ST XAVIER S COLLEGE THROUGH ITS PRINCIPAL, FR J M DIAS Vs. UNIVERSITY OF MUMBAI THROUGH ITS VICE CHANCELLOR, FORT, MUMBAI

JUDGEMENT

(1.) The challenge in this Petition under Article 226 of the Constitution is to the Circular dated 30-05-2001 issued by the Respondent No.1 University directing reservation for students belonging to backward classes in educational institutions conducting courses in Arts, Commerce, Science and other professional courses affiliated to the Respondent No.1 University including such educational institutions established and administered by minorities.

(2.) The Petitioner No.1 is a College established by the Bombay St.Xavier's College Association which imparts education to students pursuing degree courses in Arts, Science and Commerce streams, registered under the Societies Registration Act, 1860 and the Bombay Public Trust Act 1960. The Petitioner No.2 is the Association of the Educational Institutions registered under the Societies Registration Act, 1860, which are stated to have either religious or minority status. It represents the Colleges enumerated in the list annexed at Exh.A to the Petition. Respondent No.1 is a University constituted under the Bombay Universities Act 1974 which was replaced by the Maharashtra Universities Act, 1994. Respondent No.2 is the Registrar of the Respondent No.1 University. Respondent No.3 is the State of Maharashtra.

(3.) The impugned Circular stipulates reservation for students belonging to backward classes for admission to various courses to the extent of 50% of seats by implementing the reservation policy of the Government of Maharashtra as notified vide Government Resolution dated 11-07-1997. The percentage of reservation prescribed is as under :