Minorities Commission Sues Borivali School Over Alleged Denial Of Admission To Muslim Students

The Maharashtra State Minorities Commission has initiated suo motu proceedings following allegations that a prominent school in Borivali, run by the Borivali Education Society (BES), denied admission to Muslim students on the grounds of their religious identity.

Commission Member's Petition

Commission member Wasim Burhan petitioned Chief Minister Devendra Fadnavis and Deputy Chief Minister Sunetra Ajit Pawar on June 15, seeking a high-level investigation into allegations that Seth Gopalji Hemraj High School engaged in discriminatory practices during its recent admission process.

The school clarified that the complaint relates to Bhajanlal School, a nursery institution located on the same campus, which also houses R G Bagaria School and Seth Gopalji Hemraj High School.

Anonymous Staff Allegation

However, a staff member, speaking on condition of anonymity, alleged that all schools on the campus had been instructed by the trust not to admit new Muslim students.

"We have Muslim students in the senior classes, so this oral directive was disturbing. This is an old institution founded in 1936. Parents were asked to collect the Leaving Certificate along with the marksheet for children in senior kindergarten. We are an aided institution and cannot discriminate," the staff member said. At least four students have been affected by the alleged decision of the instruction.

Trust Counsel's Response

Jayesh Yagnik, counsel for the trust, said the school had already responded to the allegations during a meeting with the municipal education department.

"The nursery section is a separate school, and admissions to Class I at R G Bagaria School are full. There are no vacancies. We have submitted our reply to the education department, and the matter is being adjudicated," Yagnik said.

Trust's Admission Policy

In its response to the Education Officer, Brihanmumbai Municipal Corporation, following a representation by one Tajuddin Inamdar, BES said the allegations were baseless and stemmed from a misunderstanding of facts.

The trust maintained that it does not discriminate on the basis of caste, religion or community, and that admissions are conducted through a uniform and transparent policy applicable to all students.

Trust's Minority Institution Argument

It further stated that admission to Class I is not an automatic right and depends on sanctioned intake capacity, available infrastructure, staffing and applicable regulatory norms. According to the trust, some parents were advised to obtain Leaving Certificates to facilitate timely admission of their children to other schools, and there was no coercion or adverse intent behind the communication.

The Minorities Commission said the alleged discrimination, if established, would violate constitutional guarantees under Article 14 (equality before the law), Article 15 (prohibition of discrimination) and Article 21A, as well as provisions of the Right to Education Act, 2009.

In its reply, however, the trust noted that it is a minority educational institution protected under Article 30 of the Constitution. It argued that while Article 21A guarantees access to education, it does not confer a right to admission in a specific school, and that admission policies fall within the institution's administrative domain, subject to fairness.

The Commission has sought an inquiry into the school's admission records, management policies and statements from affected parents, and has called for a compliance report on the findings.

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