Lately, domicile politics has aggressively and even incrementally hit prominent NLUs including NLSIU Bengaluru, NALSAR Hyderabad, NUJS Kolkata, NLU Jodhpur and NLU Odisha.
On 20 November 2018, the Government of West Bengal (GoWB) surreptitiously moved several contentious amendments to my alma mater, NUJS’ suprema lex viz. the WBNUJS Act, 1999. Briefly, the amendments sought to amend the basic structure of NUJS in the following ways:
- providing for at least 30 per cent reservation for West Bengal domiciled candidates;
- guaranteeing freeships in tuition fees to at least 5 per cent of total strength of students;
- bestowing student-fees setting powers on the GoWB; and
- contemplating admission based on “merit” determined by one of the four ways enumerated therein, including, but not limited to the incumbent Common Law Admission Test (CLAT).
The debilitating import of these measures has been previously explained by the then office-bearers of the Student Juridical Association (SJA) and myself.
Later in November 2018, the SJA is understood to have met with the Governor of West Bengal, Shri Keshari Nath Tripathi. It appears that acting on the SJA’s representation, the Governor had initially put his assent on hold till the GoWB responded to his queries that came off his discussions with the SJA. But Shri KN Tripathi ultimately gave his assent thereto.
On 18 June 2019, the Registrar (Acting), Ms Shikha Sen announced that following the Governor’s assent, the WBNUJS Amendment Act, 2018 was notified on 21 May 2018, days before the CLAT exam was held on 26 May 2019.
In the last few months, the domicile quota bug has gone viral in West Bengal. It has affected the Institution of Eminence (IoE) shortlisted Jadavpur University and medical colleges across the state alike. As rightly pointed out in a recent SJA email to the General Body, the manic obsession with domicile quota has pushed the GoWB “to sacrifice IoE status, generous funding and research opportunities; squander much-needed resources on pointless litigation; and even disregard the wise counsel of its own”.
Interestingly, while DSNLU Vizag under pressure from its valiant student body and the CLAT consortium was forced to scale back domicile reservation to 50% from a high of 90%, WBNUJS is risking its national appeal by readily submitting itself to the legislative caprices of the GoWB.
A close friend, Debadatta Bose, who was involved in the DSNLU lobbying, credits a delegation of DSNLU students that visited the then Chief Minister, Mr. N. Chandrababu Naidu and support from faculty members for the development.
On the other hand, it is strongly rumoured that there is a very real possibility of WBNUJS exiting the CLAT in the near future, citing the NLU Delhi example. While even the NLUs in Maharashtra, a state known for parochial politics, rushed to join the CLAT consortium, it appears that GoWB has resolved to prove Gopal Krishna Gokhale wrong.
The founding fathers of the Indian law school project had visualized NLUs as iconic torchbearers whose radiating effects would transform legal education in the country. NLUs were envisioned to be vested with financial, academic and administrative autonomy, free from the shackles of stultifying University Grants Commission and Ministry of Human Resource Development norms and to be truly national in character.
NLSIU, NALSAR, NUJS and NLU Delhi had all started without domicile quotas. However, in the last two decades almost all the NLUs including the ones in pipeline have domicile quotas between 25-50%.
While no impact studies have been done thus far to show whether the imposition of domicile quotas has achieved their stated social justice goals, there is early, fact-based evidence to suggest that such quotas have a strong urban bias, which may be challenged on ground of over-inclusiveness.
It is unclear whether the GoWB did any longitudinal studies or in-depth surveys to collect hard evidence that shows domiciles losing out to the so-called “Hindi belt” folks and whether increasing the quota from 10 seats to 30%; vesting itself the power to set student-fees; mandating 5% freeships; and the option to make NUJS exit CLAT are necessarily the best ways to do ‘justice’ to the domicile.
In a welcome departure from the past, Shri Kishore Dutta, Advocate General, West Bengal, kindly advised Registrar Sen to place the issue of implementation of the domicile quota from academic year 2019-2020 in the upcoming Executive Council (EC) meeting’s agenda. Some problems that WBNUJS will likely face should its venerable EC meekly submit to the political demands of the GoWB are enumerated below.
