The Delhi high court today declined to hear a petition challenging Karnataka’s NLSIU Bangalore reservation, argued by 2006 NLS graduate and Supreme Court advocate Shadan Farasat on behalf of Delhi-resident petitioner and Common Law Admission Test (CLAT) aspirant Shubham Kumar Jha, as first reported by LiveLaw.
The writ had challenged the 25% horizontal domicile reservation at NLSIU, arguing that the Delhi court should be able to hear the case because the CLAT was conducted all over the country.
The Delhi high court bench of justices Hima Kohli and Subramonium Prasad said: “What are you doing in Delhi, the concerned law pertains to the State of Karnataka. You can’t move this court’s jurisdiction just because you reside in Delhi. You have impleaded so many bodies in the petition who do not even have anything to do in this case.
“The interest of your client is at stake here. Time is of essence, and you should move the appropriate forum.”
Meanwhile, the NLS executive council (EC) had signed off on increasing the batch size to 120, though this would be unlikely to take effect for this year’s CLAT, unlike the domicile reservation.
NLS has also made 9 offers for faculty to join.
Comments
1. One alum in Bengaluru will approach the Karnataka HC.
2. Immediately, another alum will file before the SC.
3. The Karnataka PIL will be withdrawn. A signal will be sent to the Karnataka govt that this is a central govt matter.
4. At the same time, backchannel talks will be initiated with other NLUs on whether they would like to join the SC litigation and convert it into a #NationaliseNLUs movement.
5. At the same time, backchannel talks will take place with the Modi govt and CJI to give national status/eminence status to NLSIU.
6. After national/eminence status is secured, the SC petition will be withdrawn and other NLUs will be backstabbed and left to fend for themselves. Backchannel talks will take place to ensure that only NLSIU gets INI status, not other NLUs. The BJP card will be played, since NALSAR, NLUD and NUJS are in non-BJP stated.
The Executive Council comprises of the Chief Justice of India , the NLS VC , Registar sitting and former judges of the Supreme Court.
So if a petition is filed challenging the domicle reservation will the judges who are part of the Executive Council recuse themselves ?
Why did they approve it if they were against reservation ?
To the Petitioner i say- hope that this attempt doesn't dissuade you. Remember there are many institutions of law. It all boils down to your ability to grasp the subject. Focus on the subject and not the pffaaf around it, or media glare for that matter. Make in on merit rather than failing on demerit. Lets hope this doesnt affect your chances.
To the counsel i say- re read the chapter on jurisdiction. [...]
LET THE TROLLING COMMENCE.
No matter which party comes to power, this kind of regionalist politics will not decrease in India. If anything, it will get a lot worse like how NLUD was forced to implement a 50% quota with a call for 85%. That would officially bury NLUD.
They cannot use the same argument that NLUD alums did to stop the reservation because their argument was legally sound and objectively certain. Although it's unlikely that NLUD can stop the domicile quota altogether. Eventually, it will be most probably be implemented to NLUD's detriment.
http://legalaffairs.gov.in/sites/default/files/order_sc_0.pdf
What is going on at NLUD? Bonhomie between and RS and state govt over? This could have been easily sorted out internally. Maybe RS acquiring saffron tinge for post retirement benefits is making some folks lash out. Wrongs previously ignored are now being scrutinized.
As an outsider now, I can't quite understand his motivations especially considering that he will be gone as VC in a couple of months time. However, the foolhardy reservation decision and his supposed support for his friend PSJ in the VC process make it seem like he's also setting himself up for his future after his tenure finishes. He probably does want to antagonise the ruling party in the hope for some lucrative post-retirement position.
Needless to say, while it takes years to build up an institution, it doesn't take very long to bring it down. The AAP government seems hell-bent on fulfilling its ridiculous election promises without any concern for the quality-dilution that has been taking place in the top-most higher education institutions of Delhi. This surely seems like the beginning of the end for NLUD, especially if the new VC isn't influential and competent enough to set the ship straight.