A High Court bench comprising of Acting Chief Justice Gita Mittal and Justice Anu Malhotra said that the said matter needs consideration and asked the university to file its response through na affidavit before April 28, which is also the next date of hearing.
Earlier, the single judge bench had rejected the student's plea and said that the UGC Act under which the regulation to put a cap on number of students was passed was enacted by the Parliament and would prevail over the JNU Act which laid down the procedure for adopting the notification. The students had contested that the regulation only set the minimum standard and it was up to the university in what way to implement them. The single judge had rejected this contention and said that once UGC laid out the regulation, the university had to follow it.
The student's plea had said that the UGC notification dated July 5, 2016 put their future in jeopardy as it would be difficult to find research supervisors/guides because of the regulations laid out in the notification.
Other than the JNU students, the Students Federation of India (SFI) had also moved the court against the UGC norms on eligibility and manner of admission to MPhil and PhD courses. The SFI in its plea has challenged the constitutional validity of the UGC (Minimum Standards and Procedure for Award of MPhil and PhD degree) Regulations 2016 which came into effect from July 5, 2016.
SFI called the Regulations "irrational, unreasonable and arbitrary" and said that it was against the fundamental rights and the Directive Principles of State Policy.
(With Inputs from PTI)
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