CJI : your argument if stretched will apply to every institution, that unless there is an enabling provision you cannot set up any educational institution in India, cant even set up a primary school... the article 30 right is contingent on an enabling provision of the legislation recognising that right in the statutory term... problem about your argument is that once you say that the right under article 30 is contingent upon an enabling legal framework that will apply to every right or matter of choice

AG: but then to say that because it will apply to every citizen then how do we locate the importance of article 30 then we need to debar from the regular framework and say we have something special for article 30, my answer is NO, therefore any class of educational institution you will have a legal competent

CJI : and does it make any difference if the institution is set up by other under a statute?

AG: there are some states which have called universities legislation eg. Karnataka; therefore the competence part of either the legislature intervenes, or the law intervenes and gives competence