Delhi High Court Issues Notice On Plea Seeking Restoration Of SC & ST Reservation In Recruitment To Non-Teaching Posts Of Jamia Millia Islamia

The Delhi High Court has issued a notice to Jamia Millia Islamia and the Union Government in a petition challenging the recruitment notification for the appointment of non-teaching staff in Jamia Millia Islamia University, for not extending reservation to the SC & ST categories.

Observing “the matter requires consideration”, Justice Vikas Mahajan issued notice to the respondents and directed them to file a counter affidavit within three weeks.

“In the meanwhile, the Respondent University is directed to keep one post vacant for the petitioners in each category [i.e. – (i) Assistant Registrar, (ii) Section Officer and, (iii) LDC], under which they have applied,” said the Court.

Ram Niwas Singh, along with others belonging to the SC & ST categories, has sought quashing of the resolution passed in 2014 by the Executive Council of the University.

It was declared in the resolution that, “Since the Jamia Millia Islamia is now a Minority Institution, it is not bound to follow the Reservation Policy of Govt. of India as it is exempted under Article 30(1) of the Constitution.”

The plea also prays to quash the present advertisement for recruitment of non-teaching jobs as it allegedly is against the mandate of section 7 of the Jamia Act.

Senior Advocate Arun Bhardwaj, representing the petitioner, submitted that no reservation has been extended to SC & ST candidates by the University in the advertisement issued for 241 non-teaching staff.

“Ordinance 6 (VI) (Academic) which provides for “Reservation of seats and other special provision for admission” based on religious belief has been made applicable also to the teaching and non-teaching positions in terms of Resolution No. EC-2014 (II): Reso.-06,” the senior counsel argued.

It was further argued that the 2014 resolution is contrary to the constitutional scheme of reservation besides being contrary to the statutory scheme, in as much as, Section 7 of the Jamia Millia Islamia Act, 1988.

Section 7 of the Jamia Millia Islamia Act mandates that the University shall be open to all classes, castes and creed and it shall not be lawful for the university to adopt or impose on any person any test whatsoever of religious belief or profession to entitle him to be admitted therein as a student or staff, he added.

While posting the matter to July 07, the court clarified that “the recruitment process, as such, has not been stayed.”

Case Title: Ram Niwas Singh & Anr versus Jamia Millia Islamia & Ors.

Appearance: Senior Advocate Arun Bhardwaj with Advocates Ritu Bhardwaj, Kanishk Kharbanda, Abhishek Sharma and Nishant Bahuguna for petitioners.

Advocates Pritish Sabharwal, SC with Sanjeet Kumar, Shashank Shekhar, Pooja Singh, S. Pandey, for R1

Advocates Apurv Kurup, CGSC with Gokul Sharma, GP, Rahul Sharma, R2 to R4

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