In a Landmark Judgement, Delhi High Court Gives Verdict on the Case filed by SFI, Upholding Constitutional Provisions.
SFI vs Union of India/UGC/JNU
Illegality of JNU Administration Exposed.
100% VIVA Scrapped.
Constitutionally Mandated Reservations Upheld.
NO Seat Cut.
In view of the foregoing discussion, this Court holds as follows:
(1) That Regulation 5.4 of the UGC Regulations in so far as it permits filling of M.Phil./Ph.D. entirely on the basis of cent percent evaluation of performance in the viva voce process is arbitrary.
The said regulation is, therefore, declared void and contrary to Article 14;
(2) The absence of any concession with respect to the minimum qualifying marks in the written test, in the UGC Regulations of 2016 to W.P.(C) 3032/2017 & connected matter reserved category candidates (SC/ST/OBC) and physically disabled candidates is also without proper application of mind. Appropriate concession is to be given by the UGC and the JNU, taking into account the seats filled, having regard to the implementation of the regulations in the last two academic years;
(3) The JNU is directed to take suitable review action to ensure that in any given academic year, no M.Phil./Ph.D. seat is left unfilled. It is also held that the UGC guidelines of 2016 in so far as they prescribe the supervisor researcher/ student ratio is valid.
Point 3 has to be read along with....
Point 34:- "The point states….These statistics only go to show that despite the approved capacity of 3236 Ph.D. scholars and 1120 M.Phil. seats, 657seats went unfilled. In these circumstances, the assertion that there was no “seat cut” cannot be taken at face value. It thus appears to the Court that 657 seats (221 M.Phil. and 436 Ph.D.) vacancies existed. Clearly these were unfilled despite existence of capacity in the JNU."
Point 35:- "Clearly, the JNU, in implementing the UGC Regulations, 2016 has either deliberately or on account of wrong implementation, left unfilled a substantial number of (about 657 M.Phil. and Ph.D. seats). In the opinion of this Court, this is not healthy; it amounts to a national waste and requires to be redressed appropriately."
This judgement has come at a juncture when the RSS-BJP led government tried their best to trample upon the reservation policy and prepare a ground to eliminate the students from the marginalised section from accessing higher education. SFI pledges to take the struggles for social justice forward with rigour and ensure that equal and affordable education remains open and accessible for all.
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