ASHU GUPTA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner has sought issuance of a writ, direction or order under Arts. 226/227 of the Constitution for directing the Principal, Sri Guru Gobind Singh College of Pharmacy respondent 3 - to admit her to the Diploma Course in pharmacy for the year 1986-87. Her claim is that she has better merit than respondents 5 to 26 who have been admitted to the course. She thus asserts that denial of admission to her by respondent 3 violates the rule of equality enshrined in Art. 14 of the Constitution.

(2.) A preliminary objection is raised on behalf of respondent 3 and additional affidavit dt. 8-9-1986 in support of the same has been filed. It is contended that respondent 3 is an institution which is established and administered by a religious and linguistic minority and is, therefore, protected by the provisions of Art. 30 of the Constitution. It is also averred therein that the institution of respondent 3 is not getting any grant from the Government and as such it is not amenable to the writ jurisdiction of the court.

(3.) The petitioner with a view to establish that respondent 3 is getting grant from the Government placed on record an order dt. 31st Mar, 1986 passed by the Director, Public Instructions, Chandigarh Administration (Annex.-P3), wherein it is mentioned that Rs. 1 lac and Rs. 0.50 lac have been given as grant to Sri Guru Gobind Singh College for Men and Sri Guru Gobind Singh College for Women, respectively, on account of 95% of the revenue deficit. It is without doubt clear that the institution of respondent 3 has an entity separate from these two institutions. It has its separate building with independent staff with altogether different course of instructions. There is, therefore, nothing to rebut the averment of respondent No. 3 that it is not getting any grant from the Government.