Article 15 (5) enables the State to make a special provision, by law, for the advancement of socially and educationally backward classes of citizens or for the scheduled castes and scheduled tribes insofar as such special provisions relate to their admission to educational institutions including private educational institutions, whether aided or unaided by the state, other than the minority educational institutions referred to in clause (1) of Article 30 of the Constitution.
While, Article 21A of the Constitution, provides that the State shall provide free and compulsory education to all children of the age of six to fourteen years in such manner as the State may, by law, determine.
The bench also rejected the contention of non-minority private unaided educational institutions that Article 15 (5) violates the fundamental right to life and personal liberty under Article 21 and a duty under Article 51A(j) to strive towards excellence in all spheres of individual and collective activity.
The court said the contention that this would not be possible if private educational institutions in which a person studies for the purpose of achieving excellence are made to admit students from amongst backward classes of citizens and from the SC and ST, was not founded on the experience of educational institutions in India.
“Educational institutions in India such as Kendriya Vidyalayas, Indian Institute of Technology, All India Institute of Medical Sciences and Government Medical Colleges admit students in seats reserved for backward classes of citizens and for the SC and ST and yet these Government institutions have produced excellent students who have grown up to be good administrators, academicians, scientists, engineers, doctors and the like.
“Moreover, the contention that excellence will be compromised by admission from amongst the backward classes of citizens and the SC and ST in private educational institutions is contrary to the Preamble of the Constitution which promises to secure to all citizens ‘fraternity assuring the dignity of the individual and the unity and integrity of the nation',” the bench said.
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