JUDGMENT 1. - The case set out by petitioner is that after possessing qualification of Secondary School examination, he obtained further qualification of 10+2. The petitioner thereafter obtained qualification of graduation followed by qualification of MA. The petitioner is also in possession of Degree of Moallim-E Urdu from Jamia Urdu, Aligarh. Looking to the qualification aforesaid, the petitioner was engaged as Urdu Shiksha Shastri in Lok Jumbish Project. The petitioner had also undertaken training of BSTC which is equivalent to B.Ed. The respondents issued an advertisement for the post of Prabodhak where the petitioner also made application. The petitioner was selected and given appointment looking to his merit position and his first posting was in Government Upper Primary School, Fatehpur. The appointment was in satisfaction of the required qualification for the post in question and petitioner did not conceal any fact. He was thereafter confirmed in service vide order dated 10.01.2011. The petitioner was served with the notice dated 18.12.2012 in regard to the qualification obtained from Jamia Urdu, Aligarh. The petitioner was thereafter dismissed from service vide order dated 08.01.2013. It is in reference to the Division Bench judgment in the case of State of Rajasthan & Ors. v. Firdos Tarannum, reported in 2006(1) RLW 827 . 2. Learned counsel submits that having confirmed in service pursuant to the recruitment, service could not have been terminated without any inquiry under Rule 16 of Rajasthan Civil Services (Classification, Control and Appeal), Rules, 1958. It is moreso when appointment was made after proper scrutiny of the qualification thus impugned order deserves to be set aside. It is apart from the fact that issue regarding qualification granted by Jamia Urdu, Aligarhi has been referred to the Larger Bench by Single Bench. It is in view of conflicting judgments of two Division Bench. In the background aforesaid, dismissal from service due to qualification of Moallim-E Urdu deserves to be set aside. The qualification of Moallim-E Urdu is equivalent to the qualification of BSTC/B.Ed. and otherwise petitioner obtained teachers training in Urdu as would be clear from Annexure-6 i.e. mark-sheet of Moallim-E Urdu. 3. I have considered the submissions made by learned counsel for petitioner and perused the record. 4. It is not disputed by learned counsel for petitioner that for appointment on the post of Teacher, one is required to possess training certificate of education which may be BSTC/B.Ed. 3. I have considered the submissions made by learned counsel for petitioner and perused the record. 4. It is not disputed by learned counsel for petitioner that for appointment on the post of Teacher, one is required to possess training certificate of education which may be BSTC/B.Ed. depending on the post of Teacher Gr. III. If it is for Primary Teacher, required qualification is BSTC, whereas for other category of Teacher Gr.III, B.Ed. The petitioner was not in possession of the qualification of BSTC/B.Ed at the time of appointment but was of Moallim-E Urdu. The qualification aforesaid was taken to be equivalent qualification to the training in education - thus petitioner was given appointment. It was in ignorance of the fact that Jamia Urdu, Aligarh is not an institution haying authority to grant degree under the provisions of law. The issue aforesaid was elaborately discussed by Division Bench in the case of Firdaus Tarnnum (supra). The relevant paras of the said judgment are quoted hereunder for ready reference : "4. The State Government ignored to file reply in the writ petition. The matter was disposed of by the learned Single Judge at the admission stage. The learned single Judge noticed that a Division Bench of this Court, in the matter of DB Civil Special Appeal No. 258/2004, Miss. Altaf Bano v. State of Rajasthan has considered the qualifications of the similarly situated persons as valid. On the basis of the letter of the State Government dated 03.02.1965 qualifications of the petitioner, were considered, to be valid, and therefore, directed the State Government to consider the case of the incumbent as he was possessed of the qualification required by the Education Department. In view of the judgment of the Division Bench of this Court in Miss. Altaf Banos case (supra), the learned Single Judge was of the opinion that the writ petition deserves to be allowed. The learned Single Judge also noticed a decision of this Court in the matter of Tayyab Hussain v. State of Rajasthan, DB Civil Review Petition No. 22/2002 , wherein a Division Bench of this Court, considering the review petition, came to the conclusion that for the appointment of Teacher Grade III, the qualifications of Urdu as granted by Zamiya Urdu, Abgarh as Adib Mahir and Adib Kamil are sufficient qualifications. While holding so, the Division Bench held : "We may also notice that it was not the case of the respondents at any time that recruitment for the post of Teacher Gr. Ill, Adib Mahir/Adib Kamil are not recognised qualification for the purpose of recruitment. 