The court upheld the constitutionality of domicile-based reservations in higher education, affirming state authority to promote equitable access while maintaining adherence to Articles 14 and 15 of the Constitution.

Judgment :

Pushpendra Singh Bhati, J.

1. This writ petition under Article 226 of the Constitution of India has been preferred claiming the following reliefs:

“(A) Issue an appropriate writ, order or direction quashing and setting aside the Notification S.O. 123 dated 26.12.2022 qua reservation of seats in undergraduate and postgraduate courses for Domicile of State of Rajasthan as ultra vires the Constitution of India and ultra vires the National Law University Jodhpur At, 1999;

(B) Issue an appropriate writ, order or direction quashing and setting aside the Respondent No.1 University’s Executive Council’s Resolution dated 22.01.2022 qua domicile reservation as ultra vires the National Law University Jodhpur Act, 1999;

(C) Issue an appropriate writ, order or direction declaring that the Respondent No.2 does not have any power, authority or control over the autonomy of the Respondent No.1 University;

(D) Grant any other further relief(s) as may be deemed fit in the facts and circumstances of the case and in the interest of justice.”

2. Before delving into the instant controversy it is pertinent to note that, in the 1980s, the Bar Council of India, with a vision to reform and enhance the quality of legal education in India, initiated the establishment of model law schools conferred with university status. These institutions were designed to offer a five- year integrated Bachelor of Laws (LL.B.) course post completion of higher secondary education (10+2).

2.1. The first such institution, the National Law School of India University (NLSIU), Bengaluru, was established as a pilot model. Its success led to a national-level consensus to replicate this model across various states.

2.2. The strategy was formalized through the Hyderabad Resolution adopted during a meeting of Law Ministers and Law Secretaries held from 23rd to 25th November 1995. The Resolution called for urgent legal education reforms and recommended the establishment of one National Law University in each state, intended to serve as a model for legal instruction and institutional excellence.

2.3. Acting on this recommendation, the National Law University, Jodhpur was established by the National Law University, Jodhpur Act, 1999 (hereinafter referred to as the Act of 1999), which was notified on 08.10.1999. The University was envisioned to function as an autonomous legal education and research institution of national repute.

2.4. Admission to the University is conducted through a competitive national-level examination, the Common Law Admission Test (CLAT), in which candidates from all parts of the country participate. The University offers both Undergraduate and Postgraduate programmes in law.

2.5. The governance and management of the University are comprehensively provided under the Act of 1999, which establishes a detailed statutory framework comprising various authorities, including:

• The Visitor: The Chief Justice of India or his nominee who is, for the time being, a judge of the Supreme Court of India. The visitor has right to call for report on any matter pertaining to the affairs of the University.

• The Chancellor: Appointed under the Act, the Chief Justice of the Rajasthan High Court, with powers of institutional oversight.

• The General Council: The supreme governing body responsible for providing overall strategic direction to the University.

• The Executive Council: The chief executive body responsible for managing the administration and execution of University policies.

• The Academic Council: The principal academic authority responsible for regulating academic standards and curricula.

• The Finance Committee: Responsible for financial planning, budgeting, and oversight of University expenditures.

• Other Statutory Bodies and Committees as may be constituted under the Act or the Statutes.

2.6. Notably, Rule 9 of the Act of 1999 outlines the statutory powers of the Visitor and the Chancellor, stating:

“The Chancellor and the Visitor shall have the following powers, namely: (a) t