FYJC admissions: Bombay HC won’t interfere with state’s move to fill quota seats in minority colleges
Mumbai city news: The court said it would hear a petition but did not grant interim reliefmumbai Updated: Jun 16, 2017 01:42 IST
The Bombay high court on Thursday refused to interfere with the state government’s decision to bring minority educational institutions under its online admission system for first year junior colleges (FYJC).
On Thursday, a division bench of Justice Bhushan Gavai and Justice Riyaz Chagla said it would hear a petition but did not grant interim relief — leaving the situation unchanged at least for now.
The petition was filed by PN Mehta Educational Trust, which is challenging the state’s decision to take charge of filling up non-minority seats in minority institutions.
In all minority institutions, 50% of the seats are reserved for the minority community, while the remaining are for students who don’t belong to any minority category. In January 2017, the Maharashtra government said it would take over admissions for the non-minority seats by including them in the common online admission process.
The institution, which runs the Boys Town Junior College at Trimbak Road in Nasik, said this violated their fundamental right under Article 30 of the Constitution of India – to establish and administer educational institutions of their choice.
Their counsel, senior advocate Mihir Desai, said that till last year (the 2016-17 academic year), all FYJC seats were being filled by the minority institutions themselves through individual applications of students, at the college level. This year, the notification has taken away this right of colleges. The petition asked if the state government can do so.
Additional government pleader Asif Patel responded saying the junior college run by the petitioner has not been able to find students from the minority community for whose benefit it had been established. Desai said the petitioner was a Parsi religious minority institution and it was impossible for it to fill all 50% minority quota.
Patel then said the college had not admitted a single student from the minority community in the past three academic years. In fact, a chart prepared by the education department showed that last year, minority educational institutions across Mumbai filled less than half of the 50% minority quota seats. According to the chart, minority institutions in Mumbai admitted 20,969 quota students, against the total intake capacity of 51,939.