From the two existing Acts, IIM Ahmedabad is bound to implement the GoI reservation norms in its 2020 PhD admissions

[dropcap]A[/dropcap]n attitude of prejudice has been prevailing in the institution of IIM Ahmedabad since 1971 in its Fellow Program in Management (FPM) or doctoral program, in implementing the Government of India (GoI) reservation norms. Again and again it has been in news for not mentioning the GoI reservation norms through its respective portal for the doctoral program admission 2020 and therefore amounting to ignore the legal provisions in implementing the reservation norms.

Interestingly it's been one month since the publication of an article here in The Leaflet on the same topic in highlighting IIM Ahmadabad's issue of not informing the reservation norms and thereafter not implementing the same in its 2020 PhD admission process. But the mindset of the institute has still not changed. So, this article explains the legal provisions for reservations, that the institute should follow in its admission process for the 2020 PhD programs.

IIM Ahmedabad's PhD Admission Process as Unconstitutional:

There are two parliamentary acts as legal evidences to show that the IIM Ahmedabad' PhD 2020 admission process, as wholly unconstitutional and discriminatory. The two acts are as follows:

1. The Central Educational Institutions (Reservation in Admission) Act, 2006

2. The Indian Institute of Management (IIM) Act, 2017

1. The Central Educational Institutions (Reservation in Admission) Act, 2006:

This is an act of parliament passed in the year 2006 and enacted as a parliamentary law in January 3, 2007. It provides the reservation of seats to the students of STs, SCs and OBCs with a share of 7.5 percent, 15 percent and 27 percent respectively in admissions. Annually in each course of study the respective students are admitted accorded to their share of reservation percentage.

For example: Out of 100 seats sanctioned to any central educational institution, 7+15+27 = 49.5 seats should be reserved for STs, SCs and OBCs respectively according to their percentage.

Therefore roughly the institute should reserve, half of its sanctioned strength of seats in admission to reservation students through this act.

As per all Indian Institutes of Management (IIMs) are concerned, they are registered as societies under the Societies Registration Act, 1860 (or State Societies Registration Acts).

According to Section 2 (d) (v) of the Central Educational Institutions (CEI) Act, 2006 states that,

"Central Educational Institution means, an educational institution set up by the Central Government under the Societies Registration Act, 1860".

This section of the law exactly clears the position of all IIM institutions as central education institutions.

Furthermore according to Section 3 (i), (ii) & (iii) of the CEI Act, 2006 states that,

"The reservation of seats in admission and its extent in a Central Educational Institution shall be provided in the following manner, namely:—(i) out of the annual permitted strength in each branch of study or faculty, fifteen per cent. seats shall be reserved for the Scheduled Castes; (ii) out of the annual permitted strength in each branch of study or faculty, seven and one-half percent. seats shall be reserved for the Scheduled Tribes; (iii) out of the annual permitted strength in each branch of study or faculty, twenty-seven per cent, seats shall be reserved for the Other Backward Classes".

The above provisions of the law clearly says that the quota for STs, SCs and OBCs should be provided at a ratio of 7.5 percent, 15 percent and 27 percent respectively to the students in admission.

Also according to Section 4 (d) of the CEI Act, 2006 states that,

"The provisions of section 3 of this Act shall not apply to, a course or programme at high levels of specialization, including at the post-doctoral level, within any branch of study or faculty, which the Central Government may, in consultation with the appropriate authority, specify".

From this very section of the act, it is very clear that the PhD programs are not included in the above provision to stop the reservation in admissions in all IIMs to the students of STs, SCs and OBCs. So, therefore there is no law on this land to stop all IIMs to follow the constitutional norms of reservation in PhD admissions for STs, SCs and OBCs students. Thus IIM Ahmedabad is no exceptional in doing the constitutional job as defined by the law through this very Act.

2. The Indian Institute of Management (IIM) Act, 2017:

This is an act of parliament passed in the year 2017 and enacted as a parliamentary law in December 31, 2017. The Act clearly mentions the position of all IIMs as central educational institutions according to CEI Act, 2006.

According to Section 8 (3) of IIM Act, 2017 states that the,

"Institutes to be open to all irrespective of sex, race, creed, caste or class. The admission to every academic course or programme of study in each Institute shall be based on merit assessed through transparent and reasonable criteria disclosed through its prospectus, prior to the commencement of the process of admission by such Institute: Provided that nothing in this section shall be deemed to prevent the Institute from making special provisions for the employment or admission of women, persons with disabilities or for persons belonging to any socially and educationally backward classes of citizens and, in particular, for the Scheduled Castes and the Scheduled Tribes: Provided further that every such Institute shall be a Central Educational Institution for the purposes of the Central Educational Institutions (Reservation in Admission) Act, 2006 (5 of 2007)".

The IIM Act, 2017 also confirms its stand in the reservation in admissions, to be applied as constitutional norm in all admission processes at all IIMs. As all the IIMs are governed under the Central Educational Institution Act, 2006. Under these terms through the very Act, IIM Ahmedabad is bound to implement the reservations in admissions for 2020 PhD programs for the students belonging to STs, SCs and OBCs.

The Case of IIM Ahmedabad as an Institutional Prejudice:

For a strange fact, IIM Ahmedabad been only the institute in India out of 20 IIMs in ignoring to notify about the Government of India's reservation norms in its website for the 2020 PhD admissions and thereafter ignoring wholly in implementing.

The information provided below gives the exact picture of all IIMs in notifying the affirmative action policy in its PhD admissions for 2020, collected through respective IIM websites. Out of all 20 IIMs, the 6 IIMs which started PhD admissions for 2020, only 5 IIMs mentions about the GoI reservation norms in their respective websites and not the IIM Ahmedabad in their website. In other 14 IIMs, out of which 12 IIMs have not yet released their admission processes for the 2020 PhD programs and remaining 2 IIMs have no PhD programs in their institutions.

Public Notification of GoI Reservation Norms in All IIM's Web portals:

Conclusion:

It is not the first time the institute, IIM Ahmedabad has done this lawless act. There have been so many instances in which it deliberately ignored the affirmative action policies both in admissions of students and also in the faculty recruitment for many years. Even as of now, the institute's position is clear form the website that they don't want to follow the reservation norms according to the law laid down by the parliament. If this continuous to happen, then there will a legal battle in the Indian courts that the institute going to see in near future to lose its academic credentials and to be questioned furthermore in every day administrative actions of its own. The institute should wake up with the updated laws that mandates them to apply the constitutional job. If still they are adamant, then their position is clear, that they don't want any ST, SC and OBC students in their premises. Therefore its evident to say that the IIM Ahmedabad still practices conventional social set up of caste through this very act of disobeying to the laws, laid down by the supreme legislative body Parliament.