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Cancellation of reserved seats of minority educational institutions in the Backward Classes

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14 July :- The Supreme Court today rejected the Maharashtra government’s plea to uphold the Bombay High Court’s order that minority-level educational institutions can not hold reserved seats for the Backward Classes. Thus, for the last several years, the path of admission to the first year degree course in the affiliated colleges affiliated to the University of Mumbai has been opened. However, there is a possibility that a strong political decision may arise, due to the absence of reservations for backward classes in minority colleges across the state.

The order was issued by the University of Mumbai, in 2001, that the reserved quota for the Backward Classes should be kept in minority-educated educational institutions. In the year 1997, the resolution of the state government’s resolution was taken for this circular. According to this resolution, there was a provision for reservation for Backward Classes (SBCs) in every educational institute. On the basis of these two provisions, the state government had asked minority-level educational institutions to keep the backward quota. However, it was challenged in the High Court by St. Xavier and other minority-level educational institutions. Eight months ago, the High Court quashed the order of the 2001 Mumbai University circular. The state government had challenged this verdict in the Supreme Court. The Supreme Court’s verdict on Friday Joseph Kurien and Justice After the court’s verdict in Kaul’s case, more than twenty-five minutes were dismissed after the argument of Solicitor General S Narim Nadkarni.

In 2006, the reforms in section 15 (4) and 15 (5) could not be enacted for reservation of reserved seats in minority-level educational institutions. Nadkarni argued that it should be re-considered by the state government. According to 15 (4), the government has made provision for the reservation of seats for social and educational development of backward classes. However, according to 15 (5), the policy for reserved seats can not be implemented in minority institutions. These organizations have been given the right to run the organizations under their own right. On this issue, Nadkarni argued that Section 15 (4) and 15 (5) should be considered together. The Bombay University or the State Government’s order is for the development of the backward class, and hence there is no barrier to the interest of minority communities in minority-educated educational institutions. Nadkarni said that the issue should be considered in accordance with the law. The Supreme Court rejected the state government’s plea saying that there is no need to rethink it as the High Court has not ordered the reservation of reserved seats in minority-based educational institutions.

Begin the entry process

Due to challenging the High Court judgment, the state government had temporarily suspended the Mumbai University admission process. After the court hearing, the university has decided to start the admission process for colleges. Accordingly, the second quality list will be announced on July 14. The third and final quality list will be on July 18.

Various student organizations in the state have urged constitutional amendments to maintain reservation in minority institutions. In that case, it is necessary to amend section 15 (5) of the Constitution. Organizations are continuing their efforts to meet union human resources ministers on July 17 with the help of NCP leader Sharad Pawar.

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