Educational institutions run by religious, linguistic minorities need not provide reservation for SCs, STs and OBCs: Madras High Court

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CategoryPolity

Last Updated04/10/2023

The Madras High Court recently ruled that educational institutions run by religious and linguistic minorities need not follow the rule of reservation with respect to the SC, ST and OBC students.
It has also held that the government cannot compel such institutions to provide reservation to such candidates.

The court ruled the State government would not have any right to restrict the minority status of an institution to a particular period.
Once minority status is granted to an institution, it will persist, until the National Commission for Minority Educational Institutions (NCMEI) cancels it for valid reasons.
It upheld the government’s right to stipulate that minority institutions can admit students from the respective religious and linguistic minorities up to 50% of the sanctioned intake based on merit.
They clarified that students admitted on merit should not be counted within the first 50% of admissions allocated for minorities.

The judges found support in Article 15(5) of the Constitution, introduced through the 93rd amendment in 2005.
It specifically excludes minority institutions from the State Government’s authority to provide special provisions for reservations.
The Section 2(d) of the Act also excludes minority institutions established under Article 30(1) of the Constitution from its definition of ‘private educational institution.’
Thus, the State cannot impose reservation provisions on minority educational institutions.