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Minority quota cannot be distributed, rules High Court
EXPRESS NEWS SERVICE
CHENNAI, December 4: The Madras High Court has directed the Tamil Nadu government to take immediate action to ensure that state minority institutions admit, within the 50 per cent quota, only those students who belong to their own minority community. Justice S S Subramani gave the direction while passing orders on a batch of writ petitions filed against the Anna University. One petition pleaded that the authorities should direct all minority professional institutions in the state to surrender the unfilled seats in the 50 per cent reserved quota. Admission to these seats, the petition said, could be offered under the single window system. The judge observed that admission to students of other minorities or non-minority communities under the 50 per cent reserved quota was not permitted. It was alleged that managements even accept advance payments from students for assuring admission. This practice was against the directions of the Supreme Court in the Unni Krishnan case, the judge observed. Vacancies within the 50 per cent quota should be reported to the authorities, who can fill them on the basis of merit. Minority institutions cannot violate the law laid down by the Apex Court, the judge said. While passing orders on another writ petition the judge quashed an October 19, 1994 resolution of the University Syndicate reserving three per cent of the seats for the children of staff members. According to the Supreme Court, admission must be purely on the basis of merit. Admissions may not be given to children of staff members, not even if they have rendered meritorious service as that would amount to showing special consideration at the expense of other deserving candidates. It would also violate Article 14 of the Constitution. However, students already admitted under the category were not to be disturbed, the judge said. The judge, however, upheld the practice of the University giving 23 seats in various courses to students sponsored by industries and rejected the petitioner's contention that the industries have purchased the seats under the guise of donations.
Copyright © 1997 Indian Express Newspapers (Bombay) Ltd.
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