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Maharishi Markandeshwar University ... vs State Of Himachal Pradesh And Others on 7 January, 2021
cites
Maharishi Markandeshwar Medical ... vs State Of Himachal Pradesh And Ors on 28 April, 2017
15. Though in Maharishi Markandeshwar University
(supra), issue was whether the colleges opened by full-fledged
independent university can be compelled to affiliate with
Himachal Pradesh University, but Hon'ble Apex Court while
exploring answer to aforesaid question, categorically observed
that It is unfathomable as to how sub section (2) of this
provision will take within its sweep another independent
University established under a special State Legislation or a
constituent college of such University. That general provision
may apply to all other educational institutions situated within
the State, but certainly not to an independent University
established under a special State Legislation such as the 2010
Act or to the constituent college of such an independent
University. Most importantly, in aforesaid judgment in
paragraph 34, Hon'ble Apex Court held that once it is noted
that appellant No.2 (petitioner) is an independent and full-
Section 3 in Himachal Pradesh Private Medical Educational Institutions (Regulation of Admission and Fixation of Fee) Act, 2006 [Entire Act]
Section 3 in Maharishi Markandeshwar University (Establishment and Regulation) Act, 2010 [Entire Act]
Section 32 in Maharishi Markandeshwar University (Establishment and Regulation) Act, 2010 [Entire Act]
Modern Dental College & Res.Cen. & Ors vs State Of Madhya Pradesh & Ors on 2 May, 2016
11. Hon'ble Apex Court in Modern Dental College vs. State
Of Madhya Pradesh & Ors, (2016)7 SCC 353 has held as
under:
T.M.A. Pai Foundation & Ors vs State Of Karnataka & Ors (With Other ... on 31 October, 2002
12. Besides above, reliance is placed on T.M.A.Pai
Foundation & Ors vs State Of Karnataka & Ors (2002) 8
SCC 481, wherein, Hon'ble Apex Court has held as under:
Article 19 in Constitution of India [Constitution]
Maharishi Markandeshwar University & ... vs State Of H.P And Others on 20 May, 2020
10. Yet in another case titled Mahrishi Markandey University
and another vs. State of Himachal Pradesh and others (CWP
::: Downloaded on - 07/01/2021 20:38:25 :::HCHP
18
No. 4119 of 2020), Division Bench of this Court, while dealing
with prayer of petitioners to allow them to admit 15% of total
intake as NRI seats again reiterated that petitioner-University
.
P.A. Inamdar & Ors vs State Of Maharashtra & Ors on 12 August, 2005
In PA Inamdar (supra) Hon'ble Apex Court, while dealing
with issue of reservation has held that States have no power to
insist on seat sharing in the unaided private professional
educational institutions by fixing a quota of seats between the
management and the State. The State cannot insist on private
educational institutions which receive no aid from the State to
implement State's policy on reservation for granting admission
on lesser percentage of marks, i.e. on any criterion except
merit because such imposition of quota of seats or enforcing
reservation policy of State on available seats on unaided
institutions are acts constituting serious encroachment on the
autonomy of the private unaided institution as they are not
deriving any aid from State funds, can have their own
admissions if fair, transparent, non-exploitative and based on
merit.