By Mumtaz Alam Falahi, TwoCircles.net,
Patna: To safeguard interests of the tribal population in North-Eastern states, the Union Cabinet yesterday approved amendments to the Central Educational Institutions (Reservation in Admission) Act, 2006, exempting the region from the Act’s binding 27% quota for OBCs. However, the fate of Jamia Millia Islamia in this regard is still uncertain.
The Union Cabinet approved certain amendments to Sections 2,3,4 and 5 of the Central Educational Institutions Act. The Central Educational Institutions (Reservation in Admission) (Amendment) Bill 2010 will be introduced in the coming session of Parliament.
“The proposed amendments to the Act aim at safeguarding interests of the tribal population in far-flung and remote areas of the North-Eastern States by providing a balance between the local policy at the State level and the national policy on reservation. The Amendments would ensure equity and inclusiveness and meet the regional aspirations,” says the Central Government statement.
According to the proposed amendments, Central Educational Institutions (CEIs) in tribal areas will follow state rule of reservation. Another important amendment is that if seats reserved for SCs and STs exceeds 50% of the total seat in a particular CEI, then reservation for OBC will not be implemented there.
“State seats (viz. The seats earmarked to be filled from amongst the eligible students of State in which the Central Educational Institution is situated), if any, in a CEI situated in the tribal areas referred to in the Sixth Schedule to the Constitution shall be governed by the reservation policy of the concerned State Government in the matter of admissions of Scheduled Castes, Scheduled Tribes and Other Backward Classes to that CEI.”
It further says: “If the seats reserved for Scheduled Castes or the Scheduled Tribes or both taken together in a CEI exceed 50% of the annual permitted strength, that CEI shall be exempt from making any reservation for the other Backward Classes. Further, if such a CEI is situated in the north-eastern States, including Sikkim but excluding the non-tribal areas of Assam, the percentage of seats reserved for the Scheduled Castes or the Scheduled Tribes shall not be reduced from the level obtaining on the date immediately preceding the date of the commencement of the Act; while in case of CEI situated in other areas the percentage of seats reserved for the Scheduled Castes or the Scheduled Tribes in that CEI shall stand reduced to 50%.”
These amendments are to safeguard the interests of the tribal people in North-Eastern region, as the government says, but despite having a clear provision in the Central Educational Institutions Act safeguarding the interests of minority institutions, the Union HRD Ministry and UGC have been pressing Jamia Millia Islamia to implement the binding 27% quota for OBCs. But why?
“They want that once Jamia implements the OBC quota, it will be a declaration that Jamia is not a minority institution because the Central Educational Institutions (Reservation in Admission) Act, 2006 clearly says the law is not to be implemented in minority institution,” says Delhi High Court Lawyer Tariq Siddiqi talking to TCN from New Delhi.
Elaborating on the provision of the law, Adv Siddiqi, who has been in the front for Jamia minority character campaign, says: “The Section 4 (c) of the law says that this act is not to apply in minority institutions. And the Section 2 (f) defines minority institution as one established and administered by minority under Article 30 of the constitution.” Jamia fulfills this criteria.
Despite this clear provision, the HRD Ministry and UGC have been issuing threatening letter to Jamia Millia Islamia to implement the act which calls for 27% quota for OBCs in central educational institutions.
Against this threat, Jamia Teachers Association, Jamia Old Boys Association and Jamia Students Union have already jointly approached National Commission for Minority Educational Institutions (NCMEI) to issue a certificate that Jamia is a minority institution. The case is pending with NCMEI.
Several Muslim community delegations have met HRD Minister Kapil Sibal to intervene in the case and save the minority character of Jamia. In response he has said the law will not be implemented for three years, giving some relief to the institution and the community. But Adv Siddiqi is not much happy with this as it is not a final solution.
“When Constitutional quota provision for SCs and STs can be stretched then why no special provision for Muslims who have been declared as the educationally most backward community by Sachar Committee, questions Adv Siddiqi.