Today, the Delhi High Court refused to entertain the plea challenging the domicile reservation amendment in (NLSIU) National Law School of India University, Bangalore.
Notings were made by the division Bench comprising of Justice Hima Kohli and Justice Subramonium Prasad that the Delhi HC cannot exercise jurisdiction in the matter as the impugned law is passed by the State of Karnataka, and the Respondent University is also in the parts of Karnataka.
The liberty to move the appropriate forum has been given to the petitioner by the court.
Court’s Noting:
‘What are you doing in Delhi, the concerned law pertains to the State of Karnataka. You can’t move this court’s jurisdiction just because you reside in Delhi. You have impleaded so many bodies in the petition who do not even have anything to do in this case.’
The petition filed by Mr. Shubham Kumar Jha points the 25% horizontal imposition of domicile reservation in NLSIU which has received the Governor’s assent on May 04, 2020.
Arguments were posted by Mr ShadanFarasat who appeared for the Petitioner, that intention has not been invoking the territorial jurisdiction but the “cause of action jurisdiction” as enshrined under Article 226(2) of the Constitution.
Mr Farasat argued,
‘The Petitioner is a student living in Delhi who is applying for CLAT 2020. The Respondent University conducts examinations not only in Karnataka but all over the country. Therefore, this court does have cause of action jurisdiction.’
The court while dismissing the petition for NLSIU domicile reservation said:
‘The interest of your client is at stake here. Time is of essence, and you should move the appropriate forum.’
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The Karnataka State Assembly passed the National Law School of India (Amendment) Act, 2020 in March, which received the Karnataka Governor’s assent on May 4. NLSIU should reserve horizontally twenty five percent of seats for ‘students of Karnataka’, as per the amendment.
Proviso in Section 4 of the National Law School of India Act The amendment was inserted:- “Notwithstanding anything contained in this Act and the regulations made thereunder, the school shall reserve horizontally twenty five percent of seats for students of Karnataka.”
“student of Karnataka” means a student who has studied in any one of the recognized educational institutions in the State for a period of not less than ten years preceding to the qualifying examination” as explained in the section.
The Delhi HC had stayed the decision of National Law University, Delhi, to introduce 50% reservation for students passing qualifying exams from National Capital Territory, observing that the same was taken without the approval of the Governing Council of the University On June 29.
