By Weindrila Sen-
The Bar Council of India(BCI) has filed a petition challenging the decision of reserving 25% of the seats at the National Law School of India University (NLSIU) for domicile students across General, Scheduled Caste and Schedules Tribe categories of Karnataka. The Respondent has also provided an extra 5% concession on the General Merit cut-off score. The Writ Petition states that the National Law School of India (Amendment) Act, 2020 is ultra vires to the Constitution of India making it unconstitutional, illegal and untenable. The petitioner further claims that by bringing in the amendment, the State has disregarded the Hon’ble Court judgment in the case of Lolaksha Vs. The Convener, Common Law Admission Test, (CLAT-2009) Nalsar University of Law (ILR 2009 KAR 3934). The foundation of the said judgment was based on 100% entitlement of SC-ST students of Karnataka whereas the current 2020 Act limits it to 25%.
The Plea further states that any horizontal reservation has been negatively held by the Hon’ble Court in the case of Harsha Shivaram Vs. National Law School of India (ILR 1996 Karnataka 902) and it is completely contra-distinguishable from the Respondent’s entrance regime. The State has not considered the same reservation for its universities making it a hostile discriminative act. The petitioner further claims that General Merit Cut off score to the students of Karnataka holds no legal framework behind it.
The Petition will be heard on 13.08.2020
