Maharashtra files SLP against HC verdict in minority institutions reservation case

Swati Deshpande| TNN | Jun 29, 2018, 16:09 IST

Mumbai University

MUMBAI: About six months after the Bombay high courtcame to the aid of minority educational institutions and held that they need not reserve seats for backward class students, Maharashtra government has finally moved the Supreme Court against the ruling.
The state had recently stayed degree college admissions over quota reservations.

The high court, in its landmark ruling last October by a bench of Justices Amjad Sayed and MS Karnik, had set aside as unconstitutional, a circular issued 17 years ago by the Mumbai university.

The 2001 circular imposed a 50 percent reservation for backward class in minority colleges offering arts, science, commerce and other professional courses.

St Xavier’s College, a leading minority educational institution, through its then principle Fr JM Dias and the Maharashtra Association of Minority Educational Institutions had immediately challenged its validity, fairness and constitutionality.

The HC had set aside the circular dated May 30, 2001 to the extent it provides 50% reservation of seats for backward class students for admission to all courses mentioned in it, in minority colleges.

The state, which recently stayed admission process, had said it would move the SC. It filed a special leave petition days before the SC reopens after summer break. The SLP filed through state lawyer Nishant Katneshwarkar has sought condonation of a delay of about five months in the filing. Rules provide for a SLP to be filed within 90 days of the HC judgment.

The SLP seeks to undo the “injustice” to students from minority section.

“The case in hand is a classic example of “Summam Jus Summa Injuria” i.e. extreme justice is extreme injustice,” says the SLP. It lists out two scenarios for the SC to have a “proper consideration of the case”.

The first illustration says there are many religious or linguistic minority institutions imparting education. “A student from a wealthy family will be able to get admission in a linguistic minority institution on the basis of his linguistic minority but a student from down trodden class will not be able to get admission as he does not belong to that minority quota.”

The second scenario states, “It is a fact that in most of the minority institutions, the required number of students from that particular minority are not admitted. No doubt, the State can take action of withdrawal of their recognition as a minority institution, being the welfare State, the State has not taken action against such minority institutions with a benevolent intention that the students who are taking education in the said institutions should not be deprived of from their education.”

The SLP will be mentioned for a hearing on Monday.

The HC held that under the Constitutional amendments brought about in 2006, ‘minority’ educational institutions "both aided and unaided are exempted from enforcement of the reservation policy of the State in respect of backward class of citizens."

The issue would be whether the state policy is applicable to minority institutions.

In 2002, the HC had stayed the circular. Its interim order, then, had directed that reserved category students could compete for admission on merit with open category students in the balance 50 percent seats from ‘non-minority’ quota. The stay continued till the matter was finally decided.

The Constitution under Article 30 (1) provides for rights of religious and linguistic minorities to establish and run educational institutions.


The field of minority and unaided institutions has been fraught with legal tussles with states. Institutions often had to seek clarity and respite against restrictive regulations, from the Supreme Court.


In 2006, the 93rd amendment to the Indian Constitution mended some pain for minority institutions and proved to be a game changer. It brought in Article 15(5) which barred states from making any special salutary law for admission of socially and educationally backward class or reserved category students to minority educational institutions. Such laws, to promote education among other backward classes were however allowed in unaided educational institutions.

In 2008, a five-judge bench of the SC had upheld the constitutional validity of Article 15(5) and the exemption given to minority institutions. The validity of Article 15(5) was again questioned, now by private unaided institutions in Pramati educational trust case. The SC once again, in 2014, held that 'minority' educational institutions, aided or unaided, are not within the state’s purview.


"The circular is violative of Articles 30 (1) read with Article 15(5) of the Constitution of India. It cannot be sustained,’’ said the HC bench after analysing the SC rulings. It allowed St Xavier’s plea but clarified that it was for the state to verify which of the association’s members are infact minority institutions.

