Reservation for Backward Communities lacking in NLUs: Plea before Backward Classes Commission

Reservation for Backward Communities lacking in NLUs: Plea before Backward Classes Commission

Meera Emmanuel

NALSAR University of Law, Hyderabad has been summoned by the National Commission for Backward Classes over allegations that the University has not been implementing mandatory reservation policies.

A petition filed by Hyderabad-based Advocate Ramesh Babu Viswanathula contends that all National Law Universities (NLUs) in the country including NALSAR have not been providing adequate reservation to the socially educationally backward communities during admission. The petition states,

“These National Law Schools are themselves functioning as independent Universities / Private Universities as through they are not concerned with the Reservation Policy of the Central or State. Some Universities gives a meager percentage of reservation to BC without any basis and some other doesn’t follow any reservation policy and have not reserved any seats for BCs.”

It is argued that the same violates the Central Educational Institutions (Reservation in Admission) Act, 2006 and state reservation policies. The petition highlights that under the prevailing law,

“…in Indian higher education institutions, 15% and 7.5% seats are reserved for SC and ST category candidates, respectively. Apart from that, 27% seats are reserved by the government for OBC category students.”

It is also pointed out that the University Grants Commission (UGC) had issued a notification directing that the Central Act of 2006 be strictly adhered to by all Central Government universities. Further, state universities are required to follow the percentage of reservations prescribed by the concerned state government.

With specific reference to NALSAR, the petition states,

…the NALSAR University of Law at Hyderabad which is a State University of Telangana has to implement the reservation policy as per the Telangana Government. As per G.O. Ms. No. 3 of Government of Telangana dated 14-08-2014 the BC reservation earmarked in the professional colleges is 29%…

This is also confirmed by the amended G.O. No. 16 of Government of Telangana dated 11-03-2015 for the BC reservation earmarked in professional colleges is 29%. This reservation is not at all followed and simply getting ignored where many students are deprived of their right guaranteed.”

The petition goes on to point out that it is apparent that the NLUs have not factored in mandatory reservation policies in the ongoing process of law school admissions as well.

“…some of these National Law Schools are not at all reserving any seats for Backward Communities and some are following their own reservation system in their admissions without any proper base.

Terming this to be a grave injustice to the backward community, entailing a loss of opportunities provided by the Constitution, the petitioner has prayed for the National Commission’s interference to enforce the aforementioned policies for backward communities across NLUs.

The matter has been posted to be taken up next on June 4, on which date the NALSAR Vice Chancellor Prof Faizan Mustafa is expected to personally appear before the National Commission.

Last month, a Congress leader spoke out against NALSAR’s failure to reserve 85% of its seats for local students. In response, NALSAR had claimed that it was not in violation of any law.

Read the petition and the order of summons below:

Bar and Bench - Indian Legal news