Syllabus:
GS2: Issues relating to the development and management of Social Sector/Services relating to Health, Education, Human Resources.
Context:
Recently, a parliamentary panel has recommended 27%, 15% and 7.5% reservation for OBC, SC and ST students, respectively, in private higher education institutions.
More on the News
- Data provided by three of the four private Institutions of Eminence (IoEs) — BITS-Pilani, OP Jindal Global University, Shiv Nadar University — to the panel showed that less than 1% of students belonged to the ST category in each of the institutions.
- The department cited 2022-23 AISHE data showing SC students make up 15.5%, ST 6.4% and OBC 38.9% of the 4.38 crore enrolled in higher education.
- SC students made up 0.5% of the total in BITS in 2024-25, while ST students were 0.08% of the total.
Recommendations of the Panel
- The panel underlined the need for the State to take steps through legislation to accommodate students from these categories, citing “substantial” annual fees in private universities.
- The panel recommended that governments should allocate dedicated funds for private HEIs to increase seats, build infrastructure and hire faculty in institutions implementing reservations, ensuring that there is no reduction in general category seats.
- The committee urged the government to adopt the RTE Act’s 25% quota model, with fee reimbursement, to introduce SC, ST and OBC reservations in private higher education.
Constitutional Status
- Article 15(5), inserted through the 93rd Constitutional amendment, allows the government to mandate reservations for SC, ST and OBC students in private educational institutions.
- In May 2014, in Pramati Educational and Cultural Trust v Union of India, the Supreme Court upheld the entirety of Article 15(5) of the Indian Constitution.
- The committee, therefore, recommends that Article 15(5) of the Indian Constitution be implemented in full across the country through legislation by parliament.
- Article 46 of the Indian Constitution directs the State to promote educational and economic interests of SCs, STs and other weaker sections of society.
Legal Status
Central Educational Institutions (Reservation in Admission) Act 2006:
- The Act aims to ensure representation of these social groups in higher education by providing them with reserved seats in central government-funded institutions.
- The Act applies to central educational institutions established, maintained or aided by the central government.
- The Act specifies that 15% of the total available seats are reserved for SCs, 7.5% for STs and 27% for OBCs.
Right to Education Act 2009:
- It is a landmark Indian law that makes education a fundamental right for children aged 6-14. It mandates free and compulsory education in a neighborhood school for all children in this age group.
- Section 12(1)(c) mandates that private, unaided schools must admit at least 25% of their entry-level class (Class 1 or pre-primary) from disadvantaged and economically weaker sections within their neighbourhood.