Sakina Tashrifwala
Published on: October 17, 2022 at 20:33 IST
The Delhi High Court has allowed Sharjeel Usmani, a former Aligarh Muslim University (AMU) student, to sit for the third semester examinations for the ‘MA in Social Exclusion and Inclusive Policy‘ at Jamia Millia Islamia University (JMI).
Justice Sanjeev Narula further ordered JMI to release Usmani’s first and second semester exam results as soon as possible.
The court also ordered the varsity to confirm his entrance.
Usmani had petitioned the High Court earlier this year, requesting that JMI allow him to sit for the first semester tests, which were scheduled to begin after February 20.
He had only been allowed provisional admittance since he could not provide a character certificate. On February 23, an interim order was issued in his favour, allowing him to take the first semester exams.
As a result, he was also permitted to take the second semester exams.
His petition sought JMI to consider only criminal convictions as a negative remark on a student’s character and to fully dismiss filing of FIRs while considering admission of a student to a course or test.
Usmani’s counsel informed the court on October 12 that his name was not included in the results for the first and second semester examinations because his result had been withheld.
Responding to the said submission, JMI’s standing counsel argued that the court’s orders allowing Usmani to sit for the two semester exams were only temporary, and that his character certificate from AMU mentioned criminal cases filed against him in connection with the protests against the Citizenship Amendment Bill (CAB).
However, in response to a court question, the counsel admitted that there is no provision in JMI ordinance on the subject.
According to Justice Narula, the character certificate simply mentions criminal cases and makes no reference of a final decision or any conviction order against Usmani.
“Petitioner was barred from taking the aforementioned examinations due to a delay in providing a character certificate. According to AMU’s attorney, the delay was caused by AMU seeking a legal opinion on the question of mentioning criminal offences in the character certificate,” the court stated in its order.
The court ruled that the delay in providing the character certificate could not be blamed on Usmani, saying:
“As a result, petitioner could not have been denied the right to write the aforementioned semester examinations, especially because he had attended classes.”
The court went on to say that he had already appeared in the first and second semesters and that it would be a “travesty of justice” if the interim injunction was not confirmed.
Confirming the interim decision, the court handed the JMI the following three directives:
(a) JMI shall immediately declare the results of Petitioner in respect of first and second semester examinations;
(b) Petitioner’s admission shall be fully regularised;
(c) Accordingly, he shall be permitted to appear in third semester examinations.