RAJIV SHAKDHER, J.

WP(C) 7574/2015 & CM No. 14574/2015 (interim directions)

PREFATORY FACTS

1. The petitioner, who falls in the category of Other Backward Classes (OBC) seeks admission in the M. Phil Programme of Centre for Social Health and Public Medicine, offered by respondent no.1 i.e. Jawahar Lal University (hereinafter referred to as “JNU”), qua academic year 2015-2016.

1.1 Admittedly, the petitioner sat in the entrance exam held for this purpose, by JNU and, in the exam so held, stood second in the merit list drawn up for the OBC category. The petitioner was, however, denied admission to the M. Phil Programme for the reason that he had failed to secure the minimum, prescribed, eligibility marks in the Master’s degree obtained by him. Qua the Centre for Social Medicine and Public Health, the JNU, has pegged the minimum eligibility marks at 55%, whereas the petitioner has secured 50% marks in his Master’s degree, which incidentally, as indicated above, is a degree he has obtained from JNU. The petitioner has obtained his Master’s in Russian language.

1.2 Apparently, the minimum eligibility criteria prescribed by JNU for admission to the M.Phil Programme, which as noticed above, was fixed at 55%, makes, no distinction between a candidate who falls in the General Category (i.e. the unreserved category) as against one who falls in the OBC category. There is, however, a relaxation extended, in favour of candidates falling in the SC/ST category. In so far as candidates falling in the SC/ST category are concerned, they are required to simply pass the qualifying examination, that is, the base-course. As against this, candidates falling in the OBC category, as adverted to above, are required to secure 55% marks, like those candidates who fall in an unreserved category.

1.3 This disparity is at the heart of the controversy which arises for adjudication in the instant writ petition.

2. Before I proceed further, let me, broadly, notice the relevant facts and circumstances which led to the institution of the writ petition in this court. In February, 2015, JNU, it appears, had taken out its prospectus for the academic year 2015-2016, in respect of admissions for various courses offered by it, including the M.Phil Programme. As per the provisions of the prospectus, as noticed above, the prospective candidates were required to appear in an entrance exam followed by a viva voce.

2.1 It is important to note, that at the stage of the entrance examination, 10% relaxation is offered in favour of candidates falling in the OBC category as against those who fall in General Category. Therefore, while candidates falling in the General Category were required to secure 40 marks, in so far as those candidates who fell in the OBC category, they had to secure a minimum of 36 marks. Thus, a 10% relaxation in marks was given to the OBC candidates in contrast to those falling in General Category, at the entrance examination stage.

2.2 As would be evident from my narration hereinabove, qua the base-degree i.e. the Master’s degree, JNU offered no relaxation to candidates falling in OBC category. Thus, candidates belonging to both OBC and General Category, were required to obtain a minimum of 55% marks vis-a-vis their base-degree i.e. Master’s degree.

2.3 This was, however, not the case, as noticed above, vis-a-vis the SC/ST candidates.

2.4 On 19.05.2015, the petitioner took his M. Phil Programme entrance examination. Around the same time, the petitioner also sat for his final examination, for Master’s in Russian Language.

2.5 On 03.07.2015, JNU, declared the result for the entrance examination vis-a-vis the M.Phil Programme. The petitioner was among those 70% candidates, who were called for viva voce. Consequent thereto, the petitioner appeared before the interview board, constituted by JNU, on 14.07.2015.

2.6 In and around the aforesaid date, JNU declared the result for the Master’s degree in Russian Language. The petitioner secured 50% marks in the said exa