Nalsar Hyderabad vice chancellor Prof Faizan Mustafa has been summoned to appear before the National Commission for Backward Classes (NCBC) in Delhi on 4 June, according to a number of news reports.
The body wrote that it wants to “discuss the case of non implementation” of reservations of OBC/BC students at Nalsar with Mustafa, and added that “in view of the seriousness of the case… I advise you to kindly appear” in person “positively to discuss the matter”.
The letter also stated that the NCBC was “most notably concerned” about the “serious nature” and that “no remedial action provided to the representatives till date”. The Commission “viewed it seriously”, it added.
Despite the polite (if serious) language, the NCBC enjoys “all the powers of a Civil Court trying a suit”.
The summons, made yesterday, follows a pre-election campaign earlier this month by a Congress spokesperson calling for an 85% “sons of soil” quota at Nalsar, claiming the national law university violated state law.
Nalsar had rejected the claims back then, and Mustafa when contacted by us today reiterated those claims.
Mustafa said: “NALSAR Reservation is governed by the NALSAR Act. The Act does not talk of BC reservation. Some NLUs do not have BC reservation at all and others give only under domicile quota.
“With small number of seats in NLUs ensuring all categories of reservation is quite difficult.”
In his letter to the NCBC, Congress spokesperson Dr Sravan Dasoju called the previous statement made by Nalsar’ registrar Prof Balakista Reddy, which had first been published on Legally India, a “lame and untenable excuse”, maintaining that Nalsar was in violation of state laws regarding reservation.
Nalsar’s previous statement had read:
Prof. Balakista Reddy said that the NALSAR University of Law has to function in accordance with the NALSAR University Act, 1998. The Act originally did not provide for any reservation including local reservation. It was only in 2010 the NALSAR University Act was amended and Section 5A was inserted in the Act. Section 5A laid down that there shall be reservation of seats in the courses in favour of Scheduled Castes, Scheduled Tribes, Physically Challenged Persons, Women and resident students of Andhra Pradesh (now Telangana).
The amendment also specified that the reservation to the local candidates (resident students) will be only to the extent of twenty percent. Thus, it is clear that the NALSAR Amendment Act of 2010 does not include BC reservation and Legislative Assembly itself did not provide for 85% local reservation. Some other Law Universities such as National Law School of India University, Bangalore and National Law University, Delhi do not have either BC or local reservation. However, in some of the NLUs, the local reservation is to the extent of 10% to 25% only.
In fact the original 85% reservation provided in DSNLU, Visakhapatnam had to be brought down to 50% as CLAT Core Committee had refused to recognise DSNLU as National Law University due to such massive local reservation. Only when the local reservation was brought down to 50%, DSNLU was admitted as member of CLAT.
NALSAR has not received any communication either from the President of India under Article 371D or from the State Government to reserve 85% seats for the local candidates. In fact, if such a reservation is made, NALSAR will not be allowed to remain part of Consortium of National Law Universities as the national character of NALSAR shall be seriously undermined. NALSAR is an institution of eminence with just 120 seats in B.A., LL.B. (Hons.) and therefore providing excessive reservation may not be wise.
Thus, the Registrar has asserted in unequivocal terms that NALSAR is not in violation of any law. In fact, NALSAR is fully complying law as far as reservations are concerned.
Comments
(Equally) seriously, there needs to be a serious discussions among NLU student bodies concerning reservations. As creatures of state legislature and lack of core funding from the centre, NLUs are vulnerable to politicking by state (and at times central) governments. In WB, a prestigious university which is currently shortlisted for IoE status has made 90% reservation for domicile in its engineering dept. NUJS watch out.
Why students? Because the cabal called CLAT Consortium is about VCs figuring out how to keep their gravy train running.
I will skip the batch details. At NUJS, the son of a top IPS officer (Brahmin) who was also well-connected politically would sport "progressive" views by showing off that he didn't wear the infamous thread; was omnivorous (specifically underlining that he loved beef steak) and otherwise pass on an anglicised/elite upbringing as a proxy for having transcended his so-called Brahmin ways.
This blue-blood was allergic to male peers and juniors from SC/ST/OBC or those who he presumed were from "these backgrounds" especially if they refused to be cowed down by his aggressive verbal and physical hazing. He reserved special venom for those who actually took him on. Along with a section of faculty (some occupy key positions even now) the last category of students paid heavily with how they were marked etc
This "progressive" soul and his friends are very well settled as partners etc in law firms in India and abroad. And as always, they remain "progressive"
Not to belittle anyone's pain but Tyrion survived his many trials in GoT and he had some very wise words for Jon Snow early on. And remember what Littlefinger had to say about justice.
and who considers NUJS as his ancestral property and who eats beef and dictates bramhanical culture ?
1. Proximity to Supreme Court
2. Large law firms
3. Excellent litigation environment
4. Fast growing hub (Gurgaon)
5. Proximity to home (many Delhiites apply)
6. Coaching centres for UPSC for those who wish to become civil servants
7. Great university overall in terms of faculty, job prospects, infrastructure etc.
[quote]While studying law at a university in Hyderabad, India, I was the only Sikh male student on campus. On more than a few occasions, other students laughed at me solely because I was the only one on campus who wore a turban. My "friends" suggested I cut my hair and remove my turban forever. I was so distressed that I sought advice from my father, a respected scholar who has worn a turban all his life. I told him I was tired of being easily identified as a Sikh on my small campus. I was exhausted from carrying the responsibility of our traditions.
[/quote]
https://www.oregonlive.com/opinion/2011/05/i_am_not_a_terrorist.html