10% Quota May Not Stand Legal Test: Pawar
Mumbai: ment) Act in 2006 to carry out OBC reservations across central educational institutes. However, no such law was brought in separately for private aided and unaided institutes and it was assumed that Article 15(5) would cover private institutes under the quota ambit. Following the 2006 CEI Act, some states enacted laws to effect similar reservation regimes in aided and unaided private institutes as well. In 2008, the UP Admission to Educational Institutions (Reservation for Scheduled Castes, Scheduled Tribes and Other Backward Classes) Act, 2006 was challenged by Sudha Tiwari in the Allahabad High Court over OBC quota reservations in admissions for B.P.Ed at the Deen Dayal Upadhyay Gorakhpur University –– an unaided private educational institute.
In February 2011, in Sudha Tiwari Vs Union of India, the Allahabad High Court struck down the UP law and ruled that the Constitution (93rd Amendment) Act 2005 “in so far as it enables to provide reservation for admission to unaided educational institutions, is violative of the basic structure of the Constitution of India, as it has been held in Ashoka Kumar Thakur vs. Union of India (2008)”. The Union government has gone in appeal against the Allahabad HC judgement to the Supreme Court. However, the matter is still sub judice and hence restricts the Centre from implementing any further quota system in private institutes.