The High Court of Karnataka has ordered issue of notice to the State government on a petition filed by a 17-year-old student questioning constitutional validity of the recent law that reserves 25% of seats in National Law School of India University (NLSIU) for students of Karnataka.
The National Law School of India (Amendment) Act, 2020, states that 25% of the total seats in NLSIU will be reserved horizontally for students who have studied in any one of the recognised institutions in Karnataka for a period not less than 10 years preceding to the qualifying exam.
Justice Krishna S. Dixit passed the order on a petition filed by Balachandar Krishnan, an aspirant to a seat in NLSIU through Common Law Admission Test (CLAT). Further hearing has been adjourned till August 13 as CLAT is scheduled to be held on August 22.
The petitioner contended that the government lacks legislative competence to provide horizontal reservation, either institutional or residence based, in unaided educational institutions. The legislature has the power only to provide vertical reservations as per the constitutional scheme.
Pointing out that NLSIU does not receive any aid from the State government, it was contended in the petition that the State government cannot interfere in admissions to unaided institutions as per the judgments of the apex court.
The reservation based on institutional preference is permitted only for PG courses to enable undergraduate students to pursue PG courses in the same university.
The petition also claimed that change in selection process would impact NLSIU as well as students from across India, who have applied for CLAT-2020, the process of filling application for which had commenced on January 1, 2020, much before the amended Act came into force on April 27.
