SC dismisses need to take re-look at law
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.