Delhi High Court has asked the Central Government and Jawaharlal Nehru University (JNU) to file affidavits in a petition challenging the provision of 27% reservations to the persons belonging to OBC category in post graduation courses in Central educational institutions, specifically in JNU.
The Single Bench of Justice Rajiv Shakdher has noted that it will examine the matter in detail only once the said affidavits are filed and has given 2 weeks time to Respondents to file in affidavits.
Advocate Nishant Khatri, through Advocate Dr. Subhash Vijayran, has filed the petition challenging an Office Memorandum dated April 20, 2008, issued by the MHRD whereby the above provision was introduced.
The Petitioner has contended that impugned OM and the e-prospectus issued by JNU, providing 27% reservations to OBCs in its post-graduate courses, is unconstitutional being violative of Article 15 of the Constitution of India as interpreted by the constitution bench of the Supreme Court.
The Petitioner has submitted that he belongs to the Unreserved Category and intends to pursue his Post Graduation from JNU, which issued an e-prospectus last month as per the impugned OM thus, adversely affecting him.
He has further submitted that the cause of action in the present case is recurring and continuing year after year till date, with all Central Educational Institutions implementing the contemptuous OM of MHRD.
Accordingly, quashing of both the OM as well as the e-prospectus has been prayed for.