- Change in the rules of the game when it has already begun, which has been struck down innumerable times by the Supreme Court. Potential litigation by aggrieved candidates is possible. What’s worse: further loss of institutional reputation, which has already received a heavy battering under ex-Vice Chancellor (VC), Prof P Ishwara Bhat and the outgoing Acting VC, Justice (Retd) Amit Talukdar.
- CLAT Merit lists have already been published, i.e., the game has ended. Given the admission timelines, confusion and harassment of not only ‘outsider’ students but also West Bengal domiciles is likely even if there is no court challenge. Presently, the GoWB has not even defined what qualifies as ‘domicile’.
- WBNUJS is in a transition phase, with Prof NK Chakrabarti taking over shortly. NUJS already suffers from alarming faculty and student housing shortages. These cannot be remedied in a jiffy. In view of these circumstances, the first WBNUJS University Review Commission (URC) had previously recommended a temporary cut-down of the controversial NRI-quota seats to ensure greater focus on quality. As we speak, for over a year WBNUJS continues to be entangled in stillborn inquiries investigating allegations of maladministration, scams and over payments to data entry officers that individually run into crores.
Given these circumstances, it is best that the GoWB suspends the implementation of domicile quota this year. Instead, through an honest engagement and dialogue with the University administration and the SJA, the GoWB may work out a plan for a staggered implementation of an evidence-led quota policy which will be pegged against improvements in the quality and quantity of faculty, teaching and research infrastructure and funding; expansion in quality student housing and better campus facilities and security – as emphasised on by the URC and the SJA in the past. An SJA general body meeting earlier this week is understood to have vowed renewed attention to these matters.
As I have argued previously, the original design of NLUs is under imminent threat of dilution due to multiple organ failure.
Past experience shows that NLU students cannot depend on myopic and self-serving administrators or state governments.
The NLU Student Consortium may therefore urgently convene a meeting to develop a set of ‘minimum standards’ applicable across all NLUs, including on the issue of domicile quota.
Previously, Debadatta had ensured the introduction of the National Law Universities of India Bill, 2016 to partially address these concerns. With the dissolution of the 16th Lok Sabha, he has little hope today.
I strongly urge the NLU Student Consortium to draft a fresh Bill and approach parliamentarians; senior advocates; serving and retired SC and HC judges; and the concerned central Ministers.
Despite judicial inquisitiveness, the central government has shown little interest in according Institutes of National Importance (INI) tag to NLUs.
It is perhaps time for NLU Student Consortium, NLUs’ most reliable accountability mechanism, to look into other alternate models simultaneously.
Arjun Agarwal was elected President of WBNUJS’ Student Juridical Association for 2016-18, and presently works as an Associate at Trilegal, Delhi. All views expressed are personal.
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However, there is still time to unite and fight, through petitions, protests, media publicity and litigation. Mamata is in a weak position and her close aides are gradually deserting her.
Good analysis. However, it is essential to recognize (as I am sure you do - but as I would like to state here for the benefit of those who do not) that the reality of students "having been bought ... through free marks and attendance" is not really as much out of either a dereliction of duties as students towards the college (and future students thereof) or even out of indifference to the (seriously falling) standards of the college - but out of self preservation and with the view to graduate with the most beneficial position possible, relative to others from the same college, with respect to securing jobs/ admissions in respect of further studies - and both of these require good grades and a relatively unblemished academic record (i.e., not having to retake an exam due to shortfall of attendance, which results in a prominent "D" mark against the relevant subject, in the transcript).
I hasten to add that I am not looking to defend/ justify what some may regard as student apathy in this regard - but to merely provide another perspective to be factored in. Many students realize (and yes, to some extent, this is the cynic in me speaking) that efforts to unseat the incumbent administration are oftentimes going to be extraordinarily difficult to actualize (all the more so, given the intertia - on the parts of both students and faculty alike in this regard) as well as possibly counter-productive (to the extent that it could possibly sour relationship(s) with folks in the machinery of the university - professors and administrators alike - which could again prove to be inimical to one). Alumni, prospective students and other onlookers should bear these realities in mind before making facetious and oftentimes unrealistic claims about what can/cannot be done by the students themselves, by way of activism.
