The direction by the High Court last week can be viewed as drawing sub-categories within categories based on geographical boundaries.

Justice B S Patil partly admitted the petition of Karnataka resident Preethi and justified it on the principle of reciprocity.

He observed that SC/ST candidates migrating from Karnataka were not entitled to the same benefits in other states.

The High Court also relied on the Presidential Order of 1950, issued in respect of Karnataka notifying SC/STs under Article 341 and 342 of the Constitution of India.

A Presidential Order is made after a detailed inquiry as to the economic status, the level of education and the necessity of protection of SC/ST.

The High Court order now ensures the petitioner’s admission to The National Law School of India University Bangalore (NLSIU), after she was admitted in Gujarat National Law University rather than her preferred destination.

Preethi had written the common law admission test (CLAT) in 2009. After the CLAT exams, 12 students belonging to SC/ST community from other states were placed in NLSIU. The petitioner had challenged this in the High Court.

Senior counsel Raviverma Kumar for the petitioner argued that persons migrating from other states to Karnataka could not claim the status of SC/ST to secure admission in that category.

Kumar submitted that allowing quota benefits to all eligible aspirants will deprive SC/ST’s of Karnataka from availing those benefits.