$~60 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 2612/2022 DAVNEET KAUR ..... Petitioner Through: Mr. Govind Bali and Ms.

Dakshita Sangwan, Advs.

versus JAMIA MILLIA ISLAMIA AND ORS. ..... Respondents Through: Mr. Pritish Sabharwal, Standing Counsel for JMI.

Mr. J.P Nahar and Ms. Nihaarika Jauhari, Advs. for R-5/RCI.

CORAM:

HON'BLE MR. JUSTICE C. HARI SHANKAR J U D G M E N T (ORAL)

% 23.04.2024 W.P.(C) 2612/2022

1. The prayer clause in this writ petition reads as under:

“It is therefore, most respectfully prayed that this Hon'ble Court maymost graciouslybe pleasedto:

A. Issue a writ, order or direct the Respondents to admit thePetitionerinthecourseofM.Ed.

B. Issue a writ, order or direction to quash the unusual condition in the admission criteria so that violation Article

14does not takeplaceinthefuture.

C. Issue a writ, order or direction in the nature of Prohibition to put the admission process in course of M.Ed.

Special education,till thedisposal ofthis writ.

D. To consider the Education along with Relevant Experience of the Petitioner and allow her to pursue M.Ed Special education (learning disabilities) from Jamia Milia Islamia University.

Signature Not Verified Signature Not Verified Digitally Signed By:AJIT Digitally Signed KUMAR W.P.(C)2612/2022 Page1of7 By:CHANDRASHEKHARAN E. Issue any other suitable writ, order or direction as this Hon'ble Court may deem fit and proper in the facts and circumstances oftheinstant matter.

F. Award cost of this petition in favour of the petitioners.”

2. At the outset, Mr. Bali, learned Counsel for the petitioner submits that he does not press Prayer B. As such, the only reliefs that survive are Prayers A, C and D. Of these, Prayer C has also no application at this stage.

3. The only question that the Court has to consider is, therefore, whether the petitioner is eligible for being admitted to the M.Ed.

course in the Jamia Millia Islamia (JMI) university.

4. The minimum eligibility requirements stipulated for admission to the M.Ed. course in the JMI as contained in the prospectus of the JMI, are as under:

“B.A. or B.Sc. (except B.A./ B.Sc. Vocational or B.Com.) from Jamia or any other university recognized by the Jamia and 50% marks in B. Ed. (Special Education) with specialization in Visual Impairment orLearningDisabilities.

OR B.A. or B.Sc. (except B.A./ B.Sc. Vocational or B.Com.) from Jamia or any other university recognized by the Jamia and 50% marks in B. Ed. degree and 50% marks in One Year Course in Special Education with specialization in Visual Impairment or LearningDisabilities.

OR B.A. or B.Sc. (except B.A./ B.Sc. Vocational or B.Com.) from Jamia or any other university recognized by the Jamia and 50%

Signature Not Verified Signature Not Verified Digitally Signed By:AJIT Digitally Signed KUMAR W.P.(C)2612/2022 Page2of7 By:CHANDRASHEKHARAN marks in Diploma for Secondary School teachers of Visually Handicapped or Learning Disability from Institution recognized byRehabilitationCouncil ofIndia.”

5. Mr. Bali, at the outset, acknowledges that his client does not, strictly speaking, qualify under any of the three categories of eligibility qualifications envisaged in the prospectus (supra).

6. However, though she has a B.Ed. in Special Education, the degree does not include any specialization in visual impairment or learning disabilities.

7. Mr. Bali has drawn my attention to the provisional certificate dated 24 August 2012 issued by the Lady Irwin College from where the petitioner obtained her degree. The certificate is for “B.Ed. (Special Education – M.R.)”. It is quite clearly not for B.Ed. with any specialization in visual impairment or learning disabilities.

8. Mr. Bali then seeks to contend that “M.R.” stands for “Mental Retardation”, which is also a learning disability. The petitioner has, therefore, he submits, to be regarded as possessing the prescribed qualifications for admission to the M.Ed. course in the JNU. He places reliance in this context on the definition of “specified disability” in