Chhattisgarh High Court: In a petition filed by the petitioners under Article 226 of the Constitution through their unaided private educational institution for declaring the Rule 4(1)(d)(i) of the Chhattisgarh Ayush Graduate Course Admission Rules, 2023 (‘the Admission Rules, 2023’) as ultra virus and unconstitutional, the Division Bench of Ramesh Sinha, CJ and Ravindra Kumar Agrawal, J., declared Rule 4(1)(d)(i) of the Admission Rules, 2023 as ultra vires and held that the State could not fix quota or percentage of admission in unaided minority educational institutions.
Background
The petitioner was an unaided minority institution, established in 2017, and was imparting education and degree in Bachelor of Ayurvedic Medicine and Surgery (‘BAMS’). The petitioner stated that State of Chhattisgarh (Respondent 1) had framed the Admission Rules, 2023 wherein the State had fixed quota in minority institutions under Rule 4(1)(d)(i) of the Admission Rules, 2023 which was impermissible and against various judgments passed by the Supreme Court in this regard.
As per as per Rule 4(1)(d)(i) of the Admission Rules, 2023 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 was established and remaining 50% from general merit list prepared for the Chhattisgarh State from which counselling was to be conducted.
The petitioner stated that prior to the enforcement of the Admission Rules, 2023, the Chhattisgarh Ayush Graduation Course Admission Rules, 2019 was applicable, whereby the minority institutions were exclusively excluded from the ambit of such quota and admissions were made strictly in accordance with 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 had been fixed.
The petitioners raised their grievance against Rule 4(1) of the Admission Rules, 2023 that the State could not restrict the minority institutions to give admission of 50% State quota seats to the students who were domicile of Chhattisgarh.
Analysis, Law, and Decision
The Court stated that from the bare perusal of Rule 4(1)(d)(i) of the Admission Rules, 2023, it appeared that 15% seats was fixed for all India quota and 85% for the State quota. Further, out of 85% of the State quota, 50% was fixed for the domicile of State of Chhattisgarh which meant that if the requisite numbers of students were not available from the Chhattisgarh State, the State minority institution had to permit the students from outside of the State for admission.
The Court stated that no doubt it was provided that only residents of Chhattisgarh belonging to a particular minority community could be admitted against 50% seats of the college. However, considering the constitutional right under Article 30 of the Constitution, the clause would have to mention that if candidates from within the State of Chhattisgarh belonging to a particular community were available, then the college was obliged to admit only those students. Further, in case the said students were not available within the State then it should open to the college to look for such students from outside the State.
The Court stated the institutions established by the minorities were required to admit requisite number of students of their community, which in the present case was 50% of the total seats of the said college. If that clause was to be strictly adhered, then no student from outside of the State would be allowed admission, and then the clause would violate constitutional right of the minority institution as guaranteed under Article 30 of the Constitution.
The Court referred to P.A. Inamdar v. State of Maharashtra, (2005) 6 SCC 537, and opined that the State could not fix quota in unaided private professional institution between the Management and the State. Thus, the Court declared Rule 4(1)(d)(i) of the Admission Rules, 2023 as ultra vires and held that the State could not fix quota or percentage of admission in unaided minority educational institutions. Considering the Rule 4(1)(d)(i) of the Admission Rules, 2023 was ultra vires, the Court directed the State Government to issue necessary instructions with respect to admission in BAMS course in unaided minority institution.
[Mahaveer College of Ayurvedic Science Village v. State of Chhattisgarh, 2024 SCC OnLine Chh 9048, decided on 25-09-2024]
Advocates who appeared in this case :
For the Petitioners: Surya Kawalkar Dangi, Advocate;
For the Respondents: Yashwant Singh Thakur, Additional Advocate General.
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