TUPLES EDUCATIONAL SOCIETY Vs. STATE OF U P

JUDGEMENT

(1.) I have got the privilege to read the judg ment prepared by my Lord Hon'ble the Chief Justice. With respect while concurring with the findings recorded by Hon'ble the Chief Justice, I wish to deal with the con troversy with my own separate reasoning. The controversy basically relates to interpretation of three Hon'ble Supreme Court judgments reported in (2002) 8 SCC 481 : 2002 (5) ESC 1 (SC), TMA Pai Foundation v. State of Karnataka; (2003) 6 SCC 697 : 2003 (4) ESC 509 (SC), Islamic Academy of Education v. State of Karnataka and (2005) 6 SCC 537 : 2005 (3) ESC 373 (SC), P. A. Inamdar and others v. State of Maharashtra and others, in context to admission for B. Ed. Courses in non -aided private colleges situated in the State of U. P.

(2.) HON 'ble the Single Judge of this Court (HON'ble Mr. Justice Sunil Ambwani), vide order dated 8. 8. 2007 in Civil Misc. Writ Petition No. 34114 of 2007, Tuples Educational Society and another v. State of U. P. and another, was pleased to frame the following questions by referring the controversy to Larger Bench :

(3.) IN pursuance of the order dated 8. 8. 2007, the petition was listed before a Division Bench of this Court consisting of Hon'ble H. L Gokhale, CJ. and Hon'ble Justice Anjani Kumar, J. The Division Bench after hearing the learned counsel for the parties, formed an opinion that questions raised by the Hon'ble Single Judge, should be heard by a larger Bench. Accordingly, vide order dated 12. 9. 2007, the Division Bench had directed that matter be placed before the Hon'ble Chief Jus tice on administrative side to constitute a larger Bench. A copy of the order dated 12. 9. 2007 passed by the Division Bench is reproduced as under. "hon'ble H. L. Gokhale, CJ. Hon'bleanjani Kumar, J. Date September 12, 2007 PC. 1. Heard Mr. Ravi Kant, learned Sr. Advocate appearing for the petitioners institutions. Mr. Devendra Arora appears for Chaudhary Charan Singh Univer sity, Meerut. Mr. Abhinav Upadhyay, learned Standing Counsel appears for the State Government,