Debating with the Reservation Policy for Muslims in Higher Education

Abstract

This article attempts to understand and analyse the nature of the state’s affirmative action policy to include Muslims in higher education in India. In analysing so, it tries to shed light on the Scheduled Castes’ status for Arzal or Dalit Muslims to ensure their representation in higher education. It also strives to map the reservation policy for the backward Muslims and argues that various castes among Muslims are not included in the OBC list. This article also seeks to highlight the debate regarding the minority status of Muslim higher educational institutions. This article argues that although the Indian constitution does not provide reservation based on religion, Muslims, in general, and Pasmanda Muslims, in particular, are at the periphery as far as their representation in higher education. In other words, the state uses differential treatment as far as providing Scheduled Castes Status for Arzal Muslims; the state and its apparatus use the thin and narrower meaning of Article 30 of the Indian constitution while addressing the minority status of Muslim higher educational institutions and the article also aims to elucidate the allocation of seats for Pasmanda Muslims in Muslim minority higher educational institutions.