A minority educational institution may choose not to take any aid from the State and may also not seek any recognition. Such institutions cannot indulge in any activity which is violative of any law of the land. They can admit all students of their own community.

TN tops

Different states have their own regulations for reservations in education but Tamil Nadu’s case is unique. The Madras Presidency first introduced caste-based reservations in education in 1922. This was challenged in 1950 and struck down by the Supreme Court in the Champakam Dorairajan case on the ground that it discriminated and violated Article 15 (Right to Equality) and 29 (2) (Cultural and Eductional Rights) of the Constitution. The apex court restricted the reservation to 50 percent. So from 1951 onwards, Tamil Nadu had 49.5 per cent reservations in education.

Following the amendment to Article 15(4) enabling provision for reservations in excess of 50 per cent, quotas were hiked to 69 percent in all professional and non-professional colleges in 1980. It continued so till 1993, when senior advocate K M Vijayan challenged the reservation of 19 per cent that was in excess of the stipulated 50 per cent. The then government passed a law providing for 69 percent reservation as desired in the Mandal case. To protect it from legal challenges, it was brought under the Ninth Schedule of the Constitution. However, Vijayan took the case to the Supreme Court, where it has been pending for the past 12 years.

... contd.