SHREYAS SINHA Vs. WEST BENGAL NATIONAL UNIVERSITY OF JURIDICAL SCIENCES
LAWS(SC)-2020-9-18
SUPREME COURT OF INDIA (FROM: CALCUTTA)
Decided on September 09,2020

Shreyas Sinha Appellant
VERSUS
West Bengal National University Of Juridical Sciences Respondents


Referred Judgements :-

S. KRISHNA SRADHA VS. THE STATE OF ANDHRA PRADESH AND ORS [REFERRED TO]
P BHIMA REDDY VS. STATE OF MYSORE [REFERRED TO]
ANUPAL SINGH VS. STATE OF U P [REFERRED TO]


JUDGEMENT

HEMANT GUPTA, J. - (1.)The challenge in the present appeal is to an order passed by the Division Bench of the Calcutta High Court on 23rd December, 2019 whereby an appeal against the order passed by the learned Single Judge on 22nd July, 2019 was dismissed.
(2.)The appellant had sought admission to the five-year law course offered by the West Bengal National University of Juridical Sciences[1] on the basis of the amendment in the West Bengal National University of Juridical Sciences Act, 1999[2] vide the Amending Act which came into force on 21st May, 2019. Such Amending Act inter alia provided for reservation of seats for students domiciled in the State of West Bengal to the extent of at least thirty percent of the total intake of the University. The Amending Act reads as such:
"1. (1) This Act may be called The West Bengal National University of Juridical Sciences (Amendment) Act, 2018.

(2) It shall come into force at once.
2. In the West Bengal National University of Juridical Sciences Act, 1999, after section 4, the following sections shall be inserted:-
4A. (1) The tuition fees in the University shall be such as may be determined by the State Government from time to time.

(2) The University shall allow free-ship in tuition fees to at least five per centum of their total strength to the students belonging to poor and economically backward classes.

Note.- The relevant criteria for determining poor and economically backward class shall be such as may be determined by the State Government from time to time.

(3) The University shall compulsorily make provision for reservation of seats for the students domiciled in the State of West Bengal to the extent of at least thirty percent of the total intake in the University.

4B. (1) Admission of the student in the University shall be made on the basis of merit.

(2) Merit for admission in the University may be determined either on the basis of marks or grade obtained in the qualifying examination or on the basis of marks or grade obtained in a relevant entrance examination conducted by the University or by Common Entrance Test conducted at the State or National level."

[1] for short, 'University'

[2] for short, 'the Act'

(3.)An advertisement was published on 5th January 2019 by a consortium of 21 National Law Universities in the country to conduct Common Law Admission Test[3] on 12th May 2019 for which the last date of submission of application forms was 31st March 2019. The under-graduate admissions process herein provided for a choice of institution to the candidate, in which such candidate was willing to seek admission based on merit. The date of CLAT was later changed to 26th May 2019 in which the appellant participated and was ranked 731 in the All India Merit List, declared on 14th June 2019. As per the merit list and his choice, he was selected to get admission in National Law University, Odisha but admittedly, he did not join such institution.
[3] for short, 'CLAT

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