Source : https://timesofindia.indiatimes.com/city/mumbai/maharashtra-files-slp-against-hc-verdict-in-minority-institutions-reservation-case/articleshow/64793661.cms

Mumbai University Admission 2018: Second merit list released, 5,057 seats allotted

Updated Jun 29, 2018 | 12:28 IST | Times Now Digital

Mumbai University Second merit list 2018 has been released. Check St Xaviers, Mithibai college cut off, Jai Hind college cut off soon.

Mumbai university second merit list 2018 has been released by different colleges under the corpus of the university. 5,057 seats have been allotted to candidates by the virtue of the second merit list, released yesterday. The process of Mumbai University Admission 2018 had come to a halt earlier this week due to protests by minority students.  In total, there were 9,506 applications for the second round of merit list. Candidates have to confirm their admissions by tomorrow, June 30.

A significant dip of 2-3% in the cutoffs has been observed since the first merit list, which was released on June 19. At Jai Hind College, the cut off for Computer Science has dropped to 91.83 per from 93.6 per cent. In Electronics, the cut-off has dropped from 91.8 per cent to 88.8 per cent in the second merit list. Mithibai College, too, observed a dip in cut-offs— Computer Science cut-off dropped from 94.6 per cent to 92.6 per cent and that for Electronics dropped from 91.8 to 89.2 per cent.

Following the second merit list, 4,899 students were allotted seats in the Science stream. In the first round of Mumbai University Admission 2018, of the 14,578 applications received in total, 7,425 were allotted seats, as per data shared by the Express.

The maximum number of applications were for Commerce stream. More than 1.43 lakh candidates have taken admission in Commerce courses. This accounts for over 62 per cent of the total 2.31 lakh applications received this year. Science stream received 66,976 applications while the Arts stream received 19,459 applications.


Source : https://www.timesnownews.com/education/article/mumbai-university-admission-2018-second-merit-list-released-5057-seats-allotted/247519

Mumbai University pupils antsy over stayed degree admissions

Mumbai: After the state government last week directed universities in Maharashtra to halt the degree admission process, Mumbai University (MU) students have grown anxious as the dates of the second and third merit lists—June 22 and 27, respectively, have gone by. If the delay continues, chances are high that the academic calendar will be derailed. Last week’s decision to halt degree admissions came in the backdrop of MU’s minority institutions and colleges removing the quota for students belonging to backward classes.

The first list that came out last week did not have any quota for backward students i.e. scheduled caste (SC), scheduled tribe (ST) and other backward class (OBC). This was the first time that there was no separate list for these students, which was in keeping with the Bombay high court order passed in November 2017 permitting minority institutes to get rid of separate quota for reserved categories. At the same time, seats for open or general category students were almost double in the same list. Until such time the matter is cleared by the state, the MU cannot resume the degree admission process.

Ruchi Arun, a student, said, “The first merit list was out but my name did not show up and I was desperately waiting for the second list. Then I got the news from my friends and the internet that the second list was being halted. It’s been more than seven to eight days now that I am waiting and there is no sign of any lists.”

Another student said, “I asked my college about the lists but the principal told me to wait. How are we supposed to relax and wait with the dates going by!”

Source : http://www.asianage.com/metros/mumbai/280618/mumbai-university-pupils-antsy-over-stayed-degree-admissions.html

How different is the proposed HECI from the present UGC?
The Hindu Net Desk | JUNE 29, 2018 11:16 IST

The Hindu Explains

The Centre has decided to establish a Higher EducationCommission of India (HECI) in the place of the University Grants Commission (UGC). A draft Higher Education Commission of India (Repeal of University Grants Commission Act) Bill, 2018, is being circulated among stakeholders to invite suggestions.

Touted as a key reform in higher education sector, the Bill if passed by the Parliament, will separate the academic and funding aspects of the sector.

