A notice was issued by Karnataka High Court on plea,, challenging the 25% reservation proposed domicile to be presented at the National Law School of India University (NLSIU), Bangalore(Master Balachandar Krishnan v. Province of Karnataka).
A Single-member Bench of Justice Krishna Dixit passed an order after hearing the writ filed by 17-year-old student Balachandar Krishnan, questioning the amendment’s constitutional validity, which holds 25% seats at NLSIU for students of Karnataka.
The 30th July order, the Bench additionally explained that the respondents may file their objections at the very latest by August 13, otherwise, "it shall be construed that they may not have much to resist the writ petition".
Krishnan argued that he had applied to take the Common Law Admission Test (CLAT) with the end goal of securing a seat in the five-year BA LLB integrated course from NLSIU. But a quarter of a year after the CLAT application process finished, on April 27, 2020, the state government had authorized the National Law School of India (Amendment) Act, 2020.
The Amendment Act had presented 25% level reservation for students who have read in Karnataka for more than 10 years appearing for CLAT, 2020. The petitioner argued that the Amendment Act will unfavorably influence the applicant's chance to get a seat in NLSIU.
Further pleaded before the High Court that the Amended Act has preferentially influenced the Petitioner's odds of admission in NLSIU, Bengaluru, after the application procedure for CLAT – 2020 had started, for example on 01 January 2020 and after the Petitioner has applied for the same.
The plea further states that the Amendment Act is discretionary and violative to the Constitution of India. Further, the same additionally neglects to fulfill the test of ‘reasonable classification’ within the provision of Article 14 of the Constitution of India.
Further stated that NLSIU is neither funded nor classified under governmental educational institutions resulting in failing their reservation policy. Furthermore, the Supreme Court has set down in its opinion that the state can not hold any seats in an independent educational institution.
The writ petition contains that "Horizontal institutional reservation to the students of Karnataka, particularly at this belated stage, is wholly illegal and impermissible".
Subsequently, on these grounds, the plea challenges the protected legitimacy of the Amendment Act. Senior Advocate KG Raghavan alongside Advocate Karan Joseph will be representing the petitioner in the case.
The Karnataka High Court would hear the same issue again on August 13 with breaking the silence and advancing argument by the respondent.
Earlier, in Shubham Kumar Jha v. NLSIU and Ors, the recently confirmed domicile reservation at NLSIU, Bangalore was emitted after the Delhi High Court declined to engage it on the ground of gathering non-convenient.
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