NLU Delhi students challenge 50% state reservation before HC

Former and current NLU Delhi students have reportedly approached the Delhi high court against the 50% state reservation, which we had first reported in January.

LiveLaw had just tweeted the news earlier today.

NLU Delhi alumni & students have moved the Delhi HC, in a bid to challenge the domicile reservation instituted by the Delhi Govt. which calls for 50% reservation of seats in the University for students residing in Delhi. The matter is listed on June 11…

A similar petition had been recently filed by NLUD LL.M candidate Pia Singh which sought for the quashing of the provision giving 50% reservation to those students who had appeared in their qualifying exam from Delhi. Notice had been issued in the plea.

— Live Law (@LiveLawIndia) Thu, 04 Jun 2020, 13:48

Story to be updated if we get any further information.

Comments

Guest 4 Jun 2020, 11:59
+8 -5
Hats off to NLUD students and alumni for taking the initiative. NLSIU is also still resisting the domicile bill through backchannels and it will not be implemented this year. But a united #NationaliseNLUs PIL in the Supreme Court must also be filed.
NOOBIE 4 Jun 2020, 15:25
+10 -0
The Bill was literally signed into law by the Governor on 4th May 2020 "effective immediately"
Back-door 5 Jun 2020, 18:54
+0 -1
Wish this also covered why isn't NLUD a part of clat yet.
Guest 4 Jun 2020, 16:14
+5 -16
What's wrong with local reservation? I feel reservation should be 80 percent since delhi government gave land in prime location.
Abe 4 Jun 2020, 17:16
+14 -3
BC Dwarka Sector 14 is not prime area it is literally the South West Corner of Delhi.
Guest 4 Jun 2020, 18:08
+7 -10
Its Delhi, every piece is prime. Come visit Shamirpet to know what's not!
Abe 6 Jun 2020, 07:18
+5 -0
I feel you, but you guys get a lake we get Delhi pollution. Let's call it even
Guest 6 Jun 2020, 10:52
+0 -0
The lake is dry :'(
We just live next to its stories passed down by batches. Apparently people fished in it once!
Guest 6 Jun 2020, 12:02
+0 -0
Maybe it's the Sadhguru's curse that made the lake run dry.
Current Nalsarite 8 Jun 2020, 16:11
+0 -0
It's not dry! I have no idea when you graduated but in 2016-17 the lake filled up a lot. There is still quite a bit of that remaining. Rains have not been [b]that[/b] good since then but the lake is still sizable. (I am speaking of the Shamirpet lake, not the one inside campus. That one was full in 2016 but has since dried out)
DT 5 Jun 2020, 14:59
+0 -1
Seems like you are a Delhi domicile candidate lol.
Guest 5 Jun 2020, 18:57
+1 -0
@DT: By that logic, all the students currently studying at NLUD, who happen to be from Delhi, are such domicile candidates too.
Guest 4 Jun 2020, 16:41
+5 -2
It is highly unlikely that the Bill would be struck down on a point of law by the court.
Guest 4 Jun 2020, 17:06
+2 -3
I agree with the comments. This is a lost case. It would have been smarter to tie up with other NLUs and approach the SC on NLU nationalisation.
Guest 479 4 Jun 2020, 19:06
+6 -3
The SC will sit and nationalize NLUs! A hearty joke. You must try and impress some legal counsel with this hilarious proposition
Guest 5 Jun 2020, 06:23
+0 -1
Kian please share the petition and clarify if all students and alumni are finally doing it or just a few. Can you also update us on the NLU Bill by Meenakshi Lekhi?
Guest 5 Jun 2020, 06:51
+1 -1
The Bill is dead. Long live the Bill.
Guest 5 Jun 2020, 06:45
+2 -5
Will the [...] SJA at NUJS file a similar petition in the Cal HC?
Guest 5 Jun 2020, 08:19
+4 -7
No, because they have better legal sense, and so do the NLSIU SBA. There is no legal merit in challenging a domicile quota. The matter has been decided earlier before courts of law. The only thing to do is to put pressure on the elected government using multiple channels. If that doesn't work, then the quota would become a reality.
Red 5 Jun 2020, 12:46
+7 -3
Actually, legal genius, there is a major difference between the NLSIU and NUJS amendments and the NLUD one. The previous two were Amendment Acts passed by the State Legislature. The NLUD reservation was not a legislative amendment to provide reservation but was an arbitrary (probably) decision by the University's executive body. Also, the classification to provide reservation at NLUD is very much suspect. This isn't the case in the NUJS and NLS Amendments (I think they have like a ~10-year study in the state requirement to qualify for domicile). This is not to say that the Court will strike down the NLUD reservation, because they most probably won't. But it is still worth petitioning against, nevertheless.
DT 5 Jun 2020, 14:57
+1 -3
Technically and in reality this was done in the year 2019 when Delhi had its elections pending so I think this was much of a political move than by the management of NLUD itself lol :)
Red 6 Jun 2020, 02:36
+2 -0
Then please tell us why the Dehi Government has not taken any credit for the reservation? If their aim was to give reservations for votes, they could have done so even in prestigious Dehi engineering colleges like DTU and NSIT. They would’ve gotten way more votes that way. None of these have any such provision. Domicile reservation to a limit of 50% excluding SC/ST/OBC reservation is nearly 80% of the seats. That’s downright insane.
Guest 5 Jun 2020, 08:49
+6 -6
The correct thing to do is for all 20 NLU student associations to file a PIL before the SC saying it is discriminatory to nationalise schools of engineering, medicine, design and fashion but not law. That has better legal ground than a petition against a state by a single NLU student body on domicile quota.
Lol 5 Jun 2020, 11:04
+3 -8
I sincerely hope you are not a law student and are trolling here. If you were, you'd know how ridiculous your statement is
Friendly Lawyer 5 Jun 2020, 16:43
+5 -4
I would like to give a few clarifications about the petition.

