In a significant judgement, the Madras High Court has ruled that educational institutions run by religious and linguistic minorities need not follow the rule of reservation with respect to the Scheduled Castes, Scheduled Tribes and Other Backward Class students. It has also held that the government cannot compel such institutions to provide reservation to such candidates.
Partly allowing a couple of cases filed by Justice Basheer Ahmed Sayeed College for Women in Chennai, Chief Justice S.V. Gangapurwala and Justice P.D. Audikesavalu wrote: “We have no hesitation to hold that the concept of communal reservation or reservation for Scheduled Castes, Scheduled Tribes and Other Backward Classes of citizens would not apply to minority institutions.”
The judges also ruled the State government would not have any right to restrict the minority status of an institution to a particular period. They held the status, once granted, would continue until the National Commission for Minority Educational Institutions (NCMEI) cancels it on valid grounds such as the institution having lost the character in view of a change in its objective.
