The First Bench comprising Chief Justice R.K.Agrawal and Justice M.Sathyanarayanan was allowing a writ petition filed by the Secretary of Loyola College (Autonomous), meant primarily for Catholics, challenging the May 23, 2012 G.O of the Higher Education Department.
The order had prescribed guidelines for admission of students to Under Graduate/Post Graduate Courses in Government/aided/unaided arts and science colleges for the academic year 2012-13 which stipulated among other things filling up 50 per cent of seats by following reservation.
The G.O was without any Constitutional or statutory basis and the Tamil Nadu Private Colleges (Regulation) Act and Rules framed therein do not empower the Government with any such power to enforce the rule of reservation in the matters of admission in minority educational institutions such as their College, the petitioner had argued.
Concurring with the submissions of the counsel for the college Isaac Mohanlal, the Bench said after the 93rd Constitutional Amendment and as per section 2(d) of Tamil Nadu Act 12 of 2006 by virtue of Article 15(5) of the Constitution, the reservation of seats for Backward Classes, Scheduled Castes, Scheduled Tribes for admission to Private Educational Institutions cannot be made applicable to Minority Educational Institutions referred to in Article 30 (1) of the Constitution.
The bench made it clear that its order quashing the G.O was with respect to the Loyola College alone.