On Wednesday, the National Commission for Backward Classes (NCBC) directed the University Grants Commission (UGC) to take stringent action against National Law Universities (NLUs) flouting mandatory reservation polices for students of socially & economically backward classes.
It was recommended in the order that NLUs should strictly implement the reservation policies applicable for OBC students and domicile students (as prescribed by the respective states) from the academic year starting in 2020.
The order stated:
"The Commission recommends that all the National Law Universities to strictly implement the UGC guidelines, Central Educational Institutions Reservation Rules, State Government Rules and orders by following the admission of OBC candidates of 27% in “all India seats” and “relevant percentage” recommended by State Governments in the local domicile seats for the admission of academic year starting 2020 onwards, and submit a compliance report at the earliest to this commission."
The NCBA took the matter into consideration after a complaint over the issue had been moved by Senior Advocate Ramesh Babu Vishwanathula last year, following which the Commission had initially summoned the Vice-Chancellor of NALSAR, Hyderabad in June 2019.
The NCBC also summoned Vice-Chancellors of other NLUs and state authorities later that year. It was alleged by the complainant that despite provisions for reservations in the Constitution, Central and State Laws, NLUs across the country were flouting the same.
The Commission was informed that repeated directions and advisories were served on the NLUs regarding the matter but failed to generate any effect. When the Commission sought reports, vague replies were given.
The Commission also expressed disapproved over a submission that the NLUs were completely governed by their respective statutes and that no other law was applicable.
The Commission held:
“This argument of the Vice-Chancellors is not correct. It must be noted that Constitution of India is supreme in this country and any law must abide by the provisions of the Constitution. When the present OBC reservations flow from the Constitution, such provisions has the highest prominence over any other statutes, laws or regulations."
The Commission added,
"These NLUs are branded as top notch colleges in the country, and providing legal education towards nurturing and raising quality lawyers who will be useful to this nation. If such National Law Universities are not obeying the orders of UGC, state governments and constitutional provisions, here question raises as to what signal these NLUs are sending to the other educational universities and institutions in this country (sic)."
The Commission went on criticise that some NLUs were reserving 15 seats for foreign nationals, despite the absence of a provision to admit such students and thus denying admission to Indian students from the Backward Classes.
An objection has also been raised over a submission that NALSAR, Hyderabad didn't receive any funds from the UGC or the State Government, which the Commission found was false information.
The NCBC proceeded to opined:
"The statements of both the UGC and State Government representatives about these universities raises a concern over the basic functioning of these NLUs. The wrong statement given by the NALSAR university Vice Chancellor stating in writing that no public funding is received by them raises much alarm and concern over the basic quality of eduction provided by them.”
With observations that it is high time for these NLUs to set right their admission process, the NCBC issued some directions suggesting that he UGC should immediately take note of the serious irregularity in the admission process in NLUs and should ensure that the NLUs comply with the mandate for 27% OBC reservations as well as the state-prescribed domicile reservation.
A compliance report on the same has been sought at the earliest.
The NCBC has directed the UGC to take stringent action against the universities that do not follow the orders of the UGC and which have blatantly violated the rule of reservation for OBC in admissions until the academic year 2019.
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