Delhi High Court Upholds JNU's 80% Quota For Admission To B.A. (Hons) First-Year In Foreign Languages Course

The Delhi High Court has dismissed a plea challenging the decision of Jawaharlal Nehru University (JNU) to give 80% quota in the First Year of 3-year B.A. (Hons.) programme in Foreign Languages for the students who passed their class XII examination in the year of seeking admission or the previous year.

The remaining 20% of the seats are given to all other candidates.

Justice C Hari Shankar said that the decision is impelled by the desire to promote fresher talent, which is equipped with the most recent knowledge, even while extending the opportunity to obtain admission to older students as well.

The court said that the decision is clearly one which falls in the realm of the academic policy of JNU and the same does not infract any binding statutory provision.

“The prayer for invalidation of the clause is founded entirely on Article 14 of the Constitution of India. As a provision which partakes of the character of academic policy of the JNU, I am not convinced that a case is made out, for doing so,” it said.

As per JNU's admission policy, 80% of the seats fall under the Code 1 category. The remaining 20 % of the seats are open to those who otherwise meet the eligibility requirements and the same falls under the Code-II category.

The court dismissed a plea moved by one Vaibhav challenging the validity of Clause 12 of the Admission Policy and Procedure of JNU applicable for admission to the B.A (Hons) course in Foreign Languages for the 2023-2024 academic session.

Vaibhav belonged to the SC category and passed his Class XII examination in 2021. He was not granted admission to the varsity (Chinese course) because he was placed in Code II for having passed his Class XII examination two years earlier in 2021. In his place, another SC category student was granted admission because the said student was in Code I.

Dismissing the plea, the court said the JNU is entitled to draw a distinction between students who have recently passed Class XII and those who have passed Class XII earlier.

“There is an intelligible differentia between these two categories of students. Given the fact that the student is intending to pursue a collegiate course, for which purpose the familiarity of the student with the latest advances in knowledge is of the essence, the decision of the JNU to prefer students who have recently passed their Class XII examinations to students, who have passed their Class XII earlier, even while retaining the right of such earlier students to obtain admission to the B.A. (Hons) Chinese course in Foreign Languages, cannot be said to be arbitrary or whimsical,” the court said.

Counsel for Petitioner: Mr. Bhagabati Prasad Padhy, Adv

Counsel for Respondent: Ms. Monika Arora, CGSC with Mr. Subhrodeep Saha and Ms. Radhika Kurdukar, Advs

Title: VAIBHAV v. JAWAHARLAL NEHRU UNIVERSITY

Citation: 2024 LiveLaw (Del) 491

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