Congress demands implementation of NCBC decision on OBC quota in law universities

Hyderabad: All India Congress Committee (AICC) National Spokesperson Dr. Dasoju Sravan on Monday demanded that OBC quota must be strictly implemented in all 23 National Law Universities, including Hyderabad-based NALSAR, in view of the interim order given by National Commission for Backward Classes withholding admission process in NLUs for non-implementation of OBC quota.

Following a complaint lodged by Dr. Sravan on May 28, 2019, the BC Commission had directed the Vice-Chancellors of all the 23 NLUs in December 2019 to appear before the commission to explain the ad hoc manner in which admissions were conducted. The hearing was conducted by the NCBC in New Delhi on Monday. After hearing the matter, Commission Chairman Bhagwan Lal Sahni directed all the national law universities to withhold the admission process for the year 2019-20 until the OBC quota issue gets resolved.

Sravan informed that he had secured details on the implementation of OBC quota in all national law universities under RTI and based on the output, a comprehensive complaint was lodged before the National BC Commission.

Later, speaking to media persons, Dr. Sravan said that the law universities were violating the law by not implementing the legally mandatory quota for students belonging to Backward Classes. He said that he had made a representation to Telangana Chief Minister K. Chandrashekhar Rao against the NASLAR University which was not implementing 85% quota for local students besides ignoring the BC students. "While we had sought the intervention of the Chief Minister on the issue on May 6, 2019, it was NALSAR University which issued an uncalled for a press release the next day justifying the violation of the rule of reservation.

"The Registrar of the NALAR University had come up with a lame and untenable excuse that there was no provision made in the NALSAR University Act to extend reservations to OBCs students. He said during the hearing before the BC Commission it was then made clear that 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," he said.

The BC Commission has been told that NALSAR 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 (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 was not providing adequate reservation in respect of the students in the OBC / BC category.

"The NALSAR 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 favour 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 reiterated the demand that the NALSAR University provide 85% quota for local candidates, as per Article 371 (D) of Constitution of India, besides implementing the OBC and BC quota as per both national and State reservation policies. He expressed confidence that the intervention of National BC Commission would restore OBC quota which otherwise was illegally removed by the universities. This will help a large number of OBC students in pursuing a quality legal education and build an effective legal career in Telangana and other States.