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2011 Supreme(J&K) 606

G.D.Sharma, B.L.Saraf
Esha Sajgotra – Appellant
Versus
Shri Mata Vaishno Devi University – Respondent


Advocates Appeared:
Mohd. Shakir, Gagan Basotra.

Per Justice G.D.Sharma

1. The complainant in this case is a student of Shri Mata Vaishno Devi University, which is a creature of The J&K Shri Mata Vaishno Devi University Act 1999 (hereinafter to be referred to as the Act). Under Sec. 10 of the Act, "Shri Shri Mata Vaishno Devi Shrine Board" (hereinafter to be referred to as the "Board") is the supreme authority of the University. The "Board" has been constituted under the Mata Vaishno Devi Shrine Act 1988. The University is a religious institution as it is solely financed by the "Board" for its establishment, maintenance and ultimate management lies with the "Board". His Excellency the Governor of the State by virtue of his office is the Chancellor of the University. The University has some constitutional guarantees as provided by the Indian constitution and spelled out by the Hon'ble Supreme Court in 11 Judges Constitution Bench which was constituted to decide the case of TMA Pai Foundations v. State of Karnataka 2002 8 SCC 481 followed by five Judges constitutional Branch in the case of Islamic Academy of Education and another v. State of Karnataka 2003 (6) Supreme 303. It is advantageous to mention here that under law, for the d































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