Two general category Law Aspirant students have moved to the Calcutta High Court to file a writ petition opposing the law directing 30% domicile reservation for admission in West Bengal National University of Juridical Sciences (WBNUJS) for the academic year 2020-2021.
The two prospective candidates are from Delhi and Mathura and have challenged the constitutionality of the move. They have stated in their petition, with reservation of 30% for domicile along with other existing categories- SC/ST/OBC/EWS/Foreign National, PWD, there will be only 34.64% of seats left for those belonging to the open category.
Challenging the vires of the West Bengal National University of Juridical Sciences (Amendment) Act, 2018, that introduces Section 4A to the original Act of 1999, the Petitioner urged, “The Supreme Court in a host of judgements has held that in institutes of higher learning, merit should be the sole criteria for admission.”
The petition was filed by advocate Indradip Das and is likely to be listed this week at the Calcutta High Court. The petitioner also pointed out that the WBNUJS Act, 1999 endows the University with autonomous status and the West Bengal Government cannot arbitrarily make changes to the policy without adhering to the policies under the statute. The petition said, “the amendment is arbitrary, unconscionable, and in conflict with the WBNUJS Act, 1999 as it is well settled that where a statute provides for a thing to be done in a particular manner, then it has to be done in that manner, and in no other manner.”
Thus the students have sought for interim relief in the form of stay of the policy arguing that if it is not granted, it would cause irremediable damage to the law aspirants.