Karnataka High Court to begin hearing on batch of petitions challenging the 25 percent horizontal reservation for Students of Karnataka, at National Law School of India University.

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Court begins hearing.
Sr Adv K G Raghavan to continue his arguments.

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Raghavan says that the point to be considered by the court is whether there is anything produced to show there is socio-economic inequality.

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Raghavan points that "The object of reservation has to be to promote state interest or promote interest of a backward region."

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Justice B V Nagarathna asks do you want Karnataka students to practice in mofussil courts.

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HC: Can you bar the Karnataka Students from going out of Karnataka?

Raghavan replies "The statement is undisclosed in the object of the amendment and in my view there is none."

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HC says "We are putting this to both side if we are able to justify the end of the object then the means will be automatically be valid."

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HC says first we will have to identify whether (NLSIU) it is a local college or a national institution.

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Raghavan submits "After the introduction of Article 15 (5), reservation into any education institution has to satisfy Article 15 (5). If it does not such a reservation cannot be justified on the basis of Article 14."

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HC wants clarification on whether SC/ST students will be admitted in 25 percent quota for Karnataka students category.
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Raghavan submits the reason forthcoming in the statement of object that other universities in different sates have done it, I will do it, does not fit in the twin test of state interest or promoting the interest of a backward region of the state.

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HC says they have increased the seats at NLSIU?

Raghavan replies increase in the seats and the reservation for Karnataka Students does not have any connection, it is independent.

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Justice Nagarathna's advise to law aspirants "You must be a student of life, there has to be life experience before drafting. Life of Law is not logic but experience, Justice Homes had said.

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Raghavan concludes his arguments.

Adv C K Nandakumar appearing for two former students of the University, begins his submissions.

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Nandakumar says "Till 2008 NLSIU conducted its own entrance exams. Since 2008 CLAT is organized, it is now being organized by Consortium of Law Universities."

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He refers to the seat matrix that was available to law aspirants in January, before the amendment came into force.
"When the process began in Jan, there was no concept of domicile reservation in Karnataka."
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Seats put together were only 80 in January and not 120 as is now after the amendment, says Nandakumar.

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Nandakumar apprises the court about the process of admission based on CLAT ranking he says "Because of this amendment increment of 5 percent is given to Karnataka Students."

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HC: Who is going to give this 5 percent?

Nandakumar says "This adjustment will be done by the consortium."

HC: Will it not amount to tinkering with the ranks. What is the purpose of National rank, where is the merit then?

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Nandakumar says "First amendment to the NLSIU Act was at the behest of the suggestion made by UGC. There was no role of State of Karnataka."

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He submits that "The affect of the amendment is that it takes away the powers of the executive council."

Secondly "The role of the state of Karnataka from the statute itself is very limited."

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He adds that if an amendment act is in violation of parent act then the amendment is impermissible and should be struck down.

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