Here are the key differences between the proposed Higher Education Commission of India from the present University Grants Commission:

Financial powers

UGC: It disburses grants to Central institutions out of its funds

HECI: It will specify standards for grant of authorisation to a university or higher educational institution to commence its academic operations

Academic powers

UGC: It is mandated to promote and coordinate university education and determine and maintain standards of teaching, examination and research.

HECI: It will specify standards for grant of authorisation to a universaity of higher educational institution to commence its academic opeartions.

Inspection

UGC: To assess financial needs or standards of teaching in an institution, UGC conducts periodic inspections

HECI: No inspections.The body will prescribe norms on academic performance by higher educational institutions.

Action on bogus institutions

UGC: Affiliations of colleges to universities can be terminated for contravention of its regulations. It can withhold grants to universities for violations of its regulations. It occasionally publishes lists of bogus institutions.

HECI: It will be empowered to penalise or even shut down sub-standard institutions without affecting students' interests. If the management of the institution does not comply with the penalties, they can land in jail for up to three years.

Composition

UGC: Has a Chairman, a Vice-Chairman, and 10 members appointed by the Central government, some ex-officia members and some from academia, industry. The Chairman's retirement age is 65 and has a term of 5 years, with an extension of additional 5 years.

HECI: It shall comprise a Chairperson, a Vice-Chairperson, and 12 members to be appointed by the Centre, including educationists and a member of the industry. The Chairperson's retirement age is 70, will hold office for five years.

Disputes

UGC: In case of any dispute between the Centre and the UGC on policy, the Centre prevails.

HECI: The Centre prevails in case of any dispute between the Centre and the HECI on policy.

Regular staff

The UGC appoints its own staff. The same will apply to the HECI as well. The present staff of UGC will be re-trained to work on fully digital mode — without physical files — at HECI.

Source : https://www.thehindu.com/education/colleges/how-different-is-the-proposed-heci-from-the-present-ugc/article24287473.ece

‘Politicians shouldn’t get involved in educational matters’: Academics on scrapping UGC

Prakash Javadekar announced that the Centre intended to scrap the UGC, and replace it with a ‘Higher Education Body’.

Titha Ghosh | Thursday, June 28, 2018 - 13:14

The National Democratic Alliance on Wednesday announced its ambitious plan to reform higher education in the country. The Human Resources Development Ministry, headed by Prakash Javadekar, announced that it has drafted a bill titled ‘Higher Education Commission of India (Repeal of UGC Act), 2018’, which plans to scrap the University Grants Commission and replace it with a ‘Higher Education Commission’.

Academicians have questioned this move, asking why should the government replace the UGC with another body headed by the Centre.

Eminent educationist and renowned theatre artiste Mangai told TNM, “Any body or committee that is centralized and monitors the function of higher education, in essence, is a stooge of the Central government. This just chokes the efforts of higher educationists from having their own autonomy.”

She added, “I don’t think changing the committee will help in any way. The UGC also works under the government. I do not see the need for a new body to come up. And if the original committee is not functioning properly, it is the government itself that needs to take the responsibility for it.”

Jayaprakash Gandhi, a renowned academician, too, asked why politicians were getting involved in such matters.

“The government keeps making such attempts, and never really goes forward with implementing it. Politicians should not involve themselves in the decision-making processes of the education system. A separate, independent body must look into such matters,” he said.

He further said, “Most decisions are getting political simply so that the parties have more say in decision-making regarding education. Instead, we need a group of core educationists and veteran academicians who can take the country forward.”

According to the ministry, the UGC is currently more into the ‘government’ than ‘governance’. It claimed that the UGC, as a body, is supposed to look into the various aspects of university regulations. Instead, it has been focusing more on granting funds to educational institutions.

The draft bill has reportedly been in the works for a few months now.

“There has to be a transparent and accountable body that is not swayed by political interests. Most universities cannot maintain the quality they are supposed to embody. The Centre wants to take all decisions, but the committees need to be granted more autonomy in looking into the regulatory functions of the institutions in order to preserve their quality,” Jayaprakash added.

