Reservation of seats for BCs, SCs or STs for admission to private educational institutions cannot be made applicable to the minority educational institutions, referred to in Article 30(1) of the Constitution, the Madras HC has ruled.
The first bench of Chief Justice RK Agrawal and Justice M Sathyanarayanan gave the ruling while allowing a writ petition from the Secretary, Loyola College (Autonomous), Nungambakkam, seeking to quash a GO dated May 23, 2012 of the Higher Education Department, which prescribed guidelines for reservation.
Accepting the arguments of Isaac Mohanlal, the bench said that the May, 2012 GO is in the form of guidelines for admission of students to UG/PG courses in government/aided/unaided arts and science colleges for 2012-13 and the said guidelines cannot override the mother of all laws, namely, the Constitution, more particularly Article 15(5) of the Constitution and the statute TN Act 12 of 2006, the bench said. The stand of Mohanlal was that insofar as aided courses are concerned, the college has provided 50 per cent of the seats in admission by following the rule of reservation and the remaining 50 per cent seats are filled up with 40 per cent Christian and 10 per cent non-Christian candidates, who are selected based on their academic merit plus other factors like first generation learners, Dalit Christians, orphans, Dalit of other communities, widow’s children, economically poor, neighbourhood children and sportspersons.
In the light of the legal position and the factual aspects, this court is of the considered view that the writ petition filed by the college is to be allowed, the bench said, accordingly allowed it and set aside the May 2012 GO.