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2018 Supreme(Online)(All) 47

IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
Rajan Roy, J
Eram Girls Degree College Thru Manager and Another v. State of U. P Thru Prin Secy Basic Edu Lko and Others


Advocates:
For the Appellants/Petitioners: Sri Manish Kumar, Sri S.K. Kalia
For the Respondents: Sri Anand Mani Tiwari, Sri Sandeep Dixit, Sri Ramesh Pandey

1. Heard.

2. The rights of minorities to run and establish educational institutions of their choice under Art.30 of the Constitution of India, the regulation of such rights by the State and its extent, are the issues involved in these writ petitions.

3. REFERENCE

Learned Single Judge of this Court perceiving conflicting opinions expressed by various Division Benches of this Court on certain issues has referred the following questions for our consideration.

“(i) As to whether the regulatory measures, in the matter of admissions to unaided recognized minority institutions, to be taken by the State Government will be confined to the extent of ensuring fair and transparent procedure of admission to be adopted by the minority institutions without compromising with the merit in admissions to the courses of higher education, which will include professional and technical education, or it will extend to the extent of compelling the minority institutions to 'seat haring' or appropriation of quota of seats with the State Government, even in absence of any 'consensual arrangement between the unaided private minority institutions and the State'?

(ii) Which of the Division Bench judgments referred to


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