Despite comprising 90% of India’s population, only 0.53% of students in private institutions are from ST, 0.89% from SC, and 11.16% from OBC communities. 
India

Article 15(5) Provision for SC/ST/OBC Quota in Private Educational Institutions: 90% of Bahujan Population, But Only 0.53% ST, 0.89% Dalit & 11% OBC Students Enrolled!

India has 517 private universities and over 45,000 degree colleges, with only 21.5% government-run (where reservations apply) and 78.5% private (without reservations).

Geetha Sunil Pillai

New Delhi- In a fiery press conference, Congress leaders Rajendra Pal Gautam, Dr. Vikrant Bhuria, and Anil Chaudhary lambasted the BJP-led central government for its failure to implement constitutional reservations for Scheduled Castes (SC), Scheduled Tribes (ST), and Other Backward Classes (OBC) in private educational institutions under Article 15(5). Citing a recent parliamentary committee report chaired by senior Congress leader Digvijay Singh, they revealed a shocking statistic: despite comprising 90% of India’s population, only 0.53% of students in private institutions are from ST, 0.89% from SC, and 11.16% from OBC communities.

Blaming the BJP’s 11-year inaction, privatization, and soaring fees, they demanded immediate legislation, free coaching, scholarships, and anti-discrimination measures to ensure equitable access for Bahujan students. The leaders underscored Congress’s commitment to social justice, contrasting it with what they called the BJP’s “corporate raj” prioritizing profits over equality.

Article 15(5) and Legal Victories, Yet No Implementation

AICC SC wing National Chairperson, Rajendra Pal Gautam opened the press conference by highlighting India’s growing population and the corresponding need for expanded higher education infrastructure. He noted that while government institutions have been inadequate, private institutions have mushroomed but remain inaccessible to SC, ST, and OBC students due to the absence of reservations and exorbitant fees. Gautam recalled the landmark amendment under UPA-1, led by former Prime Minister Manmohan Singh, which introduced Article 15(5) to provide 27% reservation for OBCs, 15% for SCs, and 7.5% for STs in higher educational institutions, including private ones.

He outlined three critical Supreme Court judgments upholding this provision: In 2008, Ashok Kumar Thakur vs Union of India saw the constitutional bench validate reservations for SC/ST/OBC in private institutions. In 2011, the Indian Medical Association’s challenge was dismissed, reinforcing the ruling. Finally, in 2014’s Pramati Educational and Cultural Trust vs Union of India, the apex court declared Article 15(5) constitutional, affirming it does not violate fundamental rights. Gautam emphasized that both central and state governments have the authority to enforce it, yet no effective law has been enacted in the 11 years since the BJP assumed power in 2014.

Gautam highlighted fee structures as a major barrier: At BITS Pilani, a B.Pharm degree costs approximately ₹11 lakh annually, totaling ₹44 lakh for a four-year course. At OP Jindal Global University, a BA program in 2025-26 incurs ₹6.5 lakh in tuition and ₹3.5 lakh in hostel fees, totaling nearly ₹10 lakh per year. Longer courses, like a six-year BA Honors in Architecture, can exceed ₹60 lakh. He argued that even SC/ST/OBC bureaucrats in Class 1 services cannot afford such costs, perpetuating educational exclusion.

AICC's ST, SC and OBC wings' chairmen Vikrant Bhuria, Rajendra Pal Gautam and Anil Jaihind demanded immediate legislation, free coaching, scholarships, and anti-discrimination measures to ensure equitable access for Bahujan students.

Parliamentary Report: Only 12% Bahujan Representation

The leaders extensively cited the Standing Committee on Education, Health, Women, and Youth’s report, submitted to Parliament last year under Digvijay Singh’s leadership. After dialogues with vice-chancellors, higher education officials, and premier institutions, the committee revealed stark disparities: only 0.89% of students in private institutions are from SC, 0.53% from ST, and 11.16% from OBC backgrounds, totaling just 12% for a Bahujan population that constitutes 90% of India.

Chairman of AICC Tribal wing, Dr. Vikrant Bhuria, speaking next, invoked Babasaheb Ambedkar’s words, calling education “the milk of a lioness” that empowers all who partake, emphasizing that voting rights and reservations are essential for equality. He accused the BJP of a “planned conspiracy” to weaken public institutions by not establishing new ones and closing existing ones, pushing education into private hands where reservations are absent. Bhuria termed the 12% Bahujan representation a “mockery of democracy,” given their 90% population share.

The committee, comprising 31 MPs from various parties, unanimously recommended 15% reservation for SCs, 7.5% for STs, and 27% for OBCs in private higher education. Bhuria hailed Article 15(5) as a “revolutionary amendment” but criticized Prime Minister Narendra Modi for failing to pass enabling legislation in 11 years, alleging the government prioritizes corporate interests over Bahujans. He linked this to broader injustices like vote theft, job losses through PSU privatization, and denial of education, impacting 90% of the population.

The report also highlighted caste-based discrimination in premier institutions, noting that SC/ST students admitted under reservation quotas face stigma and discrimination from peers and faculty, adversely affecting their performance and mental health. The committee recommended strict anti-discrimination policies, grievance redressal cells, sensitization programs, free coaching, bridge courses, and scholarships to prevent dropouts due to financial or social pressures.

BJP’s Inaction and Urgent Call for Action

AICC's OBC wing Chairman , Dr Anil JaiHind accused Modi, who claims OBC identity, of causing more harm to OBCs than even Manusmriti proponents. Chaudhary noted that the UPA’s law was upheld by the Supreme Court on January 29, 2014, just before elections, but the BJP has “sat on it” for 11 years while passing EWS reservation in just 48 hours.

He cited parliamentary data: India has 517 private universities and over 45,000 degree colleges, with only 21.5% government-run (where reservations apply) and 78.5% private (without reservations). Chaudhary called the past 11 years the “darkest period” for SC/ST/OBC since independence, alleging a revival of Manuvadi practices through costly, privatized education. He criticized practices like “Not Found Suitable” (NFS) in appointments, where qualified SC/ST/OBC candidates are rejected, and the non-revision of the OBC creamy layer limit (stuck at ₹8 lakh since 2017, due for review in 2020).

Chaudhary demanded that unfilled non-creamy layer OBC seats be allocated to creamy layer OBCs, akin to EWS norms. He praised Rahul Gandhi’s push for a caste census, contrasting BJP’s initial mockery with their reluctant acceptance under public pressure, but questioned the delay (due in 2021) and scope, urging a comprehensive survey like Telangana’s, covering social, economic, educational, and political dimensions. He also called for implementing the remaining 38 Mandal Commission recommendations and adding Telangana and Bihar’s OBC reservation demands to the Ninth Schedule.

The leaders lauded Digvijay Singh’s report as a milestone in social justice, akin to the Mandal Commission. They urged the central government to enact legislation for full implementation of Article 15(5), enforce reservations in private institutions, and provide support mechanisms for marginalized students. The conference concluded with an invitation for journalists’ questions, reaffirming Congress’s commitment to justice, equality, and fraternity.

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