R. Banumathi JUDGMENT
A.K. Sikri, J.
1. In all these appeals, validity and correctness of the common judgment dated May 15, 2009 passed by the High Court of Madhya Pradesh, Principal Bench at Jabalpur, has been questioned. The Appellants in these appeals had filed writ petitions challenging the validity/vires of the provisions of the statute passed by the State Legislature, which is known as 'Niji Vyavasayik Shikshan Sanstha (Pravesh Ka Viniyaman Avam Shulk Ka Nirdharan) Adhiniyam, 2007' (hereinafter referred to as the 'Act, 2007'). The Appellants also challenged vires of Admissions Rules, 2008 (for short, 'Rules, 2008') and the Madhya Pradesh Private Medical and Dental Post Graduate Courses Entrance Examination Rules, 2009 (for short, 'Rules, 2009') which have been framed by the State Government in exercise of the power conferred upon it vide Section 12 of the Act, 2007. The aforesaid Act and Rules regulate primarily the admission of students in post graduate courses in private professional educational institutions and the provisions are also made for fixation of fee. In addition, the said Act and Rules also contain provisions for reservation of seats. All the Appellants are private medical and dental colleges which are unaided, i.e. they are not receiving any Government aid and are self financing institutions running from their own funds.
2. It is evident from the reading of the impugned judgment that challenge was laid by the Appellants to those provisions of the Act and Rules on four grounds. The same are as under:
(i) the challenge to the provisions relating to admission;
(ii) the challenge to the provisions relating to fixation of fee;
(iii) the challenge to the provisions for reservation; and
(iv) the challenge to the provisions relating to eligibility for admission.
3. Insofar as provisions relating to admission, eligibility for admission and fixation of fee are concerned, the main contention of the Appellants was that these medical and dental colleges being private unaided colleges, it is their fundamental right Under Article 19(1)(g) of the Constitution of India to lay down the eligibility criteria for admission and admit the students as well as fix their fee. Relying upon the eleven Judge Bench decision of this Court in T.M.A. Pai Foundation and Ors. v. State of Karnataka and Ors. MANU/SC/0905/2002 : (2002) 8 SCC 481, it was argued tha........