- (1.) S. H. A. Raza, J. Fate of this writ petition hinges on the reply to the question as to whether Isabella Thoburn College, Lucknow, a premier girls college of the city, which has been recognised as a minority Institution by the State Government and is an associate college of the Lucknow University, is clothed with the power to admit the students in B. Ed. classes by adopting its own method of selection, under Article 30 of the Constitution of India.
(2.) PRESENT writ petition has been filed by the Committee of Management of Isabella Thoburn College, Lucknow, assailing the U. P. State Universities (Regulation of Admission to Courses of Instruction for Degrees in Education in Affiliated, Associated and Constituent College) Order, 1987 and the Govt. Order No. 1310/15-11-95-3 (10)/92 dated 7-8-1995, which is said to be inapplicable to the said college and if it is found to be applicable to the extent of its applicability to the college, the provisions may be declared void and quashed. Said Regulation was issued in exercise of powers under sub-section (5) of Section 28 of the Uttar Pradesh State Universities Act, 1973 as reenacted by the U. P. Universities (Enactment and Amendment) Act, 1974 (U. P. Act No. 29 of 1974), and in supersession of all previous rules and orders issued in that behalf. Section 28 (5) (b) of the U. P. State Universities Act provides that the admission to medical and engineering colleges and to courses of instruction for degrees in Education and Ayurvedic or Unani systems of medicine (including the number of students to be admitted), shall subject to clause (a) be regulated by such orders (which if necessary may be with retrospective effect), but not effective prior to January 1, 1979 as the State Government may be notification, make in that behalf.
(3.) PROVISO to aforesaid section, states that no order regulating admission under this clause shall be inconsistent with the rights of minorities in the matter of establishing and administering educational institutions of their choice. Chapter-II, of 1987 Regulation provides procedure for admission for B. Ed. classes. According to which, it will be responsibility of the concerned University to prepare a merit list for admission to B. Ed. courses in an affiliated, associated and constituent college. Admissions shall be made according to the merit so prepared, unless a candidate is found ineligible for admission under sub para-3 of para 12. The maximum number of students to be admitted in every college shall be as such as may be prescribed by the Vice-Chancellor of the University and no person shall be admitted in excess of such number in any case.;