Delhi HC Stays NLU's Decision To Reserve 50% Seats For Candidates Clearing Qualifying Exam From Delhi

Delhi High Court on Monday put a stay on the decision of National Law University to reserve 50 per cent of its seats for those candidates, who have cleared their qualifying examinations from an institute in the national capital.

A Division Bench of Justices Hima Kohli and Subramonium Prasad said that the petitioners have been able to make out a prima facie case in their favour. "The balance of convenience lies in staying the operation of the impugned notification insofar as it provides for horizontal reservation to the extent of 50% for candidates who have passed the qualifying examination from a recognized school/college/institute situated within the NCT of Delhi," the court said.

The court further stated, "Status quo ante as of the previous academic year shall be maintained for making admissions to the BA LL.B (Five Year Programme) and LL.M (One Year Programme) in NLU, Delhi, for the academic year 2020-21."

The court directed NLU to issue a public notice on or before July 2, informing the public at large about the decision taken and granting a further period of one week from the date of issuance of public notice to enable interested candidates to submit their applications for admission.

"The redrawn schedule will not interfere with the entrance examinations that are to take place in August 2020. The order passed shall also be uploaded on the website of the NLU, Delhi forthwith," the court said.

It said that the decision for providing horizontal reservation has been taken by the respondent NLU, Delhi in haste without acting in accordance with the NLU Act.

"We are of the opinion that if the impugned notification has not stayed, grave prejudice would be caused to the students who would be applying for admission in the respondent No.3/NLU, Delhi for the academic year 2020-21. In fact, staying the operation of the impugned notification insofar as horizonal reservation of seats for students belonging to Delhi has been provided for the academic year 2020-21, would result in inviting a larger section of students," the court said.

The court also noted that it was brought to its notice that as against 24,000 applications for admission received by the NLU, Delhi last year, this year, the number of applications have dwindled to 18,000 (approx.). The court said that this significant reduction in the number of applications received by the respondent NLU, Delhi, is a telling comment on the change made in the admission policy for the academic year 2020-21.

The court was hearing various petitions including one filed by Balvinder Sangwan and argued by Senior advocate Neeraj Kishan Kaul, with lawyers Nipun Saxena and Akash Lamba.

The petitioner has challenged Admission Notification dated 14.01.2020 and the Admission Guidelines issued by the National Law University, Delhi for admitting students to the BA LL.B (Five Year Programme) and LL.M (One Year Programme), providing therein 50 per cent horizontal reservation to candidates who have passed the qualifying examination from a recognized school/college/institute located within the NCT of Delhi saying that it as being void and ultra vires of the National Law University Act, 2007 and in violation of Article 14 of the Constitution of India. 

(ANI)