Shivangi Prakash-
Published on: August 02, 2021 at 4:14 PM
The Supreme Court’s Judge Justice Aniruddha Bose recused himself on Monday from a case involving an appeal filed by the State of Karnataka against a Karnataka High Court ruling striking down the 25% Domicile Reservation at the National Law School of India University.
Justice Nageswara Rao informed, “This will be listed before a Bench Justice Bose is not a part of.“
Justice Bose is the third judge to recuse himself, following Justices Abdul Nazeer and UU Lalit.
The Court rejected to block NLSIU’s decision to horizontally reserve 25% of its seats for students from Karnataka this academic year on the last day of the hearing.
The Karnataka High Court overturned the domicile reservation in September 2020, citing a violation of Article 14 of the Indian Constitution.
The Court said, “The amendment is ultra vires to the act. The State Government has no State and has no direct say in the functioning of the law school. It is an autonomous institute and not aided by the State Government.”
The Bench also said that the Executive Council of the University has powers to introduce reservation and more importantly, “If we allow this thing (state reservation) to be done virtually there will be two centres of control, one with executive council and other by state which will be an unhealthy trend.”
The Bench also stated as follows:
“NLSIU is on par with AIIMS, IIT and IIM, where there is no reservation quota. This law school is not on par with other law schools. Other schools are giving reservations, thus it is not necessary that Karnataka must also do it.”
The State Government filed an appeal with the Supreme Court, claiming that the High Court erred in stating that NLSIU is not a state institution and is not under the supervision of the State.
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