The Karnataka state government has appealed the high court’s striking down of the NLSIU Bengaluru horizontal reservation of 25% to the Supreme Court of India, as first reported by LiveLaw today.
LiveLaw had reported:
The SLP filed by the government states that the judgment passed by the high court is erroneous and is liable to be set aside firstly because the Public Interest Litigation filed by two alumni of the National Law School, ought not to have been entertained by the high court in view of the judgment of the apex court in the case of Guruvayur Devaswom Managing Committee v. C.K. Rajan, (2003) 7 SCC 546.
Secondly on merits, it is said that the high court has erred in holding the Amendment Act to be invalid on the ground that the said amendment is contrary to the intent and spirit of the Act. The SLP says that a legislation can be invalidated by a writ court only on the grounds of: (a) lack of legislative incompetence; (b) violation of Part III of the Constitution or any other constitutional provision; and (c) manifest arbitrariness.
There was no other ground on which to strike down state legislation, said the government, noting that it had the legislative competence to pass amendments to NLS’ establishing act.
As we had reported on 30 September after the Karnataka high court’s judgment striking down the reservation, an appeal to the Supreme Court by the state government was all but certain.
As we had reported back then also, it is likely that the NLSIU case might be applicable to more national law universities (NLUs) than merely India’s first one, since many employ very similar language in its establishing acts (and several had in fact also been set up by the so-called father of NLSIU, Prof Madhava Menon).
A petition challenging the NUJS Kolkata reservation before the local high court in West Bengal also currently remains pending, with NUJS having admitted students with the reservation.
The NUJS petition has its next hearing scheduled for this coming Monday, 7 December, with hearings having been limited so far due to Covid-19.
NLSIU had not admitted under the reservation in this intake, after the high court’s judgment striking it down.
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Institute of Teaching and Research in Ayurved, Gujarat
National Forensic Sciences University, Gujarat
Rashtriya Raksha University, Gujarat (Bimal Patel is VC)
1. Why did the BCI only challenge NLSIU reservation and not NLUD/NUJS/NLUO reservation?
2. Why did ASG Banerjee argue that NLSIU is a national college but others are like KSLU?
3.Are these the official positions of GOI?
4. What has NUJS said in its reply to the court? What is the stand of the VC and why are the students silent?
5. What role will the Bengal elections play? How actively are the TMC people interfering?
2. Because he was not arguing in his capacity as an ASG but as an NLSIU alumnus. If he felt that saying that NLSIU is better Oxbridge and Harvard would help him get a favourable order, he would have said that.
3. Since when do any of the petitioners represent the central government? In this case, even the state government has got the same party in power, so clearly the central government didn't oppose the SC move either.
4. Students are sleeping during online classes. VC has got COVID.
5. None. This is a small fry matter. The opposing parties have got more important things to take care of.
TMC, BJP, every political party is a blight on education in general and educational institutions in particular. They would both interfere at every possible instance to serve their own interests and bring everything else down.
Kian, this is wrong. Menon set up only NUJS while NL Mitra, his successor, set up NLUJ. No other NLU was set up by ex NLSIU VCs.
NUALS?
Following colleges should've tried to squeeze in "National" in their names
ALSAR, WBUJS, LUD, GLU, LIU
OR
They could've tried permutations of "National" "Law School" "India" "University"
NLSUI Hyderabad
NULSI Kolkata
UNLSI Delhi
NILSU Gujarat
INLSU Maharashtra
Only way India could have a pan-Indian law university.
They teach this to us at NLSIU.
Pinky swear.
All India Institutes of Medical Sciences (AIIMS) are declared as Institutes of National Importance through the 'All India Institute of Medical Sciences Act, 1956' and its subsequent amendments.
Indian Institutes of Technology (IIT) are declared as Institutes of National Importance through the Institutes of Technology Act, 1961 and its subsequent amendments.
