The constitutional right of minority institutions under Article 30 allows for admission of students from the minority community, even if they are not residents of the state.

N.K.SODHI, J.

1. This order will disposed of two writ petitions Nos. 13722 and 16229 of 2000 in which common questions of law and fact arise. Since arguments were addressed in Civil Writ Petition No. 13722 of 2000, the facts are being noticed from this case.

2. Petitioners are students of Shri Baba Mast Nath College of Physiotherapy, Asthal Bohar, District Rohtak (hereinafter referred to as the College) which is a minority institution set up by the Nath Sect of people who are recognised as a minority community in the State of Haryana. They were admitted to the Three Year B.Sc. Physiotherapy course in the academic year 1999-2000 and by now they have completed more than one year of study. The College is affiliated to the Maharishi Dayanand University, Rohtak (for short the University). The relevant part of para 10 of Chapter-IV of the Information Brochure-cum-prospectus issued by the University for admissions to the aforesaid course for the academic year 1999-2000 which concerns us in this case reads as under :-

". . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Haryana State Government has approved that Nath Sect be declared as minority community in Haryana State only as conveyed by the Financial Commissioner and Secretary to Government, Haryana, Home Department vide memo No. 27-3-1996-Home (MC) dated 25-4-1997. As such, the Management of Shri Baba Mast Nath, Asthal Bohar is authorised to make 50% admissions from minority community (Kanpada) Yogis of Haryana State only at its own level treating itself as minority educational institution.. . . . . . . . . . . . . . . . . . . . . . . . . ."In view of the aforesaid provision, all the petitioners who belong to the Nath Sect were admitted to the course. The University has by its communication dated 26-6-2000 addressed to the Principal of the College cancelled the admission of the petitioners on the ground that they were not residents of Haryana at the time of admission and, therefore, their admission was contrary to the prospectus. According to the University, only those candidates belonging to the Nath Sect who were residents/domicile of Haryana were eligible for admission to the course against the 50% seats earmarked for the minority community (Nath Sect) to be made by the College itself. It is against this decision of the University that the present writ petition has been filed.

3. In response to the notice of motion, the University has filed its reply. It is pleaded that since the petitioners were not residents of the State of Haryana, they were not eligible for admission and, therefore, their admission to the College could not be regularised. It is further pleaded in para 6 of the reply that out of the total of 60 seats the College could make only 30 admissions up to 50% of the total intake strength whereas it has admitted 41 students against 30 seats reserved for minority community and for this reason as well the admission granted to the petitioners could not be sustained. The College has not filed any separate reply but the learned counsel appearing on its behalf supported the contentions of the petitioners.

4. We have heard counsel for the parties and it is their common case that the College is a minority institution in the State of Haryana and that Nath Sect has been declared a minority community in the State. What is contended by the learned counsel for the University is that Nath Sect is a minority community only within the State of Haryana and according to the prospectus only the residents of Haryana who belong to the Nath Sect could be admitted against the 50% seats earmarked for the College and since the petitioners were not residents of the State they could not be admitted. Reliance in this regard has been placed on para 10 of Chapter-IV of the prospectus. A perusal of this para which has been reproduced herein above no doubt provides that only the residents of Haryana belonging to the Nath Sect could be admitted ag