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Time of India
a day ago
- Politics
- Time of India
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 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. Follow more information on Air India plane crash in Ahmedabad here . Get real-time live updates on rescue operations and check full list of passengers onboard AI 171 .
Time of India
2 days ago
- Politics
- Time of India
Bombay HC challenges inclusion of minority colleges in reservation order, cites Article 30 protections
MUMBAI: The Bombay High Court on Wednesday questioned the rationale behind a Maharashtra government resolution (GR) directing minority educational institutions to process first-year junior college admissions by implementing Constitutional and social reservations. A bench of Justices M S Karnik and N R Borkar asked the government pleader Neha Bhide to seek instructions on whether the government was willing to issue a corrigendum or withdraw the clause in the GR issued on May 6. "Why did you (government) bring in the minority institutes in the (ambit of) the GR? Withdraw the minority institutes from this. Every time you do not need an order from the court. Withdrawing or issuing a corrigendum is not difficult," the bench told government pleader Neha Bhide and asked her to seek instructions. It may be a bonafide mistake by the government for which a corrigendum can be issued, the bench said and posted the matter for further hearing on Thursday. The GR directing the implementation of SC, ST, and OBC quotas for admissions to first-year junior colleges governed by minority trusts was challenged on the ground that such institutions, both aided or unaided, are excluded from applying such reservations for socially and educationally backward classes under Article 15(5) of the Constitution. The petitions claimed that under Article 30 (1), minority institutions can establish and administer educational institutions. The petitioners claimed a similar GR was issued in 2019 too, but it was withdrawn after it was challenged in court. Is your child ready for the careers of tomorrow? Enroll now and take advantage of our early bird offer! Spaces are limited.
