Reservation in Minority Institutions

Dec 18, 2023

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Table of contents

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).

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

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

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.