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DEVENDRA KUMAR UPADHYAYA, SUBHASH VIDYARTHI
Mtv Buddhist Religious and Charitable Trust, Thru President Andanr – Appellant
Versus
State of U. P. , Through Prin. Secy. Minorities Welfare – Respondent
JUDGMENT :
1. Heard Shri Sudeep Seth, learned Senior Advocate, assisted by Shri Amit Jaiswal and Shri Anuj Dayal for the petitioners, Shri Sanjay Bhasin, learned Senior Advocate, assisted by Shri Rishabh Kapoor, learned counsel representing the Director General Medical Education and Training, Uttar Pradesh, learned State Counsel for other State-respondents and Shri Gyanendra Kumar Srivastava, learned counsel representing the National Medical Commission.
2. By instituting these proceedings under Article 226 of the Constitution of India initially a challenge was made to the orders dated 05.10.2020 and 07.10.2020, both issued by the Director General Medical Education and Training, U.P. requiring the Management/Principals of all Dental College and Medical Colleges in the State of U.P. running in private sector to submit their proposals so that the fee to be charged by these institutions from the students may be determined. Another prayer made in the writ petition is to quash the order dated 26.07.2018 passed by the State Government in the Department of Medical Education and Training, whereby the representation dated 12.06.2018 preferred by the petitioner was rejected. The said order date
The main legal point established in the judgment is that the State cannot impose a limit on the admission of students from the minority community to an unaided minority professional institution, as e....
No Objection Certificate to run the minority educational institution can be granted either by the Competent Authority declared by the appropriate authority as per Section 10 or by the National Commis....
Minority educational institutions can be established without prior permission, but the State may require a minimum percentage of admissions from the minority community to maintain their status.
The court affirmed that minority educational institutions must maintain a significant representation of students from the minority community to retain their status, and the state has the authority to....
The right of minority educational institutions to establish colleges is subject to satisfying statutory conditions of need and infrastructure as per the Andhra Pradesh Education Act.
The judgment established the applicability of the Tamil Nadu Private Colleges Regulation Act, 1976 to minority institutions and clarified the jurisdiction of the Tribunal to hear second appeals. It a....
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