(1) Notwithstanding anything contained in clause (c) and clause (d) of subsection(1) of section 3 and in any other law for the time being in force, every Higher Educational Institution shall, with the prior approval of the appropriate authority where necessary, increase the number of seats over and above its annual permitted strength so as to ensure that the number of seats, excluding those reserved for the persons belonging to the Scheduled Castes, the Scheduled Tribes and the Other Backward Classes, is not less than the number of such seats available for any academic session immediately preceding the date of this Act coming into force.
(2) Where necessary, in order to enable the Higher Educational Institutions to create the physical, academic and other infrastructure so as to cater to the increase in the number of seats, a maximum period of six years beginning with the academic session following the commencement of this Act shall be allowed, and the extent of reservation for the Other Backward Classes as provided in clause (c) and clause (d) of sub-section(1) of section 3 shall be limited for that academic session in such manner that the number of available seats to the Other Backward Classes for each academic session are commensurate with overall increase in the number of seats.
(3) In respect of those Higher Educational Institutions where expansion of capacity is not feasible for unavailable infrastructure-related or other reasons, the State Government may, upon being satisfied, re-distribute its quota of stream-wise reserved seats to other institutions in such a manner and to such extent as may be practicable keeping in mind the total seats available for all Higher Educational Institutions in the State taken together for a particular academic session.