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Gautam Sharma v. Jawahar Lal Nehru University and Ors. - (High Court of Delhi) (19 Jan 2016)

Lower eligibility limit for OBC student applying to M. Phil Programme ordered



Jawaharlal Nehru University’s policy of requiring OBC students meeting the same threshold to qualify for its M. Phil Programme as general category students was struck down for being unconstitutional under Article 14 of the Constitution. The Court noted that the University was within its rights in setting the minimum eligibility bar at the same level for general and OBC students, however, such a determination was contrary to its admission policy of ensuring that underprivileged and socially handicapped sections of society were represented in the institution. Though the Court did not itself specify a lower threshold for OBC students, it directed the same to be between the concession accorded to SC/ST students and the standard for general category students. Petitioner was permitted to join the course from 2016 onwards.

Relevant : P.V. Indiresan (2) v. Union of India & Ors. MANU/SC/0954/2011 Sadananda Halo & Ors. v. Momtaz ali Sheikh and Ors., MANU/SC/7226/2008


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