Justice Hima Kohli, Justice Subramonium Prasad
Justice Hima Kohli, Justice Subramonium Prasad
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[Breaking] Delhi HC stays NLU Delhi Domicile Reservation, directs University to issue fresh admission notice by July 2

Today, the Court observed that he petitioners challenging the reservation had made a prima facie case for a stay on the move.

Aditi Singh

The Delhi High Court today stayed the move to introduce 50% reservation at National Law University, Delhi (NLU Delhi) for students who have passed their qualifying exams in Delhi. (Balvinder Sangwan vs NCT of Delhi & Ors)

While doing so, the Court directed NLU Delhi to issue a fresh public notice on or before July 2.

The redrawn schedule will not interfere with the entrance examinations that are to take place in August 2020, the Court said.

The order was passed by a Bench of Justices Hima Kohli and Subramonium Prasad which had reserved its order last week.

Today, the Court observed that he petitioners challenging the reservation had made a prima facie case for a stay on the move.

The matter will be next heard on August 18.

Students of NLU Delhi had filed a petition against the introduction of 50% horizontal reservation at the University for candidates who have cleared their qualifying examinations from an institute in Delhi.

One of the petitioners, Pia Singgh, intended to pursue an LL.M. from NLU Delhi after graduating from a University in Rajasthan.

She claimed that she has been adversely affected by rule to provide 50% horizontal reservation to the candidates who have passed their qualifying examination from Delhi. Further, the University also extends 22% OBC & 10% EWS reservations in the LL.M. course, 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.

The Delhi government argued 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, appearing for the petitioners, Senior Advocate Neeraj Kishan Kaul vehemently argued that the Delhi government "arm-twisted" the University administration into rolling out the reservation for local candidates, in violation of the NLU Delhi Act.

It was 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.

Kaul further argued that the criteria of clearing the "qualifying examination" from an institute in Delhi was not rational or valid, as it may exclude a Delhiite who moves to another city for his 10th/12th standard schooling.

Advocates Nipun Saxena and Nishant Khatri appeared for the petitioners. Standing Counsel Ramesh Singh appeared for the Delhi government, while Advocate Sanjay Vashishta argued for NLU Delhi. Advocate Naman Joshi appeared for the intervenors.

Read the Order:

Balvinder Sangwan vs GNCT of Delhi & Ors.pdf
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