BC Quota in NALSAR: Congress approaches National BC Commission

Hyderabad: The Congress party on Tuesday approached National Commission for Backward Classes demanding implementation of reservation for Backward Classes in NALSAR University of Law.

"The NALSAR University has been violating the law by not implementing the legally mandatory quota for students belonging to Backward Classes," All India Congress Spokesperson Dr. Dasoju Sravan said in his petition submitted before National Commission for Backward Classes chairperson Bhagwan Lal Sahni in New Delhi on Tuesday. He also cited references of his letter to Telangana Chief Minister K. Chandrashekhar Rao wherein he complained of NASLAR University not implementing 85% quota for local students and also the response given by NALSAR justifying non-implementation of reservation policy.

"While we made a representation to the Chief Minister on May 6 seeking his intervention for reservation of seats in the NALSAR University of Law for the local / domicile as well as the students belonging to the OBC / BC category, unfortunately, the Registrar of NALSAR University has released an uncalled for press note dated 7th May justifying the violation of rule of reservation and misleading the govt of Telangana, he said. The Registrar of the NALAR University came up with a lame and untenable excuse that there is no provision made in the NALSAR University Act to extend reservations to OBCs students. "Neither the NALSAR University nor the State of Telangana is allowed to violate the Presidential Order and rule of reservation that was already in existence in Telangana and continue to harp on an illegal act that was made preventing the statutory rights to students," he said.

Sravan pointed out that the University is a legal studies institution recognized by the Bar Council of India and constituted by the erstwhile State of Andhra Pradesh under the National Academy of Legal Studies and Research University Act, 1998 in the year 1998. As such, it is governed by the laws / orders / directions issued by the State Government as applicable to all State Universities. The University follows the 'Guidelines for Strict Implementation of Reservation Policy of the Government in Universities, Deemed to be Universities, Colleges and Other Grant-in-aid Institutions and Centers' issued by the University Grants Commission, New Delhi in 2006 (hereinafter referred to as the "UGC Guidelines") which clearly binds the University to follow the percentage of reservation prescribed by the respective State Government, i.e., the State of Telangana. However, he alleged that in contravention of the said laws / orders / directions of the State Government, the University is not providing adequate reservation in respect of the students in the OBC / BC category.

"The University is a 'Non-Statewide University' and "subject to the control of the State Government" in accordance with Para 5 of the Presidential Order in as much as the University was established under a statute enacted by the State Legislature and also receives grants-in-aid from the State Government. It is therefore, liable to adhere to the rules and regulations of state government and must implement the presidential orders. Under Section 43 of the Damodaram Sanjivayya National Law University Act, 2008 (as amended by Act 14 of 2018), provisions have been made to comply with the reservation requirements prescribed under the Presidential Order as it rightly acknowledges and affirms its status as a State University, bound by the legislations applicable to the State of Andhra Pradesh. As such, by virtue of the Amendment of the Constitution in the year 2014, after the bifurcation of the State of Andhra Pradesh into the States of Telangana and Andhra Pradesh, the said Article 371-D explicitly extended its applicability to the State of Telangana thereby, bringing within its scope and ambit, the University herein as constituted under the State legislation," Sravan said.

The Congress leader said that NALSAR University of Law - Hyderabad and Damodaram Sanjivayya National Law University Visakapatnam, both the Universities were established by the State Governments and hence, the said Acts must carry the spirit of presidential order and as well as state laws.

With regard to the reservations for OBC / BC category, it is submitted that the State of Telangana, vide G.O. Ms. No. 3 dated 14.08.2014 & G.O. Ms. No. 16 dated 11.03.2015 (Refer Annexure 1 & 2) issued by the Backward Classes Welfare Department, adopted the list of 112 castes/ communities constituting the Backward classes as provided by the Member-Secretary, A.P. Commission for Backward Classes, and all the relevant Government orders pertaining to the said castes/communities and provide 29% of reservation in the following percentages in every educational institution. Thus, the University is not providing any reservation in favor of the Backward Classes despite the same being statutorily mandated by the aforesaid provisions of the state government, Sravan said.

"The University has failed to implement the reservation policies in the State of Telangana as applicable to State Universities and has been committing a breach of various laws including the Constitution of India by not reserving adequate seats in accordance with the G.O. Ms. No. 16 dated 11.03.2015 r/w G.O. Ms. No. 3 dated 14.08.2014 for the students belonging to the OBC / BC Category. 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 favor of Scheduled Castes, Scheduled Tribes, Physically Challenged Persons, Women and resident students of Andhra Pradesh (now Telangana) to the extent of 20% of the sanctioned intake. This amendment does not restrict the implementation of BC reservation to the students belonging to Telangana State and it is a serious violation," Sravan told the National BC Commission.

Sravan appealed the National BC Commission to issue orders directing the NALASAR University to implement the rule of reservation to BC students providing reservation of 29% of the available seats in all the courses being offered by NALSAR. The Common Law Admission Test (CLAT) was held on My 26 and the results are expected in the first week of June 2019 and the admissions will be completed by the end of June, 2019. Nearly 60,000 students from across the country appeared for this exam and almost 60% of them belong to OBCs. Therefore, Sravan urged that the Telangana Government and NALSAR strictly implement OBC reservation and further stay their admissions till the issue of OBC reservations is resolved.

The Congress leader hoped that the intervention of National BC Commission would help a large number of OBC students to pursue quality legal education and build an effective legal career in Telangana.