The HRD Minister has sought responses from stakeholders and educationists from across the country by July 7. A press release put out by Javadekar included the announcement of the budget required for the ‘revamping’ of the UGC Act, and reformation of the current regulatory framework. It also emphasized on how the introduction of such reform “would provide a more holistic growth of the education system.”

Mangai added, “This particular government has been highly intrusive. There has been a lot of interference by the government in the way the higher education institutions are run. Right from the admission process to the intake of research scholars, everything has been interfered with which has led to widespread dissatisfaction within the faculties. I agree, the UGC has its problems but I think they should address it on an institution-specific basis. That should be done by the academicians in the higher education sector and not the government.”

Source : https://www.thenewsminute.com/article/politicians-shouldn-t-get-involved-educational-matters-academics-scrapping-ugc-83815

State govt yet to move SC, degree admissions may be further delayed

tnn | Jun 26, 2018, 23:53 IST

Mumbai: Degree college admissions, that were put off by the state government, may be further delayed as the government is yet to file the special leave petition in Supreme Court. The government plans to challenge the Bombay high court’s decision which quashed reservation for backward category students in minority institutes.

While the second list of Mumbai University was due on June 22, colleges were asked not to release it and wait for about 10 days before probably restarting the admission process all over again, that is, from the first merit list if the SC orders in favour of the reservation.

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Several student organisations met higher and technical education minister Vinod Tawde who informed them that the government had sought legal opinion from the advocate general and only after receiving it, the SLP would be filed. “We informed the minister that we were ready to be party in the petition,” said MNVS vice-president Santosh Gangurde. Student bodies’ representatives were informed that if the fight in SC took long, admissions would be further delayed, added Gangurde.

City colleges have already released their first merit list and there is an air of uncertainty on whether these admissions will hold good or not. In fact, some of the prominent colleges are minority institutes, including St Xavier’s, HR, Mithibai, Jai Hind, KC and Narsee Monjee. A recent university directive stated that colleges must conduct admissions in line with the November 2017 HC ruling. The court had set aside as unconstitutional a circular issued 16 years ago by the university, which stated that minority colleges need to reserve seats for backward category candidates.

Of the over 2,800 minority institutes in the state, about 300 are in Mumbai.

A state official said the department has issued instructions to all minority institutes on compiling data of the last three years on admitted students and whether they had filled 50% quota from the minority community. A high-level panel is likely to be set up to monitor minority colleges, said student representatives. tnn

Source : https://timesofindia.indiatimes.com/city/mumbai/state-govt-yet-to-move-sc-degree-admissions-may-be-further-delayed/articleshow/64754287.cms

Colleges calm confused students as Mumbai university halts admissions

For the first time in several years, no separate list for backward category students was put out in minority institutes.

COLLEGE ADMISSIONS 2018 Updated: Jun 23, 2018

A day after the University of Mumbai stopped admissions to degree courses after protests against minority institutions getting a choice to do away with a separate quota for backward class students , colleges were busy calming anxious students and parents, who sought clarity on the issue.

As per the original admissions schedule released by MU, the first merit list was announced on June 19 and for the first time in several years, no separate list for backward category students was drawn in minority institutes. This was in line with an October 2017 Bombay high court order which allowed minority institutes to do away with a separate quota for those from the reserved categories. Following protests from minority groups, MU halted the admissions. The second merit list was supposed to be released on June 22.

One question that was raised by parents and students was about the fate of those who had confirmed their admissions after the release of the first merit list. “Everyone was aware that admissions have been stalled, but students and parents were still anxious to know more. We tried to explain whoever called us on Friday,” said Parag Ajgaonkar, principal of NM College, Vile Parle. Since 2001, minority colleges - both religious and linguistic - offering BA, BCom and BSc and other professional courses, had to share their seats between the open and reserved category applicants. If a minority college has 100 seats, 15% seats were kept aside for the management quota. The remaining 85% seats were divided –42 seats were kept aside for minority students (in-house first, then outsiders) and 43 seats were further divided between open category and those from the reserved categories.

