NLSIU says Karnataka student reservation implemented in ‘spirit’ after state law minister flagged concerns

The university also projected that the number of Karnataka students admitted to law programmes at NLSIU will increase to 135 in academic year 2024-25 and 500 in 2026-27, with an increase in the overall student intake.

Madhuswamy in his letter to NLSIU vice-chancellor had raised concerns that the university has compartmentalized the reservation and provided a quantity of 25 per cent, including those who have been selected under the All India Rank.

“That means NLSIU is grouping even the meritorious students who are supposed to be under general category along with domicile reserved students. It is very much against the spirit of reservation and intent of the Act,” Madhuswamy had said, adding that the general quota students cannot be clubbed with Karnataka domicile reservation category, i.e. students who have studied in the state for 10 years.

However, the university responded that the Consortium of National Law Universities (NLUs) administers state horizontal reservations in 21 NLUs based on the merit rank list and that an “identical” procedure is followed in NLSIU. “Admission for Karnataka Students at NLSIU is implemented in an identical manner to state horizontal reservations at every other NLU. Admissions to the open, vertical and horizontal reservation categories are carried out by the Consortium, in accordance with the norms laid down by the Hon’ble Supreme Court,” the statement read.

However, it is also to be noted that the Karnataka High Court in its decision dated September 29, 2020 had struck down the validity of the National Law School (Amendment) Act, 2020 passed by the Karnataka government in April 2020. The Act amended the National Law School of India Act, wherein the statement of objects and reasons seeks to ‘provide for 25 per cent of seats to Karnataka students in National Law School of India University Bengaluru.

The amendment inserted a new section — 4(3) — which provided for horizontal reservation of 25 per cent of the seats for students of Karnataka. The section defines “student of Karnataka” as 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 the qualifying examination.

However, the High Court in its decision said, “The state legislature has now power or authority under the Act to direct the respondent/Law School to provide reservations for students in view of the limited role of the State under the Act. Hence, the impugned Amendment by insertion of sub section (3) of Section 4 of the Act is declared illegal.”

As a result, the court held that the law school is an autonomous entity and any form of reservation for students to be admitted to it shall be provided by the executive council of the law school bearing in mind the fact that it is an institution of national importance.

However, the Karnataka government preferred an appeal against the decision of the High Court by way of a Special Leave Petition filed before the Supreme Court. While the matter was heard at the interim stage, no interim order has been issued by the Supreme Court. While the matter is still under litigation, the university maintained that NLSIU voluntarily adopted the 25 per cent horizontal compartmentalized reservation for Karnataka students from 2021.

The statement also highlights that 30 Karnataka students, out of the total 120 student intake, were admitted in BA LLB (Hons) course and 13 out of 50 were admitted in LLM course in 2021-22. In academic year 2022-23, 44 Karnataka students were admitted in BA LLB (Hons) out of the total 180 students admitted in the institution. In the same year, 20 Karnataka students in LLM and 14 in LLB (hons) were admitted under the 25 per cent horizontal compartmentalized reservation category.

In academic year 2023-24, 60 Karnataka students will be admitted out of the total 240 students in BA LLB (Hons) course), 25 Karnataka students out of the total 100 in LLM course and 30 Karnataka students out of the total 120 in LLB (Hons) course.