5. The appellant State of Rajasthan, assailing the judgment of the learned Single Judge, contended that since the writ petition was decided at the admission stage, therefore, no reply could be filed and the case of the State Government was not placed before the learned Single Judge in the right perspective. The learned Additional Advocate General has filed an application under Order 41, Rule 27 read with Section 15. CPC, alongwith two orders of State Government contending that the qualifications possessed by the petitioner are the qualifications acquired from Zamiya Urdu, Aligarh. Such qualifications have been held to be not recognised vide State Government order dated 24.04.1993 " jktLFkku ljdkj f'k{kk ( xzqi 3 ) foHkkx dzekad % ,Q0 7 ( 15 ) f'k{kk&3@85 t;iqj] fnukad 24 vizSy] 93 funs'kd izkFkfed ,oa ek/;fed f'k{kk] jktLFkku chdkusjA fo"k; % tkfe;k mnwZ] vyhx<+ }kjk iznRr eqvfYye&,s&mnwZ dks ch0,M0 ds led{k ekU;rk fn;s tkus ckcr0 egksn;] mijksDr lanfHkZr fo"k;kUrZxr funsZ'kkuqlkj bl foHkkx ds i= dzekad ,Q0 7 ( 18 ) f'k[kk&3@80 fnukad 23-11-91 dh izfr layXu dj ys[k gS fd ;g laLFkk fof/k }kjk xfBr fo'ofo|ky;@cksMZ ugha gS] vr% eqvfYye&,s&mnwZ dks ch0,M0 ds led{k ekU;rk iznku ugha dh tk ldrhA layXu % mijksDrkuqlkj Hkonh; g0 ( d0lh0Mh0 ekFkqj ) mi'kklu lfpo " 6. The learned counsel appearing for the State Government further urged that State of Rajasthan has issued a letter on 23.11.1991 in which it has been specified inter alia:- " x`g ea=ky; Hkkjr ljdkj ds i= l[;k 216@4@52&lh,l fnukad 30-9-1952 tks ckn esa muds i= dzekad 6-7-62 laLFkk Mh fnukad 4-7-1952 }kjk la'kksf/kr fd;k x;k Fkk] ds vUrxZr Hkkjr ljdkj us ;g Li"V vkns'k fn;k x;k gS fd mu leLr fo'ofo|ky;ksa dks tks fd dsUnzh; ;k jkT; ljdkj ds vf/kfu;e ds }kjk Lfkkfir fd;s x, gSa ;k fo'ofo|ky; vuqnku vk;ksx ,DV dh /kkjk 3 ( 1956 ) ds }kjk Hkkjr ljdkj }kjk fo'ofo|ky; Lrj ds laLFkku ?kksf"kr fd;s x, gSa, muds }kjk iznRr mikf/k;ksa fu;fer :i ls fu;kstu ds n`f"Vdks.k ls ekU; gksxh] bl izdkj vc fo'ofo|ky; ;k fo'ofo|ky; Lrj dh laLFkkvksa }kjk iznRr mikf/k;ksa ( fMxzh@fMIyksek ) dh ekU;rk ds fy;s jkT; ljdkj }kjk vyx ls dksbZ vkns'k izlkfjr djus dh vko';drk ugha gSA " 7. The learned Counsel contended that in view of the orders of the State of Rajasthan, any qualification which is not acquired from an Institution which is established under the orders of the Central Government, State Government or by the sanction of the University Grants Commission, such qualifications would not be valid qualifications for the purposes of employment. Zamiya Urdu, Aligarh is not an institution as established by and under the orders of the Central Government, State Government or University Grants Commission. Therefore, for the purposes of employment these qualifications cannot be considered to be one which is valid. 9. The Zamiya Urdu, Aligarh being an institution not established by either of these authoritative institutions, the degree cannot be recognised. This aspect was made more clear by the orders of the State Government dated 24.04.1993 which has been produced by the State Government which recites that Zamiya Urdu, Aligarh is not an institution established by the sanction of law, therefore, the Degree or certificate granted by this institution is of no consequence for the purpose of employment. 17. Zamiya Urdu, Aligarh is an Institution which is allegedly parting Urdu Education. The respondent- petitioners have not shown us any sanction of law which had authorised this Institution to function Ss an Institution teaching Urdu and. issuing Certificates and Degrees. The recognition of a Certificate or Degree being a valid qualification for an appointment is that the Institution issuing it should have legal sanction behind it. The respondent- petitioners have not shown us any sanction of law which had authorised this Institution to function Ss an Institution teaching Urdu and. issuing Certificates and Degrees. The recognition of a Certificate or Degree being a valid qualification for an appointment is that the Institution issuing it should have legal sanction behind it. It may be either under the orders of the Central Government, State Government or the University Grants Commission. None of these three authorities have issued any sanction in favour of the Zamiya Urdu, Aligarh. Had it been there, the learned counsel for the petitioner-respondent would have placed it before the Court. 18. The best case of the petitioner-respondent before us is that the qualification was recognised by the State Government to be equivalent as shown in the letter dated 3rd February, 1965, quoted in the writ petition. Firstly, a Division Bench of this Court has not given credence to this Notification because the original Notification had not been placed either before us or before the Division Bench deciding the case of Jalaludin Silawat (supra). In any case, the qualification enumerated in that Notification are antiquated qualifications because now the qualification has undergone a sea change. It cannot be read to be equivalent to the present day qualifications. The State of Rajasthan had issued letters dated 24.4.1993 making it explicit that only those qualifications which are issued by the Institutions, which are the creation of law, can alone be recognised. Apart from this in this Notification dated 24.4.1993 it has been made clear that Zamiya Urdu, Aligarh is not an Institution established by law. Thus, the State of Rajasthan in its Notification dated 23.11.1991 had made it more than obvious that any qualification acquired by taking up examination held by Zamiya Urdu, Aligarh would not be a qualification which would be available for seeking to be appointed. 20. In the light of the matter, it is considered that the petitioner who has acquired Urdu qualifications issued by Zamiya Urdu, Aligarh, possesses a qualification which is not a qualification awarded by an Institution which had a legal sanction behind it, therefore, the same is not available for the purposes of employment in the State of Rajasthan." 