Make Sure That No Seats In M.Phil and Ph.D Programmes Are Left Vacant: Delhi HC Directs JNU [Read Order]

Justice Rajiv Shakdher has ordered the University to ensure that in the ensuing academic years, M.Phil and Ph.D programmes, no seats are left vacant.

The present petition was filed to seek directions to be issued to JNU to issue the third cut-off list for M.Phil and Ph.D programmes for the academic year 2019-20.

It was contended that the University by non-issuance of the concerned cut off list, despite vacancy of 231 seats in various centres/departments is acting in an arbitrary manner.

Petitioner submitted that in all other courses, except the M.Phil and Ph.D programmes, multiple cut off lists were released. For instance, for the course of MBA, 13 cut off lists were released for a total of 50 seats.

The University did not release any cut-off list post the release of the second list, despite being aware of the fact that many seats are still lying vacant.

As per the case of the Petitioner, many representations were made to the concerned department only for their demands to fall on 'deaf ears'.

Further, the petition stated that there are several reserved category seats which needs to be filled and it is the duty of the Respondent to see that there is maximum utilisation of available resources and that the students from every category get the equal treatment for their growth in the field of education.

While calling the current admission policy of the University as 'unreasonable', the Petitioner submitted that there is no attempt from the University to fill all the sanctioned seats and it is a settled position of law that in any given academic year, no seats should be left unfilled and especially in case of M.Phil and Ph.D programmes, as the same would amount to national waste.

While accepting the prayers forwarded by the Petitioner, the court directed the University to follow the mandate of the Delhi High Court's judgment in Students Federation of India v. Union of India. The said judgment had held the following:

a. That Regulation 5.4 of the UGC Regulations in so far as it permits filling of M.Phil./Ph.D. entirely on the basis of cent percent evaluation of performance in the viva voce process is arbitrary. The said regulation is, therefore, declared void and contrary to Article 14

b. The absence of any concession with respect to the minimum qualifying marks in the written test, in the UGC Regulations of 2016 to reserved category candidates (SC/ST/OBC) and physically disabled candidates is also without proper application of mind. Appropriate concession is to be given by the UGC and the JNU, taking into account the seats filled, having regard to the implementation of the regulations in the last two academic years

c. The JNU is directed to take suitable review action to ensure that in any given academic year, no M.Phil./Ph.D. seat is left unfilled. It is also held that the UGC guidelines of 2016 in so far as they prescribe the supervisor- researcher/student ratio is valid.

Taking the peculiar facts of the present case in consideration, the court has also asked the University to give admission to the Petitioner after required documents are submitted.

The Petitioner, Afzal Hussain, was represented by Advocate Lakshya Sachdeva