A petition has been filed before the Delhi High Court seeking the quashing of the provision of NLU Delhi giving 50% reservation in BA LLB and LLM Courses to students who passed their respected qualifying exam from an institute located in Delhi.
Who filed the petition?
The petitioner Pia Singh, a General/Unreserved Category candidate, a permanent resident of Delhi, and an Advocate enrolled with the Bar Council of Delhi. The petitioner who belongs to General/Unreserved category and intends to pursue LLM from NLU Delhi has approached the High Court as such reservations that are provided by the University without increasing the number of seats is adversely affecting chances of selection and also the future career prospects.
What the Petition sought?
In the Petition filed through Advocate Nishant Khatri, the Petitioner has contended that the increase in the number of reserved seats has effectively cut down the number of seats for the unreserved category. The petition states that:-
‘The horizontal reservation given by the respondent University to the students of Delhi region is sui generis and strange. The classification between students who are passing the qualifying examination from a recognized School/ College/ Institute located within Delhi and who are not passing the qualifying examination from an institute located in Delhi is not germane to the very rule of intelligent differentia.’
What arguments given by the petitioner in favor of her petition?
It is argued by the petitioner that the classification for 50% reservation to students who have passed their qualifying degree from Institute situated in Delhi is far away from intelligible differentia(means difference capable of being understood) Also, there seems no object behind this classification which the respondent university seeks to achieve.
In addition to this, the petitioner also added, providing 22% reservation to OBC and 10% reservation to the EWS category without increasing the total no. of seats is also unconstitutional and against the mandate of guidelines issued by MHRD.
What is the current structure of seats in NLU Delhi?
CATEGORY NO. OF SEATS-
- UNRESERVED 64 (including 3 PWD seats)
- SC 11 (including 1 PWD seats)
- ST 5
On 02.03.2020, NLU Delhi has issued its e-prospectus for undergraduate & postgraduate courses for academic year2020- 21. A provision for a 50% reservation was made for students of Delhi. Also, provision for 22 % OBC & 10% EWS reservation in addition to 15% SC & 7.5% ST reservation was made for both B.A. LL.B. and LL.M. courses from the academic year 2020-21.
“It is apparent or clear by observing the seat structure of both academic years that in the previous year seats for the unreserved category were 64 but in this academic year, only 30 seats were notified for the unreserved category. Hence, NLU Delhi has strongly violated the guidelines issued by MHRD and reservation for OBC & EWS were implemented without increasing the seats”, it is sought to have contended.