Page 1 of 6

$~33 (2021 Cause List)

*

IN THE HIGH COURT OF DELHI AT NEW DELHI

Date of Decision: December 22, 2021

+

W.P.(C) 14856/2021

SANSKRITI SHARMA

..... Petitioner

Through:

Mr.

Kumar

Piyush

Pushkar,

Advocate.

versus

JAWAHARLAL NEHRU

UNIVERSITY AND ORS

..... Respondents

Through:

Ms. Monika Arora, Advocate.

CORAM:

HON’BLE MR. JUSTICE PRATEEK JALAN

PRATEEK JALAN, J. (ORAL)

%

The proceedings in the matter have been conducted through

video conferencing.

CM APPL. 46886/2021 (for exemption)

Exemption allowed, subject to all just exceptions.

This application stands disposed of.

W.P.(C) 14856/2021 & CM APPL. 46885/2021 (for stay)

1.

Issue notice. Ms. Monika Arora, learned counsel, accepts notice

on behalf of the respondents- Jawaharlal Nehru University [“JNU”].

2021:DHC:4336

Page 2 of 6

2.

The petitioner applied for admission to the Ph.D. course in

Hindi in the Centre for Indian Languages, School of Languages,

Literature and Cultural Studies, JNU. This petition is directed against

a communication dated 07.12.2021, by which she has been held to be

ineligible for the said course by JNU.

3.

The contention of the petitioner is that she applied for

admission to Ph.D. in Hindi in the National Eligibility Test [“NET”]-

Junior Research Fellowship [“JRF”] category. Mr. Kumar Piyush

Pushkar, learned counsel for the petitioner, submits that in the

academic session 2021-22, JNU did not offer any seats for Ph.D. in

Hindi other than through the NET-JRF category. The petitioner’s

contention is that although she had not taken the NET-JRF

examination, conducted by the University Grants Commission, she

was entitled to be considered in the said category as the NET-JRF has

not been conducted in the last three cycles.

4.

Ms. Arora submits that admissions to Ph.D. programmes at JNU

are offered either through the NET-JRF category, or through the JNU

Entrance Examination [“JNUEE”]. In the event the candidate is not

NET- JRF qualified, he/she is entitled to appear in the JNUEE, and

seek admission to Ph.D. courses. On the other hand, a NET-JRF

qualified candidate is not required to appear in the JNUEE but must

submit himself/herself to an interview.

5.

The petitioner applied in the NET-JRF category and was

subsequently interviewed, but was ultimately held to be ineligible as

she has admittedly not taken the NET-JRF examination. Mr. Pushkar

2021:DHC:4336

Page 3 of 6

submits that, at the time the prospectus was issued, the NET-JRF was

scheduled to be held in June, 2021, but has now been postponed to

December, 2021. In these circumstances, he submits that the petitioner

ought to be held to be eligible for admission, although she admittedly

did not hold the requisite qualification of NET-JRF at that time.

6.

The relevant extracts of the prospectus dealing with the

situation have inexplicably not been annexed to the writ petition.

However, the relevant portion of the prospectus has been screen-

shared during the video-conference hearing by the learned counsel. It

reads as follows:-

“Admission of JRF holders to Ph.D. programme

Only those candidates who fulfil the minimum eligibility

schools/centres and have qualified for Junior Research

Fellowship through CSIR, UGC National Eligibility Test

(NET), ICMR, ICAR, AYUSH, DBT examination are

eligible to apply separately in the prescribed form under

this category in the respective school/centre/Special

interview. Candidates who have appeared in these

examinations, but results awaited may also apply under

this

category.

However,

such

candidates

will

be

interviewed upon submission of a valid proof of having

qualified for or awarded the JRF certificate at the time

of interview. Please note that candidates who have been

2021:DHC:4336

Page 4 of 6

[Emphasis supplied.]

7.

It appears from the above that a candidate was entitled to apply

in the NET-JRF category only if he/she had the requisite qualification,

or had appeared in the examination but the results were awaited. Even

in the latter case, t