• UID General Category application window for admissions 2025-26 closes on Monday, 20th January 2025. Click Here to Apply or call on 9266663225 to know more. I UID Tier -I UID DAT 2025 is scheduled in online mode on 25th January 2025. UID Tier II ST-PE / PE-PI booking is open. Click Here to visit your application account to book your Tier II Date/ Slot.
  • To get you familiarized with the online platform for UID DAT 2025, OPEN MOCK DAT is scheduled on Wednesday, 22nd January and Thursday, 23rd January 2025. To know more, call on 9266663225.
  • KUAT (Karnavati University Admission Test) Admissions 2025-26 Application Window Open Click Here to Apply- To know more call 9667048555.
  • KU Admissions FEE Payment Click Here

Article 15 (5) and Social Justice in Privatised Higher Education

  1. Home
  2. »
  3. One Minutes Read
  4. »
  5. Article 15 (5) and Social Justice in Privatised Higher Education

Article 15 (5) and Social Justice in Privatised Higher Education

Article 15 (5) and Social Justice in Privatised Higher Education

Article 15(5) under which special provision can be made for the representation of socially and educationally backward classes (SEBCs) in privatized higher education, is only an enabling provision which means that the issue of representation of SEBCs as students & staff (both academic & administrative) in private higher education is now dependent upon the sweet will of Legislature & the Executive of each State. Even where the political will could be mustered to implement the mandate of Article 15(5) the judicial hurdles continue to surmount. For example, the State Legislature of Uttar Pradesh passed the Admission o Educational Institutions (Reservation for Scheduled Castes, Scheduled Tribes and Other Backward Classes) Act, 2006 in order to override the decision in Inamdar by making provision of reservation of seats for Scheduled Castes, Scheduled Tribes and other SEBCs, in admission to educational institutions, including private educational institutions. But the Allahabad High Court prevented the enforcement of this Act on one pretext of the other and finally gave a fatal blow to it by declaring the key provisions of the Act unconstitutional in 2011. Hence, the judicial policy of postponement of social justice continues deep into private higher education.

Moreover, the exemption by Article 15(5) to minority educational institutions referred to in Clause (1) of Article 30 has suppressed the question of representation of SEBCs belonging to minority communities popularly known as “Pasmanda” in private higher education. On this question public & private higher education look like mirror images of each other. This is one of those classical examples where both the Parliament & the judiciary come together to pursue a policy of denial of representation to SEBCs at all spaces which can be termed as higher.

Author:
Dr. Ayaz Ahmad, Associate Professor, Unitedworld School of Law (UWSL)

Disclaimer: The opinions / views expressed in this article are solely of the author in his / her individual capacity. They do not purport to reflect the opinions and/or views of the College and/or University or its members.

Recent Post

The IUCN Pre-Colloquium at UWSL

The IUCN Pre-Colloquium at UWSL showcased the vital intersection of law and sustainability. This transformative event delved into crucial topics

Two-wheeler – Ergonomics in India

A two-wheeler is the vehicle of choice for most Indians in their daily commute to work. One major reason for

Dadi Pudumjee- An Indian Puppeteer

Puppets are one of the best ways to tell a story. They not only reach adults but also to kids.

1 2 3 4

Announcement

    • UID General Category application window for admissions 2025-26 closes on Monday, 20th January 2025. Click Here to Apply or call on 9266663225 to know more. I UID Tier -I UID DAT 2025 is scheduled in online mode on 25th January 2025. UID Tier II ST-PE / PE-PI booking is open. Click Here to visit your application account to book your Tier II Date/ Slot.
    • To get you familiarized with the online platform for UID DAT 2025, OPEN MOCK DAT is scheduled on Wednesday, 22nd January and Thursday, 23rd January 2025. To know more, call on 9266663225.
    • KUAT (Karnavati University Admission Test) Admissions 2025-26 Application Window Open Click Here to Apply.
    • UIT (B.TECH.) Admissions 2025-26 Application Window Open Click here to Apply or Call 9667048555 to know more.
    • UIM (MBA ) Admissions 2025-26 Application Window Open Click here to Apply or Call 9667048555 to know more.