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Kerala
KOCHI, MARCH 22. A Division Bench of the Kerala High Court on Friday sought the views of the State Government on the issue of providing community quota in private aided higher secondary schools run by non-backward and non-minority communities. The Bench comprising Justice S. Sankarasubban and Justice R. Bhaskaran issued the direction to the Additional Advocate General, V. K. Beeran, when six writ petitions challenging the reservation of 10 per cent seats for candidates belonging to the forward communities which run the schools came up for hearing. The court suggested to the Additional Advocate General to have a second look at the notification which reserved such a quota for candidates belonging to non-backward communities. Since the admission to the courses during the academic year was over, he agreed for the proposal. The petitioners had contended that as the Constitution did not provide for the reservation for the forward communities or non-backward communities, such a reservation was bad in law. The counsel for the minority institutions contended that so far as the minority institutions were concerned, they had the freedom to admit students in the quota provided for minority communities. Therefore, the reservation could not be said to be bad. As per the notification, in the private aided minority/backward communities run schools, 20 per cent of the seats could be reserved for candidates belonging to their communities. The petitioner sought a direction to the State Government to provide reservation for backward class candidates only on the basis of their population.
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