Should the Government Ensure OBC Quota in Private Colleges?
Synopsis
Key Takeaways
- Article 15(5) allows reservations for SC/ST/OBC in private institutions.
- 27% OBC reservation in Centrally-funded colleges has significantly benefited students.
- Congress urges extension of reservations to private colleges.
- Supreme Court supports the validity of Article 15(5).
- New regulatory body proposed for higher education oversight.
New Delhi, Jan 20 (NationPress) - In a push for extending quotas to private higher education institutions, Congress MP Jairam Ramesh on Tuesday marked the anniversary of a significant UPA-era legislation that was enacted on January 20, 2006, which established a 27 percent reservation for OBCs in Centrally-funded colleges.
The Congress General Secretary responsible for Communications took to social media, stating, “On this momentous occasion, the Congress Party reaffirms its dedication to social justice as outlined in Article 15 (5) and urges the Modi Government to fully implement it.”
On the anniversary of this pivotal quota law, Ramesh advocated for actions to ensure reservations for Scheduled Castes, Scheduled Tribes, and OBC students in private higher education institutions as well, as suggested under the Article.
Article 15(5) of the Indian Constitution, which allows reservations for SC/ST/OBC in educational institutions (including private unaided ones, excluding minorities), was enacted on January 20, 2006, following the 93rd Constitutional Amendment Act, 2005.
Ramesh noted on X, “The Viksit Bharat Shiksha Adhishthan Bill, 2025, aimed at creating a single regulatory body for higher education in the nation, was presented in the Lok Sabha on December 15, 2025, and subsequently referred to a Joint Parliamentary Committee the following day.”
He emphasized that any such regulatory body should be tasked with overseeing the implementation of Article 15(5) of the Constitution, which came into force exactly twenty years ago today, adding that the Article was introduced by Dr. Manmohan Singh’s Government through the 93rd Amendment.
Ramesh praised the Amendment, stating, “It was a transformative moment that allowed for the introduction of 27 percent reservations for OBC students in Centrally-funded higher education institutions (HEIs), including IITs, IIMs, Central Universities, and NITs.”
“Since then, countless students from OBC communities have benefited from this reservation, facilitating economic and social mobility for millions,” he remarked.
Article 15(5) also enables the Government to mandate reservations for students from Scheduled Castes and Scheduled Tribes, as well as OBCs in private educational establishments, he stated.
“However, this provision faced challenges in the Supreme Court. It was only on May 6, 2014, that the Supreme Court, in the Pramati Educational and Cultural Trust versus Union of India case, unequivocally upheld the validity of Article 15(5), confirming that reservations for SC/ST and OBC students are permissible in private higher education institutions as well. Yet, there is currently no legislation passed by Parliament that enforces Article 15(5),” Ramesh wrote.
The former Union Minister mentioned that in August 2025, the Parliamentary Standing Committee on Education released a report urging Parliament to enact a law mandating reservations for SC, ST, and OBC communities in private higher educational institutions, citing their abysmally low representation in these institutions.