Delhi HC Stays NLU-Delhi's 50% Horizontal Reservation For Students Who Passed Qualifying Exams From Institutes In NCT [Read Order]

The Delhi High Court on Monday stayed the decision to introduce 50% horizontal reservation in National Law University Delhi to students who passed their qualifying exam from the institutes located within the National Capital Territory.The Court ordered "Status quo ante as of the previous academic year shall be maintained for making admissions to the BA LL.B (Five Year Programme) and LL.M (One Year Programme) in NLU, Delhi, for the academic year 2020-21" . A division bench of Justices Hima Kohli and Subramonium Prasad further directed that: 'The University is directed to bring out a fresh admission notification before 2nd July and is also directed to publish the same on its website. A further one week period is given to enable the students to apply afresh who may be interested in applying for the admission process.'While observing that the Petitioners have made out a prima facie case in their favour, the court noted that the decision for providing horizontal reservation has been taken by NLU, Delhi in haste without acting in accordance with the NLU Act. The court said: 'We are of the opinion that if the impugned notification is not stayed, grave prejudice would be caused to the students who would be applying for admission in the respondent No.3/NLU, Delhi for the academic year 2020-21. In fact, staying the operation of the impugned notification insofar as horizonal reservation of seats for students belonging to Delhi has been provided for the academic year 2020-21, would result in inviting a larger section of students.' The court further noted that there was no tearing hurry for the NLU Delhi to have reserved seats for the academic year 2020-21. The existing policy could have been continued till the Governing Council took a decision on the issue upon receiving the recommendations of the Committee constituted by it. The Court said: 'When the Governing Council is the Supreme Body and the Statute vests powers on it to take all policy decisions relating to the University, it is incomprehensible as to how the Council could be side-stepped and the impugned Admission Notification dated 14.01.2020 and the Admission Guidelines be issued providing for horizontal reservation.' All the other issues shall be taken up for hearing on 18th August 2020. The examination shall take place on the date so mentioned.[Also Read] NLU-D Succumbed To Delhi Govt Pressure To Introduce 50% Horizontal Reservation : Delhi HCFiled by Pia Singhh, the petition submits that the reservation policy of respondent University to give 50% reservation to those students who have passed their qualifying degree from Institute situated in Delhi is not only against the constitutional mandate under art 15(3) but is also against all reasonable and logical norms. It is argued that the classification for 50% reservation to students who have passed their qualifying degree from Institute situated in Delhi is far away from intelligible differentia. Also, there seems no object behind this classification which the respondent university seeks to achieve. Furthermore, providing 22% reservation to OBC and 10% reservation to EWS category without increasing the total no. of seats is also challenged as unconstitutional and against the mandate of guidelines issued by MHRD. "Since, the petitioner belongs to General/Unreserved category, and is also a permanent resident of Delhi and intends to pursue her LL.M. from NLU Delhi; the provision of 50% reservation to the students of Delhi and also, the provision of 22% OBC & 10% EWS reservations in LL.M. without increasing the number of seats as per MHRD guidelines is adversely affecting her chances of selection and her future career prospects", it is urged. The petitioner has averred that In the previous academic year i.e. 2019-20 total seats for LL.M was 70. Out of these seats 15% for SC & 7.5% for ST were vertically reserved and 5% for PWD were horizontally reserved. On 02.03.2020, NLU Delhi has issued its e-prospectus for under graduate & post graduate course for academic year 2020- 21. A provision for 50% reservation was made for students of Delhi. Also, provision for 22 % OBC & 10% EWS reservation in addition to 15% SC & 7.5% ST reservation was made for both B.A. LL.B. and LL.M. courses from the academic year 2020-21. "It is apparent by analysing seat matrix of both academic years that in the previous year seats for unreserved category were 64 but in this academic year only 30 seats were notified for the unreserved category. Hence, NLU Delhi has grossly violated the guidelines issued by MHRD and reservation for OBC & EWS were implemented without increasing the seats", it is sought to be contended. Further, it is brought to the attention of the Court that while making 50% horizontal reservation for students of Delhi two classification was made by respondent i.e. First, Candidates passing the qualifying examination from a recognised School/ College/ Institute located within the NCT of...

Delhi HC Stays NLU-Delhi's 50% Horizontal Reservation For Students Who Passed Qualifying Exams From Institutes In NCT [Read Order]

Karan Tripathi

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