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2025 Supreme(Online)(Chh) 10647
CHHATTISGARH HIGH COURT
Ramesh Sinha, C. J., *Ravindra Kumar Agrawal, J.
Mahaveer College of Ayurvedic Science Village Rajnandgaon - Chhattisgarh v. State of Chhattisgarh
Writ Petition | Art.226
For the Appellants/Petitioners: Not specified
For the Respondents: Not specified
The imposition of state quotas in unaided minority educational institutions is unconstitutional as it violates the rights under Article 30(1) of the Constitution, upholding the autonomy of minority institutions to admit students without government interference.
Headnote:(A) Constitution of India - Article 30(1) - Chhattisgarh Ayush Graduate Course Admission Rules, 2023 - Provision R.4(1)(d)(i) declared ultra vires - Fixation of government seats in minority institutions held unconstitutional, infringing minority rights under Article 30 - The court reaffirmed that minority educational institutions have the autonomy to admit students of their choice, including non-minority candidates, to maintain their minority character. (Paras 21, 19, 12, 15, 3, 1).
Facts of the case:
The petitioners, an unaided minority institution established in 2017, challenged the State's rule mandating a 50% seat quota for local minority students, arguing it contravened previous Supreme Court judgments barring government interference in minority admissions.
Findings of Court:
The provision requiring a state-imposed quota in unaided minority institutions was declared unconstitutional and infringing upon the autonomy guaranteed under Article 30 of the Constitution, emphasizing that such institutions can admit students based solely on merit without state interference.
Issues: The primary issue addressed was whether the state can legally impose a quota on unaided minority educational institutions, particularly regarding the admission of students based on their local domicile status.
Ratio Decidendi: The court emphasized that state regulations cannot override constitutional protections for minority institutions, which include the right to determine admission based on merit without government quotas. The court found that such an imposition equates to an infringement of the rights guaranteed to minorities under Article 30(1).
Result: The petition was allowed, declaring R.4(1)(d)(i) as ultra vires and unconstitutional.
| Table of Content |
|---|
| 1. challenge to quota in minority institution admissions (Para 1 , 2 , 3) |
| 2. state's right to regulate educational admissions (Para 4 , 5 , 6) |
| 3. supreme court rulings on minority institution rights (Para 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18) |
| 4. r.4(1)(d)(i) declared ultra vires (Para 19) |
1. The present is the writ petition under Art.226 of the Constitution of India filed by the petitioners through their unaided private educational institution for declaring the R.4(1)(d)(i) of the Chhattisgarh Ayush Graduate Course Admission Rules, 2023 (Annexure - P / 1) being ultra virus and unconstitutional and also for holding that there can be no fixation of the Govt. seats in the minority institutions and further for a direction to the respondents authorities to permit the petitioner No.1 to admit all India students in BAMS.
2. The petition has been filed for the following relief(s): -
"I. That this Hon'ble Court may kindly be pleased to declare the R.4(1)(d)(i) of the Chhattisgarh Ayush Graduate Course Admission Rules, 2023 (Annexure P / 1) as being ultra vires and unconstitutional.
II. That, this Hon'ble Court may kindly be pleased to hold that there can be no fixation of government seats in the minority institutions.
III. That, this Hon'ble Court may kindly be pleased to direct the respondent authorities to amend the counselling notice dated 21.09.2023 (Annexure - P / 8) and further direct the respondent authorities to permit the petitioner No.1 to admit all India students in BAMS course.
IV. Any other relief, which this Hon'ble Court deems, fit in the facts and circumstances may also be granted in favour of the petitioner."
3. The brief facts of the case as pleaded by the parties in the writ petition are that the petitioner is an unaided minority institution imparting education and degree in Bachelor of Ayurvedik Medicine and Surgery (BAMS) and was established in the year 2017. The respondent No.1, C.G. Govt. has framed C.G. Ayush Graduate Course Admission Rules, 2023 (hereinafter called as 'the Admission Rules, 2023') wherein the State has fixed quota in minority institutions under R.4(1)(d)(i) of the Admission Rules, 2023 which is impermissible and against the various judgments passed by the Hon'ble Supreme Court in this regard. Prior to the enforcement of the Admission Rules, 2023, the C.G. Ayush Graduation Course Admission Rules, 2019 was applicable wherein the minority institutions were exclusively excluded from the ambit of such quota and admissions were made strictly in accordance of the merit obtained by the students of all India in NEET - UG examination. No such quota has been fixed either in dental or medical minority institutions, but only in the minority institutions imparting education in Ayush course said quota has been fixed. Further, the State has no right to fix quota of the weaker society in the minority institutions under the Right of Children to Free and Compulsory Education Act, 2009 . As per R.4(1)(a) of the Admission Rules, 2023, the said quota is 85% of the total seats and as per R.4(1)(d)(i) of the Admission Rules, 2023 out of 85% of the said quota, 50% seats has to be filled up by local minority students, i.e., from Jain community of Chhattisgarh State for which the minority institution is established and remaining 50% from general merit list prepared for the C.G. State from which counseling is to be conducted.
It is also the case of the petitioner that the petitioner No.1 is not receiving any grant from the State Govt. No Government hospital has been attached with the petitioner No.1 college and merely sending some of the students to the District Hospital of Rajnandgaon for internship the same cannot be in any manner termed as grant to the petitioner's college. Since the counseling schedule was declared for admission in the academic session of 2023-24 by the respondent No.3 on 21-09-2023 and the application from the students for registration has been called, the petitioner No.1 insti
