Bombay HC Upholds Minority Rights: Stays SC/ST/OBC Quotas in Junior College Admissions

Shilpi Nama

On 12th June, 2025, the Bombay High Court stayed a Maharashtra Government Resolution that extended SC, ST, and OBC reservations to FYJC admissions in minority institutions. The court found merit in the petitioners’ argument that such reservations should not apply to seats in these institutions.

A Division Bench of Justice MS Karnik and Justice NR Borkar directed the Maharashtra Government to file a detailed response to the petition within four weeks. The petitioners were given an additional two weeks to submit their rejoinder after reviewing the Government’s reply. The bench emphasized the importance of carefully considering constitutional protections afforded to minority institutions before proceeding further. The matter has been scheduled for a subsequent hearing on 6th August, when the court will examine the submissions and decide on the future course of action regarding the reservation policy in minority educational institutions.

The Court had previously suggested that the state consider issuing a corrigendum to its 6th May, 2025 resolution, but Government Pleader Neha Bhide informed the bench that she had no instructions to withdraw it. She argued that the reservation policy would only apply to unfilled and surrendered seats in minority institutions and therefore did not infringe upon the constitutional rights of minorities.

However, petitioners, including Solapur-based APD Jain Pathashala and the Maharashtra Association of Minority Educational Institutions, challenged the resolution citing Article 30 of the Indian Constitution, which protects the right of minorities to establish and administer educational institutions of their choice. They argued that the inclusion of social reservations, even in surrendered seats, violated these protections. Advocate Milind Sathe also referenced Article 15(5), which allows the state to make provisions for backward classes but explicitly excludes minority institutions from such mandates.

The petitioners further contended that any vacant seats within the minority quota are filled based on merit, reinforcing the autonomy of these institutions.

In a related development, the Maharashtra School Education and Sports Department released the FYJC general merit list the same day. A record 200 students achieved a perfect score of 500 out of 500, highlighting intense competition for Class 11 admissions. The merit list, available on the official admission portal, is categorized into four score bands. Authorities clarified that this is not the final allotment list; seat allocation will depend on merit, reservation claims, and seat availability. The admission process will run from 12th June to 14th June.

Case Name: APD Jain Pathshala and Ors v Secretary of School Education and Secretary School Education and Sports Dept, Government of Maharashtra

Bench: Justice MS Karnik and Justice NR Borkar

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