"There is no interim order... The exams will go on" : SC On Plea Seeking Stay on NLSIU's 25% Domicile Reservation

 

A bench of Justices L. Nageswara Rao and Ravindra Bhat refused to stay National Law School of India University (NLSIU), Bengaluru’s 25% reservation for Karnataka students.

Government of Karnataka had challenged the Karnataka High Court judgment striking down 25% domicile reservation implemented at NLSIU. Senior Advocate Gopal Sankaranarayanan, appearing for a petitioner, prayed for a stay on the NLSIU notification giving effect to the said reservation policy.

In furtherance of its inclusion and expansion plan which was approved in April/May this year, the university announced earlier this week the implementation of domicile reservations from the academic year 2021-22. Last year, the Karnataka High Court struck down the NLSIU Amendment Act, 2020, which introduced 25% reservation for students domiciled in the state, owing to excess of authority and breach of provisions of the NLSIU Act.

According to the High Court, introduction of domicile reservation is not within the authority of the state government. The state government has challenged this, claiming that the High Court erred in observing that NLSIU is not a state institution and thus, not within the control of state government.

Moreover the Supreme Court turned down the prayer made by Senior Advocate Gopal Shankaranarayanan for listing the matter before the date of CLAT, July 23. “There is no interim order. List the matter in August. The exams will go on.”, Justice L. Nageswara Rao said.