5. Perusal of paras quoted above reveals that qualification obtained from Jamia Urdu, Aligarh is not considered to be valid. Perusal of paras quoted above reveals that qualification obtained from Jamia Urdu, Aligarh is not considered to be valid. The case of Firdaus Tarnnum (supra) was decided after discussing the earlier two judgments of Division Bench. In view of the above, question would be as to whether matter needs to be referred to the Larger Bench. In my opinion, when subsequent judgment is after considering earlier two judgments then cannot be referred to the Larger Bench. It cannot be said to be a case of conflicting view. In any case, the issue aforesaid can be looked into even on merits as to whether Jamia Urdu, Aligarh is authorised to grant degree. It is for the reason that no educational institution can provide degrees unless possess required authority under law. For illustration, a University cannot grant degree unless possess required authority as per section 22 of the University Grants Commission Act, 1956 (in short `the Act). Section 22 of the Act is reproduced hereunder for ready reference : "22. Right to confer degrees. (1) The right of conferring or granting degrees shall be exercised only by a University established or incorporated by or under a Central Act, a Provincial Act or a State Act or an institution deemed to be a University under section 3 or an institution specially empowered by an Act of Parliament to confer or grant degrees. (2) Save as provided in sub-section (1), no person or authority shall confer, or grant, or hold himself or itself out as entitled to confer or grant, any degree. (3) For the purposes of this section, "degree" means any such degree as may, with the previous approval of the Central Government, be specified in this behalf by the Commission by notification in the Official Gazette." 6. Perusal of the provision quoted above shows that qualification can be conferred by the University if established under the Central Act etc. It is for that reason only, a college needs affiliation with a University. The University includes not only the Government University but private as well as deemed University. Same is the position regarding school education where affiliation is required from the State Board or by the Central Board of Education with the approval of State Government concerned. This is required for the reason that common examination needs to be conducted at the level of University or Board of Secondary Education. Same is the position regarding school education where affiliation is required from the State Board or by the Central Board of Education with the approval of State Government concerned. This is required for the reason that common examination needs to be conducted at the level of University or Board of Secondary Education. The Jamia Urdu, Aligarh is not affiliated to any Board or with the University. The Moallim-E Urdu is said to be equivalent qualification to the BSTC. The qualification of BSTC/B.Ed. is provided after entrance test conducted by the University and institution needs to be affiliated by the University. The Jamia Urdu, Aligarh is not an institution affiliated to any University and it is not itself a University. The recognition and affiliation are required by every educational institution in view of the judgment of Apex Court in the case of Unni Krishnan v. State of A.P., reported in 1993(1) SCC 645 . The relevant paras of the said judgment are quoted here as under: "We must, however, make it clear, and which is of crucial importance herein, that the right to establish an educational institution does not carry with it the right to recognition or the right to affiliation. In St. Xaviers College Society v. State of Gujarat , it has been held uniformly by all the nine learned Judges that there is no fundamental right to affiliation. Ray, C.J., stated that this has been "the consistent view of this court." They also recognised that recognition or affiliation is essential for a meaningful exercise of the right to establish and administer educational institutions. Recognition may be granted either by the Government or any other authority or body empowered to accord recognition. Similarly, affiliation may be granted either by the University or any other academic or other body empowered to 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 examination and award certificates to them. But he or the educational institution has no right to insist that the. In other words, it is open to a person to establish an educational institution, admit students, impart education, conduct examination and award certificates to them. But he or the educational institution has no right to insist that the. certificates or degree (if they can be called as such) awarded by such institution should be recognised by the State - much less have they the right to say that the students trained by the institution should be admitted to examinations conducted by the University or by the Government or any other authority, as the case may be. The institution has to seek such recognition or affiliation from the appropriate agency. Grant of recognition and/or affiliation is not a matter of course nor is it a formality. Admission to the privileges of a University is a power to be exercised with great care, keeping in view the interest of the general public and the nation, it is a matter of substantial