High Court DB stays 50% Domicile Reservation in this National Law School, fresh admissions ordered

On Monday, the Delhi High Court has stayed the move to introduce 50% reservation at National Law University, Delhi for students who have passed their qualifying exams in Delhi only and directed it to issue a fresh admission notification on or before July 2.

The Court while delivering the order has observed that he petitioners who has challenged the reservation had made a prima facie case for a stay on it.

Students of NLU Delhi had filed a petition against the introduction of 50% horizontal reservation for candidates who have cleared their qualifying examinations from an institute in Delhi and not from any other place.

One of the petitioners who intended to pursue an LL.M. from NLU Delhi after graduating from a University in Rajasthan claimed that she has been adversely affected by University's move. Further, the University also extended 22% OBC & 10% EWS reservations in the LL.M. course, that too without increasing the number of seats.

On the last date of hearing, the Delhi Government had argued that NLU Delhi was not a Central University or a National institute of excellence, and was only a State University which came into existence on the basis of the Act enacted by the Delhi legislature and that the reservation policy was in accordance with the NLU Delhi statute, in furtherance of Article 41 of the Constitution, and was protected by several judgments of the Supreme Court.

On the other hand, Learned Counsel of the Petitioners vehemently argued that the Delhi government 'arm-twisted' the University Admin into rolling out the reservation for local candidates, in violation of the NLU Delhi Act.

He further added that the decision to roll out the impugned reservation was taken without even awaiting the decision of a Committee headed by Supreme Court judge, Justice NV Ramana on the issue of domicile reservation at NLU Delhi.

He submitted that the criteria of clearing the qualifying examination from an institute in Delhi wasn't rational or valid, as it may exclude a Delhiite who moves to another city for his 10th/12th standard schooling.

The Court shall again take up the matter on August 18.\

The order has been passed by a Bench of Justices Hima Kohli and Subramonium Prasad on 29-06-2020.