Congress urges govt to enact law to provide quotas for Dalits, Adivasis and OBCs in private educational institutions

New Delhi: With a Parliamentary panel expressing concern over underrepresentation of SC, STs and OBCs in private universities, the Congress on Monday demanded that the government bring a legislation to provide for quotas to Dalits, Adivasis and OBCs in private, non-minority educational institutions in the country.

In a statement, Congress General Secretary (Communications) Jairam Ramesh said The Constitution (93rd Amendment) Act 2005, inserting a new Article (15(5) that came into effect on 20 January, 2006, providing for quota for Dalits, Adivasis and OBCs in educational institutions, including in private sector, has stood the test of judiciary.

Ramesh referred to the recommendation of the Parliamentary Standing Committee on Education, Women, Children, Youth, and Sports for a new legislation to implement Article 15(5) that provides for quota in private educational institutions except for minority educational institutions.

“In its 2024 Lok Sabha election “Nyay Patra”, the Congress had committed itself to bringing legislation to implement Article 15(5) of the Constitution of India in private educational institutions....The Congress reiterates this demand,” he said.

Ramesh said the Central Educational Institutions (Reservations in Admission) Act, 2006 was passed in Parliament and reservations for SCs, STs and socially and educationally backward classes of citizens in central educational institutions were introduced with effect from 3 January, 2007.

He referred to the Supreme Court verdict in the Ashoka Kumar Thakur versus Union of India on 10 April, 2008 and said by a 2-0 margin, Article 15(5) is held Constitutionally valid only for state-run and state-aided institutions but reservations in private unaided institutions left open to be decided in the appropriate course.

In the IMA versus Union of India case (12 May, 2011), he said, by 2-0 margin, the Supreme Court held Article 15 (5) is upheld for private unaided non-minority educational institutions.

Ramesh said, "Pramati Educational and Cultural Trust versus Union of India Jan 29, 2014. By 5-0 margin Article 15(5) is, for the first time, upheld as it is explicitly.

"This means reservations for scheduled castes, scheduled tribes and socially and educationally backward classes of citizens in private educational institutions is also constitutionally permissible," he said.

The Parliamentary Standing Committee report said that the data presented by private universities in its study visit to Bengaluru, as well as extant data collected through AISHE, shows that there is severe underrepresentation of SC/STs in particular and OBCs as well in private universities and higher education institutions. 

"...the provision of equitable opportunities to all sections of society is a fundamental duty of all HEIs, private or public, and is in keeping with the Constitutional value of fraternity and justice. Accordingly, the Committee recommends that the Department should take initiatives to draft a new legislation to implement Article 15(5) of the Indian Constitution and make provisions for reservations for underrepresented groups in private institutions as well," the report said.