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Nalsar VC maintains law is followed, as Nat’l Backward Classes com’n hauls him to Delhi over reservations

Cong spokesperson says Nalsar registrar had made ‘lame and untenable excuses’
NCBC summons Nalsar Hyderabad VC to Delhi (via Twitter)
NCBC summons Nalsar Hyderabad VC to Delhi (via Twitter)

Nalsar Hyderabad vice chancellor Prof Faizan Mustafa has been summoned to appear before the National Commission for Backward Classes (NCBC) in Delhi on 4 June, according to a number of news reports.

The body wrote that it wants to “discuss the case of non implementation” of reservations of OBC/BC students at Nalsar with Mustafa, and added that “in view of the seriousness of the case... I advise you to kindly appear” in person “positively to discuss the matter”.

The letter also stated that the NCBC was “most notably concerned” about the “serious nature” and that “no remedial action provided to the representatives till date”. The Commission “viewed it seriously”, it added.

Despite the polite (if serious) language, the NCBC enjoys “all the powers of a Civil Court trying a suit”.

The summons, made yesterday, follows a pre-election campaign earlier this month by a Congress spokesperson calling for an 85% “sons of soil” quota at Nalsar, claiming the national law university violated state law.

Nalsar had rejected the claims back then, and Mustafa when contacted by us today reiterated those claims.

Mustafa said: “NALSAR Reservation is governed by the NALSAR Act. The Act does not talk of BC reservation. Some NLUs do not have BC reservation at all and others give only under domicile quota.

“With small number of seats in NLUs ensuring all categories of reservation is quite difficult.”

In his letter to the NCBC, Congress spokesperson Dr Sravan Dasoju called the previous statement made by Nalsar’ registrar Prof Balakista Reddy, which had first been published on Legally India, a “lame and untenable excuse”, maintaining that Nalsar was in violation of state laws regarding reservation.

Nalsar’s previous statement had read:

Prof. Balakista Reddy said that the NALSAR University of Law has to function in accordance with the NALSAR University Act, 1998. The Act originally did not provide for any reservation including local reservation. It was only in 2010 the NALSAR University Act was amended and Section 5A was inserted in the Act. Section 5A laid down that there shall be reservation of seats in the courses in favour of Scheduled Castes, Scheduled Tribes, Physically Challenged Persons, Women and resident students of Andhra Pradesh (now Telangana).

The amendment also specified that the reservation to the local candidates (resident students) will be only to the extent of twenty percent. Thus, it is clear that the NALSAR Amendment Act of 2010 does not include BC reservation and Legislative Assembly itself did not provide for 85% local reservation. Some other Law Universities such as National Law School of India University, Bangalore and National Law University, Delhi do not have either BC or local reservation. However, in some of the NLUs, the local reservation is to the extent of 10% to 25% only.

In fact the original 85% reservation provided in DSNLU, Visakhapatnam had to be brought down to 50% as CLAT Core Committee had refused to recognise DSNLU as National Law University due to such massive local reservation. Only when the local reservation was brought down to 50%, DSNLU was admitted as member of CLAT.

NALSAR has not received any communication either from the President of India under Article 371D or from the State Government to reserve 85% seats for the local candidates. In fact, if such a reservation is made, NALSAR will not be allowed to remain part of Consortium of National Law Universities as the national character of NALSAR shall be seriously undermined. NALSAR is an institution of eminence with just 120 seats in B.A., LL.B. (Hons.) and therefore providing excessive reservation may not be wise.

Thus, the Registrar has asserted in unequivocal terms that NALSAR is not in violation of any law. In fact, NALSAR is fully complying law as far as reservations are concerned.

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