Court notes State’s constitutional power to frame special provisions for women under Article 15(3)
The Delhi High Court has sought responses from the Union Government, the University Grants Commission (UGC), and the National Testing Agency (NTA) on a Public Interest Litigation (PIL) that seeks exemption of entrance examination fees for women candidates applying to premier centrally-funded institutions like the Indian Institutes of Technology (IITs), National Institutes of Technology (NITs), All India Institute of Medical Sciences (AIIMS), and other central universities.
A Division Bench of Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela issued notices to the Central authorities after hearing the plea filed by petitioner Mona Arya on May 29, 2025.
The PIL urges the Court to direct the concerned authorities to waive the exam fees for women candidates, highlighting that such a move would benefit millions of aspiring students, particularly those from economically weaker or socially unsupportive backgrounds.
“The step would enable millions of women, especially from underprivileged or unsupportive familial backgrounds, to submit their candidature and apply for exams and interviews to these institutions,” the petitioner stated.
Arya’s plea referred to an Office Memorandum dated August 3, 2010, issued by the Central Government, which had proposed fee waivers for women candidates. However, she submitted that this policy has not been implemented till date.
“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 to make special provisions for women and children,” the petition stated.
The PIL contended that the continued non-compliance with the 2010 Office Memorandum amounts to a violation of the fundamental right to education for women.
Representing the petitioner, the legal team comprised advocates Md Imran Ahmad, Yashodhara Singh, Perpreet Brar, Amarjeet Gupta, and R Jude Rohit.
The matter will now proceed once the responses from the Union Government, UGC, and NTA are filed.
Case: Mona Arya vs Union of India & Ors – Available on LAWFYI.IO
