In a significant interim order, the Bombay High Court has, on June 12, stayed the application of Scheduled Castes (SC), Scheduled Tribes (ST), and Other Backward Classes (OBC) reservations in First Year Junior College (FYJC) admissions at minority-run junior colleges across Maharashtra. The bench held that such reservations cannot be imposed on minority institutions, even for unfilled seats under the minority quota.
The Division Bench of Justices M.S. Karnik and N.R. Borkar passed the stay order in a batch of petitions filed by several minority educational institutions, including prominent South Mumbai colleges like St. Xavier’s, Jai Hind, KC, and HR College, as well as institutions from Solapur. The Maharashtra Association of Minority Educational Institutions (MAMEI) also joined the petitioners in challenging the State’s move. The petitions contested a clause introduced through a Government Resolution (GR) dated May 6, 2025, issued by the School Education Department.
Clause 11 of the May 6 GR lies at the heart of the controversy. It permits unfilled seats under the minority quota to be surrendered for allotment through the centralised admission process, making them subject to applicable social and parallel reservations. The State government contended that this mechanism was devised to ensure optimal utilisation of seats and claimed it was introduced in response to requests made by the institutions themselves.
Historically, minority colleges in Maharashtra have followed a well-established formula: 50% of seats reserved for the respective minority community, 5% for the management quota, and the remaining 45% kept open and unreserved. However, for the academic year 2025–26, the centralized FYJC admission portal began reflecting the application of SC/ST/OBC reservations on this 45% open category, prompting the current legal challenge.
Arguments for the petitioner: Senior Advocate Milind Sathe, appearing for the petitioners, argued that the GR violates constitutional protections granted to minority institutions under Articles 15(5) and 30 of the Constitution. Article 15(5) specifically carves out an exception for minority educational institutions from the scope of affirmative action policies, including caste-based reservations, while Article 30 protects their right to establish and administer institutions without State interference. Sathe emphasised that even unfilled minority quota seats must revert to open category admissions, and not be diverted to socially reserved categories.
Arguments for the defence: The Government Pleader Neha Bhide submitted that the clause did not infringe on the autonomy or rights of minority institutions. She argued that once minority seats were voluntarily surrendered to the centralized pool, applying social reservations to those seats was a legitimate policy tool aimed at promoting social equity. “Social reservation is the obligation of the State,” she contended.
Order of the court: the Court found substance in the petitioners’ arguments and held that an earlier judgment of the Bombay High Court—which had quashed a similar attempt by Mumbai University to enforce social reservations in minority institutions—was directly applicable in this case. The Bench observed, as per the report in BarandBench “Prima facie, we find that there is substance in the submissions advanced by the petitioners for the grant of interim relief.”
Consequently, the Court directed that, for the purpose of FYJC admissions, the mandate of SC/ST/OBC reservation shall not be enforced in any seats of minority educational institutions. The State government has been directed to file its reply within four weeks. The matter is slated for the next hearing on August 6, 2025.
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