significance the very life-blood of a private educational institution. Ordinarily speaking, no educational institution can run or survive unless it is recognised by the Government or the appropriate authority and/or is affiliated to one or the other Universities in the country. Unless it is recognised and/or affiliated as stated above, its certificates will be of no use. No one would join such educational institution. As a matter of fact, by virtue of the provisions of the U.G.C. Act, noticed hereinabove, no educational institution in this country except a University is entitled to award degrees. It is for this reason that all the private educational institutions seek recognition and/or affiliation with a view to enable them to send the students trained by them to appear at the examinations conducted by the Government/University. The idea is that if such students pass the said examination, the Government/University will award its degree/diploma/certificate to them. These educational institutions follow the syllabus prescribed by the Government/University, have the same courses of study, follow the same method of teaching and training. They do not award their own degrees/qualifications. They prepare their students for University / Government examinations, request the University/Government to permit them to appear at the examinations conducted by them and to award the appropriate degrees to them. Clearly and undubitably, the recognised / affiliated private educational institutions, supplement the function performed by the institutions of the State. They do not award their own degrees/qualifications. They prepare their students for University / Government examinations, request the University/Government to permit them to appear at the examinations conducted by them and to award the appropriate degrees to them. Clearly and undubitably, the recognised / affiliated private educational institutions, supplement the function performed by the institutions of the State. Theirs is not an independent activity but one closely allied to and supplemental to the activity of the State. In the above circumstances, it is idle to contend that imparting of education is a business like any other business or that it is an activity akin to any other activity like building of roads, bridges etc. In short the position is this. No educational institution except an University can award degrees (Sections 22 and 23 of the U.G.C. Act). The private educational institutions cannot award their own degrees. Even if they award any certificates or other testimonials they have no practical value inasmuch as they are not good for obtaining any employment under the State or for admission into higher courses of study. The private educational institutions merely supplement the effort of the State in educating the people, as explained above. It is not an independent activity. It is an activity supplemental to the principal activity carried on by the State. No private education institution can survive or subsist without recognition and/or affiliation. The bodies which grant recognition and/or affiliation are the authorities of the State. In such a situation, it is obligatory in the interest of general public upon the authority granting recognition or affiliation to insist upon such conditions as are appropriate to ensure not only education of requisite standard but also fairness and equal treatment in the matter of admission of students. Since the recognising/affiliating authority is the `State it is under an obligation to impose such conditions as part of its duty enjoined upon it by Article 14 of the Constitution. It cannot allow itself or its power and privilege to be used unfairly. The incidents attaching to the main activity attach to supplemental activity as well. Affiliation/recognition is not there for anybody to get it gratis or unconditionally. In our opinion, no Government, authority or University is justified or is entitled to grant recognition/affiliation without imposing such conditions. It cannot allow itself or its power and privilege to be used unfairly. The incidents attaching to the main activity attach to supplemental activity as well. Affiliation/recognition is not there for anybody to get it gratis or unconditionally. In our opinion, no Government, authority or University is justified or is entitled to grant recognition/affiliation without imposing such conditions. Doing so would amount to abdicating its obligations enjoined upon it by Part III; its activity is bound to be characterised as unconstitutional and illegal. To reiterate, what applies to the man activity applies equally to supplemental activity. The State cannot Claim immunity fro the obligations arising from Articles 14 and 15. If so, it cannot confer such immunity upon its affiliates. Accordingly, we have evolved with the help of the counsel appearing before us and keeping in view the positive features of the several Central and State enactments referred to hereinbefore the following scheme which every authority granting recognition/affiliation shall impose upon the institutions seeking such recognition/affiliation. The scheme evolved herewith is in the nature of guidelines which the 1 appropriate Governments and recognising and affiliating authorities shall impose and implement in addition to such other conditions and stipulations as they may think appropriate as conditions for grant of permission, grant of recognition or grant of affiliation, as the case may be. We are confining