The fixation of government seat quotas in unaided minority institutions is unconstitutional and violates their fundamental right to autonomy under Article 30(1) of the Constitution.

ORDER :

Ravindra Kumar Agrawal, J.

1. The present is the writ petition under Article 226 of the Constitution of India filed by the petitioners through their unaided private educational institution for declaring the Rule 4(1)(d)(i) of the Chhattisgarh Ayush Graduate Course ADMISSION RULES , 2023 (Annexure-P/1) being ultra virus and unconstitutional and also for holding that there can be no fixation of the Govt. seats in the minority institutions and further for a direction to the respondents authorities to permit the petitioner No.1 to admit all India students in BAMS.

2. The petition has been filed for the following relief(s):-

“I. That this Hon’ble Court may kindly be pleased to declare the rule 4(1)(d)(i) of the Chhattisgarh Ayush Graduate Course ADMISSION RULES , 2023 (Annexure P/1) as being ultra vires and unconstitutional.

II. That, this Hon’ble Court may kindly be pleased to hold that there can be no fixation of government seats in the minority institutions.

III. That, this Hon’ble Court may kindly be pleased to direct the respondent authorities to amend the counselling notice dated 21.09.2023 (Annexure-P/8) and further direct the respondent authorities to permit the petitioner No.1 to admit all India students in BAMS course.

IV. Any other relief, which this Hon’ble Court deems, fit in the facts and circumstances may also be granted in favour of the petitioner.”

3. The brief facts of the case as pleaded by the parties in the writ petition are that the petitioner is an unaided minority institution imparting education and degree in Bachelor of Aayurvedik Medicine and Surgery (BAMS) and was established in the year 2017. The respondent No.1, C.G. Govt. has framed C.G. Ayush Graduate Course ADMISSION RULES , 2023 (hereinafter called as ‘the ADMISSION RULES , 2023’) wherein the State has fixed quota in minority institutions under Rule 4(1)(d)(i) of the ADMISSION RULES , 2023 which is impermissible and against the various judgments passed by the Hon’ble Supreme Court in this regard. Prior to the enforcement of the ADMISSION RULES , 2023, the C.G. Ayush Graduation Course ADMISSION RULES , 2019 was applicable wherein the minority institutions were exclusively excluded from the ambit of such quota and admissions were made strictly in accordance of the merit obtained by the students of all India in NEET-UG examination. No such quota has been fixed either in dental or medical minority institutions, but only in the minority institutions imparting education in Ayush course said quota has been fixed. Further, the State has no right to fix quota of the weaker society in the minority institutions under the Right of Children to Free and Compulsory Education Act, 2009. As per Rule 4(1)(a) of the ADMISSION RULES , 2023, the said quota is 85% of the total seats and as per Rule 4(1)(d)(i) of the ADMISSION RULES , 2023 out of 85% of the said quota, 50% seats has to be filled up by local minority students, i.e., from Jain community of Chhattisgarh State for which the minority institution is established and remaining 50% from general merit list prepared for the C.G. State from which counseling is to be conducted.

It is also the case of the petitioner that the petitioner No.1 is not receiving any grant from the State Govt. No Government hospital has been attached with the petitioner No.