The court found that minority institutions can be regulated by the State regarding admissions while retaining their autonomy, ensuring compliance with educational standards and merit without violating constitutional rights.

1. Heard Mr. S. G. Husnain, Mr. G. M. Kamil and Mr. Manish Kumar learned counsel for the petitioners and Mr. Mansoor Ahmad, learned Chief Standing Counsel.

2. The petitioner being the minority institutions claim privilege from the application of clause 13 of the Government Order dated 22-7-2013. Therefore, the petitioner has challenged the said clause being unconstitutional and ultra vires to Art.19(1)(g) and Art.30(1) of the Constitution of India.

3. The Government Order dated 22.7. 2013 provides the procedure of admission in BTC training course. Clause 13 of the Government order relates to the minority institution and speaks that for the BTC Training in the minority institution against 50 % seats the selection shall be made by the Principal District Institute of Education & Training Institute of the district concerned and against remaining 50 % seats the selection shall be made by the concerned institution in accordance with the procedure provided in this Government Order.

4. Mr. S. G. Husnain, learned Senior Counsel appearing for the petitioner submitted that Art.30 of the Constitution of India has given a fundamental right to the minorities to establish and administer educational institutions of their choice. He further stated that Art.19(1)(g) of the Constitution of India provides that all citizens shall have the right to practice any profession, or to carry on any occupation, trade or business. The petitioner is a recognized minority institution and has also been recognized for imparting education of BTC Training course as per provisions of the National Council for Teacher Education Act , 1993 (in short NCTE Act). The NCTE Granted recognition to the petitioner - institution by means of letter dated 24th August, 2012 for conducting D.EL.ED Course of elementary level of two years duration with an annual intake of 50 from the academic session 2012-13 under clause 7 (II) of NCTE (Recognition Norms and Procedures) Regulations, 2009 subject to fulfilment of certain conditions. Out of the conditions laid down therein one condition was that the Institution shall make admission only after it obtains affiliation from the examining body. Therefore, the State Government by means of GO Dated 9th May, 2013 also granted affiliation for conducting BTC Training course to the petitioner - institution, subject to conditions laid down by the NCTE As well as under the Government Order dated 9th May, 2013.

5. Learned counsel for the petitioner submits that by that time no such condition as the restriction in admission to 50% intake by the petitioner - institution was imposed. He further stated that the State Government, for the regulation of admission and fixation of fee in private educational institution enacted ' The Uttar Pradesh Private Professional Educational Institutions (Regulation of Admission and Fixation of Fee) Act, 2006 (hereinafter referred to as Regulation of Admission Act (2006). Chapter III of the Act relates to admission in whi