The Karnataka govt bought reservation amendment act, 2020 i.e. The National Law School of India Amendment Act, 2020.
Through which a state could make educational reservation in other state for the welfare of the students, which is provided in the state list.
Karnataka Law Minister JC Madhu Swamy wrote a letter to the Vice Chancellor of he National Law School of India University (NLSIU), Bengaluru expressing his displeasure at the university for non-appliance of domicile reservation for the last two years.
In the amendment, Whereas, National Law School of India, University, Bangalore is the structure of state legislature. No restriction are provided in the said University of Karnataka students and they are deprived of their opportunities.
However, it is also to be noted that the Karnataka High Court in its decision dated September 29, 2020 had struck down the validity of the National Law School (Amendment) Act, 2020 passed by the Karnataka government in April 2020.
In the case of Yatin Kumar jasubhai Patel v. State of Gujarat, the hon’ble supreme court held are as follows:
“the decision of this court In this case of Dinesh Kumar II ( supra), providing 25% institutional preference has been distinguished by a constitutional bench of this court in the case of Shubhra Chaudhry (supra). Therefore, once the institutional preference to the extend of 50% Of the total number of open seats has held to be permissible…” the reservation should be done in an appropriate and in considerate manner or it will be further quashed or not substitute by the court.
Now, therefore, initially It is necessary to provide 25% of Seats to Karnataka students in National Law School of India, University Bangalore by amending the National Law School of India Act, 1986(Karnataka Act 22 in 1986).
Amendment done by the Karnataka State Legislature which includes are as follows:
Amendment of Section 4: Section 4 of the National Law School of India Act, Karnataka Act 22 in 1986 under after sub- section(2), the following shall be inserted, namely
“ (3) Notwithstanding anything contained in this act and the regulations made there under, the school shall reserve horizontally twenty five percent of seats in for students of Karnataka.
Explanation
For the purpose of their section “student of Karnataka “ menas a student who has studied in any one of the recognized educational institutions in the state for a period of not less than ten years preceding to the qualifying examination.”
JS Madhu said that students of Karnataka are deprived of their opportunity to study at the law school.
“Instead of providing 25% reservation seats to Kannadigas, NLSIU Bengaluru has compartmentalized the reservation and provided a quantity of 25% including those who have been selected under the All India Rank,” the letter said.
They are not following the rules, and therefore, this is against the spirit of reservation and the intent of the NLSIU Amendment Act, he said.
“Reservation always meant to those who are not selected under general quota based on All India Rank. General quota students cannot be clubbed with Karnataka domicile reservation category,” the letter stated.
Therefore, JS Madhu urged the Vice Chancellor to ensure that the written rules are implemented in a manner that 25 per cent domicile reservation provided to Kannadigas from the coming academic year while excluding those who became eligible based on their All India Rank.
The university stated, “NLSIU ensures that Karnataka Students are admitted to 25 per cent of seats in every vertical category, including General/ SC/ ST/ OBC/ EWS and as a result, constitute at least 25 per cent of the overall student body.”
“That means NLSIU is grouping even the meritorious students who are supposed to be under general category along with domicile reserved students. It is very much against the spirit of reservation and intent of the Act,” Madhuswamy had said.
However, the University responded saying, “Admission for Karnataka Students at NLSIU is implemented in an identical manner to state horizontal reservations at every other NLU. Admissions to the open, vertical and horizontal reservation categories are carried out by the Consortium, in accordance with the norms laid down by the Hon’ble Supreme Court,” the statement read.
However, the High Court in its decision said, “The state legislature has now power or authority under the Act to direct the respondent/Law School to provide reservations for students in view of the limited role of the State under the Act. Hence, the impugned Amendment by insertion of sub section (3) of Section 4 of the Act is declared illegal.”
As a result, the court held that the law school is an autonomous entity and any form relating to reservation for students, and admitted to it by the executive council of the law school bearing in mind the fact that it is an institution of national importance.
In return, the Karnataka government filed an appeal against the decision of the High Court by way of a Special Leave Petition filed before the Supreme Court, the matter was heard and no interim order has been issued by the Supreme Court.
BY: AYUSHI BHUSHAN, 1st YEAR, BA.LLB(INTERGRATED), BANASTHALI UNIVERSITY, RAJASTHAN
