Delhi High Court Directs Jamia Millia Islamia To Regularise Sharjeel Usmani's Admission To MA Course
The Delhi High Court has permitted former Aligarh Muslim University (AMU) student Sharjeel Usmani to appear in the third semester examinations for 'MA in Social Exclusion and Inclusive Policy' at Jamia Millia Islamia University (JMI). Justice Sanjeev Narula also directed JMI to immediately declare Usmani's results in respect of the first and second semester examinations.The court also asked...
The Delhi High Court has permitted former Aligarh Muslim University (AMU) student Sharjeel Usmani to appear in the third semester examinations for 'MA in Social Exclusion and Inclusive Policy' at Jamia Millia Islamia University (JMI).
Justice Sanjeev Narula also directed JMI to immediately declare Usmani's results in respect of the first and second semester examinations.The court also asked the varsity to regularise his admission.
Usmani had moved the High Court earlier this year seeking directions on JMI to immediately permit him to appear in the first semester examinations which were to be conducted after February 20.
He had only been granted a provisional admission as he was not able to furnish a character certificate. An interim order was passed in his favour on February 23, allowing him to appear in the first semester examination. Subsequently, he was also permitted to appear in the second semester examination.
His plea had prayed that JMI be asked to consider only convictions in criminal cases as a negative comment on a student's character and to completely disregard filing of FIRs, while considering admission of a student for a course or examination.
On October 12, Usmani's counsel told the court that his name was not reflected in the results declared for first and second semester examinations as his result was withheld.
Responding to the said submission, the standing counsel appearing for JMI argued that the directions of the court permitting Usmani to appear in the two semester examinations were interim in nature and that his character certificate received from AMU mentioned criminal cases which were registered against him in connection with the protests against Citizenship Amendment Bill (CAB).
However, in response to a query from the court, the counsel conceded that there is no provision in ordinance of JMI on the issue.
Justice Narula said the character certificate only makes a mention of criminal cases and there is mention of a final decision or any conviction order against Usmani.
"Petitioner was detained from appearing in the said examinations on account of delay in furnishing character certificate. This delay, as explained by counsel for AMU, arose on account of AMU seeking a legal opinion on the issue regarding mentioning of criminal cases in the character certificate," the court noted in the order.
Ruling that the delay in furnishing of character certificate cannot be attributed to Usmani, the court said:
"For this reason, Petitioner could not have been denied the opportunity of writing the said semester examinations particularly when he had attended classes."
The court further said he has already appeared in the first and second semester and "it would be a travesty of justice if the interim order is not confirmed".
Confirming the interim order, the court issued following three directions to the JMI:
(a) JMI shall immediately declare the results of Petitioner in respect of first and second semester examinations;
(b) Petitioner's admission shall be fully regularised;
(c) accordingly, he shall be permitted to appear in third semester examinations.
Title: SHARJEEL USMANI v. JAMIA MILLIA ISLAMIA & ANR.
Citation: 2022 LiveLaw (Del) 979