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Presidential assent for quota in institutions

Anita Joshua

NEW DELHI: The Constitution amendment to provide reservation for socially and educationally backward classes, besides the Scheduled Castes and the Scheduled Tribes, in private unaided institutions — other than those run by the minorities — has secured Presidential assent. With this, the amendment, passed by Parliament, has become an Act.

The Act provides for introducing a new clause (5) in Article 15 for the advancement of the socially and educationally backward classes or for the SCs/STs. The amendment enables States to provide reservation for these categories of students. For this, the States will have to enact their own legislation.

At present, the number of seats available in aided or state-run institutions, particularly for professional education, is limited compared to those in private unaided colleges.

While drafting the amendment, the Government drew on the Directive Principle of State Policy providing for promotion of the educational and economic interests of the SCs/STs and other weaker sections, including the Other Backward Classes.

The amendment was introduced after the Supreme Court in August 2005 struck down reservation in private unaided institutions. Consequent to the judgment, all parties unanimously authorised the Human Resource Development Ministry to draft legislation to ensure that the socially and educationally disadvantaged sections were not denied access to education.

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