Court Demands Explanation from Jamia on Denial of Admission to Hamidur Rahman

According to a report in The Hindu titled “Notice to Jamia over denial of admission to student” dated Oct. 13, 2012, the Delhi High Court has issued a notice to Jamia on an appeal against a single bench order upholding the decision of the Vice-Chancellor to deny admission to Hamidur Rahman, a former Jamia student, in the M.A. Persian program.

As per the report, Hamidur Rahman had qualified for the M.A. Persian program for the academic year 2012-13, but was denied admission on the order of  the Vice-Chancellor Najeeb Jung. The VC apparently has the legal authority granted by the constitution to disqualify and disbar anybody from getting admitted to Jamia if he or she feels that a prospective student is likely to “cause indiscipline or was a threat to the peaceful atmosphere of the university.”

Rahman had earlier taken Jamia to court, arguing that the university had no ground to disqualify him on the basis of a threat to the peaceful atmosphere of the university. He argued that the university could not cite a single incident of indiscipline or misconduct that would make him a threat to the peace of the university, if admitted. However, the judge in the case had upheld the order of the university stating that “there was no infirmity in the order of the Vice-Chancellor, and in the exercise of its power under 226 of the Constitution.”

Later Rahman appealed the decision of the court and got a hearing in front of a division bench of the Delhi High Court. The bench taking cognizance of his appeal has now asked Jamia to reply to Rahman’s appeal in which he has asked for “records of the case, peruse it and quash the Single Bench order.”

It is unclear in the report, but it seems Jamia is now expected to justify their decision and prove to the court how Rahman is a threat to the peace of the university.

Rahman has alleged that his disqualification is not because he is considered to be a threat to the peace of the university; rather it is, he alleges, an underhanded tactic by the university to coerce him into withdrawing a pending public interest litigation case that seeks a direction from the court to conduct university students union elections.