Delhi HC seeks Jamia stand on plea to restore SC reservation in recruitment

New Delhi [India], June 21 : The Delhi High Court on Wednesday sought responses from Jamia Millia Islamia University and others on a plea seeking direction to restore the Scheduled Castes reservation in recruitment for non-teaching posts and in promotions at the varsity.

The plea was moved by Ram Niwas Singh and Sanjay Kumar Meena, who belong to SC and ST communities, stating that the university had sought applications for 241 non-teaching posts through an advertisement dated April 29, this year.

Ram Niwas Singh, an SC candidate, applied for the post of Assistant Registrar and Section Officer. The petitioner Sanjay Kumar Meena, an ST candidate, had applied for the post of a Lower Division Clerk.

According to the plea, no reservation was extended to SC and ST candidates by Jamia, which is a central university.

Advocate Arun Bhardwaj, appearing for the petitioners, submitted that as per a resolution dated June 23, 2014, passed by the Executive Counsel of the University, it has been resolved that the university is now a minority institution and not bound to follow the Reservation Policy of the Union government as it is exempted under Article 30 (1) of the Constitution.

Advocate Bhardwaj submitted further that ordinance 6 (VI) (Academic), which provides for "Reservation of seats and other special provision for admission" based on religious belief, has also been made applicable to the teaching and non-teaching positions under the resolution.

He further submitted that the advertisement dated April 29, and the resolution are contrary to the constitutional scheme of reservation while also being contrary to the statutory scheme, in as much as, Section 7 of the Jamia Milia Islamia Act, 1988 mandates that the Respondent University shall be open to all classes, castes and creeds 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.

After noting the submissions, the single bench of Justice Vikas Mahajan issued a notice to the university and other respondents, saying the matter required consideration.

It scheduled the next hearing in the matter on July 7.

"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," the Delhi High Court said.

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