Central Varsities like AMU, Jamia and St. Stephen’s that don’t follow Center’s reservation norms

In the last few days, there has been a widespread protest against the Citizenship Amendment Act by the Muslim community. The minority institutions- Aligarh Muslims University, Jamia Milia Islamia University witnessed the most widespread protest against the act, which seeks to provide citizenship to the persecuted minorities of the neighbouring countries.

The minority institutions like- AMU, JMI, St Stephen’s college, and many other such colleges and universities, have reserved 50 per cent seats for the members of the community which controls these colleges. Many of these colleges, revived more than 50 per cent of funding from central or state governments, but they have refused to government norms regarding the quota to SC/ST, OBC, and Economically Weaker Sections (EWS) of the society.

In fact, instead of providing quota to weaker sections of the society, these colleges reserve 50 per cent seats for the minority community. For example- AMU and JMI reserve 50 per cent seats for the Muslim community while Stephen’s reserves the same percentage of seats the Christian community. 

There are thousands of other colleges and universities like AMU, JMI, and Stephen’s, which are funded with public money but do not implement the norms of reservation as mandated by the government.

In T.M.A Pai Foundation v State Of Karnataka case, the court has ruled that the institutions, even if under private management or minority community, would have to implement the government norms, if they receive public funds. 

However, Article 30 provides an absolute right to the linguistic and religious minorities that they can establish and manage educational institutions and also receive grants in aid, while the same provision is not available to the majority. This had led to the proliferation of Madrasas and Christian educational institutions, but the same right is not conferred upon the majority.

A conference on ‘Equal Rights for Hindus’ recently discussed discrimination against Hindus in a day-long and revealing discussion. The organizers asked for amendment in Articles 12, 15, 19, 25 to 30 and insertion of new article 12A, to protect the rights of the majority and conserve its literary texts.

Recently, Jamia Milia Islamia (JMI) and Aligarh Muslim University (AMU) have refused to implement the 10% EWS quota for the general category. While JMI has cited its minority tag as an excuse for not implementing the new quota, the AMU has made the excuse that it will wait for the Supreme Court’s verdict on its minority tag.

Both JMI and AMU are like any other central university and run on taxpayers’ fund. It must give Dalits and Tribals reservation, it is their constitutional right. Institutions like JMI and AMU are learning centres and religious centres, they survive because of tax-payers’ money and aid granted by the government, but they don’t want to follow Indian laws such as granting 10% quota for EWS and reservation for Dalits, Tribals and OBCs.

It is well known that many Christian organizations run education and medical trusts, and being a minority institution, they do not pay taxes despite making a lot of money. These institutions keep reserved seats for people from their communities, and even top colleges such as St Stephens College (funded by Central Government) carry out this practice. Similarly, there are Madrasas and universities run by Muslims, and in their case, the government even provides funds to these institutions.

St Stephen’s College is governed by members of Church of North India, and Supreme Council and the Governing Body Chairperson post is automatically presided by Bishop of Delhi. The Member Secretary of Supreme Council and Governing body is the Principal who is a member of the Church of North India and therefore a Christian.

The liberals and self-keepers of India’s constitutional values are having field days for the past week now, ever since the controversy erupted. They are leaving no stone unturned to vilify the students, and Hindus in general, for their bigoted mind-set, and medieval demands. 

However, it is also worth noting that these same individuals never turn an eye to minority-run educational institutions, who blatantly discriminate against anyone who is not of ‘their’ religious denomination. 

Take for an example, the Jesus and Mary College, affiliated to the University of Delhi. The said college, in an advertisement published in a newspaper, called for eligible candidates to apply for the post of Principal. While no particular qualifications were demanded, the only criteria of ‘eligibility’ was that the person to be a Christian female, preferably a ‘sister’/ ‘nun’ affiliated to any Christian congregation. Additionally, a letter of recommendation from the Parish was also demanded, along with the Baptism certificate.

On the other hand, Hindu temples are facing an assault from “secular” state governments all across the country.

These governments, under various Hindu Religious and Charitable Endowments (HRCE) Acts control Hindu temples and religious institutions, taking advantage of the fact that the Constitution does not protect the rights of the Hindu community as it does in the case of the minorities.

The state governments control the financial resources of the temple, and use it for ‘public welfare’. The ‘minority institutions’ does not allow the members of other faith to become a member of their governing body even if s/he is constitutional head of state while the ‘secular’ governments across the country loot the resources of Hindu institutions.

Hindu religious sites have long been a victim of exploitation by political forces, from the invasion by radical Islamists to current day ‘secular’ governments.