“Education is the most important element for the growth and prosperity of a nation”

-Dr. A.P.J.A. Kalam

Law & social

Transformation

RESEARCH QUESTIONS: Explain the provisions laid

down in constitution?

Admission issues and case laws?

Suggestions?

OUTLINE OF THE PRESENTATION:

1) Reservation.

2) Definition.

3) Constitutional Assembly Debate.

4) Constitutional Provisions.

5) Concept of Domicile and Judiciary.

6) Domicile reservation in CLAT & NIFT.

7) Merits .

8) Demerits.

9) Suggestions.

10)Conclusion.

RESERVATION:

The seeds for the principle of reservation were sown way back in 19th century.

In India, preferential policies are of two types.

1) The first of these are intended to impart special benefits and reservations to SCs, STs and SEBCs.

2) To provide preferences to local ethnic groups in a particular state as against the migrant from the other states.

CASTE

GENDERRELIGION

DOMICILE

DEFINITION:

Regionalism:

Regionalism means excessive attachment for a particular region or state as against the country as a whole.

Domicile:

The place which man has voluntarily fixed the habitation of himself and family, the present intention of making a permanent home.

CONSTITUTIONAL ASSEMBLY DEBATE:

Draft Article-9 corresponding with Present Article 15, enshrining the non-discrimination clause originally as formulated by the sub-committee on fundamental rights did not contain the words ‘place of birth’ even. At the draft stage, Syed Abdur Rouf suggested the insertion of the words ‘place of birth’.

Draft Article 10 corresponding with Present Article 16 came on the anvil of the Constituent Assembly, Jaspat Roy Kapoor moved an amendment to insert ‘residence’, this was later rejected.

CONSTITUTIONAL PROVISIONS:

Art -14: Right to Equality.

Art -15: Prohibition on grounds of religion, race, caste, sex place of birth or any of them.

Art-15(4) Nothing in this article or in clause ( 2 ) of Article 29 shall prevent the State from making any special provision for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes and the Scheduled Tribes.

CONCEPT OF DOMICILE AND JUDICIARY:

Fee Disparity:

1) “D.P. Joshi Vs State of Madhya Bharat” (AIR 1955 SC 334):

• No capitation fee for bonafide resident of M.B students.

• Rs. 1300 for nominees and Rs. 1500 for other state students.

• Since this rule was violative of Art. 14 and 15.

• S.C held that this rule was not discriminatory.

• Venkatarama Ayyar. J---

CONT…

Admission Issues:1) “Mohini Jain Vs State of Karnataka”

(1992 SC 1858):

• Karnataka Govt. formulated a “locals Only” rule to totally exclude non-karnataka students both in free seat and payment seat.

CONT…

2) “Dr. Pradeep Jain Vs Union of India” (AIR 1984 SC 1420):

Reservation of 212 out of the 262 open category seats for applicants to MBBS course from within the state was challenged.

SC upheld the reservation rule.

COMPARTMENTALISATION WITHIN THE STATE:

1) “P. Rajendran Vs State of Madras” (AIR 1968 SC 1012):

District wise classification of candidates was struck down.

2) “ State of U.P Vs Pradip Tandon” (AIR 1975 SC 563):

• Reserving seats in favour of students from rural areas, hill areas and Uttarkhand.

• It was justified on the ground under Art. 15(4), as benefiting the SEBCs of citizens.

CONT…

3)“Nidamarti Maheshkumar Vs State of Maharashtra” (AIR 1986 SC 1362):

Region- wise classification for admission was defended on the ground that Vidharbha and Marathwada regions are backward as compared to Pune and Bombay regions.

The court found no material to show that the entire region within the jurisdiction of the University in Vidharbha is backward or entire region within the jurisdiction of the University in Pune University is advanced.

The court declined to categorise the regions within the jurisdiction of various Universities.

REGIONAL RESERVATION IN CLAT-2012:

NALSAR, Hyderabad:

Out of 50, 10 are allotted to A.P residents.

NLIU, Bhopal:

Out of 90 seats 45 are allotted to M.P residents.

HNLU, Chattisgarh:

Out of 160 seats 80 are reserved for local candidates.

RMNLU, U.P:

Out of 160 seats 80 are reserved for local candidates.

CONT…

RGNUL, Punjab:

Out of 120 seats 11 are reserved for Punjab residents.

Regional Reservation in NIFT-2012:

Twenty percent (20%), 06 supernumerary seats besides 30 seats will be offered for admission as State Domiciles Preferential Seats for admission at the NIFT Centres at Patna, Kangra, Bhopal, Kannur, Shillong, Jodhpur and Bhubaneshwar.

MERITS:

If students have to go to another State they would of course have to learn the regional language. This would create a heavy burden in addition to the existing strenuous curriculum.

Some difficulty would also arise in case of girls because they might find it difficult to pursue education in another region where hostel facilities may not be available.

This rule may attempt to select those students who are more likely to serve as doctors in the State after they pass out.

DEMERITS:

It may give rise to lethal radiations which may in the long run tend to break up the unity and integrity of the country.

National unity is a paramount social value that envisions equal treatment of all citizens.

No region can be higher than those of the nation.

SUGGESTIONS:

Avoidance of fragmentary approach within our country and focus on merit- based selection constitutes definite advantage of this approach.

Emphasis should be given to uniform primary and secondary education so that groups under-represented in higher education institutes and workplaces become natural competitors.

Government should announce long term plan to phase out regional reservation.

The number of seats or number of college can be increased in the prestigious higher education institutes (such as IIT, IIM, & NLU).

The only argument that momentarily arrests our attention is the equalisation concept.

In our opinion it violates the equal opportunity guarantee of the Constitution.

In developing country like India, backward areas or bad pockets are no monopoly of any State or even a single region in a State.

The scientific solution to this problem is to impart special coaching to students from the school level and really lift them up to the expected standard.

Thank You..