Madras High Court Rules State Minority Commission Lacks Authority to Verify Reservation Policies in Minority Educational Institutions

The Madras High Court has clarified that the State Minority Commission does not possess the authority to request records from minority educational institutions to verify their adherence to reservation policies. Justice L. Victoria Gowri emphasized that such institutions are exempt from the scope of Article 15(5) of the Indian Constitution, which allows the State to make special provisions for the advancement of socially and educationally backward classes, including Scheduled Castes and Scheduled Tribes, concerning admissions to educational institutions, including private entities.

The court was addressing petitions from several minority institutions challenging directives issued by the Member Secretary of the State Minority Commission. These directives sought the deputation of officials from these colleges, along with authorization letters from their principals and details of admissions over the past three academic years. The Commission intended to verify compliance with guidelines pertaining to minority institutions as outlined in specific Government Orders from the Higher Education and Personal and Administrative Reforms Departments.

The petitioning colleges contended that the Commission lacked the authority to set criteria for admissions in minority institutions. They argued that the Tamil Nadu Private Colleges (Regulation) Act does not empower the Commission to prescribe admission percentages for private minority educational institutions. Furthermore, they asserted that the Commission's actions infringed upon the rights granted to minority institutions under Article 30 of the Constitution, which ensures the right of minorities to establish and administer educational institutions of their choice.

Agreeing with the colleges' stance, the court noted that, according to Section 8(2) of the Tamil Nadu State Minorities Commission Act, the Commission can make recommendations to the Government to be presented before the legislative assembly. However, it does not have the locus standi to directly call for records from minority educational institutions to verify their implementation of reservation policies. The court highlighted that such actions would violate the functions enumerated under Section 8 of the Tamil Nadu State Minorities Commission Act, 2010.

This ruling reinforces the autonomy of minority educational institutions in matters of admissions and underscores the limitations of the State Minority Commission's authority concerning these institutions.