Delhi HC Asks Centre, JNU To File Affidavits In Plea Challenging 27% Reservation for OBCs In PG Courses [Read Order]
4 years, 10 months ago

Delhi HC Asks Centre, JNU To File Affidavits In Plea Challenging 27% Reservation for OBCs In PG Courses [Read Order]

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Delhi High Court has asked the Central Government and Jawaharlal Nehru University 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. In the said case, the Supreme Court had upheld the validity of reservations in respect of persons belonging to the OBC category for admissions under the Central Educational Institutions Act, 2006 but with two express caveats: First, that the persons from creamy layer of OBCs would be excluded from reservations. In this context he further pointed out that as per the majority judgment in Ashok Kumar Thakur case, "Once a candidate graduates from a university, the said candidate is educationally forward and is ineligible for special benefits under Article 15 of the Constitution for post graduate and any further studies thereafter". Accordingly 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.

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