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2010 DIGILAW 1319 (SC)

HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH) SHIROMANI GURUDWARA PRABANDHAK COMMTT. v. SHAIL MITTAL

2010-11-18

B.SUDERSHAN REDDY, SURINDER SINGH NIJJAR

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ORDER : 1. The High Court vide its impugned judgment set aside the Notifications dated 13th April 2001 and 26th April, 2001 relying upon the judgment of this Court in Bal Patil and Anr. versus Union of India & Anr. reported in 2005 (6) SCC 690 . The State of Punjab vide the said Notifications declared the "Sikh Institutions" run by the Sikh Gurudwara Prabandhak committee to be "minority" Institutions for the purpose of Section 2(f) of the Punjab Private Health Sciences Educational Institutions (Regulation of Admission, Fixation of fee and Making of Reservation) Act, 2006. Those Notifications are now declared to be ultra vires. The result is that the Sikh Institutions run by Sikh Gurudwara Prabhandak Committee cannot be treated as Minority Institutions for the purpose of said Act. It is brought to our notice that the decision rendered by Bal Patil and Anr. Versus Union of India & Anr. is under reconsideration and the same is directed to be listed along with Writ Petition(C) No.9683-9684 of 1983. The said Writ Petitions were also disposed of in Brahmo Samaj Education Society and Ors. Vesus State of West Bengal and Ors. reported in 2004 (6) SCC 224 but the Review Petition filed to review the said judgment has been allowed and accordingly, the Writ Petitions(C) Nos. 9683-9684 of 1983 are directed to be reheard by a Constitution Bench vide order dated 31st July, 2008. In such view of the matter, it would be appropriate to place these matters to be heard along with Writ Petition(C) Nos. 9683-9684 of 1983. Let these matter be placed before Hon’ble the Chief Justice of India for further appropriate orders.