Bombay HC challenges inclusion of minority colleges in reservation order, cites Article 30 protections
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The petitioners claimed a similar GR was issued in 2019 too, but it was withdrawn after it was challenged in court.
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