No reservation in 4 minority colleges: HC

The colleges were declared minority institutions by National Commission for Minority Educational Institutions (NCMEI) in July 2011. The decision was challenged in court by DU.

On May 29,a single-judge bench refused to grant any relaxation to the colleges and asked them to admit students as per DU policy,which prescribes reservation for SC/ST and OBC students.

Following this,the colleges moved in appeal.

Citing urgency in view of deadline for submission of the cut-off lists,the colleges,represented by senior advocate K T S Tulsi,contended they required a correction of the order,enabling them to go ahead with the admissions as per their past practice.

The university countered the arguments,claiming the colleges had already conceded to give admissions in accordance with the DU norms and hence they could not now wriggle out of their commitment.

After hearing the arguments,the vacation bench noted that if the colleges were told to follow DU norms on reservation,they will be “worse off” as they had never been offering reservation to OBC students.

“You,as an university,must be more fair. As per their past practice,these colleges reserved some seats for SC/ST,but not for the OBCs. Hence,obligating them now,when they are minority institutions until this status is set aside,would mean pushing them back,” the court said.

“We are of the view that the practice,which these institutions have been following till 2011-12 in the matter of reservation,should not be changed to their disadvantage,particularly when these institutions have been declared as minority education institutions by the NCMEI. We,therefore,modify the earlier order to the extent that colleges shall give reservation for 2012-13 to SC/ST categories,as per the norms of DU,but they will not be obliged to give reservation to the OBC,” the bench said.