Tabish Khan v. Jamia Millia Islamia University

$~67 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 10803/2024 & CM APPL. 44435/2024 TABISH KHAN .....Petitioner Through:

Mr. Anupam Kishore Sinha, Mr.

Pradeep Kumar Tiwari, Mr. Sahitya Srivastava, Mr. Ashay Kaushik, Mr.

Apoorv Jha, Advocates.

versus JAMIA MILLIA ISLAMIA UNIVERSITY .....Respondent Through:

Mr.

Pritish Sabharwal, Standing Counsel JMI.

CORAM:

HON'BLE MS. JUSTICE SWARANA KANTA SHARMA

O R D E R

% 07.08.2024 1.

The present writ petition under Article 226 of the Constitution of India, has been filed on behalf of the petitioner, praying as follows: "A. Allow the instant Writ Petition and issue a Writ in the nature of Mandamus or any other appropriate Writ, Order, or Direction in the like nature, quashing/ setting aside the Clause 3 (iv) of Ordinance 5 of Ordinances (Academics), Jamia Milia Islamia promulgated by the Respondent University in relation to Admission and Enrollment of Students;

B. Quash Guideline No. XV(d) of the General Guidelines of Admission in the Prospectus for academic year 2024-25"

2.

At the outset, learned counsel for the petitioner submits that he does The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

not wish to press the prayers of the main writ petition, as mentioned above. 3.

However, this Court‟s attention has been drawn towards CM APPL. 44435/2024, in which, it has been prayed as follows: "A. Allow the instant Application and direct the Respondent University to consider the candidature of the Petitioner subject to the final outcome of the instant Writ Petition; and/or B. In an alternative, stay the admission process for the MSW and HRM courses, pending adjudication of the instant Writ Petition;"

4.

Learned counsel appearing on behalf of the petitioner submits that he presses the present writ petition, limited to prayer „A‟ only in CM APPL. 44435/2024. He further states that the petitioner does not wish to press prayer „B‟ of the said application, at this stage. 5.

In the facts and circumstances of the case, this Court directs that the present writ petition, limited to prayer „A‟ made in CM APPL. 44435/2024, be treated as a representation, on behalf of the petitioner herein, and be decided by the competent authority within one week from today, under intimation to the petitioner.

6.

This direction has been passed in the presence of Mr. Pritish Sabharwal, learned Standing Counsel for respondent University, who undertakes that the petitioner‟s representation shall be decided within one week.

7.

No further relief is prayed for.

8.

With the above directions, the present writ petition is disposed of along with pending application, if any.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

9.

The order be uploaded on the website forthwith. SWARANA KANTA SHARMA, J AUGUST 7, 2024/at Click here to check corrigendum, if any The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.