The Bombay High Court has stayed the government’s notification that imposed caste-based reservations on minority colleges, calling it a violation of minority rights
NEW DELHI/MUMBAI — Minority educational institutions across Maharashtra, especially those run by Muslims, have expressed relief and gratitude after the Bombay High Court on Friday stayed the state government’s decision to impose reservation for Scheduled Castes, Scheduled Tribes, and Other Backward Classes (SC/ST/OBC) in their institutions.
The court order came in response to petitions filed by APD Jain Pathshala and the Maharashtra Association of Minority Educational Institutions. These groups challenged a government resolution issued on 6 June, which made it compulsory for minority-run colleges to enroll students under caste-based quotas during First Year Junior College (FYJC) admissions.
“This was not just an attack on our institutions but on our constitutional rights,” said Dr Arif Shaikh, administrator of a Muslim minority college in Aurangabad. “We welcome the court’s order. The government must not interfere in our right to run institutions according to our faith and community needs.”
A division bench of Justices MS Karnik and NR Borkar delivered the decision after senior lawyer Milind Sathe, representing the petitioners, argued that reservations cannot be imposed on minority institutions. He reminded the court that a similar attempt in 2019 had also been withdrawn after legal intervention.
“As per the Constitution of India, minority institutions — whether aided or unaided — are not required to follow reservation for any community, including SC, ST, or OBC,” Sathe argued.
Government advocate Neha Bede admitted before the court that she had not received any instruction or clarification on the matter from state authorities. In response, the court not only stayed the implementation of the resolution but also ordered that the government update the admission portal to reflect the change. The next hearing is scheduled for 6 August 2025.
“This move by the government was a direct challenge to Article 30 of the Indian Constitution, which protects the rights of minorities to establish and administer educational institutions,” said Advocate Zainab Momin, who supports minority education rights. “We are glad the judiciary upheld the rule of law.”
The 6 June resolution had created panic among the management of Muslim and Christian-run colleges, especially as it came just ahead of the admission season.
“The timing of the order was very suspicious,” said Mohammad Ali, head of an Urdu-medium junior college in Solapur. “It seemed like the government was trying to target our institutions just when we were about to begin the new academic year.”
Educational experts had also raised alarms over the notification. They said such interference could dilute the identity and autonomy of minority institutions, many of which were established decades ago to provide education tailored to their communities.
“Minority colleges were built by the community for the community,” said Prof Naushad Ahmad, an academic from Pune. “Why should we be forced to admit students based on caste quotas, especially when our seats are already limited?”
Several Muslim community leaders and activists accused the state government of using caste reservation as a tool to weaken minority-run institutions. They called it a deliberate move to interfere with the functioning of Muslim and Christian colleges.
“This government is pushing a communal agenda,” said All India Majlis-e Ittehadul Muslimeen (AIMIM) leader Abdul Hameed. “On one hand, they don’t provide enough grants to our schools, and on the other hand, they impose restrictions and conditions on who we can admit. This is nothing but harassment.”
Another local leader, Sister Maria Fernandes from a Christian college in Mumbai, added, “The Constitution clearly protects our rights. It is unfortunate that we have to go to court every few years just to protect what is already guaranteed to us.”
There were also discussions among Muslim scholars that the move may have been aimed at disrupting Urdu-medium institutions and pushing students into Hindi and Marathi medium schools run by pro-Hindu organisations.
“This is not just about admission. This is about controlling our institutions and slowly wiping out our language and identity,” said Prof Rahmatullah Qureshi, a senior Urdu lecturer from Mumbai.
The Maharashtra Association of Minority Educational Institutions (MAMEI), which was one of the main petitioners, called the verdict a “much-needed moral and legal victory.”
“Our schools and colleges are not run for profit. They serve the poor and marginalised within our own community,” said MAMEI president Yusuf Pathan. “It is shameful that the state tried to impose such a discriminatory order without any discussion with stakeholders.”
Muslim educationists have also urged the government to stop using minority institutions for political experimentation.
“We should not be treated like second-class citizens,” said Fatima Rizvi, a retired principal from Nagpur. “Our forefathers built these institutions with great struggle. Any attack on them is an attack on the dignity of our community.”
As mentioned during the court proceedings, a similar resolution in 2019 was withdrawn after facing legal resistance. Despite this, the government once again brought forward the same demand, raising questions about its intent.
“Why do they repeat the same mistake again and again?” questioned advocate Farhan Shaikh, who has fought many cases involving minority rights. “It seems like they are testing how far they can go in violating our constitutional protections.”
Many legal experts say that unless the government comes up with a clear constitutional amendment or change in central law, it cannot impose such reservations on minority-run institutions.
The high court has given the state four weeks to file a reply and has fixed the next hearing for August 6. Until then, minority institutions will continue their admission process without applying the reservation order.
Observers believe the case could become a litmus test for the freedom that minority institutions enjoy in formulating their policies.
“Today it is about admission, tomorrow it could be about our syllabus, our teachers, our dress code,” warned Dr Nasreen Rehmani, an educational consultant. “We must remain alert and continue to defend our rights.”
Meanwhile, community leaders have called for a statewide campaign to raise awareness about minority rights and to resist any future attempt to impose unjust laws.
“We need to stay united,” said Maulana Habibuddin, a prominent cleric from Mumbai. “This judgment is a victory, but the fight is not over. They will try again.”
