Case Note & Summary
The petitioner, Bharat Sindhu Multipurpose Society, a society registered under the Societies Registration Act and Bombay Public Trusts Act, runs a B.Ed. College. The respondent no.1, Rashtrasant Tukdoji Maharaj Nagpur University, by communication dated 29/1/2005, informed the petitioner that upon receipt of a proposal for grant of approval to fill posts, it would be forwarded to the Backward Class Cell, and only after determination of reservation of posts would the names of Members and Experts on the Selection Committee be sent. The petitioner, claiming minority status under Article 30(1) of the Constitution of India, sought a declaration that the policy of reservation does not apply to it and to restrain the respondents from making the policy applicable. The undisputed facts show that the petitioner was registered as a Public Trust on 30/9/1997 and was granted a minority status certificate on 7/4/2014. The State Government took the stand that minority educational institutions are exempted from the scope of reservation. The petitioner's counsel argued that the certificate of minority status operates retrospectively from the date of establishment, relying on Manager, Corporate Educational Agency v. James Mathew, (2017) 15 SCC 595. The court, after hearing the parties, allowed the petition, declaring that the policy of reservation does not apply to the petitioner society being a minority educational institution, and restrained the respondents from enforcing the reservation policy against the petitioner. The court held that the certificate of minority status is merely declaratory and operates from the date of establishment of the institution.
Headnote
A) Constitution Law - Minority Educational Institutions - Reservation Policy - Article 30(1) of the Constitution of India - The petitioner, a minority institution, sought exemption from reservation policy in recruitment. The court held that minority educational institutions are exempt from the policy of reservation, and the certificate of minority status operates retrospectively from the date of establishment. (Paras 1-3)
B) Constitution Law - Retrospective Operation of Minority Certificate - Article 30(1) of the Constitution of India - The court, relying on Manager, Corporate Educational Agency v. James Mathew, (2017) 15 SCC 595, held that the certificate granting minority status is merely declaratory and operates from the date of establishment of the institution. (Para 3)
Issue of Consideration
Whether the policy of reservation in recruitment applies to a minority educational institution under Article 30(1) of the Constitution of India, and whether the certificate of minority status operates retrospectively.
Final Decision
The petition is allowed. It is declared that the policy of reservation does not apply to the petitioner society being a minority educational institution. The respondents are restrained from making the said policy applicable to the petitioner society.
Law Points
- Minority educational institutions are exempt from reservation policy in recruitment
- Certificate of minority status operates retrospectively from date of establishment
- Article 30(1) of the Constitution of India protects minority institutions' autonomy
Case Details
2018 LawText (BOM) (08) 156
Writ Petition No.3813/2005
R.K. Deshpande, Arun D. Upadhye
Shri Atharva Manohar (for petitioner), Mrs. A.P. Shinde (for respondent no.1), Shri M.J. Khan, AGP (for respondent no.2)
Bharat Sindhu Multipurpose Society
Rashtrasant Tukdoji Maharaj Nagpur University, Nagpur; The State of Maharashtra
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Nature of Litigation
Writ petition seeking declaration that reservation policy does not apply to minority educational institution and to restrain respondents from enforcing it.
Remedy Sought
Declaration that the policy of reservation does not apply to the petitioner society being a minority educational institution and to restrain the respondents from making the said policy applicable.
Filing Reason
The respondent university informed the petitioner that upon receipt of proposal for grant of approval to fill posts, it would be forwarded to Backward Class Cell and only after determination of reservation of posts would the selection committee be sent.
Issues
Whether the policy of reservation in recruitment applies to a minority educational institution under Article 30(1) of the Constitution of India.
Whether the certificate of minority status operates retrospectively from the date of establishment.
Submissions/Arguments
Petitioner argued that it acquired minority status and under Article 30(1), reservation policy is not applicable to recruitment in B.Ed. College.
Petitioner relied on Manager, Corporate Educational Agency v. James Mathew, (2017) 15 SCC 595, that certificate of minority status is declaratory and operates from date of establishment.
State Government took stand that minority educational institutions are exempted from reservation policy.
Ratio Decidendi
Minority educational institutions are exempt from the policy of reservation in recruitment under Article 30(1) of the Constitution of India. The certificate of minority status is merely declaratory and operates retrospectively from the date of establishment of the institution.
Judgment Excerpts
The respondent no.1 – Rashtrasant Tukdoji Maharaj Nagpur University, Nagpur by its communication dated 29/1/2005 informed the petitioner that upon receipt of the proposal for grant of approval to fill in the post, the same shall be forwarded to Special Backward Class Cell and it is only after determination of the reservation of posts, the names of the Members and the Experts on the Selection Committee shall be sent for selection of employees.
According to the petitioner – Society, it acquired the status of minority institution and in terms of Article 30 (1) of the Constitution of India, the policy of reservation is not applicable to the recruitment in B.Ed. College.
Relying upon the decision of the Apex Court in the case of Manager, Corporate Educational Agency...Versus...James Mathew and others, reported in (2017) 15 Supreme Court Cases 595, he has urged that though the certificate granting status as a minority institution was issued on 7/4/2014, it is merely in the nature of declaration which shall operate from the date of establishment of the institution.
Procedural History
The petitioner filed Writ Petition No.3813/2005 before the High Court of Judicature at Bombay, Nagpur Bench, challenging the communication dated 29/1/2005 from the respondent university. The petition was heard and decided on 06/08/2018.
Acts & Sections
- Constitution of India: Article 30(1)
- Societies Registration Act:
- Bombay Public Trusts Act:
