A.K.Patnaik, C.J.

( 1. ) In this batch of writ petitions filed under Art. 226 of the Constitution, the common questions which arise for decision are that how far is it permissible under the Constitution for the State to control and regulate admissions and fees in private unaided professional educational institutions in the State of Madhya Pradesh.

( 2. ) The background facts are that in Unni Krishnan Vs. State of Andhra Pradesh, (1993) 1 SCC 645, a five Judge Bench of the Supreme Court held that there was no fundamental right to professional education which flows from Art. 21 of the Constitution but framed a scheme in the nature of guidelines which the appropriate Governments and recognising and affiliating authorities were to implement as conditions for grant of permission, recognition or affiliation under which the seats in professional colleges were to be divided into free seats and payment seats and a common entrance test was to be conducted by the State Government and the first 50% students in the merit list were to be admitted in free seats with nominal fees and the second 50% students in the merit list were to be admitted in payment seats and the fees payable for the p