In an interim relief, the Allahabad High Court has allowed eight students from non-minority community to sit in BEd examination from an unaided minority college, even though they were given admission from the quota reserved for minority community.
Citing Supreme Court ruling, the court said that an unaided minority college could not be forced to follow reservation norms of the state government, unless it altered their minority status.
A single judge bench of Justice Suneet Kumar passed the order in this regard on June 19, while hearing the petition of Nawab Abbasi Girls Degree College, Moradabad, through its counsel Neeraj Tiwari.
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The petition had pointed out that eight students had been prevented by the Rohilkhand University, to which the college was affiliated, only on the ground that they had been admitted in the minority quota, although they belonged to non-minority communities.
The college had 100 seats allocated for BEd, out of which 50 per cent had to be filled with students from minority community. However, there were only 42 students from the community, as a result of which eight non-minority community students were given admission.
The court said: “By way of interim measure, it is provided that in case the students were admitted on the basis of the Joint Entrance Test (JET) for BEd course conducted by the respondent University, the students shall be permitted to appear in the examination provisionally for the academic session 2014-15 commencing from July 1, 2015”.
The court noted that the Supreme Court had ruled that unless the nature of admissions altered the minority status of the institution to the extent that they stood to loose it, reservation quotas of the state government for unaided minority institutions would not apply.
The court passed the order after the University submitted that the permission would be granted if they had cleared the JET for BEd.
Petitioner’s counsel Tiwari said that all the students had qualified in the JET, following which they had got admission in the course.