05-31-2006, 11:42 PM
<!--QuoteBegin-->QUOTE<!--QuoteEBegin--><b>TN passes Act for quota in pvt institutions </b>
Pioneer.com
K Venkataramanan | Chennai
Tamil Nadu on Wednesday enacted a law in pursuance of the 93rd constitutional amendment to provide for reservation in private institutions, either aided or unaided.
<b>The State Assembly passed the Tamil Nadu Backward Classes, Scheduled Castes and Scheduled Tribes (Reservation of Seats in Private Educational Institutions) Act, 2006 by voice vote. The Act, as per Article 15(5) introduced by the 93rd amendment, excludes institutions established by minorities.</b>
The new law provides for reservation to SCs, STs, and Backward Classes based on the enabling provision introduced by Parliament by the amendment last December.
Parliament had amended the Constitution to offset the effect of the Supreme Court verdict in the PA Inamdar case, holding that the Government could not appropriate any quota for itself in private, unaided educational institutions.
As there was no quota for the Government in unaided (self-financing) colleges and other such institutions, all seats went to the management, and the Government could not enforce its reservation rule. This created a confusing situation in Tamil Nadu, where there are more than 250 self-financing engineering colleges and innumerable private institutions offering other courses.
Under the newly-introduced clause 5 of Article 15, States may, by law, make special provisions for socially and educationally backward classes in so far as such special measures relate to admission of students in private institutions, either aided or unaided, but not including minority institutions established under Article 30(1) of the Constitution.
<b>Tamil Nadu has a total reservation for 69 per cent (18 per cent for SCs, 1 per cent for STs, 50 per cent for Backward Classes, of which 20 are earmarked for most Backward Classes and denotified communities). It already has a law, enacted in 1993 and included in 1994 in the Ninth Schedule of the Constitution, to place it beyond judicial purview, to protect its existing level of reservation.</b>
The Assembly also unanimously passed a resolution appealing to the Centre to promulgate an ordinance to implement reservation for Other Backward Classes (OBCs) in institutions of higher learning under its purview like Indian Institutes of Technology and Indian Institutions of Management.
The resolution also appealed to the striking doctors and medical students to return to work. "Certain oppressive forces are inciting medical students to continue their agitation," it said. It said that strikes and protests were continuing despite the Prime Minister's appeal and the Supreme Court's warning.
The House also appealed to the Centre to go ahead with implementing its plan to provide OBC reservation to ensure their advancement in society at par with others
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Pioneer.com
K Venkataramanan | Chennai
Tamil Nadu on Wednesday enacted a law in pursuance of the 93rd constitutional amendment to provide for reservation in private institutions, either aided or unaided.
<b>The State Assembly passed the Tamil Nadu Backward Classes, Scheduled Castes and Scheduled Tribes (Reservation of Seats in Private Educational Institutions) Act, 2006 by voice vote. The Act, as per Article 15(5) introduced by the 93rd amendment, excludes institutions established by minorities.</b>
The new law provides for reservation to SCs, STs, and Backward Classes based on the enabling provision introduced by Parliament by the amendment last December.
Parliament had amended the Constitution to offset the effect of the Supreme Court verdict in the PA Inamdar case, holding that the Government could not appropriate any quota for itself in private, unaided educational institutions.
As there was no quota for the Government in unaided (self-financing) colleges and other such institutions, all seats went to the management, and the Government could not enforce its reservation rule. This created a confusing situation in Tamil Nadu, where there are more than 250 self-financing engineering colleges and innumerable private institutions offering other courses.
Under the newly-introduced clause 5 of Article 15, States may, by law, make special provisions for socially and educationally backward classes in so far as such special measures relate to admission of students in private institutions, either aided or unaided, but not including minority institutions established under Article 30(1) of the Constitution.
<b>Tamil Nadu has a total reservation for 69 per cent (18 per cent for SCs, 1 per cent for STs, 50 per cent for Backward Classes, of which 20 are earmarked for most Backward Classes and denotified communities). It already has a law, enacted in 1993 and included in 1994 in the Ninth Schedule of the Constitution, to place it beyond judicial purview, to protect its existing level of reservation.</b>
The Assembly also unanimously passed a resolution appealing to the Centre to promulgate an ordinance to implement reservation for Other Backward Classes (OBCs) in institutions of higher learning under its purview like Indian Institutes of Technology and Indian Institutions of Management.
The resolution also appealed to the striking doctors and medical students to return to work. "Certain oppressive forces are inciting medical students to continue their agitation," it said. It said that strikes and protests were continuing despite the Prime Minister's appeal and the Supreme Court's warning.
The House also appealed to the Centre to go ahead with implementing its plan to provide OBC reservation to ensure their advancement in society at par with others
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