124th Constitutional Amendment- Quota in Higher Education Across All Private Institutions (Download PDF)

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The government, sources said, is confident that the decision to extend SC, ST, OBC reservation, along with EWS quota, to private institutions will pass political muster in both Houses of Parliament since the 93rd Constitutional amendment, which paved the way for quota in private institutes, came in 2006 when the UPA was in power.

Image of Private Institution

Image of Private Institution

Image of Private Institution

Institutions run by the Centre will have to increase their student strength by almost 25 per cent in order to accommodate the EWS (Economic Weaker Section) reservation without affecting the current number of SC, ST, OBC and general category seats

Under the 124th Constitutional amendment, the HRD Ministry has decided that from this year itself the quota for EWS category will be applicable. While implementing this, it will ensure that reservation for SCs, STs and OBCs does not get affected.

Reservation in Private Institutions

The government is confident that the decision to extend SC, ST, OBC reservation, along with EWS quota, to private institutions will pass both Houses of Parliament since the 93rd Constitutional amendment, which paved the way for quota in private institutes, came in 2006.

  • Currently, student reservation is provided in many private institutions although it is not mandatory under a central law.

  • Majority of its recognised private institutes provide reservation for students as directed by the state they are located in.

  • With the exception of Rajasthan and West Bengal, almost all state governments make it mandatory for technical institutes and colleges to provide reservation for SC, ST and OBC students.

  • Government will leave it to them and ask them to put up their action plan (for implementation) on their websites.

Details of the EWS Quota

  • Reservation for SCs, STs, OBCs and economically weaker sections in the general category will be extended in higher education to all private institutions from the new academic session starting July.

  • The central government might introduce a Bill in the upcoming Budget session of Parliament to implement Tuesday’s decision, which comes 12 years after the Constitution was amended to pave the way for reservation in private educational institutions.

  • Government may not take the legislative route to implement the newly announced 10 % cent quota for the Economically Weaker Sections (EWS) of the general category in central educational institutions. It will be introduced through an executive order this week.

  • Institutions run by the Centre will have to increase their student strength by almost 25 per cent in order to accommodate the EWS reservation without affecting the current number of SC, ST, OBC and general category seats.

What is EWS Quota?

  • EWS quota, will be the same as for the OBC creamy layer. In other words, a person whose family has a gross annual income below Rs. 8 lakh will be identified as a beneficiary under the new quota. The family includes “the person who seeks the benefit of reservation, his/her parents, siblings below the age of 18 years, his/her spouse, and children below the age of 18 years”.

  • Currently, the annual intake of central institutions — including institutes of national importance such as IITs, NITs and IIMs, central universities, central open university, colleges and government and government-aided deemed universities is 9.28 lakh seats.

  • Although central institutions will be permitted to stagger the 25 per cent increase, it is unclear in how many years they will have to wrap up implementation.

  • The HRD Ministry has given no information on additional financial burden on central institutions on account of the increase in student strength- an initial estimate shows it can cost as much as Rs. 4,000 crore.

- Published/Last Modified on: April 25, 2019

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