Latest news with #NitinRBorkar
Indian Express
12-06-2025
- Politics
- Indian Express
FYJC admissions: HC halts effect of Maharashtra decision to apply SC/ST/OBC reservation to minority institutions
After the Maharashtra government refused to withdraw its decision to apply SC/ST/OBC reservation to minority trust-run junior colleges for the First Year Junior College (FYJC) admissions, the Bombay High Court on Thursday stayed the effect of the decision, dealing the government a setback. The court granted the interim relief to colleges run by minority trusts and their association after finding substance in their submissions. 'Accordingly, as far as admission to Class 11 is concerned, the mandate of social reservation shall not be made applicable to any minority educational institutions,' the court held and directed the state government to take steps in that regard. The state will have to update the online admission portal in accordance with court order. This came after the government lawyer informed the court that she had no instructions from the officials to withdraw the relevant clause in the government resolution issued by the school education department. On Wednesday, the court asked the government to consider withdrawing the relevant portion of the government resolution. The court also reminded the government that it had withdrawn a similar government resolution in 2019. A bench of Justices Makarand S Karnik and Nitin R Borkar passed an interim order on a batch of petitions by the Maharashtra Association of Minority Educational Institutions, two minority colleges in Solapur and those from South Mumbai, including Jai Hind, KC, HR and St Xavier's colleges, challenging the government resolution. Senior advocate Milind Sathe and advocate S C Naidu, appearing for petitioners, argued that the decision was 'arbitrary' and 'imposed without any authority of law' and without hearing or consulting them. They claimed that minority institutions were excluded from applying social reservations under Article 15(5) of the Constitution and that they can establish and administer educational institutions, as per Article 30 (1). Government Pleader Neha Bhide, however, defended the decision stating that minority educational institutions' rights were not fettered by the government resolution, as per which she said social reservation was applicable only to the surrendered seats from the minority quota and would not therefore affect such institutions. As per the established practice followed until the previous academic year, 45 per cent of the total intake in minority institutions was kept open to all students, regardless of category, after allocating 50 per cent for the respective minority community and 5 per cent for the management quota. However, this year, after the impugned government resolution, the FYJC admission portal showed that SC/ST/OBC reservation is being applied to those 45 per cent seats, which led to confusion and controversy in FYJC admissions for 2025-26. Clause 11 in the May 6 government resolution stated, 'If admissions are lower than the intake capacity in minority quota, admissions can be given as per interchanging between linguistic and religious minority groups. Even after that, if seats remain vacant, those surrendered vacant seats will be filled based on the centralised admission process where all social and parallel reservations are applicable.' While colleges claimed that the government resolution pertained to leftover seats in the minority quota, government officials had said it implied that social reservation would be applicable to all open (non-minority) seats in minority-trust-run colleges. Thereafter, the state government issued a corrective resolution on June 2, which implied social reservation to all open seats in minority colleges. The Association, through its writ plea for setting aside the relevant portion of the government resolution, also sought the court's directive to authorities to take immediate steps to correct/update the online admission portal for Class 11 admissions for the member institutions. On June 10, the government issued a new corrective government resolution, which brought back the same sentence along with additional inputs from the May 6 government resolution. The court has asked the state government to file its reply to the pleas within four weeks and posted further hearing to August 6.
Indian Express
11-06-2025
- Politics
- Indian Express
FYJC admissions: Consider withdrawing decision on quota in minority institutions, HC tells Maharashtra govt
The Bombay High Court on Wednesday told the Maharashtra government to consider withdrawing the portion in its decision that applied SC/ST/OBC reservation in minority trust-run junior colleges for First Year Junior College (FYJC) or Class 11 admissions. After the court's query, the state government lawyer submitted that it may be possible to withdraw the clause in the impugned May 6 Government Resolution (GR) and that she would take instructions from higher authorities and inform the court about the same on Thursday. A bench of Justices Makarand S Karnik and Nitin R Borkar was hearing batch of by the Maharashtra Association of Minority Educational Institutions, two minority colleges in Solapur and those from South Mumbai, including Jai Hind, KC, HR and St Xavier's colleges, challenging the GRs concerned and terming them 'arbitrary' and 'imposed without any authority of law'. The association cited various past judgements in similar cases and argued that the minority institutions are not required to maintain social reservations. According to the established practice followed until the previous academic year, 45 per cent of the total intake in minority institutions was kept open to all students, regardless of category, after allocating 50 per cent for the respective minority community and 5 per cent for the management quota. However, from this year, the FYJC admission portal showed that SC/ST/OBC reservations are being applied to those 45 per cent seats, which led to confusion and controversy in FYJC admissions for the academic year 2025-26. After Government Pleader Neha Bhide submitted that the GR was issued to bring uniformity in online FYJC admissions, the bench said that in 2019 similar GR was withdrawn by the government. 