The Delhi High Court has stayed its single judge order upholding Jawaharlal Nehru University’s (JNU) admission policy for M.Phil and Ph.D courses based on UGC-2016 regulations.
The July 2016 regulations of the University Grants Commission (UGC) had put a cap on the number of students per professor/supervisor in M.Phil and Ph.D courses in all universities.
A single judge of the HC had held that the JNU admission policy was bound by the UGC regulations and the university had to accept them without any deviation.
It had given the finding while dismissing a plea of some students, who had challenged JNU’s admission policy stating that the university can tweak the guidelines to suit its own needs and educational standards.
‘Wide ramifications’
However, a two-judge Bench of Acting Chief Justice Gita Mittal and Justice Anu Malhotra, on an appeal filed by JNU students, has stayed “the effect and operation of the findings on law” of the single judge till April 28.
The Bench passed the interim order stating that the single judge “has given findings and made absolute propositions of law which would have wide ramifications”.
“The appellant has made out a prima facie case so far as the reading of the Entries in the Lists in the Seventh Schedule of the Constitution of India is concerned... it is directed that till the next date of hearing, there shall be a stay of the effect and operation of the findings on law of the single judge,” said the Bench.
The Division Bench was informed that the single judge order of March 16 was “premised on a completely erroneous reading of the entries in the Lists in the Seventh Schedule to the Constitution of India”.
The appeal said the single judge had erred in holding the JNU Act a result of exercise of powers under the Concurrent List when in fact it was enacted in exercise of power under Entry 11 of the List II/Entry 65 of List I.
The appeal also said that the single judge has erroneously granted supremacy to the applicability of the UGC Act over the JNU Act.
