Court No. - 39
Case :- SPECIAL APPEAL DEFECTIVE No. - 85 of 2018 Appellant :- Citizen Girls College Through Secy.
Respondent :- State Of U.P. And 4 Others Counsel for Appellant :- Nipun Singh,Mohd. Parvez,Sr. Advocate Anurag Khanna Counsel for Respondent :- C.S.C.,Rijwan Ali Akhtar
Hon'ble Dilip Gupta,J. Hon'ble Jayant Banerji,J.
This Special Appeal has been filed against the order dated 9 February 2017 passed by a learned Judge of this Court in so far as it directs that 50% of the sanctioned strength of the all minority institutions in the State imparting D.El.Ed. shall be filled up on their own from the minority community.
It is pointed out by Shri Anurag Khanna, learned Senior Counsel appearing for the appellant that the issue involving rights of minority to run and establish educational institution of their own choice under Article 30 of the Constitution of India, the regulation of such rights by the State and its extent has been examined by a Full Bench of this Court in MISC. SINGLE No.- 18243 of 2017 (Eram Girls Degree College and Another Vs. State of U.P. and Others) connected with other matters and the issue involved in this Appeal stands covered by the aforesaid decision.
Learned Standing Counsel appearing for respondent nos. 1, 2 and 3 and Shri Rijwan Akhtar, learned counsel appearing for respondent no. 4 do not dispute this position.
The Full Bench of this Court in Eram Girls Degree College, while referring to the judgement and order dated 9 February 2017 which has been impugned in the Special Appeal, observed as follows:
“As regards the order dated 09.02.2017 passed in the case of Shama Parveen and Ors. Vs. State of U.P. and Ors. (Writ-C No. 60387 of 2016) is concerned, the observations made therein with regard to necessity of Minority Institutions subjecting themselves to a centralized test and counselling are in consonance with the law explained by us, but, as far as seat sharing is concerned, any observation made therein permitting such seat sharing by the State except in so far as it is consensual, is contrary to law.
In order to further clarify the position we make it clear that the said decisions have to be read and understood in the light of what we have held in this judgement and anything contrary to it, can not be treated as a binding precedent nor good law.”
This Special Appeal is, accordingly, disposed of with the aforesaid directions and the order dated 9 February 2017 stands modified to the said extent.
Order Date :- 27.3.2018 A. V. Singh (Dilip Gupta,J.) (Jayant Banerji,J.)
Court No. - 39
Case :- SPECIAL APPEAL DEFECTIVE No. - 85 of 2018 Appellant :- Citizen Girls College Through Secy.
Respondent :- State Of U.P. And 4 Others Counsel for Appellant :- Nipun Singh,Mohd. Parvez,Sr. Advocate Anurag Khanna Counsel for Respondent :- C.S.C.,Rijwan Ali Akhtar
Hon'ble Dilip Gupta,J. Hon'ble Jayant Banerji,J.
Order on Civil Misc. Leave Application
Heard learned counsel for the parties.
The application for leave to appeal is allowed.
Order Date :- 27.3.2018 A. V. Singh (Dilip Gupta,J.) (Jayant Banerji,J.)
Court No. - 39
Case :- SPECIAL APPEAL DEFECTIVE No. - 85 of 2018 Appellant :- Citizen Girls College Through Secy.
Respondent :- State Of U.P. And 4 Others Counsel for Appellant :- Nipun Singh,Mohd. Parvez,Sr. Advocate Anurag Khanna Counsel for Respondent :- C.S.C.,Rijwan Ali Akhtar
Hon'ble Dilip Gupta,J. Hon'ble Jayant Banerji,J.
Order on Civil Misc. Delay Condonation Application
Heard learned counsel for the parties.
In view of the averments made in the affidavit filed in support of the application under Section 5 of the Limitation Act, we are satisfied that the appellant was prevented by sufficient cause from preferring the Special Appeal within the period of Limitation.
The application is, accordingly, allowed and the delay in filing the Special Appeal is condoned.
Order Date :- 27.3.2018 A. V. Singh (Dilip Gupta,J.) (Jayant Banerji,J.)