6.4.4.1 Controversy related to reservation in Private Educational Institutions

♤ Inamdar vs. State of Maharashtra and TMA Pai Foundation vs. State of Karnataka: The Supreme Court opined that government can not introduce quota in private unaided educational institutions as it was violative of Fundamental Rights under Article 19(1)(g), that is, freedom of profession.

o The 93rd amendment was enacted to override this verdict.

o Supreme Court upheld the validity of the above constitutional amendment.

o The central government then passed Central Educational Institutions Act, 2006 to give effect to the provisions of the Constitution.

♤ Ashok Kumar Thakur vs. Union of India case: upheld the validity of 93rd amendment and Central Educational Institutions Act, 2006. The status of quota in private unaided institutions was left open to be decided in the future.

♤ Society for unaided private schools for Rajasthan vs. Union of India case 2013—upheld the validity of introduction to quota under Right to Education Act, 2009 even in private unaided institutions. Arguments given by Supreme Court:

o Education cannot be treated as a purely commercial enterprise.

o Article 21A is an obligation on the State.

o Right to Education is a child-centered act rather than an institution-centered act.