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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
Ramesh Sinha, Ravindra Kumar Agrawal
Mahaveer College of Ayurvedic Science Village – Appellant
Versus
State of Chhattisgarh Through - Medical Education (Ayush) Department – Respondent
| Table of Content |
|---|
| 1. petitioners challenge state quota in minority institutions (Para 1 , 2 , 3) |
| 2. state defends regulation for local minority admissions (Para 4 , 5 , 6) |
| 3. court reviews admission rules and previous judgments (Para 7 , 8 , 9) |
| 4. definition of minority status based on state demographics (Para 10 , 11) |
| 5. state cannot enforce quotas in minority institutions (Para 12 , 13 , 14) |
| 6. importance of autonomy for unaided minority institutions (Para 15 , 16 , 17) |
| 7. invalidation of state quotas under article 30 rights (Para 18 , 19 , 20) |
| 8. court declares state rule as unconstitutional (Para 21) |
| 9. directive for proper admissions in minority institutions (Para 22) |
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 petitio
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.
The right of minority educational institutions to administer admissions under Article 30(1) is subject to reasonable regulations by the State to maintain educational standards.
The court found that minority institutions can be regulated by the State regarding admissions while retaining their autonomy, ensuring compliance with educational standards and merit without violatin....
Point of Law : Law could not be deemed to be unreasonable unless it was totally destructive or annihilative of the right under Art.30(1).
Minority educational institutions can be established without prior permission, but the State may require a minimum percentage of admissions from the minority community to maintain their status.
The rights of minorities to establish and administer educational institutions of their choice under Article 30 of the Constitution of India are subject to reasonable regulations that are necessary to....
The restriction imposed by the 2016 Rules on the right guaranteed under Article 19(1)(g) is reasonable and thus saved by clause (6) of Article 19.
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