In a writ petition, St Xavier’s College and Maharashtra Association of Minority Educational Institutions had challenged its validity, fairness and constitutionality last year, following which the HC said reservation of seats for backward class candidates shall not apply for minority education institutions affiliated to MU.

On Thursday, various reserved category support groups who met officials of the social justice department as well as the education department at Mantralaya, were assured that the state will now file a special leave petition against the Bombay HC order in the Supreme Court. “Several students from reserved categories have not made it to the first merit list because of the new rule,” said Ajay Tapkeer, from Prahar Student Organisation.

While colleges have currently put on hold the admissions process, many are worried that the process of another petition in the SC might only delay things, but not really bring about any change.

“An older SC order clearly states that reservation in education institutes cannot exceed 50%, so minority institutes are right in their demand. Also, junior college admissions has never drawn a separate list for the reserved category, so it was about time undergraduate courses followed the same rule,” said a principal on condition of anonymity.

Maharashtra govt stays degree admissions over quota

Hemali Chhapia and Sujit Mahamulkar| TNN | Jun 22, 2018

MUMBAI: The state government has ordered universities across Maharashtra to immediately stay the admission process to degree colleges as it is planning to move the Supreme Court challenging the Bombay high court's 2017 decision quashing reservation for backward category students in minority institutes. The decision could derail the academic calendar and affect thousands of students.
While the second list of Mumbai University is due on Friday, colleges will not release it. They will wait for about 10 days before probably re-starting the admission process, that is, from the first merit list if the SC orders in favour of reservation.

 

State education minister Vinod Tawde told TOI, "We are in the process of filing a special leave petition before the Supreme Court against the Bombay high court order. We will wait for the outcome of our SLP; till then, the entire admission process for first-year degree courses has been stayed."

While the Bombay high court order came in November 2017, TOI reported about the change in the admission process on Tuesday and how the merit lists of colleges would have no quota for backward castes. On Wednesday, several student organisations protested against this decision and forced the government to move the SC.

 

Maharashtra Navnirman Vidyarthi Sena vice-president Santosh Gangurde said, "A lot of students' organisations were united on this matter, and we welcome the state's decision to fight the issue in the apex court. This will bring relief to so many backward category students."

 

In 2005, the then Congress government had amended the Constitution, stating that since reservation in minority educational institutions was 50%, there was no question of further social reservations. However, a circular issued 16 years ago by the Mumbai University had stated that minority colleges need to set aside seats for backward category candidates. "In 2005 it was made clear that there will be no reservation for SC\STs in minority colleges. In November 2017, the Bombay high court scrapped a circular issued by the Mumbai University in this connection. The move to approach the SC is against this HC order," added Tawde.

 

The first list of degree colleges on Tuesday contained no quota for backward category candidates in minority institutes, both religious and linguistic. At the same time, seats for open or general category students almost doubled in count.

Some of the most prominent colleges in the city are minority institutes, like St Xavier's, HR, Mithibai, Jai Hind, KC and Narsee Monjee. A recent directive from the Mumbai University stated colleges must conduct admission in line with the Bombay HC ruling of November 2017. The court set aside as unconstitutional the circular issued 16 years ago by Mumbai University.

Rajkumar Badole, minister for social justice department told TOI the minority department will file an SLP on Friday in SC. "We are concerned about reservation for OBCs and SC/STs, which is 25%. It should be intact in minority status institutions and 50% seats should be for the minority community," said Badole. Removing reservations is unconstitutional, he added.

There are 2,800-plus education institutions across the state which hold the minority tag; of these, about 300 are in Mumbai. Meanwhile, an official said the department has issued instructions to all minority status institutions about compiling data of the last three years on admitted students and whether they had filled the 50% quota from the minority community.

