In a significant judgment, the Madras HC has ruled out that educational institutions run by religious and linguistic minorities need not follow the reservation principle with respect to SCs, STs, and Other Backward Classes.

It has also been declared that the government can't mandate such institutions to provide reservations to such candidates.

Chief Justice S.V. Gangapurwala and Justice P.D. Audikesavalu also hold that a minority status shall continue unless the National Commission for Minority Educational Institutions dismisses it on valid grounds.

The Judges also ruled that the State Government would not have any right to restrict the minority status of an institution to a particular period. The status of which can be only changed by the National Commission for Minority Educational Institutions rules out the view that the institution has deviated or failed in achieving its objective.

However, the right of the State Government has been upheld where it can insist that minority Institutions admit students from religious and linguistic minorities concerned only up to 50% and the rest must be filled up on the basis of merit. The minorities who gain admission under merit should not be counted under the reserve category.

Amid all these pleas and petitions, the Judges reinforced that Article 15 (5) of the Constitution through the 93rd Amendment, 2005, specifically excludes minority institutions while enabling the State Government to make special provisions for the advancement of the socially and educationally backward classes relating to their admission to educational institutions.

Article 30 (1) of the Constitution talks about the Minority Educational institutions. Hence, it is already not in the domain of the State to issue any direction to such institutions regarding quota dynamics.

And as far as the minority status of an institution is concerned for a particular period, it's status shall subsist until the Commission cancels the same.

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Reference:

• www.livelaw.in
  
• www.thehindu.com