the scheme - for the present - only to `professional colleges. The expression `professional colleges in this scheme includes : (i) Medical colleges, dental colleges and other institutions and colleges imparting Nursing, Pharmacy and other courses allied to Medicine, 1 established and/or run by private education institutions. (ii) Colleges of engineering and colleges and institutions imparting technical education including electronics, computer sciences, established and/or run by private educational institutions, and (iii) such other colleges to which this scheme is made applicable by the 1 Government, recognising and/or affiliating authority." The expression `appropriate authority means the Government, University or other authority as is competent to grant permission to establish or to grant recognition to a professional college. The expression `competent authority in this scheme means the 5 Government / University or other authority, as may be designated by the Government/University or by law, as is competent to allot students for admission to various professional colleges in the given State. The expression `competent authority in this scheme means the 5 Government / University or other authority, as may be designated by the Government/University or by law, as is competent to allot students for admission to various professional colleges in the given State. It is made clear that only those institutions which seek permission to establish and/or recognition and/or affiliation from the appropriate : authority shall alone be made bound by this scheme. This scheme is not applicable to colleges run by Government or to University colleges. In short, the scheme hereinafter mentioned shall be made a condition of permission, recognition or affiliation, as the case may be. For each of them viz., grant of permission, grant of recognition, grant of affiliation, : these conditions shall necessarily be imposed, in addition to such other conditions as the appropriate authority may think appropriate. No private educational institution shall be allowed to send its students to appear for an examination held by any Government or other body constituted by it or under any law or to any examination held by any University unless the concerned institution and the relevant course of study is recognised by the appropriate authority and/or is affiliated to the appropriate University, as the case may be. (1) A professional college shall be permitted to be established and/or administered only by a Society registered under the Societies Registration Act, 1860 (or the corresponding Act, if any, in force in a given State), or by a Public Trust, religious or charitable, registered under the Trusts Act, Wakfs Act (or the corresponding legislation, if any, e.g., Tamil Nadu Religious and Charitable Endowments Act and A.P. Religious and Charitable Endowments Act). No individual, firm, company or other body of individuals, by whatever appellation called except those mentioned above will be permitted to establish and/or administer a professional college. All the existing professional colleges which do not conform to the above norm shall be directed to take appropriate steps to comply with the same within a period of six months from today. In default whereof, recognition/affiliation accorded shall stand withdrawn. (In this connection reference may be had to Rule 86(2) of Maharashtra Grant-in-aid code (referred to in State of Maharashtra v. Lok Shikshan Sanstha, [1971] Suppl. S.C.R. 879 which provided that schools which are not registered under the Societies Registration Act, shall not be eligible for grant. In default whereof, recognition/affiliation accorded shall stand withdrawn. (In this connection reference may be had to Rule 86(2) of Maharashtra Grant-in-aid code (referred to in State of Maharashtra v. Lok Shikshan Sanstha, [1971] Suppl. S.C.R. 879 which provided that schools which are not registered under the Societies Registration Act, shall not be eligible for grant. Grant of recognition and affiliation is no less significance). (2) Atleast, 50% of the seats in every professional college shall be filled by the nominees of the Government or University, as the case may be, hereinafter referred to as `free seats. These students shall be selected on the basis of merit determined on the basis of a common entrance examination where it is held or in the absence of an entrance examination, by such criteria as may be determined by the competent authority or the appropriate to authority, as the case may be. It is, however, desirable and appropriate have a common entrance exam for regulating admissions to these colleges/institutions, as is done in the State of Andhra Pradesh. The remaining 50% seats (payment seats) shaft be filled by those candidates who are prepared to pay the fee prescribed therefor and who have complied with the instructions regarding deposit and furnishing of cash security/Bank guarantee for the balance of the amount. The allotment of students against payment seats shall also be done on the basis of inter se merit determined on the same basis as in the case of free seats. There shall be no quota reserved for the management or for any family, caste or community which may have established such college. The criteria of eligibility and all other conditions shall be the same in respect of both free seats and payment seats. The only distinction shall be the requirement of higher fee by the `payment students. The Management of a professional college