HC stays new rule for FYJC quotas in minority colleges
Mumbai: Bombay HC Thursday stayed a clause in the May 6 GR that introduced reservations for SC/ST/OBC/SEBC for FYJC admissions in minority institutions in the state.
"Till further orders, we direct that insofar as minority institutions are concerned for admissions to FYJC, the mandate of social reservation shall not be made applicable… Consequent steps may be taken by state govt," said Justices Makarand Karnik & Nitin Borkar.
They directed the govt to file its reply in 4 weeks and posted the hearing for Aug 6.
On Wednesday, the judges had asked state to consider withdrawing the clause and issue a corrigendum. Clause 11 of the GR mentions that social and parallel reservations will apply to vacancies after filling minority seats in minority institutions.
However, as govt pleader Neha Bhide said Thursday there are no instructions to withdraw the clause, the HC heard the matter on merits for grant of interim reliefs.
The judges heard two petitions challenging the contentious clause of the GR by which govt brought minority institutions under the purview of social reservations. The first petition was filed by Solapur's Shri APD Jain Pathashala, a trust that runs Walchand College of Arts and Science and Hirachand Nemchand College of Commerce. The second was a joint petition by south Mumbai colleges, including St Xavier's, KC, HR, Jai Hind and Maharashtra College, along with Maharashtra Association of Minority Educational Institutions.
Senior advocate Milind Sathe, for the Mumbai colleges, and advocate S C Naidu, for the Solapur colleges, relied on Articles 15 (5) and 30 of the Constitution emphasising on the right of minorities to establish and administer educational institutes. They also brought to HC's notice clause 18.9 of the GR that makes social reservations generally applicable to FYJC admissions in all colleges. They cited decisions — including HC's 2017 verdict in the St Xavier's College case — that minority educational institutions, both aided and unaided, are exempt from backward class reservations.
In July 2018, Supreme Court upheld the HC verdict.
"We are saying, insofar as minority institutions in all seats, there is no reservation...Reservation cannot be imposed by govt," argued Sathe. Govt pleader Neha Bhide countered that the May 6 GR does not interfere with the rights of minority institutions; they have the right to fill 50% of their seats. It is only when seats remain unfilled and have been surrendered, that the policy is being made applicable to these seats, she said, adding: "Social reservation is an obligation put on state for filling up seats.
"
The judges "prima facie" found substance in the submissions of the petitioners' advocates' and granted interim relief.
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