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Reservation in Minority Institutions

  • Context (TH): Madras HC ruled that:
    • SC/ST/OBC reservation does not apply to minority educational institutions (religious and linguistic minorities institutions).
    • The govt cannot compel such institutions to provide reservations to SC/ST/OBC candidates.
    • Intake of minority students cannot exceed 50%.

Reservation in Minority Institutions: Constitutional Provisions

  • Under Article 15(5) of IC, the state can make provisions related to admission in educational institutions for socially and educationally backward classes, SCs, and STs.
  • Minority Institutions are excluded from Article 15(5).

Article 30 (1) of IC

  • All minorities, whether based on religion or language, have the right to establish and administer educational institutions of their choice.

Six centrally notified minority communities

  • Muslims, Sikhs, Christians, Buddhists, Jains, and Zoroastrians (Parsis) have been notified as minority communities under the National Commission for Minorities Act of 1992.

Reservation in educational institutions

  • The government has provided the reservations for SCs and STs:
    • 15% reservation in jobs/higher educational institutions is given to SCs.
    • 7.5% reservation in jobs/higher educational institutions is given to STs.
  • Reservation is provided in both recruitment and promotions.
  • There is no concept of a creamy layer for SCs and STs reservations.
  • Currently, minority colleges have a 50% reservation for students from minority communities.

SC’s View

  • In 2018, SC held that SC/ST/OBC students do not have reservations in minority institutions.

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