State Cannot Fix Quota In Unaided Minority Educational Institutions: Chhattisgarh HC Strikes Down Rule 4(1)(d)(i) of Chhattisgarh Ayush Graduate Course Admission Rules
The Chhattisgarh High Court has declared Rule 4(1)(d)(i) of the Chhattisgarh Ayush Graduate Course Admission Rules, 2023 as ultra vires and directed the State Government to issue necessary instructions with respect to admission in BAMS (Bachelor of Ayurvedic Medicine and Surgery) course in unaided minority institution.
The Court was deciding a writ petition filed through unaided private educational institution for declaring the said Rule as ultra vires 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 authorities to permit the college to admit all India students in BAMS.
A Division Bench of Chief Justice Ramesh Sinha and Justice Ravindra Kumar Agrawal observed, “… the State cannot fix quota in unaided private professional institution between the Management and the State. Therefore, we deem it appropriate to declare sub-clause (i) of clause (d) of sub-rule (1) of rule 4 of C.G. Ayush Graduate Course Admission Rules, 2023 as ultra vires and hold that the State cannot fix quota or percentage of admission in unaided minority educational institutions. For the foregoing reasons the petition is allowed and the provision of sub-clause (i) of clause (d) of sub-rule (1) of Rule 4 of the C.G. Ayush Graduate Course Admission Rules, 2023 is declared as ultra vires.”
Advocate Surya Kawalkar Dangi appeared on behalf of the petitioners while Additional Advocate General (AAG) Yashwant Singh Thakur appeared on behalf of the respondents.
Brief Facts -
The petitioner was an unaided minority institution imparting education and degree in BAMS and was established in the year 2017. The State Govt. had framed the said Admission Rules, 2023 wherein it fixed quota in minority institutions under Rule 4(1)(d)(i). 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 was fixed either in dental or medical minority institutions, but only in the minority institutions imparting education in Ayush course, said quota was 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 Rule 4(1)(a) of the Admission Rules, 2023, the said quota is 85% of the total seats and as per Rule 4(1)(d)(i), out of 85% of the said quota, 50% seats have 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 counselling is to be conducted. The petitioner’s case was that it was not receiving any grant from the State Govt.
The High Court after hearing the contentions of the counsel, noted, “From bare perusal of the rule 4(1)(d)(i) of the Admission Rules, 2023 appears that it has fixed 15% seats for all India quota and 85% for the State quota, Out of 85 % of the State quota 50% have been fixed for the domicile of State of C.G. which means that if the requisite numbers of students are not available from the domicile of State of C.G., the State minority institution has to permit the students from outside of the State for admission.”
The Court said that only residents of C.G. belonging to that particular minority community could be admitted against 50% seats of the college, but in view of the constitutional right under Article 30 of the Constitution, the clause will have to mention that if candidates from within the State of C.G. belonging to that particular community were available, then the college was obliged to admit only those students and in case the said students were not available within the State, then it shall be open to the college to look for such students from outside the State.
“Article 30 of the Constitution provides to all minorities whether based on religion or language to establish and administer educational institution of their choice. … By the said proposition the institutions established by the minorities are required to admit requisite number of students of their community which in the instant case was 50% of the total seats of the said college. If that clause is to be strictly adhered, then no student from outside of the State are to be allowed admission then the clause would violate constitutional right of the minority institution as guaranteed under Article 30 of the Constitution of India”, it added.
Accordingly, the High Court declared the Rule as ultra vires and issued necessary directions.
Cause Title- Mahaveer College of Ayurvedic Science Village & Anr. v. State of Chhattisgarh & Ors. (Neutral Citation: 2024:CGHC:37702-DB)
