Indian Kanoon - Search engine for Indian Law

Delhi High Court - Orders

Balvinder Sangwan & Ors vs State (Gnct) Of Delhi Through Chief ... on 7 July, 2020

Author: Hima Kohli

Bench: Hima Kohli, Subramonium Prasad

$~2
*      IN THE HIGH COURT OF DELHI AT NEW DELHI
+      W.P.(C) 3454/2020
       BALVINDER SANGWAN & ORS.                    ..... Petitioners
                    Through: Mr. Nipun Saxena and Mr. Akash
                    Lamba, Advocates

                          versus

       STATE (GNCT) OF DELHI THROUGH CHIEF SECRETARY &
       ORS.                                        ..... Respondents
                     Through: Mr. Ramesh Singh, Standing Counsel
                     (Civil), GNCTD with Ms. Tara Narula, Advocate
                     for R-1 and R-2.
                     Mr. Sanjay Vashishtha and Mr. S.D. Sharma,
                     Advocates for R-3/NLU, Delhi
                     Mr. Naman Joshi, Advocate for the intervenor.
       CORAM:
       HON'BLE MS. JUSTICE HIMA KOHLI
       HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD

                          ORDER

% 07.07.2020 HEARD THROUGH VIDEO CONFERENCING CM Nos. 14277/2020 and 14278/2020 (Exemption) Allowed, subject to all just exceptions.

CM 14276/2020 (by the respondents No. 1 & 2/GNCTD for clarification)

1. This application has been moved by the respondents No.1 and 2/GNCTD stating inter alia that the respondent No. 3/NLU, Delhi has misconstrued the status quo order passed by this court on 29.06.2020, that was confined to staying the horizontal reservation of seats for students belonging to Delhi, as provided for in the academic year 2020-21.

2. Mr. Ramesh Singh, learned Standing Counsel (Civil), GNCTD states that under the garb of implementing the order dated 29.06.2020, the respondent No. 3/NLU, Delhi has done away with the vertical reservation of 22% for the Other Backward Classes (OBC) and 10% reservation for the Economically Weaker Sections (EWS) students, which had not been permitted under the impugned order.

3. Issue notice.

4. Mr. Vashishtha, learned counsel for the respondent No.3/NLU, Delhi accepts notice and states that due to a bonafide inadvertence, the respondent No. 3/NLU, Delhi has misunderstood the status quo ante order to mean that status quo ante as of the previous academic year had been directed to be maintained by the NLU, Delhi across the board for making admissions to the BA LL.B (five year programme) LL.M (one year programme) in NLU, Delhi for the academic year 2020-21 and the order passed was not limited to the horizontal reservation to the extent of 50% for candidates, who have passed the qualifying examination from a recognised school/college/institute situated within the NCT of Delhi. He states that the respondent No. 3/NLU, Delhi may be permitted to issue a fresh Notification/Addendum to clarify the correct position. The said Notification/Addendum shall be placed on record well before the next date of hearing.

5. List on 13.07.2020.

HIMA KOHLI, J SUBRAMONIUM PRASAD, J JULY 07, 2020 hsk W.P.(C) 3454/2020 Page 2 of 2