Jammu & Kashmir Minority Rights Debate: Questions Raised Over Admissions, Funding, and Equality in Education

A fresh debate has emerged in Jammu & Kashmir (J&K) over minority rights in higher education, following allegations that a disproportionate number of seats were allocated to minority communities in a college largely funded by public and religious trust money.

Allegations Over College Funding and Seat Allocation

According to claims raised by several Hindu organizations, 50 out of 42 seats (as alleged figures circulating publicly) were effectively allocated to minority candidates in a college whose construction was largely financed by the Mata Vaishno Devi Shrine Board.

Official figures indicate that the Shrine Board funded nearly ₹600 crore for the construction of the institution, while the Jammu & Kashmir Government contributed only ₹10 crore. Critics argue that a publicly supported institution should ensure equal educational access across communities.

In response, the J&K Government has maintained that education should not be divided on the basis of religion, reiterating its commitment to constitutional equality.

State Quota, Domicile Rules, and Demographic Reality

In J&K, 85% State Quota admissions in professional courses such as NEET require candidates to possess a J&K Domicile Certificate, proving permanent residency in the Union Territory.

As per the 2011 Census, Jammu & Kashmir’s demographic composition stands at:

• Muslims: 68.3%

• Hindus: 28.4%

• Others: Minor percentages

However, in the Kashmir Valley, Hindus—particularly Kashmiri Pandits—constitute only around 1.9% of the population, following the mass exodus of nearly 2 lakh Kashmiri Pandits in the early 1990s.

Supreme Court Judgment and Minority Definition

Legal experts point to the landmark T.M.A. Pai Foundation & Ors vs State of Karnataka (2002) judgment, delivered by an 11-judge Constitution Bench of the Supreme Court.

The ruling clarified that:

• Minority status is determined state-wise, not nationally.

• States are empowered to define minorities based on their population within the state.

• This interpretation flows from Article 30 of the Indian Constitution, which protects the rights of minorities to establish and administer educational institutions.

Given this precedent, questions are being raised as to why Jammu & Kashmiri Hindus—who form a numerical minority in Kashmir—are not granted minority protections in educational admissions.

Comparison With Minority Institutions Across India

The debate has intensified due to comparisons with minority institutions elsewhere in India:

• Jamia Millia Islamia (JMI), a Central University, reserves:

  • 30% seats for Muslim applicants

  • 10% for Muslim women

  • 10% for Muslim OBC/ST

  • Totaling 50% reservation for Muslim candidates

JMI has received hundreds of crores in government funding, including ₹411 crore in 2021–22 and ₹14.8 crore in recent grants for advanced labs.

Similarly, several private and government-aided minority institutions reserve up to 50% seats for their respective communities, including:

• St. Stephen’s College (Christian minority)

• Jamia Hamdard & HIMSR (Muslim minority)

• Minority medical and engineering colleges in Kerala, Tamil Nadu, Andhra Pradesh, and Maharashtra

Many of these institutions also benefit from schemes run by the Ministry of Minority Affairs, whose total allocations exceed ₹3,183 crore, covering scholarships, fellowships, infrastructure support, and development programs.

Government Funding and Accountability Concerns

Concerns have also been raised over the use and misuse of public funds in some minority-run private universities.

One frequently cited example is Mohammad Ali Jauhar University, where:

• Over ₹3,000 crore worth of government resources were allegedly used

• ₹106 crore in UP government funds were allocated during a previous regime

• Investigations by the Income Tax Department and other agencies followed

Critics argue that funding without strict accountability creates inequality, especially when other communities lack similar institutional support.

Call for Policy Reform, Not Closure

Education experts and civil society groups emphasize that closing institutions is not the solution. Instead, they call for:

• Revisiting minority definitions at the state level

• Ensuring transparent seat allocation

• Balancing constitutional minority rights with social equality

• Protecting the educational future of displaced and marginalized communities, including Jammu & Kashmir’s Hindu minorities

The debate continues to raise critical questions about equality, secularism, and fairness in India’s education system.

This article is written by Yuvraj, a student of DCAC College, University of Delhi (DU).

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