Delhi High Court Issues Notice On PIL To Exempt Women From Paying Entrance Fees Of IITs, AIIMS, Other Exams

The Delhi High Court has issued notice on a PIL seeking exemption for women candidates from paying the entrance fees for exams conducted by Central Autonomous Bodies like IITs, AIIMS etc.

A division bench comprising Chief Justice DK Upadhyaya and Justice Tushar Rao Gedela sought response of the Union Government, University Grants Commission and National Testing Agency.

Filed by one Mona Arya, the plea seeks proper implementation and enforcement of an Office Memorandum issued on August 03, 2010, by the Ministry of Personnel, Public Grievances and Pensions (Department of Personnel and Training).

As per the OM, directions were issued to exempt Women candidates from the payment of fees in any Examination or Test or Interview conducted by the Central Autonomous Bodies.

It is Arya's case that she got information through RTI Applications that various Central Autonomous Bodies have been charging registration or examination fees from women candidates, in violation of the Office Memorandum in question.

The plea states that Arya is acting in larger public interest, as enforcement of the Office Memorandum would enable millions of women, especially from underprivileged or unsupportive familial backgrounds, to submit their candidature and apply for exams and interviews conducted by Central Autonomous Bodies, such as the Joint Entrance Examination and the Common University Entrance Test etc.

“The authority to issue such executive orders, as reflected in the aforesaid Office Memorandum for the welfare of women, finds its basis in Article 15(3) of the Constitution of India, which empowers the State and its instrumentalities—such as the Department of Personnel and Training,Ministry of Personnel, Public Grievances and Pensions—to make special provisions for women and children. Accordingly, non-compliance with the said Office Memorandum amounts to a violation of the fundamental right to education,” the plea states.

Arya has argued that the inaction and non-implementation of the Office Memorandum is against the scheme of constitutional governance.

She adds that the inability of the authorities to enforce their own executive order in accordance with the law is unreasonable, unfair, unjust, unwarranted, irrational, illegal, arbitrary and unconstitutional.

Arya is represented by Advocates Md. Imran Ahmed, Yashodhara Singh, Perpeet Brar, Amarjeet Gupta and R. Jude Rohit

Title: Mona Arya v. Union of India & Ors.