shall not be entitled to impose or prescribe any other and further eligibility - criteria or condition for admission either to free seats or to payment seats. It shall, however, be open to a professional college to provide for reservation of seats for constitutionally permissible classes with the approval of the affiliating University. Such reservations, if any, shall be made and notified to the competent authority and the appropriate authority atleast one month prior to the issuance of notification @ for applications for admission to such category of colleges. Such reservations, if any, shall be made and notified to the competent authority and the appropriate authority atleast one month prior to the issuance of notification @ for applications for admission to such category of colleges. In such a case, the competent authority shall allot students keeping in view the reservations provided by a college, the rule of merit shall be followed even in such reserved categories. (3) The number of seats available in the professional colleges (to which this scheme is made applicable) shall be fixed by the appropriate authority. No professional college shall be permitted to increase its strength except under the permission or authority granted by the appropriate authority. (4) No professional college shall call for applications for admission separately or individually. AD the applications for admission to all the seats available in such colleges shall be called for by the competent authority alone, along with applications for admission to Government/University colleges of nature. For example, there shall be only one notification by the competent authority calling for applications for all the medical colleges in the State - and one notification for all the engineering colleges in the State and so on. The application forms for admission shall be issued by the competent authority (from such offices, centres and places as he may direct). The application form shall contain a column or a separate part wherein an applicant can indicate whether he wishes to be admitted against a payment seat and the order of preference, up to three professional colleges. (5) Each professional college shall intimate the competent authority, the State Government and the concerned University in advance the fees chargeable for the entire course commencing that academic year. The total fees shall be divided into the number of years/semesters of study in that course. In the first instance, fees only for the first year/semester shall be collected. The payment students will be, however, required to furnish either cash security or bank guarantee for the fees payable for the remaining years/semesters. The fees chargeable, in each professional colleges shall be subject to the ceiling prescribed by the appropriate authority or by a competent Court. In the first instance, fees only for the first year/semester shall be collected. The payment students will be, however, required to furnish either cash security or bank guarantee for the fees payable for the remaining years/semesters. The fees chargeable, in each professional colleges shall be subject to the ceiling prescribed by the appropriate authority or by a competent Court. The competent authority shall issue `a brochure, on payment of appropriate charges, along with the application form for admission, giving full particulars of the courses and the number of seats available, the names of the colleges their location and also the fees chargeable by each professional college. The brochure win also specify the minimum eligibility conditions, the method of admission (whether by entrance test or otherwise) and other relevant particulars. (6) (a) Every State Government shall forthwith constitute a Committee to fix the ceiling on the fees chargeable by a professional college or class of professional colleges, as the case may be. The Committee shall consist of a Vice-Chancellor, Secretary for Education (or such Joint Secretary, as he may nominate) and Director, Medical Education/Director Technical Education. The committee shall make such enquiry as it thinks appropriate. It shall however, give opportunity to the professional colleges (or their association(s), if any) to place such material, as they think fit. It shall, however, not be bound to give any personal hearing to anyone or follow any technical rules of law. The Committee shall fix the fee once every three years or at such longer intervals, as it may think appropriate. (b) It would be appropriate if the U.G.C. frames regulations under Section 12-A(3) of the U.G.C. Act, regulating the fees which the affiliated colleges, operating on no-grant-in-aid basis, ae entitled to charge. The Council for Technical Education may also consider the advisability of issuing directions under Section 10 of the A.I.C.T.E. Act regulating the fees that may be charged in private unaided educational institutions imparting technical education. The Council for Technical Education may also consider the advisability of issuing directions under Section 10 of the A.I.C.T.E. Act regulating the fees that may be charged in private unaided educational institutions imparting technical education. The Indian Medical Council and Central Government may also consider the advisability of such regulation as a condition for grant of permission to new medical colleges under Section 10-A and to impose such a condition on existing colleges under Section 10-C. (c) The several authorities mentioned in sub- paras (a) and (b) shall decide whether a private educational institution is entitled to charge only that fee as is required to run the college or whether the capital cost involved in establishing a college can also be passed on to the students and if so, in what manner. Keeping in view the need, the interest of general public and of the nation, a policy decision may be taken. It would be more appropriate if the Central Government and these several authorities (U.G.C., I.M.C. and A.I.C.T.E.) coordinate their efforts and evolve a broadly uniform criteria in this behalf. Until the Central Government, U.G.C., I.M.C. and A.I.C.T.E. issue orders/regulations in this behalf, the committee referred to in the sub-para (a) of this para shall be operative. In other words, the working and orders of the committee shall be subject to the orders/regulations, issued by Central Government, U.G.C., I.M.C. or A.I.C.T.E., as the case may be. (d) We must hasten to add that what we have said in this clause is merely a reiteration of the duty nay, obligation placed up on the Governments of Andhra Pradesh, Maharashtra, Karnataka and Tamil Nadu by their respective legislatures to wit, Section 7 of Andhra Pradesh Act 5 of 1983, Section 4 of Maharashtra Act 6 of 1988, Section 5 of Karnataka Act of 1984 and Section 4 of Tamil Nadu Act 57 of 1992. Other States too may have to have similar provisions, carrying statutory force. (7) Any candidate who fulfills the eligibility conditions would be entitled to apply for admission. After the free seats in professional colleges are filled up, atleast 10 days time will be given to the candidates (students) to opt to be admitted against payment seats. The candidates shall be entitled to indicate their choice tor any three colleges (if available). (7) Any candidate who fulfills the eligibility conditions would be entitled to apply for admission. After the free seats in professional colleges are filled up, atleast 10 days time will be given to the candidates (students) to opt to be admitted against payment seats. The candidates shall be entitled to indicate their choice tor any three colleges (if available). In such a case, he shall comply with the deposit and cash security/Bank guarantee taking the institution charging the highest fees as the basis within the said period of ten days. If he is admitted in an institution, charging less fee, the difference amount shall be refunded to him. (The cash security or Bank guarantee shall be in favour of the competent authority, who shall transfer the same in favour of the appropriate college if that student is admitted). (8) The results of the entrance examination, if any, held should be published atleast in two leading newspapers, one in English and the other in vernacular. The payment candidates shall be allotted to different professional colleges on the basis of merit-cum-choice. The allotment shall be made by the competent authority. A professional college shall be bound to admit the students so allotted. The casual vacancies or unfilled vacancies, if any, shall also be filled in the same manner. The management of a professional college shall not be permitted to admit any student other than the one allotted by the competent authority whether against free seat or payment seat, as the case may be. It is made clear that even in the matter of reserved categories, if any, the principle of inter se merit shall be followed. All allotments made shall be published in two leading newspapers as aforesaid and on the notice boards of the respective colleges and at such other places as the competent authority may direct, along with the marks obtained by each candidates in the relevant entrance test or qualifying examination, as the case may be. No professional college shall be entitled to ask for any other or further payment or amount, under whatever name it may be called, from any student allotted to it - whether against the free seat or payment seat. (9) After making the allotments, the competent authority shall also prepare and publish a waiting list of the candidates along with the marks obtained by them in the relevant test/examination. (9) After making the allotments, the competent authority shall also prepare and publish a waiting list of the candidates along with the marks obtained by them in the relevant test/examination. The said list shall be followed for filling up any casual vacancies or `drop-out vacancies arising after the admissions are finalised..These vacancies shall be filled until such date as may be prescribed by the competent authority. Any vacancies still remaining after such date can be filled by the Management. For the above reasons the Writ Petitions and Civil Appeals except W.P. (C) No. 855 of 1992, C.A. No. 3573 of 1992 and the Civil Appeals arising from SLPs Nos. 13913 and 13940 of 1992 are disposed of in the following terms : 1. The citizens of this country have a fundamental right to education. The said right flows from Article 21. This right is, however, not an absolute right. Its content and parameters have to be determined in the light of Articles 45 and 41. In other words every child/citizen of this country has a right to free education until he completes the age of fourteen years. Thereafter his right to education is subject to the limits of economic capacity and development of the State. 