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Then came the challenge raised to the Constitution 93rd Amendment Act, 2005 and the 2006 Act (Act No.5 of 2007) before the Supreme Court in Ashoka Kumar Thakur v. Union of India and others [2008 (6) SCC Page 1]. The order of the Court in the aforesaid Constitution Bench decision is summarized in paragraphs 688 to 672 which is extracted hereunder:-

"668. The Constitution (Ninety-third Amendment) Act, 2005 is valid and does not violate the "basic structure" of the Constitution so far as it relates to the State-maintained institutions and aided educational institutions. Question whether the Constitution (Ninety-third Amendment) Act, 2005 would be constitutionally valid or not so far as "private unaided" educational institutions are concerned, is not considered and left open to be decided in an appropriate case. Bhandari, J. in his opinion, has, however, considered the issue and has held that the Constitution (Ninety-third Amendment) Act, 2005 is not constitutionally valid so far as private unaided educational institutions are concerned.