The National Institutes of Pharmaceutical Education and Research (NIPER) are declared as Institutes of National Importance through the 'National Institute of Pharmaceutical Education and Research Act, 1998' and its subsequent amendments
National Institutes of Technology (NIT) are declared as Institutes of National Importance through the National Institutes of Technology Act, 2007 and its subsequent amendments.
Indian Institutes of Science Education and Research (IISER) are declared as Institutes of National Importance through the amendments in the National Institutes of Technology Act, 2007
Indian Institutes of Information Technology (IIIT) are declared as Institutes of National Importance through the 'Indian Institute of Information Technology Act, 2014' and the 'Indian Institutes of Information Technology (Public-Private Partnership) Act, 2017' and their subsequent amendments.
Schools of Planning and Architecture (SPA) are declared as Institutes of National Importance through the 'School of Planning and Architecture Act, 2014' and its subsequent amendments.
National Institutes of Design (NID) are declared as Institution of National Importance through the 'National Institute of Design Act 2014' and its subsequent amendments.
Indian Institutes of Management (IIM) are declared as Institutes of National Importance through the Indian Institutes of Management Act, 2017 and its subsequent amendments.
en.wikipedia.org/wiki/Institutes_of_National_Importance
canfoundation.in/
If IDIA and CAN can both file separate petitions, that would be ideal.
- Cabinet reshuffle by Modi: Will RS Prasad remain law minister or be replaced by Sadananda Gowda again? If Prasad is out, does that mean Manan Mishra is also out and the end of the Bihar lobby? Also, will Meenakshi Lekhi be new MoS Law minister? Will she push for her NLU Nationalisation Bill? And any change in HRD Ministry, which is the other relevant one? Maybe Jyotiraditya Scindia?
- Cabinet reshuffle in Karnataka: Any changes to law or education portfolios? Any impact on NLSIU?
- KKV is 90 and will have to retire soon. If Tushar Mehta becomes the new AG, will Modi make Vikramjit Banerjee the new SG, since he has an established BJP connection for many years? Will he then lobby for special status for NLSIU?
- West Bengal elections: Will Mamata increase NUJS reservation to 50% if HC rules in favour? Also, the SC will rule on whether Sourav Ganguly and Jay Shah can continue in the BCCI. If the SC sacks Sourav, will he join BJP as Bengal CM candidate? What does that mean for NUJS? Also, who will be the next law minister of Bengal? Som Mandal?
How Vella are people? Or are they deluded enough to think that bitching someone else out will make them and their institutions better ?
I’m sure by now the law school folks have learnt to shake it off.
But the haters gotta take stock here. Why keep hating when you can spend that time actually working to improve your own uni?
If you’re actually a stake holder - you can pick up your phone and talk to all them alumni working at uni right now - including the VC. You can ask them questions if you think they’re doing something wrong - and if nothing works out you can write a petition or even a blog for quirk and put your name on it. This is not really a way to build the institution at all.
To person posting about NUJS alumni not taking action: a case was filed & is pending.
This was in the works prior to new association & has support from it.
But please go ahead with your (motivated) "anonymous" rant.
Nobody's onto you.
It you who's here spraying dud bullets
Where has the association taken "credit"? Through my comment? I'm not in the association. I know case filing was literally within few days of association formation. It's ridiculous to suggest there is "inaction" from
NUJS alumni. FYI Fauzia Shakil IS also IN the association. You're presumption that she lacks ability to mobilize support within an organization or community she is a part of is very offensive.
WHAT IS YOUR POINT? Don't try so hard to badmouth others. Focus on merits in the petition instead.
