Govt cannot compel minority educational institutions to reserve seats for SC/STs, OBCs: Madras HC

Citing Article 15(5) of the Constitution, which does not empower the state to compel a minority educational institution to admit SC/STs or OBCs, the Bench observed: “It has to be left to the authorities to prescribe a reasonable percentage, having regard for the type of institution and the educational needs of the minorities.”

“The right to cancel the recognition as a minority educational institution vests only with the National Commission for Minority Educational Institutions Act, 2004. Admitting more students than the sanctioned 50 percent threshold would not ipso facto permit the cancellation of the minority status of the educational institution,” the court said.

It added, “Moreover, it is not clear from the impugned order as to whether some of the students belonging to the minorities are admitted on the basis of their own merit, while competing with the 50 percent of non-minority students.”

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Bench quashes GO

The First Bench quashed and set aside the impugned government order (MS) No 232 — dated 20 November, 2021 — refusing the extension of “Religious (Muslim) Minority” status to the petitioner institution.

It stated that in case the petitioner college complies with all other requirements, then the government shall permit the petitioner to function as a minority educational institution, unless the minority status is cancelled by the Commission under the Act of 2004.

The court also directed the competent authority to adopt regulatory measures and supervisory measures, such as periodical calling for the list of members of the governing board of the college, and the memorandum and by-laws, so as to monitor that the institution is manned by members of the Minority.

“The state government would be within its right to impose the threshold cap of admitting students from the Minority community to 50 percent. However, in the remaining 50 percent of seats filled on merit from the general category, the students of the Minority community can also compete and be admitted on merit and the same would not be counted in the 50 percent threshold cap meant for the Minority students,” the court held.

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Background on the case

The Tamil Nadu government refused to extend “Religious Minority” status to Justice Basheer Ahmed Sayeed College for Women, stating that in academic years 2016-17, 2018-19, and 2019-20, the college breached the condition of the maximum threshold of 50 percent students to be admitted from the Minorities.

Further, the state government passed a government order in this regard.

Challenging it before a single judge of the Madras High Court, the institution sought to quash the order. The single judge ordered a status quo on the petition.

Challenging it, the petitioner filed an appeal challenging the order and also sought a direction to issue the permanent “Religious Minority” status certificate to the college.