Delhi HC seeks Jamia's stand on plea against religion-based reservation

The Delhi High Court has sought the stand of Jamia Millia Islamia (JMI) on a petition challenging its decision to approve religion-based reservation for appointments to teaching and non-teaching posts

The Delhi High Court has sought the stand of Jamia Millia Islamia (JMI) on a petition challenging its decision to approve religion-based reservation for appointments to teaching and non-teaching posts while abolishing the quota under the scheduled caste and scheduled tribe categories.

Petitioners Ram Niwas Singh and Sanjay Kumar Meena, who belong to SC and ST communities, respectively, have moved the high court after JMI advertised 241 non-teaching posts, and contended that the exclusion of SC/ST category candidates from reservation policy was a "wrong" committed against the constitutional mandate.

A vacation Bench of Justice Vikas Mahajan observed the matter required consideration and asked the varsity as well as the Centre to file their response to the petition within three weeks.

While clarifying that it is not staying the recruitment process, the court directed one post each be kept vacant for the petitioners under the categories they have applied for pursuant to the advertisement.

"It appears that the matter requires consideration. Issue notice. Let counter affidavit be filed within three weeks. In the 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 (lower division clerk)], under which they have applied," said the court in an order passed last week.

"It is clarified that the recruitment process, as such, has not been stayed," the court said.

Senior advocate Arun Bhardwaj, appearing for the petitioners, argued that the advertisement for 241 non-teaching posts, issued in April, was contrary to the constitutional scheme of reservation as well as the Jamia Milia Islamia Act which mandates the university shall be open to all classes, castes and creed.