Shri Mata Vaishno Devi University Act 1999 & Admissions in Professional Colleges of SMVDU

DAYA SAGAR

It is pertinent to refer here that Section -5(1a) of Jammu and Kashmir Shri Mata Vaishno Devi University Act, 1999 (Act No. XII of 1999) provides that The Lieutenant Governor of the Union territory of Jammu and Kashmir shall be the ex-officio Chairman of the Board, and if the Lieutenant Governor be not a Hindu, then he may nominate an eminent person professing Hindu religion and qualified to be a member ; Section-18(6) provides for the Shrine Board to make suitable arrangements for the imparting of religious instructions and general education ; Section -21 provides that The Board may make grants in favour of any institution for religious spiritual purposes; whereas Shri Mata Vaishno Devi University Act, 1999 in Section-9 provides that The authorities of the University shall be the Shri Mata Vaishno Devi Shrine Board, the Executive Council, the Academic Council, the Schools of Studies, the Finance Committee and such other authorities as may be declared by the Statutes & Section – 10 further lays down that Shrine Board shall be the supreme authority of the Shri Mata Vaishno Devi University : and since Shri Mata Vaishno Devi Shrine is a Hindu Shrine which may be reason for some organisations to suggest that Shri Mata Vaishno Devi Insitutte of Medical Excellence ( SMVDIME} should have kept the admission in 50 MBBS degree course as started in 2025 only for Hindu students. The demands as made after selection of all candidates in general category on NEET UG 2025 basis for batch of 50 MBBS seats in the Medical College of the said University may appear standing to ‘fair’test for the reasons of sentimental and religious customs related to the Mata Vaishno Devi Shri Shrine, appear needing some considerations ( rather should have been taken note before starting the University / colleges/Schools in the said area). So the issues need be handled/ taken care sympathetically but surely keeping in view the legal / constitutional provisions as they exist on date like Section-8(1) of the Shri Mata Vaishno Devi University Act, 1999 ( The Lieutenant Governor of the Union territory of Jammu and Kashmir shall by virtue of his office be the Chancellor of the University ) and Section-6 of the SMVDU Act 1999 ( The University shall be open to all persons of either sex and of whatever, race, creed, caste or class) and like.

It is also not out of place to mention here that before start of MBBS degree course in the University there are many other general / professional/ PG courses started in the SMVDU like (BSc/BA/BBA, MA, Msc, MBA, Phd, B.Tech/Engg, B. Tech in Robotics & Artificial Intelligence , B.Arch, B. Tech in Mathematics & Computing , Bio technology etc) and as per information available admission there has been open to all castes / religions except that there have been reservations for different categories like OM or GC/EWS/SC/ST/RBA/ OBC /IB-ALC and like as per the government policy in government institutions but the MBBS admission 2025 have been on open merit without reservations of any type.
As regards religion base reservations & that too 100 percent the subject may need some special laws / constitutional amendment . As regards so far known constitutional provisions the permitted religion based reservations could be like (1). A university established by an Act of Parliament or by an Act of State/ UT Legislature cannot legally grant admissions on the basis of religion in its own constituent / university maintained colleges /departments, except in very narrow constitutionally permitted cases. Exception : a 7 judge bench in the case of AMU ruled in 2024 that a university can claim minority status even if established by a Central Act , provided it was set up by the minority community ( not by the state). (2). TMA PAI Foundation (2002), PA INAMDAR(2005),Pramati educational Society (2014) case : Minority institutions can give preference only to their own minority upto 50%. ( 3). Minority institutions declared under Art-30(1) {even if established or funded by state Act } can be allowed reservation upto 50 % of the total seats / vacancies.

4. State universities declared as minority institutions by the State Or NCMEI {National Commission For Minority Educational Institutions established under National Commission For Minority Educational Institutions Act (2004) are allowed reservation only for the declared minority . St. Stephen’s College (Delhi), Jamia Millia Islamia, many Christian colleges in Kerala got their minority status from NCMEI (5) And any other related provision that may be there like Hindu Minority some MBBS seats in ASCOMS private medical college in J&K ( < initially 100 seats were notified which were later on in 2025 increased, the seats out of 100 were to be distributed as OM Government seats 40, Poor & Backward 10, OM Management 15 seats , Hindu Minority 25 seats, NRI seats 10> ) although Hindu have not been declared a minority ( national & J&K UT level ). A Minority commission can also be appointed at UT/ State level & religious minority can be declared at State/ UT level also. In the Prime Minister’s 15 point Programme for minorities / Prime Minister’s New 15 Point Programme for Minorities it was laid down that that In States, where one of the minority communities notified under Section 2 (c) of the National Commission for Minorities Act, 1992 is, in fact, in majority, the earmarking of physical/financial targets under different schemes will be only for the other notified minorities. May be now some review of the policies is initiated by the said University/ said Board/ Government and in case that is done it would be worthwhile to also take care of some other aspects and the features related to the institutions under the said University as related to the tuition fee & other charges, reservations and the requirements of the people residing in the areas around Shri Meta Vaishno Devi Ji Shrine. It is worth mentioning here that Section- 18(5) of the SMVDS Act 1988 also lays down that it shall be the duty of the Board to undertake the developmental activities concerning the area of the Shrine and its surroundings. Some reservations/ specials for the wards of the people belonging to areas around the shrine falling in Districts of Reasi & Udhampur should be considered like reservation of at least 5 % of the seats in the professional colleges ( MBBS, B.E/ B.Tech degrees).
Similarly the offerings made to Shri Mata Vaishno Devi Shrine are supposed to be substantial & are to be used for the University so the tuition fee atleast for the degree courses ( Engg/ MBBS) should be like what it is in the government colleges in J&K. As per the act the J&K Government too is supposed to contribute annually to the university. It has been observed that the Engineering Degree Course with the Tuition fee of Rs.141240/year among other charges additionally Annual Charges of Rs.17500/year are also taken and the Tuition fee for MBBS degree course has been kept as Rs.4.95 Lakh / year which is the same as has been kept by the other private medical college (ASCOMS) in UT of J&K which does not sound good. And the like reviews too need be made .
And so any amendments if felt necessary have to be considered for review by the the SMVDSB/ University Academic Council/ Finance Committee etc and submitted to the appropriate authorities / Government for n.a concerning the students to be admitted, reservations & the fee etc to be charged keeping in view the suggestions being made as regards the religion of the students / faculty as well as suggestions also being made for the welfare / development of the people of areas around the Shrine like reservations of seats as well as the tuition fee to be charged.
(The writer is Sr Journalist & analyst of J&K affairs [email protected] 0419796096)