Quota anti-merit: SC

‘‘The State cannot insist on private educational institutions which receive no aid from the State to implement State’s policy on reservation for granting admission on lesser percentage of marks, i.e. on any criterion except merit,’’ the bench ruled.

By referring to it as a threat to merit, the apex court has, however unwittingly, put a question mark on the validity of the very policy of extending reservations in educational institutions, whether government or private, aided or unaided, minority or non-minority.

‘‘Merely because the resources of the State in providing professional education are limited, private educational institutions, which intend to provide better professional education, cannot,’’ the bench said, ‘‘be forced by the State to make admissions available on the basis of reservation policy to less meritorious candidates.’’

But, ironically, while allowing unaided colleges to carry on with 15 per cent quota for NRIs, the bench was less intolerant of the compromise on merit. In a tacit recognition of the compromise inherent in permitting the management to have a reservation for NRIs, the court stipulated that ‘‘within this quota, the merit should not be given a complete go-by.’’

Besides banning reservations in unaided colleges, the bench has forbidden state quotas, meaning the right of the government to admit students on merit on some of the seats.