C.ANANTHARAMU v. THE CONVENER COMMON LAW ADMISSION TEST CLAT 2010 NATIONAL LAW INSTITUTE UNIVERSITY & Ors.

( By Sri. ASHWIN PRABHU, ADV FOR R1, M/S HOLLA & HOLLA, ADVS FOR R2 ) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE PROVISIONAL LIST OF SELECTED CANDIDATES FOR INDIVDUAL UNIVERSITES (ANNEXURE E) PUBLISHED BY THE 1ST RESPONDENT ONLY IN SO FAR AS ALLOTTING THE SEAT TO THE DAUGHTER OF THE PETITIONER IN THE 3RD RESPONDENT UNIVERSITY, GANDHINAGAR AT SL. NO. 1 VIDE ROLL NO. BA01U00050 IN THE SCHEDULED CASTE CATEGORY. WP No.18473/2010: BETWEEN : KUM. RASHMI NAIK 19 YEARS, D/O KRISHNA NAIK R/AT NO.58, "SRI GURUKUPA" 11TH CROSS 1ST MAIN, JAGADEESH NAGAR, 3 NEW TIPSANDRA BENGALURU-560075 ...PETITIONER ( By Sri. V R SARATHY, ADV FOR M/S RAVIVARMA KUMAR ASSOCIATES ) AND : 1 THE CONVENER COMMON LAW ADMISSION TEST (CLAT-2010) NATIONAL LAW INSTITUTE UNIVERSITY REP BY ITS REGISTRAR, KERWA DAM ROAD BHOPAL, MADHYA PRADESH-462044 2 NATIONAL LAW SCHOOL OF INDIA UNIVERISTY (NLSUI) - REP BY ITS REGISTRAR NAGARBHAVI, BENGALURU-560242 3 CHANAKYA NATIONAL LAW UNIVERSITY (NLIU) REP BY ITS REGISTRAR A N SINHA INSTITUTE OF SOCIAL STUDIES NORTH GANDHI MAIDAN PATNA, BIHAR 4 HIDAYATULLAH NATIONAL LAW UNIVERSITY HNLU, NEW CAMPUS, REP BY ITS REGISTRAR UPARWARA VILLAGE, ABHANPUR THESIL NEW RAIPUR, CHATTISGARH-493661 5 KUM SHINDE MRINALINI SANJIV ADMIT CARD NO.MM01U0071, RANK NO.74, SELECTED FOR IST YEAR LAW COURSE SELECTED UNDER S C QUOTA NATIONAL LAW SCHOOL OF INDIA UNIVERSITY 4 (NLSUI), NAGARBHAVI, BANGALORE-560242 6 7 SRI FATA RAM ADMIT CARD NO.JD01U00093 RANK NO.885 SELECTED FOR IST YEAR LAW COURSE SELECTED UNDER SCHEDULED CASTE QUOTA NATIONAL LAW SCHOOL OF INDIA UNIVERSITY (NLSUI), NAGARBHAVI, BANGALORE-560242 SRI KARAN CHOUDHARY ADMIT CARD NO.ND03U00207 RANK NO.989 SELECTED FOR I YEAR LAW COURSE (FIVE COURSE) SELECTED UNDER SC QUOTA NATIONAL LAW SCHOOL OF INDIA UNIVERSITY (NLSUI), NAGARBHAVI, BANGALORE-560242 8 KUM SURUCHI SINGH ADMIT CARD NO.ND01U00007 RANK NO.1093 SELECTED FOR IST YEAR LAW COURSE (FIVE COURSE) SELECTED UNDER SC QUOTA NATIONAL LAW SCHOOL OF INDIA UNIVERSITY (NLSUI), NAGARBHAVI, BANGALORE-560242 9 SRI SHREYAS DURWAS SATADEVE ADMIT CARD NO.BH02U00439 RANK NO.1100 SELECTED FOR IST YEAR LAW COURSE (FIVE COURSE) SELECTED UNDER SC QUOTA NATIONAL LAW SCHOOL OF INDIA UNIVERSITY (NLSUI), NAGARBHAVI, BANGALORE-560242 10 KUM YAMINI SANT ADMIT CARD NO.ND06U00462 RANK NO.1141 SELECTED FOR IST YEAR LAW COURSE 5 (FIVE COURSE) SELECTED UNDER SC QUOTA NATIONAL LAW SCHOOL OF INDIA UNIVERSITY (NLSUI), NAGARBHAVI, BANGALORE-560242 11 KUM TRISHITA ROY ADMIT CARD NO.KL01U00384 RANK NO.1146 SELECTED FOR IST YEAR LAW COURSE (FIVE COURSE) SELECTED UNDER SC QUOTA NATIONAL LAW SCHOOL OF INDIA UNIVERSITY (NLSUI), NAGARBHAVI, BANGALORE-560242 12 SRI SHUBHAM KAUL ADMIT CARD NO.LU01U00619 RANK NO.1192 SELECTED FOR IST YEAR LAW COURSE (FIVE COURSE) SELECTED UNDER SC QUOTA NATIONAL LAW SCHOOL OF INDIA UNIVERSITY (NLSUI), NAGARBHAVI, BANGALORE-560242 13 SRI SUMIT ADMIT CARD NO.ND01U00155 RANK NO.1329 SELECTED FOR IST YEAR LAW COURSE (FIVE COURSE) SELECTED