'Why did you (state government) bring minority institutions? It should not be difficult to withdraw. Why do you not talk to officers and withdraw this. Every time you do not need order from us when things are so apparent. It can be a bona fide mistake. Issue a corrigendum. Solve the problem. If not, we are here (to hear pleas and pass order),' Justice Karnik orally remarked. Bhide said that while withdrawing the entire GR was not possible, 'it is possible that clause 11 can be removed'. The court asked her to take instructions from high-level officials and inform the decision on Thursday, when the matter will be heard next. Clause 11 in the May 6 GR issued by state's school education department stated, 'If admissions are lower than the intake capacity in minority quota, admissions can be given as per interchanging between linguistic and religious minority groups. Even after that, if seats remain vacant, those surrendered vacant seats will be filled based on the centralised admission process where all social and parallel reservations are applicable.' While colleges claimed that the GR pertained to left-over seats in minority quota, government officials said it implied that social reservation will be applicable to all open (non-minority) seats in minority-trust run colleges. Thereafter, as per state government, it issued corrective GR on June 2, which implied social reservation to all open seats in minority colleges. The Association, through its writ plea, sought court's directive to authorities to take immediate steps to correct/update the online admission portal for class 11 admissions for the member institutions in Maharashtra. It said the same should be done by deleting/removing the social reservation quota (SC/ST/OBC Reservation quota) and updating/rectifying the in-house and management quota as per the May 6 Government Resolution (GR) like quota and seat distribution followed in Academic Year 2024-25. It sought that the concerned clause be declared arbitrary and unconstitutional and the same be set aside. On June 10, the government issued a new corrective GR which brought back the same sentence along with additional inputs from the May 6 GR.
Time of India
09-06-2025
- Politics
- Time of India
'In breach of natural justice': Bombay HC sets aside student's rustication from Pune college; she criticized govt over Operation Sindoor
Bombay high court (File photo) NEW DELHI: The Bombay high court on Monday set aside the rustication of a student from a Pune-based engineering college over her post on Operation Sindoor . The division bench of justices Makarand S Karnik and Nitin R Borkar noted that the expulsion letter by Sinhgad Academy of Engineering was "in breach of natural justice" as the student was rusticated without being heard, news agency PTI reported. However, the bench granted the institute liberty to take an appropriate decision after hearing her and complying with the principles of natural justice. This comes after the court, on May 27, suspended Sinhgad Academy's order to expel her. It also allowed the girl to appear for her second-year semester examinations. Also Read: HC raps Maharashtra government for arresting 19-year-old over Operation Sindoor post However, the court also stated that the permission should not be seen as its observation on the merits of the case. The controversy began on May 7 when the student, pursuing a Bachelor of Engineering (Information Technology) degree, shared a post on Instagram from an account named "Reformistan." She criticised the government for Operation Sindoor, which was launched earlier that day, and targeted terror sites in Pakistan and Pakistan-occupied Kashmir. Also Read: Why a Pune student's jail time for a deleted post should scare anyone who values free speech However, realising her mistake, she deleted the post and apologised for reposting it. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Neuropathiepijn? Miljoenen praten over dit apparaat KneeTens Undo Despite this, the Kondhwa police in Pune registered an FIR on May 9 and arrested the teenager. She was later sent to judicial custody and lodged at Yerwada prison. The college also rusticated her immediately. Challenging her rustication and seeking quashing of the FIR, the student approached the Bombay high court.
NDTV
09-06-2025
- Politics
- NDTV
"Breach Of Principles...": Bombay High Court On Pune Student's Explusion Over Instagram Post On Op Sindoor
Mumbai: The Bombay High Court on Monday set aside the expulsion of a 19-year-old second-year engineering student from Sinhgad Academy of Engineering, Pune, who was arrested for an Instagram post related to Operation Sindoor. The Court observed that the expulsion was issued in violation of the principles of natural justice. The bench comprising Justices Makarand S Karnik and Nitin R Borkar ordered that the student was not issued a show-cause notice nor allowed to be heard before the disciplinary action was taken. The court remarked, "Admittedly, the letter of rustication was issued in breach of the principles of natural justice. She was not heard before the letter was issued. Given the matter, the impugned order is set aside." The court held that the expulsion letter was arbitrary and unlawful, and granted liberty to the college authorities to issue an appropriate order only after giving the petitioner an opportunity to be heard and following due process. The student was arrested by the Pune Police on May 9 for allegedly sharing an Instagram story which criticised the Centre over Operation Sindoor. She was later booked under Sections 121, 153, and 505 of the Indian Penal Code. The post was deleted within two hours, and she issued a public apology. Her petition before the High Court sought bail, quashing of the expulsion order, and permission to appear for semester exams scheduled between May 24 and June 3. A vacation bench of the High Court earlier granted her interim bail on May 27 and allowed her to appear for the remaining exams. Regarding the theory and practical exams she missed during custody, the Court on Monday noted that she had made a representation to the college, which was forwarded to the Director of the Board of Examinations and Evaluation, Savitribai Phule Pune University. The court has directed the university to decide the same on merits in an expeditious manner.
