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Last Update: April 19, 2023, 11:43 AM IST
Senior advocate Arun Bhardwaj, representing the petitioner, submitted that either Jamia can be a central university or a minority institution and cannot be both (file photo)
The oral submission comes against the backdrop of a petitioner asking the university to comply with the Constitution (103rd Amendment) Act, 2019 and give 10 per cent reservation for EWS.
Jamia Millia Islamia University on Tuesday told the Delhi High Court that it was declared a minority educational institution in 2011 and the provision of 10 per cent reservation for students belonging to the Economically Weaker Section (EWS) would not be applicable to it.
Oral submissions were made on behalf of the University in a petition seeking directions to ensure 10 per cent reservation for EWS category students at the time of admission from the academic year 2023-24.
A bench of Chief Justice Satish Chandra Sharma and Justice Yashwant Verma granted the university two weeks to file its reply on the plea and listed it for further hearing on May 22.
A public interest litigation (PIL) case filed by law student Akanksha Goswami states that the university should reserve seats for EWS category students at the time of admission from the academic year 2023-2024 in terms of the Constitution (103rd Amendment) Act. 2019, which provides for 10 per cent reservation for them in higher education and government jobs.
Senior advocate Arun Bhardwaj, representing the petitioner, submitted that either Jamia can be a central university or a minority institution and cannot be both.
He said that the admission process has started from April and will go on till September.
Standing counsel for the university, Pritish Sabharwal, submitted that an order was passed by the National Commission for Minority Educational Institutions in 2011, declaring Jamia as a minority educational institution.
He said the government had issued a notification in 2019 that the office memorandum enabling the provision of 10 per cent reservation for EWS students in admission to educational institutions would not be applicable to minority institutions and Jamia comes under it.
The High Court had earlier issued a notice to the Ministry of Education, Jamia. Education And the University Grants Commission (UGC) sought further response to the plea.
The petitioner’s counsel had earlier argued that Jamia should be directed to implement EWS reservation as it is a central university aided by the UGC.
The petitioner, also represented by advocates Akash Bajpai and Ayush Saxena, submitted that Jamia Millia Islamia was established by an Act of Parliament and thus, is a central university and not a minority institution.
The petition states that the UGC has already written to the registrars of all central universities, including Jamia, to implement reservation for EWS students.
“The respondent No. 2 (UGC) vide its letter dated January 18, 2019 requested all the Vice-Chancellors of the Central Universities including respondent No. 1 (Jamia), at the time of admission to their various courses from the academic year 2019-2020 to 10 to implement the percentage EWS reservation. Respondent No. 1 Jamia Millia Islamia issued a press release on February 5, 2019, through which it cited its status as a minority institution under Article 30 of the Constitution of India Refused to implement 10 percent EWS reservation.
Apart from the issue of reservation, the petitioner has also prayed to set aside an order passed by the National Commission for Minority Educational Institutions declaring Jamia as a minority institution.
The petition states that Jamia was neither established by the minority community nor is it administered by it as it has been established by an Act of Parliament and is also funded by the Government of India.
It further said that there is no such provision in the Jamia Millia Islamia Act, 1988 allowing the selection of only Muslims as members of its Executive and Academic Council and the law to treat a central university as a minority educational institution is against.
“Respondent No. 1 (Jamia), after being incorporated and established through the Jamia Millia Islamia Act, 1988, became another Central University in the country like the Banaras Hindu University and the University of Allahabad.
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