Reservation policy choice, not right: HC turns down OBC quota plea in Patiala law admissions
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Chandigarh: The Punjab and Haryana high court has categorically held that it cannot issue directions to enforce reservation for other backward classes (OBC) in admissions to a law course offered by a Patiala-based university in Punjab, as the constitutional provision governing such reservation is merely enabling in nature.
The court emphasised that Article 15(4) of the Constitution did not impose a mandatory obligation on the state or educational institutions to give reservation. Rather, it confers a discretionary power to make special provisions for the advancement of socially and educationally backward classes.
The court also clarified that a university which is not classified as a central educational institution under the Central Educational Institutions (Reservation in Admission) Act, 2006, cannot be legally required to provide a specific percentage of reservation for other backward classes (OBCs).
A division bench comprising Chief Justice Sheel Nagu and Justice Sanjiv Berry passed these orders recently while dismissing a plea filed by a female candidate belonging to the BC. The petitioner, being a Jat Sikh (except in Bharatpur and Dhaulpur districts) community, Rajasthan, which is recognised as a backward class under the Govt of India, was aggrieved by the fact that no reservation for BC is provided in admissions at Rajiv Gandhi National University of Law (RGNUL), Patiala, Punjab.
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RGNUL Patiala is constituted under the Rajiv Gandhi National University of Law Punjab Act, 2006.
It was contended that other national law universities have provisions for reserving 27% of seats for the OBC category. The RGNUL, by not providing any reservation for OBCs, acted unconstitutionally, her counsel contended.
After hearing all parties, the bench observed that the petitioner could not point out any statutory provision mandating a particular quantum of reservation in admissions to courses imparted in RGNUL Patiala.
On the petitioner's reliance upon The Central Educational Institutions (Reservation in Admission) Act, 2006, where, as per Section 3, the extent of reservation for OBCs is 27%, the bench held that the said Act of 2006 applies only to the central educational institutions, which is evident from the introductory part of the said act.
"More so, RGNUL Patiala, not being a central educational institute under The Central Educational Institutions (Reservation in Admission) Act, 2006, cannot be compelled to provide for a particular quantum of reservation as regards OBCs," the HC held while dismissing the plea.
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