College principals are shocked by the state's decision. "We are not aware of it," said Sunil Mantri, secretary of the Minority Colleges Association. "The HC decision came in November last year. Why wake up now? This will derail the entire academic calendar which is already running late because of the on-screen assessment. Worse, despite us being interested parties, we were not even invited for the meeting on Thursday," said another principal.

 Source : https://timesofindia.indiatimes.com/

Second merit list for admission to University of Mumbai degree courses stayed

The second merit list for admissions to first year degree colleges under the University of Mumbai which was to be released on Friday, would be stayed until further notice.

The list has been stayed as the government plans to file a Special Leave Petition (SLP) in the court for including quota for reserved category students in minority colleges. The State education minister promised students the same on Thursday.

A recent directive issued by the university stated that colleges must conduct admissions in line with the November 2017 high court ruling which had set aside a circular issued 16 years ago by MU, that again stated how minority colleges need to reserve seats for backward category candidates.

With the new norms in place, several minority institutes like St Xavier's College, Jai Hind College and Mithibai college had not reserved a quota for students from SC/ST and OBC categories this year.

Several student organisations including the Prahar Vidyarthi Sena, Vidyarthi Bharti , Maharashtra Navanirman Vidyarthi Sena and others met Minister for Social Justice Rajkumar Badole and appealed the government to get the new norm removed.

State education minister Vinod Tawde, who also met the students on Thursday said, that the government has decided to file an SLP and has thus decided to postpone the second merit list for 10 days.

WHY STAY LIST

• List has been stayed as the government plans to file a Special Leave Petition (SLP) in court for including quota for reserved category students in minority colleges  
• Minority institutes like St Xavier’s College, Jai Hind College had not reserved a quota for students from SC/ST and OBC categories this year 

Source :  http://www.dnaindia.com/mumbai/report-second-merit-list-for-admission-to-university-of-mumbai-degree-courses-stayed-2627855

Soon, Mumbai University to put up PhD research work online

TNN | Jun 18, 2018, 02:36 IST

MUMBAI: Soon, PhD research work done by those pursuing it from Mumbai University will be available online for reference. Viva voce of PhD and MPhil candidates will be of open defense nature—a discussion with experts about the research.

Mumbai University on Friday revised some rules on PhD and MPhil through the vice-chancellor’s directives. PhD aspirants will have to complete it in six years which can be extended to a maximum of 10.
It is for the first time that the varsity has sent a limit for aspirants to finish programmes. If duration of research for MPhil is less than 2 sessions or one year and maximum 4 sessions or 2 years, this period for a PhD will be for at least 3 years and maximum 6 years.

Candidates can avail an extension of four years and must complete course work within 10 years. Women and physically challenged researchers can avail another year’s extension for MPhil and two years for PhD. Viva voce of candidates will be in the form of open defence of the thesis.

 Open defence session is a discussion with experts from outside the university who are permitted to question the researcher on the subject of his or her work. University vice-chancellor Suhas Pednekar said that open defense, a UGC norm, was implemented by the university for the first time.

“Though the period for completion of Ph D is decided to be 6 years, we’ll consider extending it to 10 on a case-to-case basis,” said Pednekar.

He added that the validity of PET score will be for 3 years as of now, but the varsity may take a call on reducing it. “Non availability of guides in some subjects is a problem. So, we have to extend the validity to 3 years. In future, we may relook it,” he said.

Following successful completion of evaluation process, the university library will submit an electronic copy of the dissertation or thesis to Inflibnet, an inter-university network, to be made accessible to all institutions and colleges. The varsity will now hold the PhD/MPhil entrance test (PET) online. Also, researchers have to submit progress reports of research work to a panel that will supervise each candidate.

Source : https://timesofindia.indiatimes.com/city/mumbai/soon-mumbai-university-to-put-up-phd-research-work-online/articleshow/64626826.cms