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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
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
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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