Rangnathan Mishra committee

It s a very nice report .. infact ..

To understand this report first we should be aware of
1> mandal Commisson Report ( Read DD Basu and Wizard Polity)
2> TMA Pai Case and Islamia University case

So basically our Consti has not defined what "backward" means .. in Art 16(4) We say ..State may reserve any post to any backward class of citizen ..

Now please note two things
a> The word "backward"
b> The word "Class"( not caste)

So in this background Mandal commison sat to identify what exactly the word "Backward" means ?
The commison said " backward means socially and economically backward "
and In Hindus we can see caste as a class but in other socities which has no caste indicators like hold of land , education , trade etc can determine the backwardness


Now what Ranganath Commison has said on this

1. No discrimination whatsoever between the majority community and the minorities;
and, therefore, the criteria now applied for this purpose to the majority community —
whatever that criteria may be – must be unreservedly applied also to all the minorities.

2.recommend that all those classes, sections and groups among the minorities should
be treated as backward whose counterparts in the majority community are regarded as
backward under the present scheme of things.

3.social and vocational groups among the minorities who but for their religious identity would have been covered by the present net of Scheduled Castes should be
unquestionably treated as socially backward, irrespective of whether the religion of
those other communities recognises the caste system or not.

4.The minorities whose counterparts in the majority community are at present covered by the net of Scheduled Tribes should also be included in that net; and also,
more specifically, members of the minority communities living in any Tribal Area
from pre-independence days should be so included irrespective of their ethnic
characteristics.

which originally restricted the Scheduled Caste net to the Hindus and later opened it to Sikhs and Buddhists, thus still excluding from its purview the Muslims,Christians, Jains and Parsis, etc.

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TMA Pai and Islamia case

Here judicary has given two counter statements .. regarding the admissons to Unaided collegs ..
The Art 30 says " establish and administer educational institutions of their choice"
Please note the word used is "of their choice" ==> professional also ...!!

N also this article gives the right to property for minorites .


Plese read these case before ..

RM commison says

1.Article 30 of the Constitution has become quite uncertain, complicated and diluted due to their varied and sometimes conflicting judicial interpretations, we recommend that a comprehensive law should be enacted without delay to detail all aspects of minorities, educational rights under that provision with a view to reinforcing its original dictates in letter and spirit.

2.National Minority Educational Institute Commission should be amended to make it wide-based in its composition, powers, functions and responsibilities and to enable it to work as the watchdog for a meticulous enforcement of all aspects of minorities, educational rights under the Constitution.

3.in minority educational institutions has, in the interest of national integration, been restricted to about 50%, thus virtually earmarking the remaining 50% or so for the majority community – we strongly recommend that, by the same analogy and for the same purpose, at least 15% seats in all non-minority educational institutions should be earmarked by law for the minorities as follows:-

4.(a) The break up within the recommended 15% earmarked seats in institutions shall be 10% for the Muslims (commensurate with their 73% share of the former in the total minority population at the national level) and the remaining 5 % for the other minorities.

(b) Minor adjustments inter se can be made in the 15% earmarked seats. In the case of non-availability of Muslim candidates to fill 10% earmarked seats, the remaining vacancies may be given to the other minorities if their members are available over and above their share of 5%; but in no case shall any seat within the recommended 15% go to the majority community.

(c) As is the case with the Scheduled Castes and Scheduled Tribes at present those minority community candidates who can compete with others and secure admission on their own merit shall not be included in these 15% earmarked seats.

5.backward sections among all the minorities, we recommend that the concessions now available in terms of lower eligibility criteria for admission and lower rate of fee, now available to the Scheduled Castes and Scheduled Tribes, should be extended also to such sections among the minorities.

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For Muslims

Select institutions in the country like the Aligarh Muslim University and the Jamia Millia Islamia should be legally given a special responsibility to promote education at all levels to Muslim students by taking all possible steps for this purpose. At least one such institution should be selected for this purpose in each of those states and Union Territories which has a substantial Muslim population.

Lingusitic minorites

(a) The law relating to the Linguistic Minorities Commissioner should be amended so as to make this office responsible for ensuring full implementation of all the relevant Constitutional provisions for the benefit of each such minority in all the States and Union Territories.

(b) The three-language formula should be implemented everywhere in the country making it compulsory for the authorities to includes in it the mother-tongue of every child – including, especially, Urdu and Punjabi – and all necessary facilities, financial and logistic, should be provided by the State for education in accordance with this dispensation.

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1.8.4% of the total OBC population, in the 27% OBC quota an 8.4% sub-quota should be earmarked for the minorities with an internal break-up of 6% for the Muslims (commensurate with their 73% share in the total minority population at the national level) and 2.4% for the other minorities with minor adjustment inter se in accordance with population of various minorities in various States & UT

2. which originally restricted the Scheduled Caste net to the Hindus and later opened it to Sikhs and Buddhists, thus still excluding from its purview the Muslims, Christians, Jains and Parsis, etc.

3. at as the Constitution of India guarantees freedom of conscience and religious freedom as a Fundamental Right, once a person has been included in a Scheduled Caste list a willful change of religion on his part should not effect adversely his or her Scheduled Caste status.