UNDER SC QUOTA NATIONAL LAW SCHOOL OF INDIA UNIVERSITY (NLSUI), NAGARBHAVI, BANGALORE-560242 ...RESPONDENTS ( By Sri. ASHWIN PRABHU, ADV FOR R1, M/S HOLLA & HOLLA, ADV FOR R2, Sri. ADITYA SONDHI, ADV FOR R5, 6, 8, 9, 11 AND 12 ) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE PROVISIONAL LIST OF SELECTED CANDIDATES 6 FOR INDIVDUAL UNIVERSITES (ANNEXURE K) PUBLISHED BY THE 1ST RESPONDENT ONLY IN SO FAR AS ALLOTTING THE SEAT TO THE PETITIONER IN THE 4TH RESPONDENT- HIDAYATULLAH NATIONAL LAW UNIVERSITY (HNLU) AT SL.NO.1 IN THE SCHEDULED CASTE CATEGORY. WP No.17547/2010: BETWEEN : KUM. MADHAVI D NAYAK 18 YEARS, D/O DEVENDRAPPA H R/AT NO.933, "CHETANA" IIIRD MAIN ROAD, VIJAYANAGAR BANGALORE-560040 ...PETITIONER ( By Sri. V R SARATHY, ADV FOR M/S RAVIVARMA KUMAR ASSOCIATES ) AND : 1 2 THE CONVENER COMMON LAW ADMISSION TEST (CLAT-2010) NATIONAL LAW INSTITUTE UNIVERSITY REP.BY ITS REGISTRAR, KERWA DAM ROAD BHOPAL-462 044, MADHYA PRADESH NATIONAL LAW SCHOOL OF INDIA UNIVERSITY(NLSUI) REP. BY ITS REGISTRAR NAGARBHAVI, BANGALORE-560242 3 THE WEST BENGAL NATIONAL UNIVERSITY 7 OF JURIDICAL SCIENCES(NUJS) REP. BY ITS REGISTRAR NO.12LB BLOCK, SECTOR-III SALT LAKE CITY, KOLKATA WEST BENGAL 4 KUM. TENZIN PALDRON TSERING ADMIT CARD NO. ND02U00382 RANK NO.542, SELECTED FOR 1ST YEAR LAW COURSE, SELECTED UNDER SCHEDULED TRIBE QUOTA AT NATIONAL LAW SCHOOL OF INDIA UNIVERSITY (NLSUI) , NAGARBHAVI, BANGALORE-560242 5 KUM. BHOOMIJA VERMA ADMIT CARD NO. CHO1U00184 RANK NO.882, SELECTED FOR 1ST YEAR LAW COURSE, SELECTED UNDER St QUOTA AT NATIONAL LAW SCHOOL OF INDIA UNIVERSITY (NLSUI) , NAGARBHAVI, BANGALORE-560242 6 SRI. NERSWN P BASUMATARY ADMIT CARD NO. NDO7U00003 RANK NO.1402, SELECTED FOR 1ST YEAR LAW COURSE, SELECTED UNDER ST QUOTA AT NATIONAL LAW SCHOOL OF INDIA UNIVERSITY (NLSUI) , NAGARBHAVI, BANGALORE-560242 7 KUM. AKANKSHA PRAKASH ADMIT CARD NO. PT02U00216 RANK NO.1405, SELECTED FOR 1ST YEAR 8 LAW COURSE (FIVE COURSE), SELECTED UNDER SCHEDULED TRIBE QUOTA AT NATIONAL LAW SCHOOL OF INDIA UNIVERSITY (NLSUI) , NAGARBHAVI, BANGALORE-560242 SRI. VISHAL MEENA (DELETED) SRI. CHIMAN DEBBARMA ADMIT CARD NO. KL02U00264 RANK NO.1480, SELECTED FOR 1ST YEAR LAW COURSE (FIVE COURSE), SELECTED UNDER SCHEDULED CASTE QUOTA AT NATIONAL LAW SCHOOL OF INDIA UNIVERSITY (NLSUI) , NAGARBHAVI, BANGALORE-560242 8 9 ( By Sri. ASHWIN PRABHU, ADV FOR R1, M/S HOLLA AND HOLLA, ADV FOR R2, Sri. ADITHYA SONDHI, ADV FOR R4, 6, 7, 8 & 10) ) ...RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE PROVISIONAL LIST OF SELECTED CANDIDATES FOR INDIVIDUAL UNIVERSITES (ANNEXURE D) PUBLISHED BY THE 1ST RESPONDENT ONLY IN SO FAR AS ALLOTTING THE SEAT TO THE PETITIONER IN THE 3RD RESPONDENT- UNIVERSITY OF JURIDICAL SCIENCES (NUJS) AT SL.NO.3 IN THE SCHEDULED TRIBE CATEGORY. THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP THIS DAY, THE COURT MADE THE FOLLOWING: 9 O R D E R These petitions have been filed seeking to quash the provisional list of selected candidates for individual universities published by the 1st respondent, as per Annexures E, K and D respectively..

