Hon’ble Devi Prasad Singh, J.—I have got the privilege to read the judgment prepared by my Lord Hon’ble the Chief Justice.

With respect while concurring with the findings recorded by Hon’ble the Chief Justice, I wish to deal with the con troversy with my own separate reasoning.

The controversy basically relates to interpretation of three Hon’ble Supreme Court judgments reported in (2002) 8 SCC 481 : 2002(5) ESC 1 (SC), TMA Pai Foundation v. State of Karnataka; (2003) 6 SCC 697 : 2003(4) ESC 509 (SC), Islamic Academy of Education v. State of Karnataka and (2005) 6 SCC 537 : 2005(3) ESC 373 (SC), P.A. Inamdar and others v. State of Maharashtra and others, in context to admission for B.Ed. Courses in non-aided private colleges situated in the State of U.P.

2. Hon’ble the Single Judge of this Court (Hon’ble Mr. Justice Sunil Ambwani), vide order dated 8.8.2007 in Civil Misc. Writ Petition No. 34114 of 2007, Tuples Educational Society and another v. State of U.P. and another, was pleased to frame the following questions by referring the controversy to Larger Bench :

(1) Whether the admissions to private unaided (minority and non-minority) colleges imparting education for Bachelo