1. Either no reservation across NLUs or an equal percentage of reservation in all NLUs.
2. Parity between law schools, IITs, IIMs and NIFT (in terms of reservation and state domicile). Is it reasonable to discriminate between different disciplines?
3. Uniformity in governance of NLUs. Some have CJI as Chancellor, some have state CJs, some have governors, some have chief ministers.
4. NLUD must join CLAT -- which Shamnad Basheer kept of his PIL very mysteriously (or not so mysteriously).
There are solid grounds for the SC to intervene and ask the centre to frame rules. However, the bigger question is how many NLUs will unite. NLSIU will be resistant for selfish reasons, but at least 3 or 4 NLUs could unite?
1. Agreed - and if it were upto me, there would be no "reservation" on any basis - except maybe a limited one, w.r.t. "NRI quota" (which is somewhat justified given that the additional fees paid by "NRI sponsored" candidates could be used towards the maintenance and improvement of the infrastructure of the colleges, and that since "NRI sponsored" candidates oftentimes do not have ranks far below their "general" counterparts (as opposed to SC/ST/OBC candidates who have far worse ranks). Having said this, having "equal percentage of reservation in all NLUs" is not something that a Court can order (then again, this Court has scant regard for the separation of powers, so who knows?)
2. I don't think there is any "discrimination" here - any, which is actionable through the resort to the judicial process, anyway. This is not to say that I oppose the "nationalization" of NLUs - I believe that a system must be put in place which, while brings NLUs into the administrative sphere of the Central Government, must preserve the autonomy of the NLUs to function/self-administer themselves, subject only to minimal but necessary parameters which will serve as lowest common denominators.
3. Fair enough.
4. No - and I speak as an alumnus of NUJS. It should be open for universities like NLU-D to have a separate test (which seems to be doing them a lot of good - and I personally believe other institutes should try something like this, as well). Yes, I am aware of the purpose that CLAT serves in the scheme of things, as far as admissions into the NLUs go, but do not see any harm from a properly administered exam like AILET being in place.
Quote: Not so solid grounds, sadly, but given the judiciary's penchant for activism, I assume it can be done. That said, I don't expect at least the top few NLUs (NLS, NALSAR, NUJS, NLUJ, NLUD) to really band up (at least officially) in this regard.
No wonder, NLS would be resistant.
The Justice Bobde-led bench would also hear matters related to admissions to educational institutions other than medical and engineering colleges, leases, government contracts and contracts by local bodies.
So why not file a PIL before Bobde's bench ???
//economictimes.indiatimes.com/articleshow/69976990.cms?utm_source=contentofinterest&utm_medium=text&utm_campaign=cppst
The UGC 10 year rule should also be challenged. Under UGC rules, the earliest an NUJS alum can be VC is 1 Jan 2028, when Shubhankar Dam will complete 10 years as professor rank in the UK. But that is much too late.
1) Bikash Bhattacharya (Left) --- strong critic of Mamata
2) Vikramjeet Banerjee and Som Mandal of Fox & Mandal (both BJP) -- Mandal regularly tweets against Mamata
3) Arunava Ghosh (Congress) --- bitter opponent of Mamata
4) Jayanta Mitra, Cal HC Bar Library President and former AG (neutral and respected) --- is critical of Mamata , he told the media: "I resigned to keep my spine firm"
economictimes.indiatimes.com/news/politics-and-nation/i-resigned-to-keep-my-spine-firm-says-bengals-former-advocate-general/articleshow/57213834.cms
5) Anindya Mitra (neutral and respected): another senior lawyer who resigned as AG after being unhappy with Mamata
6) Other senior advocates (all neutral and respected):
- Ranjan Bachawat
- Abhrajit Mitra
- Soumendranath (Gopal) Mukherjee
- Jaideep Gupta (son of Dipankar Gupta, who was a friend of NUJS in the earlier years)
7) Former SC judges from Bengal:
- Pinaki Ghosh
- Ruma Pal
- AK Ganguly
Would appreciate your reply.
economictimes.indiatimes.com/.../69983714.cms?utm_source%3Dtwitter_web%26utm_medium%3Dsocial%26utm_campaign%3Dsocialsharebuttons
www.livelaw.in/top-stories/all-india-judicial-service-law-minister-seeks-suggestions-from-states-high-courts-145959
barandbench.com/all-india-judicial-service-centre-state-governments-high-court/
If you want the law ministry support make the messaging and packaging "political". This does not mean that the proposal needs saffron, green, blue etc coloring. But it should have political logics that has cross-party appeal with degrees of left/right of centre (wherever that is).
