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1 - 10 of 27 (1.02 seconds)Article 30 in Constitution of India [Constitution]
Article 15 in Constitution of India [Constitution]
Section 6 in The Punjab Private Health Sciences Educational Institutions (Regulation of Admission, Fixation of Fee and Making of Reservation) Act, 2006 [Entire Act]
The Punjab Private Health Sciences Educational Institutions (Regulation of Admission, Fixation of Fee and Making of Reservation) Act, 2006
M. R. Balaji And Others vs State Of Mysore on 28 September, 1962
This was
challenged in the said case and the Division Bench upheld the same by
observing that 50% limit prescribed by the Supreme Court in M.R Bala
Ji and others Vs. State of Mysore AIR 1963 SC 649, is applicable only
to reservations made under Article 15(4) of the Constitution and that the
other reservations were not violative of Article 14 of the Constitution as
the said Article permitted classification based on lawful State policy.
Such State policy, if it sub serves national interest, is lawful. Relevant
paras from the judgment are reproduced below:-
Article 16 in Constitution of India [Constitution]
Rishiraj College Of Dental Sciences & ... vs State Of Madhya Pradesh . on 17 September, 2015
With the decision in Modern Dental College & Research
Centre's case (supra) (read in the context of the Madhya Pradesh State
legislation of 2007) the pendulum has swung back to the era when
regulation of all aspects of professional education was held to be legal.
Unni Krishnan, J.P. And Ors. Etc. Etc vs State Of Andhra Pradesh And Ors. Etc. Etc on 4 February, 1993
Unni Krishnan (supra) was
overruled. Although, education was held to be an 'occupation' entitling
private players to invoke Article 19(1)(g) of the Constitution, the same
was held to be charitable in nature with no profit motive. Some surplus
could be generated for maintenance and development of infrastructure,
but capitation fee could not be charged. Regulation of private institutions
was held permissible, but only for maintenance of proper academic
standards, provision of qualified staff, prevention of mal-administration
and creation of infrastructure. Stress was laid on autonomy of private
institutions. Certain relevant paragraphs from the judgment are be
reproduced hereunder:-
T.M.A. Pai Foundation & Ors vs State Of Karnataka & Ors (With Other ... on 31 October, 2002
The law has always been in favour of regulation of activities
of private institutions. The pendulum has swung in favour of autonomy
so far as fee fixation and reservation is concerned in TMA Pai
Fundation's case (supra) and P.A Inamdar's case (supra), but even in
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CWP-17248-2019 (O&M) and other connected cases 30
the said judgments regulation for the purposes of academic excellence has
been upheld.