Bombay HC stays Maharashtra’s reservation policy in minority colleges for FYJC admissions

The Bombay High Court on June 12 put a temporary hold on the Maharashtra government's recent decision to implement SC, ST, and OBC reservations in First Year Junior College (FYJC) admissions at minority-run institutions.

A division bench comprising Justices MS Karnik and NR Borkar said, “We find substance in the submissions advanced by the counsels for the petitioners; therefore, the mandate of social reservation will not be applicable in any seats in minority institutions.”

The court has instructed the government to respond to the petition within four weeks. Petitioners will then have two weeks to submit a rejoinder. The matter is scheduled to be heard again on August 6.

The issue revolves around a Government Resolution (GR) issued on May 6, 2025, which introduced social reservations in minority institutions. Earlier, the court had urged the state to consider issuing a corrigendum to the GR.

However, government pleader Neha Bhide informed the court that she had not received any instructions to withdraw the notification.

Defending the government’s stance, Bhide argued, “The rights of the minority community are not being touched by the GR. The minority community can fill up all the seats that they have. It is only at the stage when the seats remain unfilled and the seats are surrendered that the social reservation comes into place.”

She added, “The reservation would be only for the surrendered seats, and this is not a case that violates the constitutional mandate.”

Petitioners strongly opposed the resolution, citing constitutional protections. Advocate Milind Sathe referred to Article 15(5) of the Constitution, which allows the state to make special provisions for socially and educationally backward classes in private institutions, except minority institutions.

Advocate SC Naidu cited Article 30, which protects the rights of minorities to establish and manage their own educational institutions and prohibits the state from discriminating against such institutions, especially in matters of financial aid.

The court was hearing petitions filed by the Solapur-based APD Jain Pathashala Trust, which runs Walchand College of Arts and Science and Hirachand Nemchand College of Commerce, along with another petition from the Maharashtra Association of Minority Educational Institutions.

The petitioners argued that vacant seats under the minority quota are already filled based on merit.

Meanwhile, the Maharashtra School Education and Sports Department released the general merit list for FYJC admissions on June 12, 2025.