1. Curiously blaming a NEW Assoc instead of an OLD Assoc which existed at time of proposal & enactment of law in challenge
2. Failure to show where object of Rant failed to take action
3. Appalling contradiction in congratulating an individual while indirectly slinging mud at her
4. Cutely misrepresenting what someone perhaps mistakenly said to suit Rantor’s agenda, little by little with each post
Rantor is sentenced to more & more hours of mindless Ranting for my viewing pleasure
1. Tweet in support of protests at other NLUs, e.g. #StandWithRGNUL.
2. Tweet against CAA, e.g. #StandAgainstCAA.
3. Uninvite the Governor and tweet about it proudly, e.g. #StandAgainstGovernor. Then invite a loudmouth neta who uploads confidential audio recordings of students and embarrasses the college. Then tweet and criticise him, e.g. #StandAgainstLeaks.
4. Organise random talks and quizzes, which take no effort as they are online. Then tweet about it proudly, e.g. #ActivitiesAtNUJS.
5. Celebrate achievements of super senior alumni who they have never even met. Then tweet about it, e.g. #NUJS_Alumni_Partner.
Unlike them, you sound like a reformist
You are not busy raising money also
It takes only 1 lawyer to file a challenge
You should take this initiative
Winners do, whiners comment
Shall name a room in my house in your honour
I hold neither an office nor a grudge against winners
You on the other hand....
don't have to feel like a waste of space
You're original, cannot be replaced
Guesty, you're a firework
Come on, show 'em what you're worth
Make 'em go, "Oh, oh, oh"
As you shoot across the sky, sky, sky
Guesty, you're a firework
Come on, let your colors burst
Make 'em go, "Oh, oh, oh"
You're gonna leave 'em all in awe, awe, awe
It seems people no longer feel responsibility to be decent
The latest joke is a laughable proposal to collect money from alumni for some kind of subscription to a legal research database though why alumni nearly all of who have free access to these tools should need one defies logic. With these [...] running an alumni association it would take a miracle for the association to formally do anything worthwhile let alone challenge the HC ruling.
It is of course possible that the alum association can do better. I also think so with respect to many aspects and have made those suggestions in the survey. If they don’t engage on it duly, it would be concerning. But credit others with intelligence when they spot a propaganda and criticism for criticism’s sake.
The members got elected because people wanted them and those who didn’t was because people didn’t want them. So let’s give a fair chance and give suggestions / criticisms at the relevant forum.
Otherwise, do continue with the rant. Others are intelligent enough to see through.
Delhi HC judge?? I am with Kamra now. We all should be!
- Name of the state in the name of the NLU.
- Governing bodies are filled with local people.
- Inferior faculty
- Not ranked in QS or top 3 of NIRF
- Little or no central government-funded research chairs and grants.
- Existence of so-called NRI quota (which is just a paid quota for Indian citizens who cannot crack CLAT)
1. The VCs of other universities do not forget the governing regulations of their own university.
2. No other university is called school.
3. No other university defrauds law aspirants by keeping entrance exam fees even after the exam has been cancelled.
4. No other university is taking convo fees for holding virtual convo.
5. No other university alum community supported an alum convicted of sexual harassment.
6. No other university has had their ex-VCs going to the Supreme Court against the actions of the university.
7. No other university has had their entrance exams cancelled by the Supreme Court.
All these are vintage NLSIU traits.
But ofcourse NLS is the only one who deserves the credit, cause it is the "lAw ScHOoL", HaRVarD of wESt, NaGArBHaVi's crown, SuDhIr's paLace.
And I thought that VCs of NLUs did it first. Thankfully for some things went down badly.
Messiah virus strikes IIM-C.
Also isn't this exactly how things happen in NLUs as well? Minutes and agenda notes being controlled and manipulated by the powers that be; barring acolytes no one else even knows what gets into the "agenda" etc.
My prediction on what will happen now:
1. Next week, Cal HC judges uphold quota at NUJS
2. SC however upholds Karnataka HC judgement and says no reservation at NLSIU. SC then passes remarks saying that NLSIU is a national university but NUJS is a state university.
Bottomline: The ball is now firmly in the court of the SJA President and office bearers on whether to approach the SC. They can choose to sleep over it or take action.
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