1 Sep 2020 3:32 PM GMT
The Karnataka High Court on Tuesday reserved its order on a batch of petitions challenging the 25 percent domicile reservation at the National Law School of India University for students of Karnataka. A bench of Justice B V Nagarathna and Justice Ravi V Hosmani will be pronouncing the order. Senior Advocate K G Raghavan appearing for a law aspirant had submitted that...
The Karnataka High Court on Tuesday reserved its order on a batch of petitions challenging the 25 percent domicile reservation at the National Law School of India University for students of Karnataka.
A bench of Justice B V Nagarathna and Justice Ravi V Hosmani will be pronouncing the order.
Senior Advocate K G Raghavan appearing for a law aspirant had submitted that "The reservation is in violation of Article 19 (1) (g) and is violative of Article 14, he said there is no rational basis for making a distinction between Karnataka and students from outside".
Further, when the admission process had started from January, can this amendment of April 27 affect the admission process, he asked. He claimed that the only reason for this amendment is that law schools in some other states have made reservations for their students. "Is this a sufficient reason for making reservations for Karnataka Students?" he asked.
Raghvan also submitted that the Bar Council of India, Bar Council of India Trust and Society formed by the trust, all of them have created the University and it was established under the statute of the State. It is a creation of the Bar Council with the blessing of the state. "It is not like the Bangalore University or Karnataka Law University or Karnataka University." It is not a private body but an autonomous body he submitted.
Raghavan also questioned the intent as made out by the state in its statement of objections to pass the amendment. "The State seems to suggest that this amendment became necessary to ensure equality within the state among the socially and backward class of people. As a populist statement it is quite attractive, but it needs to be Constitutionally valid too."
In March, the Karnataka State Assembly passed the National Law School Of India (Amendment) Act, 2020, which received the Karnataka Governor's assent on April 27. As per this amendment, NLSIU should reserve horizontally twenty-five percent of seats for 'students of Karnataka'.
The amendment inserts the following proviso in Section 4 of the National Law School of India Act :- "Notwithstanding anything contained in this Act and the regulations made thereunder, the school shall reserve horizontally twenty-five percent of seats for students of Karnataka."
As per the explanation of this section, "student of Karnataka" means 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."
The bench has repeatedly during the hearings questioned the intent of the state government in introducing the legislation. "You are wanting to benefit students who are well placed. Students who really require a reservation in Karnataka, you (state) are not giving," has been the view expressed by the bench.
The Bar Council of India has also approached the court challenging the amendment Amendment Act.
Reports about previous hearing may be read here :
Object Of NLSIU Domicile Reservation To Ensure That A Portion Of Students Stay Back To Serve The State : Karnataka AG Tells HC
NLSIU Not A State University; Govt Funding 'Very Minuscule' : University Tells Karnataka HC
'Domicile Reservation Goes Against Objective Of National Law School': Bar Council Of India Tells Karnataka HC
'It Will Only Help Students Of Elite Schools': Karnataka HC Asks State To Clarify Who Will Benefit From NLSIU Domicile Reservation