Delhi High Court Exempts Jamia Millia Islamia From EWS Quota for Admissions; Check Details Here

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Delhi High Court Exempts Jamia Millia Islamia From EWS Quota

New Delhi: The Delhi High Court was informed by Jamia Millia Islamia University on Tuesday that it had been designated as a minority educational institution in 2011 and the 10% of Economically Weaker Section (EWS) student reservation rule would not apply to it.

An oral submission was presented on behalf of Jamia Millia Islamia (JMI) University in response to a petition asking that it be instructed to guarantee a 10% reservation for applicants who fall under the EWS category starting from the academic year 2023–24.

The university has given two weeks to respond to the case, and a hearing date of May 22 was set by the bench of Chief Justice Satish Chandra Sharma and Justice Yashwant Varma.

According to the Constitution (103rd Amendment) Act of 2019 which provides 10% reservation to the students in higher education and government jobs. The university should reserve seats for EWS category students at the time of admission starting from the academic year 2023–2024, as per the public interest litigation (PIL) matter filed by a law student Akanksha Goswami.

Senior Advocate Arun Bhardwaj made the argument on behalf of the petitioner that Jamia may either be a central university or a minority institution, but not both. He stated that the application process began in April and will continue until September, 2023.

Earlier, in 2011, the National Commission for Minority Educational Institutions issued an order designating Jamia as a minority educational institution, revealed Pritish Sabharwal, JMI university's Standing Counsel.

He claimed that Jamia is covered by a government notification from 2019 that stated minority institutions would not be subject to the office memorandum authorising the provision of 10% reservation for EWS category students for admissions.

Earlier, the high court requested responses from Jamia, the Ministry of Education, and the University Grants Commission (UGC) about the petition. The petitioner's advocate had previously argued that as Jamia is a central university that receives funding from the UGC, Jamia should be ordered to impose the EWS reservation.

The petitioner claimed Jamia Millia Islamia was created by a Parliamentary statute and is therefore a central university and not a minority institution. The petitioner was also represented by lawyer Mr. Akash Vajpai and Mr. Ayush Saxena.

The argument in favor of the reservation for EWS students claimed that the UGC had previously written to the registrars of all the central universities, including Jamia. Respondent No. 2 (UGC) directed all vice chancellors of the central institutions, including Respondent No. 1 (Jamia), in a letter dated January 18, 2019 to impose a 10% EWS reservation at the time of admission in their various courses starting with the academic year 2019-20.

On February 5, 2019, Respondent No. 1 Jamia Millia Islamia released a press statement where it refused to implement the 10% EWS reservation citing its status as a minority institution under Article 30 of the Indian Constitution, the plea said.

The petitioner has appealed to the National Commission for Minority Educational Institution's order designating Jamia as a minority institution to be overturned in addition to the reservation issue.

As per the appeal, Jamia was neither founded by a minority community nor does it administer any as it was established by a Parliamentary Act and is also supported by the Government of India.

Further, the plea said that central university cannot be treated as a minority educational institution, as per the Jamia Millia Islamia Act of 1988, which also states that no provision is made for the selection of solely Muslims to serve on the university's members and academic councils.

According to the petition, "Respondent no. 1 (Jamia) after being incorporated and created under the Jamia Millia Islamia Act, 1988, became yet another national central institution, similar to the Allahabad University and the Banaras Hindu University”.

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