Delhi HC To Hear Plea Challenging Imposition Of Domicile Reservation In NLSIU

Filed by Mr. Shubham Kumar Jha, the petition challenges the 25% horizontal imposition of domicile reservation in NLSIU which has received the Governor's assent on May 04, 2020.

Today, before the Division Bench of Chief Justice DN Patel and Justice Prateek Jalan, Advocate Shadan Farasat mentioned that he has moved this petition under Article 226(2) of the Constitution.

Mr Farasat also highlighted the example of a similar case wherein the coordinate Bench of the court has stayed the imposition of horizontal domicile reservation in National Law University, Delhi.

The court, even before listening to the petition on merits, directed the Registry to list this petition before some other Division Bench of this court in coming days.

In March, the Karnataka State Assembly passed the National Law School Of India (Amendment) Act, 2020, which received the Karnataka Governor's assent on May 4. As per this amendment, NLSIU should reserve horizontally twenty five percent of seats for 'students of Karnataka'. 

The amendment inserts the following proviso in Section 4 of the National Law School of India Act :- "Notwithstanding anything contained in this Act and the regulations made thereunder, the school shall reserve horizontally twenty five percent of seats for students of Karnataka."

As per the explanation  of this section, "student of Karnataka" means a student who has studied in any one of the recognized educational institutions in the State for a period of not less than ten years preceding to the qualifying examination."