The Delhi High Court on Friday extended till July 27 the stay on its single judge’s order upholding the admission policy of the Jawaharlal Nehru University (JNU) for M.Phil and Ph.D courses based on the University Grant Commission (UGC) regulations.
A Bench of acting Chief Justice Gita Mittal and Justice Anu Malhotra said that admissions to M.Phil and Ph.D courses for the academic year 2017-18 would be subject to the “final outcome of the writ petition”.
The Bench was hearing the appeal filed by four students against the single judge order, which held that JNU was strictly bound by UGC notifications. The court has asked the parties to file written submissions on the matter. The next hearing is on July 27.
Earlier, on April 18, the Bench had stayed the “effect and operation” of the single judge order stating: “...the impugned order 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. In view thereof, 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 in the appeal that the single judge order of March 16 is “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 held that the JNU Act was 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.
It said the single judge has erroneously granted complete supremacy to the applicability of the University Grants Commission Act.
The single judge had dismissed the petition against the JNU admission policy for M.Phil and Ph.D courses while holding that it was to abide by the UGC notification.
The students have been contending that the JNU can tweak the regulations to suit its own needs and education standards.
