Heard both sides.

2. The Honourable Supreme Court in its preamble to the judgment rendered in the case of P.A. Inamdar v. State of Maharashtra in A.I.R. 2005 SC page 3226 has stated “Education used to be charity or philanthropy in good old times. Gradually it became an occupation. Some of the Judicial dicta go on to hold it as an industry. Whether, to receive education, is a fundamental right or not has been debated for quite some time. But it is settled that establishing and administering of an educational institution for imparting knowledge to the students is an occupation, protected by Article 19(1)(g) and additionally by Article 26(a) even if there is no element of profit generation. As of now, imparting education has come to be a means of livelihood for some professional and a mission in life for some altruists.

3. It is not known whether the petitioner institution has considered the education as a means of livelihood or a mission in life.

4. But from the affidavit it is seen that the petitioner institution is administered by the trust known as “Padanilam Welfare Trust” and the trust owned and administered several other educational institution viz., one Nursing c