Live Law
2024-01-30 06:50:05.0
SG: last part of 15(5) is an exception to the equality clause and therefore the test to decide the university to be a minority will have to be very strict test ....this amendment after TMA Pai and Inamdar they did not take note of this fact. Where yourlordships have said that 15(5) is an extension of the doctrine of equality because SC/STs etc are not equal they are brought at par with rest of the citizens irrespective of the religion but exception is minority... meaning thereby ...
Khanna J : doesn't this amendment also accept the reasoning in TMA Pai that the minorities are entitled to have reservation in institutions, doesn't it then give than recognition ?
SG: now if AMU being the finest university would not have reservation for ST/SC/ OBC and would have at least 50% reservation for Muslim class so a deserving candidate of SC/ST would not have reservation but a person having all economic everything at his command based on religion will have reservation that led to filing of petitions before the Allahabad HC