SC, ST, OBC quota ‘constitutionally permissible’ in private universities, says panel; seeks law in parliament

A parliamentary panel on education, on Wednesday, stressed on the need to introduce a legislation in parliament to mandate reservation in private educational institutions. Citing various orders of the Supreme Court, it said that it is “constitutionally permissible” for private higher education institutions to provide reservation to students belonging to the historically marginalised Schedule Caste (SC), Schedule Tribe (ST) and Other Backward Classes (OBC) categories.

The committee has recommended that 27%, 15% and 7.5% seats should be reserved for OBCs, SCs, and STs, respectively, in private higher educational institutions. The Parliamentary Standing Committee on Education, Women, Children, Youth and Sports, headed by Congress MP Digvijaya Singh, submitted the report in parliament.

The panel also suggested that in order to support private institutions in implementing the reservation, the 25% reservation provision for the Economically Weaker Section (EWS) – mandated under the Right to Education (RTE) Act in private schools – could be followed.

At present, private educational institutions are currently not legally obliged to implement reservation policies since there is no statute mandating them to do so.

Citing data also from BITS, OP Jindal Global University and Shiv Nadar University, the committee expressed concern over the dismal representation of students from the reserved category in private educational institutions. The panel has recommended that the education ministry asks institutions like the University Grants Commission (UGC) and Commission for Backward Classes to submit their admission data annually on a mandatory basis.

The panel also cited examples of Ashoka University and Shiv Nadar University and asked the ministry to replicate their inclusion and scholarships initiatives in other private institutions.

Reservation of Students in Private HEIs

The parliamentary panel cited Supreme Court judgments of Ashok Kumar Thakur vs Union of India, which introduced reservation for OBC in educational institutions; IMA vs Union of India, where the apex court in 2011 upheld Article 15(5) for private unaided non-minority educational institutions; and the 2014 case of Pramati Educational and Cultural Trust v Union of India, in which the SC, for the first time, explicitly upheld the entirety of Article 15(5) to advocate for reservation in private educational institutions.

Reaffirming its observation from the earlier report, the committee stated, “There is an increasing trend of higher education in India being seen in two separate spheres – one is of private and select government institutions with better faculty and resources, and the other is the majority of HEIs which are not able to keep pace with the former. The provision of reservation for SCs, STs, and OBCs in public higher educational institutions (HEIs) and the absence of such provision in private HEIs may result in students from these communities disproportionately taking admission in public institutions that are not able to keep pace”.

It also states that the current absence of reservations in private educational institutions is an “impediment to attaining social justice in this country.”

“The committee, therefore, recommends that Article 15(5) of the Indian Constitution be implemented in full across the country through legislation by parliament. The committee recommends that 27%, 15% and 7.5% seats should be reserved for OBCs, SCs, and STs respectively in private higher educational institutions,” added the report.

It has also asked the department to take effective steps to provide reservation benefits to EWS category from general castes in private educational institutions.

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Private institutions’ growth, poor representation

As per All-India Survey of Higher Education (AISHE) 2021-22 data, there are 517 private universities, 240 central government institutions and 445 state government institiutions.

“Among degree colleges, according to the AISHE Report 2021-22, only 21.5% of India’s 45,473 colleges are government institutions, 13.2% are private aided institutions, and 65.3% are private unaided institutions. The committee observes that in view of these numbers, as well as the country’s growing population and number of students and the NEP’s targets for 50% GER in higher educational institutions, it is clear that the public sector educational institutions will be unable to accommodate all students and that private HEIs shall play a vital role in accommodating students from each category of society,” stated the report.

The committee also recommends that the department take steps to improve the quality of data currently collected on the composition of student population in private and public HEIs.

“Currently, the most updated and reliable data source is the AISHE Report of 2021-2022, i.e., three years ago. Some of the data in the AISHE report is unreliable – for instance, it claims that Anna University has only one faculty member. The committee reaffirms that AISHE must be conducted yearly and that there needs to be quality checks to improve the accuracy of the data,” added the panel.

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The panel also highlighted that the data furnished by private universities show the representation of OBC students as “abysmally low”. As per data submitted by the department, private HEIs have representations of 40% OBC, 14.9% SC and 5% ST students out of total students in private universities/HEIs.

“In BITS, during 2024-25, out of the total students of 5,137, OBCs are about 514, SCs are 29 and STs are 4, which is around 10% in case of OBC, 0.5% in case of SCs and just about 0.08% in case of STs, though some students have not declared their category,” it stated.

