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Secretary vs Renjith J.V on 4 February, 2021 cites

T.M.A.Pai Foundation & Ors vs State Of Karnataka & Ors on 31 October, 2002

7. Sri.R.T.Pradeep, learned counsel appearing for the appellants especially the NSS Colleges Central Committee argued that Private Aided Educational Institutions will not come under the purview of S.34 of the 2016 Act. It is also contended that S.2(k) of the 1995 Act and 2016 Act cannot be extended by the Government by an executive order especially when 1995 Act had WA No.1237/2020 & conn.cases -:15:- been repealed. It is the further argument that non minority educational agencies are protected under Art.19(g) of the constitution of India. As per the law laid down in T.M.A. Pai Foundation v. State of Karnataka (AIR 2003 SC 351), such institutions can be regulated by the Government only with reference to the terms and conditions of employment of the teaching staff and non teaching staff and therefore the Government is precluded from bringing reservation to the appointment of teaching and non teaching staff. It is argued that though Clause 5 was inserted in Art.15 of the Constitution of India to implement reservation in private educational institutions, Clauses 4 and 5 in Art.15 operates in different fields. Clause 4 permits reservation in the matter of admission in private educational institutions other than aided or unaided. It is argued that Art.15(4) is in pari materia with Art.16(4) and unless there is an enabling provision under Art.16 to implement reservation in appointment of teaching and non teaching staff in private educational institutions in pari materia with Art.15(5), Government cannot bring in reservation for teaching and non teaching staff in private educational institutions. WA No.1237/2020 & conn.cases
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