ALL INDIA
CONGRESS COMMITTEE
Dr
Sravan Dasoju
National
Spokesperson
6th May, 2019
To
Shri
K Chandrashekar Rao Garu
The
Honorable Chief Minister
Government
of Telangana
Pragathi
Bhavan, Begumpet
Hyderabad
– 500 041
Sub: Blatant & Deliberate Violation of Law of Land by NALSAR
University of Law, Hyderabad Causing Gross Injustice towards Sons of Soil,
i.e., Students of Telangana in General and Backward Class Students in
particular by not implementing Reservations in their Admissions - Request for
Intervention and Justice – Reg.
Sir,
The NALSAR University of Law, Hyderabad was
constituted in the year 1998 under the National Academy of Legal Studies and
Research University Act, which was enacted by the State of Andhra Pradesh in
the year 1998. However, the NALSAR, which is engaged in promoting legal
education, is indulging in violating law of the land depriving sons of the soil
i.e., Telangana Students by not implementing LOCAL reservations and destroying
the careers of BC students by not implementing reservations to BC students in
their admissions.
Due to the brazen violation of statutory
rights, ever since the inception of the NALSAR, for the last 20 years,
thousands of BC students and LOCAL Category students of Telangana, i.e., sons
of soil lost opportunity to get admissions in NALSAR in Five Year BA LLB
(Hon’s) alone; this is apart from other courses such as LLM, PhD and MBA. And
ironically, the Government of Telangana is tight lipped despite several
representations made so far by various organizations.
The students of Telangana have fought against
such discrimination in united Andhra Pradesh and it is hard to digest when our
own Telangana government is allowing such deliberate violations and denying the
constitutional benefits by the NALSAR.
According to the “National Academy of Legal
Studies and Research University Act, 1998”, the NALSAR is bound by 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. However, the NALSAR deliberately is evading implementing following UGC
guidelines {refer Para 7(B)} that clearly indicate that it is bound by the
reservations provided for the State government:
“Without prejudice to the provisions
contained in the clause (a) above, in all the educational institutions referred
to in clause (a) above and functioning within any State shall follow the
percentage of reservation prescribed by the respective State Government.”
Further It is submitted that by virtue of
article 371-D and subsequent the Presidential Order provides for reservation of
85% of the available seats to LOCAL STUDENTS in every course of study offered
by the State-wide Universities and Statewide Educational Institutions educational
institution. The relevant Para 5 of the presidential order is presented below
for your reference.
“5.
Reservations in non-Statewide Universities and educational institutions –
(1) Admissions to eighty-five per cent of the
available seats in every course of study provided by the Andhra University, the
Osmania University or Sri Venkateshwara University or by any other educational
institution (other than a Statewide University or a Statewide educational
institution) which is subject to the control of the State Government shall be
reserved in favor of the local candidates in relation to the local area in
respect of such University or other educational institution.
(2) While determining under sub-paragraph (1)
the number of seats to be reserved in favor of local candidates, any fraction
of a seat shall be counted as one: Provided that there shall be at least one
unreserved seat.”
However, the NALSAR is providing reservations
to only 20% of the total number of seats in the undergraduate program for the LOCAL
candidates as against the statutory requirement of 85%. And the NALSAR does not
provide any reservations to BC students, while as per the laws of State of Telangana,
BC students are entitled for 29% of reservations.
It is very
important to note that Damodaram Sanjeevayya National Law University (DSNLU)
was established in the year 2008 by the Government of Andhra Pradesh at
Visakhapatnam through DSNLU Act, 2008 to impart quality legal education. The
DSNLU was established on similar lines of the NALSAR, Hyderabad and DSNLU in
Andhra Pradesh is implementing the rule of reservation to BC Students and sons
of soil i.e., Local Students.
One may wonder when in our neighboring state
i.e., the Andhra Pradesh, such rule of law is implemented by the DSNLU,
Vishakapatnam providing reservations to Local Students and also reservations to
BC students, what is the predicament of the NALSAR that they do not implement
law of the land when the DSNLU and the NALSAR are formed on the same ground and
very constitutional principles.
Please note that many other National Law
Universities across the nation, [such as
National Law Institute, University, Bhopal; West Bengal National University of
Juridical Sciences, Kolkatta; National
Law University, Jodhpur Hidayatullah National Law University, Raipur; Dr. Ram ManoharLohia
National Law University, Lucknow; Gujarat National Law University, Gandhi
Nagar; Chanakya National Law University, Patna; National University of Advanced
Legal Studies, Kochi; Rajiv Gandhi
National University of Law, Patiala; National Law University, Cuttack; National
University of Study and Research in Law, Ranchi; Maharashtra National Law
University, Mumbai; Tamilnadu National Law School, Srirangam; Maharashtra
National Law University, Nagpur] which were established on the similar
lines of the NALSAR, Hyderabad through special acts in their respective state
legislative assemblies and are implementing rule of reservation with regard to LOCAL
students and also to BC/OBC students as per the state law.
You may please note that the NALSAR is
receiving every year around Rs. 3.5 Cr to Rs. 4 Cr of funding from the
Government of Telangana and the NALSAR is a being State University it is bound
to implement the reservations complying to laws of Telangana. The
NALSAR may have academic autonomy; but certainly there is no administrative autonomy
to violate law of land.
In view of the above facts, on behalf the
students of Telangana, I make an earnest appeal for the kind intervention of
Honorable Chief Minister of Telangana and issue orders to implement the rule of
reservation to BC students and to implement the article 371-D and subsequent
the Presidential Order providing reservation of 85% of the available seats to
local students of Telangana.
You may please note that Common Law Admission
Test (CLAT) is scheduled on 26th May, 2019 and hence it is requested
for your urgent intervention so that 85% of LOCAL students of Telangana and 29%
of BC students get the benefit.
Thanking you
Yours Sincerely
Dr Sravan Dasoju
CC to:
1.
The Honorable Chief Justice of
High Court of Telangana
&
the Honorable Chancellor of NALSAR University of Law
Hyderabad
-500 002
2. The Secretary
Telangana State Council for Higher Education
(TSCHE),
JNFAU Building, 1st Floor,
Mahaveer Marg,
Opp. Mahaveer Hospital, Masab Tank,
Hyderabad - 500 028.
3. The Principal Secretary,
Department of Higher Education
Government of Telangana,
Secretariat Buildings,
Hyderabad – 500 022
4. The Principal Secretary,
Department of Law
Government of Telangana,
Secretariat Buildings,
Hyderabad – 500 022
5. The Registrar
NALSAR University of Law,
Justice City, Shameerpet,
Medchal District,
Hyderabad – 500 017
No comments:
Post a Comment