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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
PUSHPENDRA SINGH BHATI, CHANDRA PRAKASH SHRIMALI
Anindita Biswas, D/o Krishnendu Biswas – Appellant
Versus
National Law University, Jodhpur – Respondent
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 qu
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 t....
A university must be under the control of the state for domicile reservation provisions to apply; mere residency does not confer rights to consider for a quota.
Domicile/residence-based reservation in PG Medical Courses is unconstitutional, violating the principle of equality under Articles 14 and 15 of the Constitution.
Point of law: The proper and correct course is to first fill up the OC quota (50%) on the basis of merit; then fill up each of the social reservation quotas i.e. SC, ST and BC; the third step would b....
(1) Reports and recommendations made by Parliamentary Committees/Commissions that precede enactment of a Statute can be used as external aids to interpret meaning of ambiguous words in a statutory pr....
Legitimate classification based on residency for admission into medical programs is constitutional, ensuring local residents benefit while maintaining educational standards contrary to claims of disc....
The restriction imposed by the 2016 Rules on the right guaranteed under Article 19(1)(g) is reasonable and thus saved by clause (6) of Article 19.
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