Directorate of Minority Welfare

Justice Ranganath Mishra Commission recommendations

Criteria for identifying socially and economically backward classes among the religious and linguistic minorities

16.15. We recommend that in the matter criteria for identifying backward classes there should be absolutely 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 allthe minorities.

16.15. As a natural corollary to the aforesaid recommendation we 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.

16.18. To be more specific, we recommend that all those 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.

16.19. We also recommend that those groups among 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.

Term of Reference No. II (original)

 Measures of Welfare for Minorities including Reservation

 General welfare measures

A. Educational measures

16.2.4 As the meaning and scope of 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.

16.2.5 The statute of the 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.

16.2.6 As by the force of judicial decisions the minority intake in minority educational institutions has, in the interest o f 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: -

(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.

16.2.7 As regards the backward sections among all the minorities, we recommend that the co