In OP Jindal Global University, out of total 3,181students, 28 are SCs, 29 are STs which is less than 1%. In Shiv Nadar University, out of a total of 3,359 students, SCs are 48 and STs are 29 – about 1.5%, and 0.5%, respectively.

“The committee therefore, recommends the department of higher education to implement reservation quotas in educational institutions, including private ones, proportional to the population of SCs, STs and Other Backward Classes (OBCs). Also, the department should ensure its compliance through a central oversight/monitoring body like UGC, National Commission for Backward Classes and SC/ST Commissions to monitor implementation of Article 15(5) of Indian Constitution, ensuring these institutions report admission data annually,” the report added.

The panel also states that the current system of making caste declaration optional may result in caste-blindness of the admissions process. “Applicants and students may, however, be given the choice to declare that they do not have a caste identity,” the panel adds.

SC, ST, OBC: Govt support to implement quota

The panel states that in the interest of fairness, any introduction of reservations for SCs, STs, and OBCs in private HEIs must be fully covered financially by the government.

“The committee notes that the introduction of a 25% quota in private schools under Section 12(1)C of the RTE Act is fully reimbursable by the schools from the government – a model which the government must follow in private HEIs as well,” the report added.

Suggesting ways to support private institutions the committee recommends the central and state government to supplement resources through public private partnership (PPP).

“The committee also observes that expanding reservation will require increasing seats. However, many private institutions lack infrastructure like classrooms, hostels, faculty, etc., to accommodate additional students from SC, ST and OBC communities without compromising quality and reduction in general category seats. The committee, therefore, recommends that the central and state government should allocate dedicated funds for private Educational Institutions/HEIs to increase seats, build infrastructure, and hire faculty in institutions implementing reservations,” the report stated.

The other suggestion includes that the ministry through Higher Education Funding Agency (HEFA) provide low-interest loans to HEIs/universities for “infrastructure expansion, ensuring no reduction in general category seats to avoid reducing general category opportunities”.

Stating that the fees in such institutions are substantial and the students from marginalised categories may not be able to afford it, the committee states that it is imperative for the state to take affirmative steps through legislation to accommodate such students.

Further talking about the high dropout rate among students of reserved category in these institutions, the committee recommends that the department provide “scholarships, which can bear the burden of living costs in hostels to students.”

“The committee observes that students from marginalised sections of the society often face challenges competing in entrance exams or coping with rigorous curricula due to poor foundational education in rural or underfunded schools. High dropout rate among reserved category students in premier institutions highlight this gap,” it adds.

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To address these concerns the committee has suggested that the department study models, such as orientation and bridge programmes run by universities like Ashoka University, to support students from underrepresented backgrounds.

“Ashoka University’s Academic Bridge Program (ABP) consists of a three-week bridge course and year-long support during the student’s first year,” it adds.

Observing that the students from marginalised sections especially in rural and remote areas are unaware of reservation benefits or lack access to application processes due to digital divides and bureaucratic hurdles, the committee wants the department to undertake awareness campaigns and collaborate with NGOs and community leaders to reach remote areas.

It quotes the project of Ashoka University where it has partnered with Jawaharlal Navodaya Vidyalayas and other organisations to support admissions for students from underrepresented backgrounds.

Caste discrimination

The panel has also talked about the caste based discrimination in premier institutions and recommended the enforcement of strict anti discrimination policies.

“Students admitted under reservation quota, particularly SC/ST backgrounds also face stigma and discrimination from peers and faculty in premier HEIs which negatively impacts their performance and their mental health. The committee, therefore, strongly recommends enforcing strict anti-discrimination policies/laws in institutions with grievance redressal cells to address caste-based issues. Also, sensitization programs for faculty and students in this regard should be conducted regularly,” it adds.

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SC ST OBC scholarships

Enlisting certain schemes, the panel states that it appreciates the efforts undertaken by private HEIs to financially support their students.

“For instance, the committee was pleased to note that 49% of students at Ashoka University are on some form of financial aid, which undoubtedly contributes to an inclusive and diverse student body. Similarly, the committee appreciated the Vidyagyan scholarship at Shiv Nadar University which supports students from school education through university,” it added.

The committee adds that such schemes support diversity in social groups as well.

“At Shiv Nadar University, the Masters in Rural Management program is nearly fully funded by scholarships, resulting in a class composition which is more diverse (38.8% ST, 25% OBC, and 16% SC). The Committee also appreciates Azim Premji University’s Socio-Economic Disadvantage (SED) index, which enables the university to consider each applicant’s individual social and economic circumstances in deciding on an application,” it added.