Today, Delhi's Jamia Millia Islamia University opposed a PIL filed in the Delhi High Court seeking 10% reservation for Economically Weaker Sections (EWS) students in the context of a constitutional amendment in 2019.
JMIU told the court that being a minority institution, it is not mandatory for us to implement the EWS quota. Nor is the Institute bound to do so.
In an affidavit filed in response to a petition filed in the Delhi High Court, JMI said that according to the office memorandum issued by the Government of India in January 2019, EWS reservation in central educational institutions is not applicable to minority institutions.
“The Government of India, through the Ministry of Human Resource Development, Department of Higher Education, had issued an Office Memorandum dated 17th January 2019 for reservation of EWS in Central Educational Institutions, which stated that EWS reservation would be applicable to eight outstanding candidates. shall not apply to research institutions and minority educational institutions referred to in clause (1) of article 30 of the Constitution”
The reply, filed through JMIU's advocate Pritish Sabharwal, states that the EWS reservation will not be applicable in the context of Jamia Millia Islamia under the office memorandum of the government.
Further, Jamia in its affidavit said that the National Commission for Minority Educational Institutions had issued an order in February 2011 to declare Jamia Millia Islamia as a minority institution.
Jamia also said that PILs are being misused by private individuals. The present petition deserves to be dismissed.
On the other hand, law student Akanksha Goswami had moved the High Court earlier this year. Goswami had said in his petition that in terms of the Constitution 103rd Amendment Act 2019, seats should be reserved for EWS category students at the time of admission from the academic year 2023-2024. This amendment provides for 10 percent reservation for them in higher education and government jobs.
Akanksha Goswami argues that JMIU should be directed to implement EWS reservation, as it is a Central University, aided by the University Grants Commission (UGC). Now the next hearing in this matter will be on 17 August.
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