Blog

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

W.P.(C) 8258/2023, CM APPL. 32431/2023 & CM APPL. 32432/2023

CORAM: HON’BLE MR. JUSTICE VIKAS MAHAJAN

 O R D E R DATED: 16.06.2023

INTRODUCTION

The recruitment announcement for the employment of non-teaching employees at Jamia Millia Islamia University has been challenged in the Delhi High Court on the grounds that it fails to provide for reservation for the Scheduled Castes and Scheduled Tribes. Justice Vikas Mahajan ruled that “the matter requires consideration” and gave the respondents three weeks to produce a rebuttal affidavit.

FACTS OF THE CASE

 The court ordered the university to make room for the petitioners by not filling any positions for which they had applied (i.e., (i) Assistant Registrar, (ii) Section Officer, and (iii) LDC). Ram Niwas Singh and other members of the SC/ST communities have filed a petition to overturn the University’s Executive Council’s 2014 resolution.

 This decision said, “Since the Jamia Millia Islamia is now a Minority Institution, it has no obligation to comply with the Reserving Policy of Govt. of India as it is not required to under Article 30(1) of the Constitution.” The current recruiting advertisement for non-teaching positions is challenged in the petition as being in violation of section 7 of the Jamia Act.

COURTS ANALYSIS AND JUDGMENT

 The petitioner’s attorney, Senior Advocate Arun Bhardwaj, said that the University of Delhi did not provide any preference to candidates from the Scheduled Castes or Scheduled Tribes in its advertisement for 241 non-teaching positions.  According to Resolution No. EC-2014 (II): Reso.-06, “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,” the senior counsel stated.

It was further asserted that Section 7 of the Jamia Millia Islamia Act of 1988 conflicts with the 2014 resolution and that the 2014 resolution itself conflicts with the constitutional system of reservation. And it will not be legitimate for a college to adopt or enforce on any individual any test any kind of religious belief or profession that allows him to be acknowledged therein as pupils or staff, he added, citing Section 7 of the Jamia Millia Islamia Act. While the court has continued this case to July 7, it has made clear that “the recruitment procedure, as such, is not being stayed.”

Judgment- click here to review the judgment

 

“PRIME LEGAL is a full-service law firm that has won a National Award and has more than 20 years of experience in an array of sectors and practice areas. Prime legal fall into a category of best law firm, best lawyer, best family lawyer, best divorce lawyer, best divorce law firm, best criminal lawyer, best criminal law firm, best consumer lawyer, best civil lawyer.”

Written by- Anushka Satwani