Hon’ble Ashok Bhushan, J.—This writ petition has been placed before this Bench under order of Hon’ble the Chief Justice dated 28.9.2010 for answering the reference on the following question:

“Whether the provisions of Regulation 4 of Chapter III of the Regulations framed under the U.P. Intermediate Education Act, 1921 impinge upon the rights of the minority institutions as guaranteed under Article 30 of the Constitution of India?”

2. The facts giving rise to the above reference in brief are that K.L. Jain Inter College Sashni Hathras is a recognised institution within the meaning of U.P. Intermediate Education Act, 1921 and is also receiving aid from the State of U.P. The institution has been recognised as a minority institution. For selection and appointment of teachers in the institution, provisions of U.P. Intermediate Education Act, 1921 and the Regulations framed thereunder are applicable. The committee of management of the institution issued an advertisement on 26.11.2006 advertising various posts of teachers. The selection committee considered the candidature of the applicants and vide letter dated 11.5.2007 forwarded its recommendation for approval as required under