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2016 Supreme(Del) 287

RAJIV SHAKDHER
GAUTAM SHARMA – Appellant
Versus
JAWAHAR LAL NEHRU UNIVERSITY – Respondent


Advocate Appeared:
For the Petitioners:Mr. A. Mariarputham, Sr. Advocate with Mr. A. Subba Rao, Mr. Yusuf Khan, Ms. Anuradha Arputham, Ms. Savita Singh & Mr. K.L.D.S. Vinober, Advocates.
Mr. Rajeev K. Virmani, Sr. Advocate/ Amicus Curiae.
For the Respondents:Mr. Mohinder J.S. Rupal & Ms. Simran Jeet, Advocates for R-1 to 3.
Mr. Bhagvan Swarup Shukla, CGSC with Mr. Pradeep Desodia, Advocate for R-4.

JUDGMENT :

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




































































































































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