Hon’ble Mahesh Chandra Tripathi, J.—Heard Shri R.A. Akhtar, learned counsel for the petitioner, Shri Som Narayan Mishra, learned Standing Counsel for the first respondent and Shri Vivek Varma, learned counsel for the second and third respondents.

2. In the abovementioned Writ Petitions in question, as common question of law has been engaging the attention of this Court, the Writ Petitions are being decided collectively and Writ Petition No. 35719 of 2015 is being treated to be leading case.

3. Brief facts giving rise to the present Writ Petition is that petitioner institution namely HMA Rizvi Parikshan Sansthan Chandpur, District Bijnor (hereinafter referred to as the ‘Institution) is a self financed minority institution being run and managed by a educational society known as Haleema Marya Rizvi Educational Society, District Bijnor, which is registered under the Societies Registration Act, 1860. Petitioner’s Institution is running Bachelor of Education (B.Ed.) Course under self finance scheme after getting recognition from the National Council for Teachers Education (in brevity ‘NCTE’), Jaipur as well as the no objection certificate from the State Government wherein the Institution can admit hundred students for B.Ed. course, which is a self financing course.

4. The dispute that has impelled HMA Rizvi Parikshan Sansthan Chandpur, District Bijnor to be before this Court is that as per the policy of the State Government, Bundelkhand University, Jhansi was appointed to conduct Joint Entrance Test (C.E.T.) for B.Ed. Programme for the Academic Session 2014-2015 on the recommendation made by the Rohilkhand University, Bareilly for filling up 50% seats in the petitioner’s Institution and in the said centralized counseling, in all 36 students out of 50% seats were recommended for being allotted seats for B.Ed. Course and for remaining 50%, petitioner’s institution being minority institution was free to admit students.

5. The case has been set up by the petitioner that despite the fact that petitioner’s institution being minority Institution and having its rights conferred under Article 30(1) of the Constitution of India is fully authorized to take admission of its own choice from the students who had participated in qualifying Joint Entrance Test conducted for B.Ed. Course, it had taken only 14 students out of 50% students allotted through counseling by the University and the remaining 50% seats has also been filled up by the Institution of its own choice under the Management quota. Much emphasis has been placed by the petitioner that all these 14 students have qualified the Joint Entrance Test and at no point of time, the merit was crucified.

6. The University, in its turn, has not at all proceeded to entertain the candidature of the aforementioned 14 students admitted by the minority institution on the terms that the petitioner’s institution was not entitled to admit 14 students under the management quota as its quota was confined to only 50% and in view of this, the candidature of the said students could not be entertained.

7. Faced with such a situation, the petitioner institution was impelled to be before this Court and initially an interim order was passed by this Court on 26.6.2015 on which basis, 14 students, who claimed to be admitted by Joint Entrance Test conducted by Buldelkhand University, Jhansi were permitted to appear in the examination provisionally for the academic sesion 2014-15 which was scheduled to be commenced from 1st July, 2015.

8. The stand was taken by the University that being a minority Institution, the Institution can admit only 50% students of their own choice but in the present case, in the 50% quota that was required to be admitted under Joint Entrance Test even therein encroachment has been made by the petitioner’s Institution and 14 students were admitted in this direction and as such it has been claimed that the same is impermissible and the University has resolved not to entertain the candi