Bombay HC Halts Quota for SC/ST/OBC in Minority FYJC Admissions
The Bombay High Court has recently granted an interim stay on the Maharashtra Government’s resolution mandating SC/ST/OBC reservations in Class 11 admissions at minority-run First Year Junior College (FYJC) institutions
A division bench comprising Justices M.S. Karnik and N.R. Borkar heard the petitions. The bench passed a stay order specifically on the clause of the Government Resolution (GR) that sought to apply social reservations to minority educational institutions.
The High Court was dealing with petitions filed by minority colleges, challenging the May 6, 2025, GR issued by the Maharashtra Government, which had directed minority-run FYJC (Class 11) institutions to implement SC/ST/OBC reservations in their admission process.
While invoking Article 30(1) of the Indian Constitution, the petitioners argued before the High Court that the said provision provides religious and linguistic minorities the right to establish and manage their own educational institutions. It is the petitioners' case that the right of management lies exclusively with the minority institution.
Furthering the argument, the petitioners also relied on Article 15(5) of the Constitution and asserted that minority institutions, whether aided or unaided, are constitutionally exempt from reservation policies under the said provision.
Finding substance in the petitioners' arguments, the High Court stayed the resolution and directed the State Government to file a reply affidavit within four weeks.
Earlier, the High Court had questioned why minority institutions were included in the GR, and whether the issue could be resolved through a corrigendum or withdrawal.
Government Pleader Neha Bhide informed the Court that she had no instructions to withdraw or amend the GR.
In 2019, a similar resolution had been passed, which was later withdrawn after it became a subject matter of challenge before the Court.
The matter is now listed for further hearing on August 6, 2025.
Case Title: APD Jain Pathshala v Secretary of School Education and Secretary, School Education and Sports Dept, Government of Maharashtra