10% Quota May Not Stand Le­gal Test: Pawar

The Economic Times - - Pure Politics - Na­tion­al­ist Con­gress Party chief Sharad Pawar on Sun­day said he doubts whether the BJP gov­ern­ment’s de­ci­sion to give10 % reser­va­tion to peo­ple on the ba­sis of their eco­nomic sta­tus will stand the test of the courts. “The gov­ern­ment has pro­vided10% reserva

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.

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