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2022 Supreme(All) 929
IN THE HIGH COURT OF ALLAHABAD
DEVENDRA KUMAR UPADHYAYA, SUBHASH VIDYARTHI, JJ.
Mtv Buddhist Religious and Charitable Trust, Thru President Andanr - Petitioner
Versus
State of U.P., Through Prin. Secy. Minorities Welfare and Ors. - Respondents
Writ - C No. 19316 of 2020
Decided On : 12-09-2022
For the Petitioner: Anuj Dayal, Amit Jaiswal Ojus Law, Nipun Singh, Raghav D. Garg.
For the Respondent: C.S.C., Gyanendra Kumar Srivastav, Kshitij Mishra, Rishabh Kapoor.
An institution must be established and administered by a minority to qualify as a Minority Institution under U.P. Act No.24 of 2006.
Headnote:
Minority Institution - Educational Institution - Act, 2004, U.P. Act No.24 of 2006 - 2(g), 3(h) - The court dismissed the writ petition challenging orders related to fee fixation and minority institution status. The court held that the institution did not qualify as a Minority Institution under U.P. Act No.24 of 2006 as it was not established by a minority at the time of its establishment and therefore, the orders were not illegal.
Fact of the Case:
The petitioners challenged orders related to fee fixation and minority institution status. The court dismissed the writ petition.
Finding of the Court:
The court found that the institution did not qualify as a Minority Institution under U.P. Act No.24 of 2006 as it was not established by a minority at the time of its establishment.
Issues: The issues involved the qualification of the institution as a Minority Institution and the legality of the orders related to fee fixation.
Ratio Decidendi: The institution did not qualify as a Minority Institution under U.P. Act No.24 of 2006 as it was not established by a minority at the time of its establishment.
Final Decision: The court dismissed the writ petition, finding no merit in the petitioners' submissions.
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 dated 26.07.2018 was passed by the State Government in compliance of an order dated 22.06.2018 passed by this Court in Writ Petition No.21980 of 2018 instituted by the petitioners whereby the State Government was directed to look into the grievance of the petitioners and pass appropriate orders on their representation. By the said order dated 26.07.2018 the State Government has refused to treat the petitioners-institution as Minority Institution.
3. The petitioners have also prayed to issue a direction to the Director General Medical Education and Training to treat the petitioner no.2-College as a Minority Institution in view of the minority status granted to the said College by National Commission for Minority Educational Institutions (herein after referred to as "National Commission"). It has also been prayed that the respondents-State of U.P. in the Department of Minority Welfare as also in the Department of Medical Education and Training be directed to allow the privileges of a Minority Institution to the petitioner-college. Subsequently by amending the writ petition, the petitioners have also prayed for quashing of a Government Order dated 06.11.2020, issued by the State Government, in the Department of Medical Education and Training, whereby the fee to be charged by the petitioner no.2-College from its students for pursuing MBBS and MDS courses has been determined. By amending the writ petition, another prayer has been made to quash the Government Order dated 28.08.1999, whereby the State Government in the Department of Medical Education and Training has determined certain criteria for declaration of a non-Government Medical/Dental/Para Medical College to be a Minority Institution on the basis of language and religion, that is to say, Linguistic Minority Institution and Religious Minority Institution.
4. Shri Sanjay Bhasin, learned Senior Advocate, representing the Director General Medical Education and Training at the outset has submitted that this petition is not maintainable for the reason that prior to filing of the instant writ petition the petitioners had instituted Writ-C No.31941 of 2018 whereby a challenge was made to quash the order dated 26.07.2018 which is under challenge in this petition as well. He has also stated that another prayer made in the Writ-C No.31941 of 2018 was for issuing a direction to the State authorities to acknowledge and treat the petitioner-College as Minority Institution and to confer all benefits available to Minority Institutions. He has further stated that during the pendency of the Writ C No.31941 of 2018 the Director General Medical Education and Training had issued two letters/orders dated 29.01.2019 and 04.02.2019 directing the petitioner-College to submit its proposal for fixation of fee for its Post Graduat