1) This petition has officially been filed by students and alumni and has everyone's full support.

2) The petition is filed on 6 grounds.

3) Ground 1 is that NLUD is ranked as the #2 law school in India and has students from all over India. Domicile reservation will deprive meritorious students from other states in India.

4) Ground 2 is that the percentage of reservation is too high.

5) Ground 3 is that since domicile reservation is restricted to Delhi, it will favour the rich and hurt diversity. Delhi is a fully urban area where incomes levels are higher than elsewhere. So it discriminates against the poor. This is unlike NUJS or NLUO, which are situated in states with large rural pockets and reservation is not confined to urban areas.

5) Ground 4 is that NLUD was set up an an institution of national character on a similar basis as NLSIU. The NLSIU reservation has not been approved by the Chief Justice of India. A letter by NLSIU alumni has been given to the CJI expressing concerns. Thus, at the very least, we should wait for NLSIU to implement the reservation and then apply it to NLUD.

6) Ground 5, continuing from Ground 4, is that a new Vice Chancellor has been nominated and an outgoing administration should not take such decisions. Thus, let us first wait for NLSIU to go ahead and for the new VC to be appointed.

7) Ground 6 is regarding the procedure followed to implement the reservation. It is submitted that a wide-ranging prior consultation should have been held, as well as legislative discussion.
Guest 5 Jun 2020, 18:55
+5 -3
The only common factor that all these grounds share is that none has got a legal leg to stand upon. Some are downright laughable, such as 6 (the EC has taken the decision and not the VC; last I checked, the former's authority trumps the latter), or 5 for that matter.
Guest 5 Jun 2020, 17:48
+1 -3
Bull shit
What are you talking
Total meaning less
Guest 5 Jun 2020, 18:53
+6 -2
Was that an attempt at a haiku?
Guest 6 Jun 2020, 05:49
+1 -3
For all the self-proclaimed constituonal law experts here, the legal grounds of the petition are very cogent and hours of research has gone into it by star alumni and students. The petition is being uploaded on Scribd and will be available shortly.
Alum 7 Jun 2020, 09:34
+0 -0
Please tell us who these 'star alumni' are