MIRZA GHALIB T. T. COLLEGE, PATNA THROUGH ITS SECRETARY MD. AQUIL HAIDER Vs. THE STATE OF BIHAR THROUGH THE CHIEF SECRETARY, GOVT. OF BIHAR,PATNA

JUDGEMENT

(1.) There is a common challenge, in the present batch of writ applications, filed under Article 226 of the Constitution of India, to Regulation and Ordinance for Admission in two-Year Bachelor of Education (Secondary) Programme under Universities of Bihar (hereinafter referred to as the Ordinance/Regulation ), published under the orders of the Chancellor, Universities of Bihar, in exercise of powers under Section 38 (4) and 39(2) (ii) of the Bihar State Universities Act, 1976, and similar provisions under Patna University Act, 1976, to the extent it lays down the procedure for admission to unaided privately managed professional minority and non-minority institutions and the fee structure, on the basis of which the students are to be charged their tuition and other incidental fees by such institutions.

(2.) We will be dealing with the rival stands, which have been taken in the present proceedings, in detail, at a later stage, but we can safely indicate, at the outset, that the challenge is fundamentally on the ground of violation of Articles 19(1)(g), 29 and 30 of the Constitution of India in the perspective of the law laid down by the Supreme Court, in the case of T. M. A. Pai Foundation and Others v. State of Karnataka, reported in (2002) 8 SCC 481 . Unreasonableness and arbitrariness, lack of rationale in the matter of laying down criteria for charging fees, including tuition fee and development fee, etc., are also the grounds, which have been taken in the present proceedings. Since the primordial legal issues, which the present batch of writ applications involve, are common, the cases have been heard together with the consent of the parties and are being disposed of by the present common judgment and order.

(3.) There are two categories of privately managed institutions, which have approached this Court, viz., unaided minority institutions and unaided non-minority institutions, engaged in conducting B.Ed. course, which is admittedly a professional course.