Allahabad, Feb 14 (PTI) The Allahabad High Court hasruled the provision of caste-based reservation in admissionsto unaided self-financed educational institutions across UttarPradesh was "invalid" and "ultra vires" to the Constitution.
The order was passed by a Division Bench comprisingJustice Sunil Ambawani and Justice Y C Gupta on February 11while allowing the writ petition of one Sudha Tiwari who hadmoved the court with the prayer that the entrance examinationfor B.P.Ed (Bachelor of Physical Education) course held in2008 be set aside.The petitioner had submitted that in the advertisementsissued for the entrance examinations, it was stated thatadmissions, for the course will be made to ten unaidedself-financed institutions affiliated to the Deen DayalUpadhyay University, Gorakhpur, and in the process"reservations as provided in the rules of the government of UPwill be applicable".
The University had, in compliance with Section 4 of theUP Admissions to Educational Institutions (Reservation forScheduled Castes, Scheduled Tribes and Other Backward Classes)Act, 2006, fixed a quota of two per cent for STs, 21 per centfor SCs and 27 per cent for OBCs.
The petitioner had qualified in the entrance examinationbut denied an opportunity to take part in counselling and wastold by the varsity authorities that all seats for generalcategory candidates had been filled up and vacancies remainedonly for those in reserved category.
The court, noting that the Supreme Court had in itsjudgement in the case of Ashoka Kumar Thakur vs Union of Indiamade it clear that reservations in private, unaided andself-financed institutions was violative of the Constitution,declared the provision for the same in Uttar Pradesh as"invalid" and "ultra vires" to the Constitution.
The court also set aside the University''s decision toproceed with the admission process providing caste-basedreservations and directed the varsity authorities to considergiving admission to the petitioner "on the basis of herpercentile on merits".