Delhi HC extends stay on order upholding JNU's admission policy

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 MPhil and PhD courses based on the University Grant Commission (UGC) regulations.

A bench of acting Chief Justice Gita Mittal and Justice Anu Malhotra said that the admissions to MPhil and PhD courses for the academic year 2017-18 would be subject to the final outcome of the petition.

“The interim order to continue. Admissions to the courses will be subject to the final outcome of the writ petition,” the bench said and asked the parties to file written submissions on the matter.

The court listed the case for further hearing on July 27. The July 2016 regulations of the UGC had put a cap on the number of students per professor/supervisor in MPhil and PhD courses in all varsities across India.

A single judge of the high court had held that the JNU’s admission policy was bound by the UGC regulations and the varsity had to accept them without any deviation.

It had given the finding while dismissing some students’ plea challenging the JNU’s admission policy based on the UGC regulations.

However, a two-judge bench, on an appeal filed by the students, has stayed “the effect and operation of the findings on law” of the single judge.

The bench had passed the interim order as the findings of the single judge “would have wide ramifications” and the appellant students had “made out a prima facie case”.

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“In view thereof, it is directed that till the next date of hearing, there shall be a stay on the effect and operation of the findings on law of the single judge,” the bench had said.

The students, in their appeal, have contended that the single judge had “erroneously granted complete supremacy to the applicability of the UGC Act”.

The petitioners have argued that the UGC notification threatens to put their future in jeopardy as they would not be able to find a supervisor due to the clauses prescribed in the UGC notification, especially the one that puts a cap on the number of research scholars that each faculty member can accept.