DEVENDRA KUMAR UPADHYAYA,J. - (1.) The petitioner, who is an applicant for admission to LL.M. Course conducted by Lucknow University (hereinafter referred to as 'University), by instituting these proceedings under Article 226 of the Constitution of India, seeks to challenge the validity of the Ordinance for Admission to LL.M. Course in so far as it provides that 80% seats shall be filled up from amongst Lucknow University Law Graduates. In effect, the petitioner challenges the institutional reservation provided to Lucknow University Law Graduates in Admission to Post Graduate Courses in Law.
(2.) Heard Shri Rishabh Kapoor, learned counsel for the petitioner, Shri S.P. Singh, learned Senior Advocate, assisted by Shri Savitra Vardhan Singh, learned counsel appearing for University and Shri Rohit Tripathi, learned counsel for certain individuals, who are also applicants seeking admission to the said course, who have been permitted to intervene in the matter. The basic premise of challenge to the impugned provision of the Ordinance permitting 80% institutional reservation is based on the law laid down by Hon'ble Supreme Court in the case of Dr. Pradeep Jain and others v. Union of India and another, reported in [(1984) 3 SCC 654], which though permits institutional reservation, however, it clearly provides that institutional reservation may be permitted only to a reasonable extent i.e. up to 50% of the total seats.
(3.) Learned counsel for the petitioner in this regard has submitted that providing institutional reservation to the extent of 80% seats for admission in LL.M. Course is not only in derogation of the aforesaid law laid down by Hon'ble Supreme Court in the case of Dr. Pradeep Jain (supra) but also runs contrary to the another subsequent judgment of Hon'ble Supreme Court rendered in the case of Saurabh Chaudri and other v. Union of India and others, reported in [(2003) 11 SCC 146], which reiterates that in educational institutions, constitutional prescription of reservation upto 50% seats should be maintained and rest should be left for open competition based on merit.;