Punjab and Haryana High Court rejects plea for OBC reservation in RGNUL Patiala

The Punjab and Haryana High Court recently dismissed a petition seeking 27 percent reservation for Other Backward Classes (OBCs) in admissions to the Rajiv Gandhi National University of Law (RGNUL), Patiala [Komalpreet Kaur Dhillon vs Union of India and Others]..A Division Bench of Chief Justice Sheel Nagu and Justice Sanjiv Berry ruled that the Constitution does not mandate providing for reservation but leaves it to the State to make special provisions for advancement of any socially and educationally backward classes.The Court also rejected reliance on the Central Educational Institutions (Reservation in Admission) Act, 2006 which provides for OBC reservation to the extent of 27 percent.“Learned counsel for the petitioner does not dispute that respondent No.2 University does not fall within any of the afore-quoted five clauses, which define ‘Central Educational Institutions’. Respondent No.2 University is governed by the ‘Regulations’ framed under Section 29(2) of The Rajiv Gandhi National University of Law Punjab Act, 2006,” the Court said..However, it also noted that the Executive Council of RGNUL has already reserved two seats for OBCs in the five year integrated course of BA LLB (Hons.). Hence, the Court dismissed the challenge to this provision - clause 2(i) of Part-IV, Section-B of the Regulations of Rajiv Gandhi National University of Law.“The aforesaid challenge cannot succeed in view of the fact that the Constitution itself provides for reservation through an enabling provision and not mandatory. More so, respondent No.2 University not being a Central Educational Institute under the The Central Educational Institutions (Reservation in Admission) Act, 2006, cannot be compelled to provide for a particular quantum of reservation as regards OBCs,” the Bench stated. It also noted that the petitioner could not point out any statutory provision mandating a particular quantum of reservation in admissions to courses imparted in RGNUL..The judgment was passed on a plea moved by a Jat Sikh candidate. Jat Sikhs are recognized as Backward Class in Punjab. She argued that while other National Law Universities have provisions for reserving 27 percent of seats for OBC category, RGNUL by not providing any reservation for OBCs, has acted unconstitutionally.Advocate Satnam Singh Abiana represented the petitioner.Senior Panel Counsel Anil Chawla represented the Union of India.Advocates Puneet Gupta, Anil Rana and Ravindra Singh represented the RGNUL.Advocates Lovenish Kaur and Heman Aggarwal represented the University Grants Commission. .[Read Judgment]