Bombay High Court Halts Social Reservation Clause for Minority Colleges in FYJC Admissions
Mumbai, 12th June 2025: The Bombay High Court on Thursday put a temporary hold on a clause in the Maharashtra government’s May 6 government resolution (GR) that had extended social reservations to First Year Junior College (FYJC) admissions in minority institutions.
The division bench of Justices Makarand Karnik and Nitin Borkar passed the interim order, stating, “As an interim measure, we direct that social reservations shall not be implemented in minority-run institutions for FYJC admissions, until further notice. The state government may take appropriate consequential steps.”
The court also instructed the state to respond within four weeks, with the next hearing scheduled for August 6.
A day prior, the bench had suggested that the government consider revoking the controversial clause and issue a corrigendum. However, during Thursday’s hearing, government pleader Neha Bhide informed the court that no such instructions had been received.
Clause 11 of the GR in question stipulates that after seats reserved for minority students are filled, social and parallel reservations would apply to the remaining seats in minority colleges. This move sparked legal opposition from various educational trusts and colleges, who argued it infringes on the autonomy granted to minority institutions.
The petitions challenging the clause were filed by two groups. One was submitted by Solapur-based Shri A.P.D. Jain Pathashala, which manages institutions like Walchand College of Arts and Science and Hirachand Nemchand College of Commerce, represented by advocate Sandeep Waghmare. The second, a joint petition, came from prominent South Mumbai colleges such as St. Xavier’s, KC College, HR College, Jai Hind College, and Maharashtra College, alongside the Maharashtra Association of Minority Educational Institutions, represented by advocate S.K. Srivastav.
Petitioners argued that imposing such quotas violates constitutional protections granted to minority-run institutions under Article 30, which guarantees their right to establish and administer educational institutions without government interference in admission policies.