Also note Justice Bobde is the Chancellor of MNLU Mumbai and Nagpur, which has 50% state domicile.
For those in NUJS thinking of litigating against WB govt and expecting a sympathetic judiciary, why not wait for the 67th EC minutes? The stances of the following will let you know what to expect in SC and Calcutta HC -
Justice Arun Mishra as the CJI/Chancellor's nominee hasn't spoken a word; Justice Sikri too kept silent when he visited NUJS during 2019 convocation. He did however make himself (and by extension CJI Gogoi) heard on the need for the "interim-ness" to end at NUJS. While that brought some pace, the deadlines were flouted without consequences.
Justices Indira Banerjee and Anirudha Bose are in the SC. If and when SC were to hear Noojies, there will be backroom consultations with these two judges along with Justice Arun Mishra. Do we have anything that tells us that these judges will oppose the state on domicile issue? At best Justice Mishra may request the state to consider implementing a lower quota this year or roll over the 30% to next year. But I seriously doubt he will do that. Most likely he will say "if the university is able to do it, then okay". Taluk & Co will then pass the buck to NKC.
Please note if CJI Gogoi wanted to send a signal, he would have sent it through Justices Sikri or Arun Mishra. Also note that Gogoi was previously the Chancellor of MNLU Aurangabad, which too has a 50% domicile.
The only reason NLSIU is "safe" right now is because HDK has bigger worries and he knows quota politics will not fly. The moment Karnataka gets a government which is on surer political wicket, quota will come.
To know how Calcutta HC will respond to Noojie PIL warriors, check out what Justice Sommader does in the EC. His anti-establishment credentials are overrated. Calcutta HC is a heritage building. So the facade and colours cannot be changed. But that doesn't mean......ahem.
So let's all pipe down now, smoke the peace pipe and wait for apun ka time.
Contact details are available below
twitter.com/swapan55
twitter.com/sommandaloffice
twitter.com/anirbanganguly
www.anirbanganguly.in/about/
myneta.info/westbengal2016/candidate.php?candidate_id=842
www.facebook.com/sommandalbjp/
164.100.47.5/newmembers/Website/Main.aspx
I applaud past and present SJA office bearers to survive provocations, motivated insults, seductions of "connections" and other bells and whistles. I really hope Sunny Boys get it. Please shed egos and decline instigation by the Faulty.
Is the troll suggesting that the listed saffron folks needed a red carpet invitation from SJA to raise the issue of NUJS in various forums (for their benefit)? Is NUJS and its troubles an item number for these so-called high and mighty? Not interested in your sacred games or those of your political opponents.
At NUJS, only Invicta. Don't like it. Butt off and take Faulty with you.
1. NIJS established on 1999 whereas CLAT commenced from 2008. First few years majority students were domiciles . They built the reputation of the institute. Stidents from outside the state started joining once it is already reputed.
2. Jadavpur University has 90% domicile quota. It did not stop it becoming one of the best university in the country . Placement is one of the best in the country. Highest salary offerred there this year is 41 lakhs. Domicile quota did not prevent that
3. 30% state quota is ratiknal and reasonanle. Out side WB students are most welvome in NUJS. But remember that you are student knly and not the policy maker. Tomorrow you may ask the right to decide CM of WB, but that does not mean that you will get it.
4 Ask other NLUs to abolish quota first. NUJS here is only follower not the leader or first to introduce the quota
5. Come in NUJS , study here, built your career and leave. Dont try to be too smart. If you feel institute list its quality, please select another NLU and improve the quality there. You are most welcome
barandbench.com/domicile-reservation-nujs-not-applicable-this-year-calcutta-hc/
Great last minute work by Prashant.
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