Delhi HC Issues Notice On Plea Seeking 10% Reservation To EWS Category Students In Jamia Millia Islamia

The Delhi High Court has issued notice to University Grant Commission, Centre and Jamia Millia Islamia in PIL seeking 10% reservation to Economically Weaker Section (EWS) category students in the Jamia Millia Islamia University.

The bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad has posted the matter to April 18 for further hearing.

Senior Advocate Arun Bhardwaj along with Advocates Akash Vajpai and Ayush Saxena appeared for the petitioner.

The Public Interest Litigation has been filed by Akanksha Goswami who is a Law Student at Delhi University.

The Petitioner seeks an appropriate Writ or direction from the Court to Jamia Millia Islamia to provide 10% reservation to the EWS students at the time of admission according to the provisions of the Constitution (One Hundred and Third Amendment ) Act, 2019.

The plea reads that the PIL is filed by the Petitioner on behalf of several students who come under Economically Weaker Section (EWS) category and aspire to study in Jamia Millia Islamia in future.

"The Present PIL under Articles 226/ 227 of Constitution of India is filed by the Petitioner on behalf of several students who come under Economically Weaker Section (EWS) category and aspire to study in Jamia Millia Islamia in near future. The Petitioner is filing the present Public Interest Litigation under Articles 226/ 227 of the Constitution of India seeking an appropriate Writ or direction from this Hon'ble Court to Respondent No. 1 i.e. Jamia Millia Islamia to provide 10% reservation to the EWS students at the time of admission according to the provisions of the Constitution (One Hundred and Third Amendment ) Act, 2019.", the plea read.

The petitioner has averred that Jamia Millia Islamia issued a press release on in 2019 through which it refused to implement 10% EWS reservation citing its status as Minority Institution. The petitioner has prayed to quash the press release issued by Jamia through which it refused to implement 10% EWS reservation.

The petitioner stated that Jamia Millia Islamia, by reason of its incorporation and establishment by an act of parliament is a central university and not the minority one.

"Respondent No. 1/ Jamia Millia Islamia, by reason of its incorporation and establishment by an act of parliament is a central university and not the minority one. Once the statute incorporates and establish it, it·can never be termed as a minority institution.", the plea read.

It was submitted that Jamia Millia Islamia has started giving 50% reservation to Muslims students in every of its course, which is in direct conflict with section 7 of the Jamia Millia Islamia Act, 1988.

It was stated that "Respondent No. 1 has started giving 50% reservation to Muslims students in every of its course, which is in direct conflict with section 7 of the Jamia Millia Islamia Act, 1988. It also does not provide any ·reservation to SC/ST/OBC/EWS students."

The petitioner has prayed to set aside the order passed by the National Commission for Minority Educational· Institutions through which it had declared Jamia Millia Islamia as a minority institution.

The petitioner has also sought interim direction to Jamia Millia Islamia not to proceed with the admission process for the academic year 2023-2024 till the final disposal of the Petition.

Cause Title- Akanksha Goswami v. Jamia Millia Islamia & Ors