2. The obligations created by Articles 41, 45 and 46 of the constitution can be discharged by the State either by establishing institutions of its own or by aiding, recognising and/or granting affiliation to private educational institutions. Where aid is not granted to private educational institutions and merely recognition or affiliation is granted it may not be insisted that the private education institution shall charge only that fee as is charged for similar courses in Governmental institutions. The private educational institutions have to and are entitled to charge a higher fee, not exceeding the ceiling fixed in that behalf. The admission of students and the charging of fee in these private educational institutions shall be governed by the scheme evolved herein set out in Part III of this Judgment. 3. A citizen of this country may have a right to establish an educational institution but no citizen, person or institution has a right much less a fundamental right, to affiliation or recognition, or to grant-in-aid from the State. 3. A citizen of this country may have a right to establish an educational institution but no citizen, person or institution has a right much less a fundamental right, to affiliation or recognition, or to grant-in-aid from the State. The recognition and/or affiliation shall be given by the State subject only to the conditions set out in, and only accordance with the scheme contained in Part III of this Judgment. No Government/university or authority shall be competent to grant recognition or affiliation except in accordance with the said scheme. The said scheme shall constitute a condition of such recognition or affiliation, as the case may be, in addition to such other conditions and terms which such Government, University or other authority may choose to impose. Those receiving aid shall however, be subject to all such terms and conditions, as the aid giving authority may impose in the interest of general public. 4. Section 3-A of the Andhra Pradesh Educational Institutions (Regulation of Admission and Prohibition of Capitation Fee) Act, 1983 is violative of the equality Clause enshrined in Article 14 and is accordingly declared void. The declaration of the Andhra Pradesh High Court in this behalf is affirmed. 5. Writ Petition No. 855 of 1992 is dismissed. Civil Appeal No. 3573 of 1992 is allowed and the impugned order is set aside. The main Writ Petition wherein the said interim order has been passed may now be disposed of according to law. 6. Civil Appeals arising from SLP Nos. 13913 and 13940 of 1992 (preferred by students who were admitted by private unaided engineering colleges in Andhra Pradesh, without an allotment from the convenor of the common entrance examination) are allowed. The students so admitted for the academic year 1992-93 be allowed to continue in the said course but the management shall comply with the directions given in para 223 hereinabove." 7. Perusal of paras quoted above reveals that establishment of an educational institution does not carry right of recognition or affiliation in reference to the judgment of nine Judges Bench of Honble Apex Court in the case of Ahmedabad St. Xaviers College Society v. State of Gujarat . It was held that recognition and affiliation are essential to establish and administer educational institutions. The recognition can be granted either by the Government or any other body or authority or body empowered for that purposes. Xaviers College Society v. State of Gujarat . It was held that recognition and affiliation are essential to establish and administer educational institutions. The recognition can be granted either by the Government or any other body or authority or body empowered for that purposes. It is further held that affiliation may be granted either by the University or any other academic or other body empowered. As per Article 41, 42 & 46 of the Constitution, obligation for establishment of institution can be discharged by the State at its own or by adding, recognising and/or affiliating private institution. The judgment aforesaid support answer given by Division Bench in the case of Firdaus Tarnnum (supra). The Jamia Urdu, Aligarh is a minority educational institution but even then it needs affiliation/recognition from the competent authorities, which may be State or University/Board etc. Unless affiliation or recognition exist, it cannot grant degrees and if it is granted then remain of no use. It is more specifically when the admission in BSTC/B.Ed. course is through entrance examination conducted by the University and colleges needs affiliation from the University to impart aforesaid course, which does not exist in favour of Jamia Urdu, Aligarh. It is moreso when Xt. Xaviers College Society was also controlled by minority institution and judgment in their case was given by nine Judges Bench of Honble Apex Court and otherwise complete answer to the issue exists in the case of Unni Krishnan (supra). 8. The facts of this case show that petitioner was appointed presuming qualification of Moallim-E Urdu equivalent to BSTC/B.Ed., though the said qualification is not even by institution authorised to grant degree. The petitioner was thus rightly given show cause notice before affecting order of termination. The plea of inquiry under Rule 16 of CCA Rules is hollow because petitioner has not been dismissed based on misconduct, but for want of required qualification. An ineligible candidate cannot be continued by perpetuating illegality. In totality of facts, I do not find any illegality in the impugned order. 9. Accordingly, writ petition so as stay application are dismissed.Writ Petition Dismissed. *******