HC to state: Justify SC/ST/OBC quotas in minority institutions
Mumbai: Bombay high court on Tuesday questioned state govt on what basis had it issued the govt resolution (GR) including SC, ST and OBC reservations for FYJC admission in minority institutions in the state.
"Justify your stand," said Justices Makarand Karnik and Nitin Borkar and posted the hearing on Wednesday.
They heard a petition by Solapur's APD Jain Pathashala, a trust that runs Walchand College of Arts and Science and Hirachand Nemchand College of Commerce, filed through advocate Sandeep Waghmare, challenging the May 6 GR issued by the school education and sports department applying constitutional/social reservations in minority education institutes.
Even as HC began hearing this case, colleges such as St Xavier's, Jai Hind, HR, KC and Maharashtra College that filed a joint petition with the Maharashtra Association of Minority Educational Institution against the GR, sought a hearing too. All matters will be heard on Wednesday.
Advocate S C Naidu, for the Solapur colleges, argued that Article 15 (5) of the Indian Constitution excludes minority educational institutions, aided or unaided, from applicability of reservations for socially and educationally backward classes.
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He said that under Article 30 (1) (Right of minorities to establish and administer educational institutions), the right of admission is exclusively with the management of the minority institution.
Naidu also questioned the timing of implementation of the reservations. "This they do at the last minute," he said, adding that it disturbs the admission procedure. Naidu said an identical GR was issued on March 7, 2019, by state govt and was "simply" withdrawn after petitions were filed in HC.
"They are playing not only with colleges, but also with students ...Students have to go through stress for studies, for exams and now this stress of uncertainty in admission," Naidu added.
The judges then asked the state's advocate to take instruction and inform. Naidu said the finalisation of the merit list is scheduled for Wednesday. The judges then directed that it will be subject to the outcome of the petition.
The petition, filed by Maharashtra Association of Minority Institutions and Mumbai colleges, through advocate Manorama Mohanty, said being minority educational institutions, they are governed by an indefeasible right guaranteed under Article 30 to establish, administer and manage educational institutions of their own choice.
Further, this right has been acknowledged and reiterated in a series of judgments of Supreme Court as well as Bombay HC "which have consistently held that the minority educational institutions are not subject to any social reservations".
The petitioners urged HC to quash and set aside the contentious portion of the May 6 GR and to stay it pending hearing. They also sought directions to state govt to update/rectify the in-house and management quotas and to follow the seat distribution matrix used in 2024-25 academic year.
This year, the seat distribution matrix has reduced the management and in-house quota share to half.
Mumbai: Bombay high court on Tuesday questioned state govt on what basis had it issued the govt resolution (GR) including SC, ST and OBC reservations for FYJC admission in minority institutions in the state. "Justify your stand," said Justices Makarand Karnik and Nitin Borkar and posted the hearing on Wednesday.
They heard a petition by Solapur's APD Jain Pathashala, a trust that runs Walchand College of Arts and Science and Hirachand Nemchand College of Commerce, filed through advocate Sandeep Waghmare, challenging the May 6 GR issued by the school education and sports department applying constitutional/social reservations in minority education institutes.
Even as HC began hearing this case, colleges such as St Xavier's, Jai Hind, HR, KC and Maharashtra College that filed a joint petition with the Maharashtra Association of Minority Educational Institution against the GR, sought a hearing too. All matters will be heard on Wednesday.
Advocate S C Naidu, for the Solapur colleges, argued that Article 15 (5) of the Indian Constitution excludes minority educational institutions, aided or unaided, from applicability of reservations for socially and educationally backward classes.
He said that under Article 30 (1) (Right of minorities to establish and administer educational institutions), the right of admission is exclusively with the management of the minority institution.
Naidu also questioned the timing of implementation of the reservations. "This they do at the last minute," he said, adding that it disturbs the admission procedure. Naidu said an identical GR was issued on March 7, 2019, by state govt and was "simply" withdrawn after petitions were filed in HC.
"They are playing not only with colleges, but also with students ...Students have to go through stress for studies, for exams and now this stress of uncertainty in admission," Naidu added.
The judges then asked the state's advocate to take instruction and inform. Naidu said the finalisation of the merit list is scheduled for Wednesday. The judges then directed that it will be subject to the outcome of the petition.
The petition, filed by Maharashtra Association of Minority Institutions and Mumbai colleges, through advocate Manorama Mohanty, said being minority educational institutions, they are governed by an indefeasible right guaranteed under Article 30 to establish, administer and manage educational institutions of their own choice.
Further, this right has been acknowledged and reiterated in a series of judgments of Supreme Court as well as Bombay HC "which have consistently held that the minority educational institutions are not subject to any social reservations".
The petitioners urged HC to quash and set aside the contentious portion of the May 6 GR and to stay it pending hearing. They also sought directions to state govt to update/rectify the in-house and management quotas and to follow the seat distribution matrix used in 2024-25 academic year. This year, the seat distribution matrix has reduced the management and in-house quota share to half.
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