The High Court of Karnataka on Tuesday passed an interim order to stay the National Law School of India University (NLSIU) Amendment Act 2020 passed by the Karnataka Assembly to grant 25% domicile reservation to Karnataka students in NLSIU, Bengaluru.
The court has also stayed the 5 percent concession on the cut-off score in the admission test to students of Karnataka which was introduced by NLSIU by a notification dated August 4 for granting the impugned reservation.
The bench comprising Justices B V Nagarathna and Ravi Hosmani said : "Bearing in mind the issue that arises in petitions and being conscious of interest of students who are aspiring to take admission to the law school we think it proper to pass interim order."
The Court however asked NLSIU to go ahead with the admission process as per the revised seat matrix of 120 notified on August 4. In other words, there is no interim order regarding the increase of the seats from 80 to 120.
A bench comprising Justices B V Nagarathna and Ravi Hosmani said :
"Since we have stayed the impugned amendment we have also stayed that 5 percent concession. However, you (NLSIU) prepare the list as per the impugned amendment and 5 percent concession and keep it in a sealed cover and don't publish it. Publish only the merit list without the amendment."
The Court also clarified that the merit list will be subject to the result of the writ petition. All Admissions to the NLSIU till final orders are to be treated as provisional admissions.
It was in March that 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."
Challenging the amendment, a group of law aspirants moved the Karnataka High Court. The Bar Council of India also filed a writ petition challenging the domicile reservation.
Reports about previous hearing may be read here :