Delhi HC Stay NLU Delhi 50% Horizontal Reservation

Delhi HC stays NLU Delhi Domicile Reservation, directs NLU-D to issue fresh admission notice by July 2

The Delhi High Court today stayed the 50% (Horizontal) reservation at National Law University, Delhi (NLU-D) for students who have passed their qualifying exams in Delhi . (Balvinder Sangwan vs NCT of Delhi & Ors)

The HC ordered “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” .

Delhi High Court division bench of Justices Hima Kohli and Subramonium Prasad further directed that:

‘The University is directed to bring out a fresh admission notification before 2nd July and is also directed to publish the same on its website. A further one week period is given to enable the students to apply afresh who may be interested in applying for the admission process.’

The petitioner Pia Singh, who wants to apply for an LLM from NLU Delhi, had argued that the 50% domicile reservation in addition to 22% OBC and 10% EWS reservations in the LLM “without increasing the number of seats as per MHRD guidelines is adversely affecting her chances of selection and her future career prospects”. Legally India

On the last date of hearing, the GNCT Delhi had argued that NLU Delhi was not a Central university or a national institute of excellence, and was only a state university which came into existence on the basis of the Act enacted by the Delhi legislature, and reservation policy according with Article 41 of Indian Constitution.

Senior Advocate Neeraj Kishan Kaul appeared for petitioner had argued that the criteria of clearing the “qualifying examination” from an institute in Delhi was not rational or valid, as it may exclude a Delhiite who moves to another city for his 10th/12th standard schooling and decision to roll out the impugned reservation was taken without even awaiting the decision of a Committee headed by Supreme Court judge, Justice NV Ramana on the issue of domicile reservation at NLU Delhi.

The matter will be next heard on August 18.

Also Read: State of Bombay and Ors. v. F.N. Balsara:- Case Analysis