NCSC

 UPSC GS MAINS IMPORTANT QUESTIONS

Whether National Commission for Scheduled Caste(NCSC) can enforce the implementation of constitutional reservation for the Scheduled Castes in the religious minority institutions? Examine.



Most of the complaints received by the NCSC pertaining to education relate to the the denial of or discrepancies in the application of reservation policy. Recently the National Commission for Scheduled Caste directed the Aligarh Muslim University to clarify its stand on reservation for scheduled caste community, failing which it may lose central funding.

It has been held by the Supreme Court in P.A.Inamdar Vs. State of Maharashtra Case: 2006 that the policy of reservation in admissions and employment cannot be made applicable to a minority institution. In 2006, the 93rd amendment to the constitution brought in Article 15(5)  which barred the states from making any salutary law for admission of socially and educationally backward classes or reserved category students in minority institutions.

In 2008, Supreme court upheld the validity of Article 15(5) and the exemptions given to minority institutions. In 2014, the SC once again held that the minority institutions are not within the state purview. 

The Bombay high court has held that minority educational institutions cannot be asked to reserve seats for backward classes. Every minority institution may have its own socio, economic and cultural limitations. It has a constitutional right to conserve such culture and language. The purpose of grant-in-aid could not be so constructed as to destroy, impair or even dilute the very character of minority institutions.


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