The Delhi High Court has issued notice and asked JNU to file its counter affidavit in a plea challenging the provision of 27% reservation to OBCs in post graduate courses in the university.
A single bench of Justice Rajiv Shakdher heard the petition filed to decide the issue of whether there should be reservation to the extent of 27% for Other Backward Classes qua admission in postgraduate courses in central educational institutions.
The Court relying on previous judgement of the Apex Court in case of Ashok Kumar Thakur and certain observations made by judges in that case noted that the present petition required consideration and scheduled the case to be heard next on September 7th.
A petition was filed by Advocate Nishant Kahtri challenging Jawaharlal Nehru University‘s e- prospectus for post-graduate courses for academic year 2020- 21, providing 27% reservations to OBCs in its post-graduate courses.
According to the petitioner in person Nishant Khatri, an Advocate enrolled with the Bar Council of Delhi, belonging to General or the Unreserved category intends to pursue his M.Phil/ P.hd. from JNU, both of which are post-graduate courses and the 27% reservations is given to OBCs by JNU in post-graduate courses it will adversely affecting his chances of selection and career prospects and will also violate his fundamental rights guaranteed to him under the Constitution of India.
The petitioner to support his contention placed reliance on the Supreme Court’s judgment “Ashok Kumar Thakur Vs. Union of India” in 2008, where the Court had upheld the validity of reservations in respect of persons belonging to the other backward classes (OBCs) for admissions under the Central Educational Institutions (Reservation in Admissions) Act, 2006. However, the Court had made also made two exceptions to this rule. According to the order, the persons from creamy layer of OBCs would be excluded from reservations, and that OBCs will not be eligible for reservations in Post-Graduate Courses.
According to the petitioner a the provision for reservation to the extent of 27% to OBCs in postgraduate courses in Jawaharlal Nehru University should be declared unconstitutional.
Read the order here;
ORDER-DATED-08.06.2020-India Legal Bureau