HC on Jamia minority row: No stay on any notification
The Delhi high court on Wednesday said validity of all admissions made to the Jamia Millia Islamia will be subject to the outcome of writ petition filed in the court challenging the grant of minority status.delhi Updated: May 18, 2011 23:25 IST
The Delhi high court on Wednesday said validity of all admissions made to the Jamia Millia Islamia will be subject to the outcome of writ petition filed in the court challenging the grant of minority status.
The centre too has told the court that it is yet to take a stand on the grant of minority status to the university by the National Commission for Minority Educational Institution (NCMEI) on February 22, 2011.
But the court refused to stay the recent ordinance of the university bringing into effect the minority status granted to it by the NCMEI despite repeated pleas from three petitioners who said it would effect admissions for various courses commencing July this year.
The court order meant that university can do away from ensuing academic year all existing quota policies for the SC/ST and OBC candidates and reserve 50% of the seats for Muslim students in all its programmes. "There will be no stay on any notification. Interjecting at this juncture will add to the confusion," a bench of chief justice Dipak Misra and justice Sanjiv Khanna said.
The petitioners have argued that grant of minority status was contrary to law and in violation of provisions of the Jamia Millia Islamia Act. "Commiss-ion's order will mean a large number of students belonging to non-Muslim community will be deprived of their right to seek admission in the university. Such a reservation cannot be allowed in a central university managed and funded by the state," the petitioners said.
The petition contended the commission had no "jurisdiction or authority" to declare Jamia as a minority institution when the Act does not provide for the same. It also accused the commission of encroaching on jurisdiction of the Supreme Court and high courts "which are the only authorities to interpret the provisions of the legislation".