Hon’ble V.K. Shukla, J.—In the abovementioned Special Appeals in question, as common question of law has been engaging the attention of this Court, the Special Appeals in question are being decided collectively and Special Appeal (D) No. 92 of 2017 is being treated to be leading case.

Ref: Civil Misc. Delay Condonation Application

2. For the reasons stated in affidavit filed in support of Delay Condonation Application, cause disclosed is sufficient in itself, Application is allowed. Special Appeal is treated to have been filed well within time.

Ref: Special Appeal

3. Sankalp Institute of Education is a minority institution affiliated with Chaudhary Charan Singh University, Meerut. The said Institution is engaged in imparting teacher’s training course known as Bachelor of Education Course (B.Ed.). The said course in question is recognized and approved by National Council for Teacher Education (N.C.T.E.) wherein the Institution can admit hundred students for B.Ed. course, which is a self financing course.

The dispute that has impelled Sankalp Institute of Education to be before this Court is that as per the policy of the State Government, Bundelkhand University, Jhansi was appointed to conduct Common Entrance Test (C.E.T.) for B.Ed. Programme for 2014-2015 and in the said centralized counselling in all 21 students were recommended for being offered appointment to the petitioner’s institution.

4. Petitioner’s institution has come forward with the case that minority institutions running B.Ed. Course and affiliated to Chaudhary Charan Singh University, Meerut have proceeded to constitute and establish a Society and the said Society undertook process of making selection of students for the respective minority institutions on the basis of combined entrance test conducted by them and based on the tests so conducted, 79 students have been admitted out of which 50 students were under minority quota and the shortfall of 29 students has been completed by admitting them under the merit quota.

5. Chaudhary Charan Singh University, Meerut, in its turn, has not at all proceeded to entertain the candidature of aforementioned 29 students, admitted by the minority institution on the premises that petitioner’s institution was not at all entitled to admit 29 students under the merit quota of minority institution as the quota in itself was confined to 50% and in view of this, the candidature of said students cannot be entertained, faced with such situation, the Institution in question is before this Court.

Stand has been taken that minority institution can admit only 50% students of their own but in the present case, the other 50% quota that was required to be admitted under combined entrance test, even therein encroachment has been made whereas it was not at all permissible and in view of this, the University is absolutely right at the point of time when University has proceeded to take a resolve not to entertain candidature of said 29 students.

6. The Learned Single Judge, on the basis of pleadings that have been so exchanged and on the basis of arguments that have been so advanced qua the admission so taken, proceeded to examine the claim and the counter claim and ultimately concluded as follows :

“Q.1 Whether unaided/self financed minority institution have right to admit students of their choice by adopting a mechanism of their own, thus, selecting students outside the policy of the State provided through a single window system.

A. No

Q.2 Whether single window system i.e. CET followed by centralized counselling in admitting students for B.Ed. course infringes upon the right of the minority institutions as contemplated under the Article 19(1)(g) and 30 of the Constitution of India.

A. No.

Q.3 Whether minority institutions imparting B.Ed. course are entitled to claim parity with the Government Order dated 10 June 2015 issued in respect of B.T.C. Course.

A. No.

Q.4. Whether minority institutions imparting B.Ed. course are entitled to exemp