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The Supreme Court recently refused to stay the recently notified admission notification issued on June 22, 2021 by National Law School University of India (“NLSIU”), Bengaluru which provides for  25% Domicile Reservation for the academic year 2021-2022.

Bench of Justice LN Rao and Justice SR Bhatt while refusing to stay the domicile reservation said, "There is no interim order. List the matter in August. The exams will go on.”

The bench in the present matter was hearing an application for stay of the notification dated June 22, 2021 in the appeal filed by State of Karnataka which challenges the the Karnataka High Court order dated September 29, 2020 by bench of Justice B.V.Nagarathna and Justice RV Hosmani which had quashed the The National Law School Of India (Amendment) Act, 2020 (Karnataka Act 13 Of 2020) which granted 25% domicile reservation. 

Appearing for the petitioner, Senior Advocate Gopal Sankanarayan said that, “On June 22, 2021 they notified that 25% domicile reservation would be given. That is in contravention of the judgement.”

“There are 4 issues. The other 3 issues are 1. The High Court says that for backwardness, there is a need to carry an exercise. No exercise has been carried out; The clause has been reinstated which dealt with determining as to who would be domicile of Karnataka;  They give a verdict saying that unlike National Law University, the same was set up by Bar Council of India,” Senior Advocate Gopal Sankarnarayan further submitted. 

While citing the conduct of National Law Admission Test, 2020, Senior Advocate Gopal Sankarnarayan further submitted that, “Last year there was an attempt twice to change the rules of admission.  The Karnataka High Court said that you at the last minute cannot change the rules.” 

Advocate General for State of Karnataka Prabhuling Navadgi submitted, “The Karnataka High Court had struck down the Amendment Act on the reasoning that the legislature had no competence to introduce the reservation in NLSIU. The High Court judgement also recognised the power of the Executive Council of NLSIU to introduce reservation.”

The present reservation is in consonance of the Karnataka High Court orderOnly 1 sentence i want to say. I don't see how its PIL in the matter of reservations,” Advocate General further added.

The Court at this juncture said, “We’ll hear this matter later.”

“Please give a date before July 23 since CLAT is scheduled on that day. The entire matter would become infructuous.” said Senior Advocate Gopal Sankarnarayan to which the Court replied that the exams would go on and there would not be any interim order. 

Case Title: State Of Karnataka V. Master Balachandar Krishnan And Ors.| SLP(C) No. 14508-14510/2020