Decision By Justice A. K. GOYAL & AJAY LAMBA on Petition of SAHIL MITTEL
Chandigarh, December 18, 2007
The Punjab and Haryana High Court on Monday ruled that Sikhs were not a minority community in seeking admission to Sikh education institutions run by the Shiromani Gurdwara Parbandhak Committee in Punjab.
The court set aside the Punjab notifications declaring SGPC-run Sikh institutions as minority institutions, permitting them to reserve 50 per cent seats for members of the Sikh community.
The bench gave the judgment while allowing the petition of Barnala student Sahil Mittal, who was denied admission after having been rejected in the counselling as a fallout of these notifications.
It observed there was no material or even a grievance that as a group the Sikhs apprehended deprivation of their religious, cultural or educational rights in Punjab from any other community which may be in majority and which may gain political power.
“We declare Sikh institutions run by SGPC 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 or otherwise to be void,” the bench observed.
The court also directed that all consequential action would not affect the admissions already given prior to the date of this judgment.
The Punjab and Haryana High Court on Monday ruled that Sikhs were not a minority community in seeking admission to Sikh education institutions run by the Shiromani Gurdwara Parbandhak Committee in Punjab.
The court set aside the Punjab notifications declaring SGPC-run Sikh institutions as minority institutions, permitting them to reserve 50 per cent seats for members of the Sikh community.
The bench gave the judgment while allowing the petition of Barnala student Sahil Mittal, who was denied admission after having been rejected in the counselling as a fallout of these notifications.
It observed there was no material or even a grievance that as a group the Sikhs apprehended deprivation of their religious, cultural or educational rights in Punjab from any other community which may be in majority and which may gain political power.
“We declare Sikh institutions run by SGPC 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 or otherwise to be void,” the bench observed.
The court also directed that all consequential action would not affect the admissions already given prior to the date of this judgment.
Source: HindustanTimes.Com
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