Bapuji
Educational Association v. State, AIR 1986 Karnataka 119
disapproved.
3.3.The activity of establishing an educational institution,
cannot be called a 'profession ... grant affiliation to other educational Institutions. In
other words, it Is open to a person to establish an
educational institution, admit students, impart education,
conduct
Educational Institutions. The said
section is extracted below : -
"3. The reservation of seats in admission and its extent in a Central
Educational Institution shall ... institution referred to in clause (i) or clause (ii), or a constituent
unit of an institution, referred to in clause (iii);
(v) an educational institution
their case that private educational institutions should have full
autonomy in their administration. While it is necessary for an educational
institution to secure recognition ... further held that
private educational institutions merely supplemented the effort of the
state in educating the people. No private educational institution could
survive or subsist
administration
of educational institutions vis-a-vis other educational institutions. Any
law or rule or regulation that would put the educational institutions ... educational institutions of their choice. Similarly even though the
government may have a right to take over management of a non minority
educational institution
educational
institution as a minority educational institution? Would an
institution be regarded as a minority educational institution
because it was established by a person ... indicia for
determining if an educational institution is a minority institution,
(iii) whether a minority institution can operate extra-territorially
extending its activities into such
educational institutions of their choice; and clause (2) that the State shall
not, in granting aid to educational institutions, discriminate against any
educational institution ... administer educational institutions of
their choice.
(b) The State shall not, in granting aid to educational institutions,
discriminate against any educational institution on the ground
educational institutions of their choice.
Under clause (2) in granting aid to educational
institutions, the state is enjoined not to discriminate
against any educational institution ... establish and administer
educational institutions of its choice, it means that it can
establish and administer any educational institution. If a
linguistic minority can establish
speaks of “educational institutions”
generally and so does Article 29(2). These articles do not draw
any distinction between an educational institution dispensing
theological education ... case of minority educational institutions referred to in
Article 30(1). The intention of the Parliament is that the minority
educational institution referred
socially and educationally backward classes of citizens or
for the Scheduled Castes and the Scheduled Tribes to educational
institutions including private educational institutions, whether aided ... administer
educational institutions of their choice.
(1A) ………………………………………………
(2) The state shall not, in granting aid to educational
institutions, discriminate against any educational institution
institution or by any person who is incharge of or
is reponsible for the management of such
institution:
Provided..............
4. Regulation of Admission to educational ... institution, in any Scheduled Bank
and shall be applied and expended for the
improvement of the institution and the development
of the educational facilities