2. In W.P.No.18634/2010, petitioner challenges the allotment of seat to his daughter at 3rd respondent University-Gujarat National Law University , Gandhinagar in the scheduled caste category.

3. In W.P.No.18473/2010, petitioner challenges the allotment of the seat to her in the 4th respondent University- Hidayatullah National Law University under the scheduled caste category.

4. In W.P.No.17547/2010, petitioner challenges the allotment of seat to her in the 3rd respondent University-The West Bengal National University of Juridical Sciences under the scheduled Tribe category. 10

5. All these petitioners have sought to allot seats in the 2nd respondent University-National Law School of India University, under the quota reserved for scheduled caste and scheduled tribe categories.

6. The grievance of the petitioners is, in the Common Law Admission Test conducted for the academic year 2010-2011 by the 1 st respondent, they applied under the scheduled caste and scheduled tribe category for admission in the 2nd respondent-National Law School of India University, Bangalore. However, the 1st respondent, on the caste certificates issued by various states declaring certain of the students as belonging to scheduled caste and scheduled tribe, has allotted seats to them based on their merit. The same is under challenge on the ground that the 2nd respondent-National Law School of India University has been established under the State Statute and as per the Presidential Order, 1950 issued under Article 341 of the Constitution of India, the candidates whose castes are notified in the list of Karnataka State should be allotted with the seats and not based 11 on the scheduled caste and scheduled tribe certificate issued by various states based on their own notifications and classifications.

7. Heard the learned counsel for the petitioners and the counsel representing respondent No.2.

8. Similar question arose before this Court W.P.No.18534/2009 disposed of on 10.9.2009 in the case of Lolaksha Vs. Convenor(CLAT-2009), Nalsar University of Law and others wherein a Single Bench of this Court has held that the National Law School of India University could not have extended reservation to the scheduled caste and scheduled tribe students of other states ignoring the Presidential Order 1950 declaring certain castes as scheduled caste and scheduled tribe in relation to State of Karnataka. Further, it is also held that National Law School of India University cannot extend the status of scheduled caste and scheduled tribe to the candidates hailing from other States and areas ignoring the Constitution 12 (Presidential) order 1950 issued in relation to State of Karnataka. However, it is ordered that admission of some of the candidates in violation of the Presidential Order cannot be disturbed as they have been selected based on their merit and there is no misrepresentation on their part.

9. Since similar matter has already been disposed of by this Court and it is under reconsideration by the Division Bench and so far, no stay has been granted, there may not be any impediment to dispose of these petitions, in terms of the order passed in W.P.No.18534/2009 disposed of on 10.9.2009. Accordingly, these petitions are disposed of saving the admissions of those candidates who are admitted already pursuant to the selection made in Common Law Admission Test. Bkp Sd/- JUDGE