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Centre mulling amendment for quota in private colleges

Special Correspondent

NEW DELHI: The Centre is contemplating an amendment to Article 19 of the Constitution, to put reservation in private unaided educational institutions for Scheduled Castes/Scheduled Tribes and backward classes, within the meaning of "reasonable restrictions'' under Article 19 (6) to deal with the situation arising out of the recent Supreme Court judgment abolishing quotas and reservations in such institutions.

This has been suggested as a "more sustainable alternative" to seeking a review of the seven-judge bench judgment of the Apex Court by the Human Resource Development Ministry in the note that it has circulated ahead of Tuesday's all-party meeting to discuss the issue.

Since the seven-judge bench has suggested that its observations "are limited by the directives in the 11-judge bench on the T. M. A. Pai matter and can be reviewed by a bench larger than a 11-judge bench," the Ministry is of the view that the option of going for a larger bench is impractical. "Considering the time required for constituting such a bench, we would be nowhere near a solution for the next academic session 2006-07" till when the seven-judge bench has allowed status quo to prevail vis-a-vis admissions for the current academic session.

Stating that a socio-political decision has to be made, the Ministry noted: "A more sustainable alternative appears to be an amendment of the Constitution. Article 19 (6) dealing with reasonable restrictions on the exercise of rights in the interest of general public conferred by Article 19 (1) (g) also provides for an exception in the case of laws relating to the professional or technical qualifications necessary for practicing any profession or carrying on any occupation, trade or business."

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