The High Court of Karnataka has issued a notice to the state government on a writ petition that has challenged the 25% domicile reservation in the National Law School of India University (NLSIU). Justice Krishna S Dixit also issued notices to the Ministry of Human Resource Development, the Bar Council of India and the NLSIU.
The petition was filed by Balachandar Krishnan, 17, who had applied to take the Common Law Admission Test (CLAT) this year to study the five-year BA LLB course at the NLSIU. But three months after the CLAT application process ended, the government brought in the National Law School of India (Amendment) Act, 2020, which was published in the official gazette on April 27, 2020. The law gives 25% horizontal institutional preference to students from any recognised institution in Karnataka for at least 10 years preceding the qualifying exam date.
The petitioner, who has been living in Bengaluru for the past eight years and did his schooling in the city, argued that the act is arbitrary and ultra vires the Constitution of India. "The act fails to satisfy the twin test of reasonable classification within the contours of Article 14 of the constitution," the petition stated.
According to the petitioner, since the NLSIU is neither a government educational institution nor does it receive any aid from the government, it cannot be subject to reservation. Further, as per the orders of a Constitution Bench of the Supreme Court, the state cannot reserve any seats in unaided educational institutions.
The petitioner contended that reservation to the students of Karnataka, particularly at this belated stage, is wholly illegal and impermissible since it will alter the entire structure of seats which were originally made available to candidates from other states.