SC dis­misses need to take re-look at law

The Times of India (Mumbai edition) - - TIMES CITY -

Most col­leges saw out­sta­tion stu­dents short­listed in the first merit list leave for other states or their home state. “We have had stu­dents from Delhi and Ra­jasthan take their doc­u­ments and leave,” said Parag Thakkar, prin­ci­pal, HR Col­lege. Royal Col­lege prin­ci­pal A E Lak­dawala said: “This has been a 17-year-long bat­tle that is now set­tled.”

The SC heard the ar­gu­ments for 20 min­utes, where coun­sel for state, A N Nad­karni and Nis­hant Kat­nesh­warkar, and those for the var­sity, P S Narasimha and Rui Ro­drigues, said the law and the amend­ments made to the pro­vi­sion that keep mi­nor­ity in­sti­tu­tions out of the am­bit of such quo­tas be given a re-look.

They ar­gued that Ar­ti­cle 15 (4) and Ar­ti­cle15(5) of the Con­sti­tu­tion, which pro­vide for mak­ing pro­vi­sions for ad­vance­ment of so­cially and ed­u­ca­tion­ally back­ward classes, are en­abling pro­vi­sions and the state is not de­barred from mak­ing pro­vi­sions for reser­va­tions. They also said that “Ar­ti­cle 15(5) does not ex­clude Ar­ti­cle 15(4); both must be read to­gether”. The em­pha­sis by the state was that “by mak­ing pro­vi­sions for reser­va­tion, mi­nor­ity char­ac­ter of in­sti­tu­tions is not dis­turbed, that is, the pre­scribed mi­nor­ity seats of an in­sti­tu­tion is not af­fected, such reser­va­tion can­not be faulted with.”

The bench held that the is­sue to keep mi­nori­ties out of reser­va­tions was al­ready set­tled by ear­lier judg­ments of the apex court and need not be re­vis­ited.

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