SAHIDULLAH MUNSHI,J. - (1.) This appeal is directed against judgment and order dated 22.07.2019 passed by one of the Hon'ble Judge of this Court dismissing the writ petition. The appellant filed writ petition, inter alia, praying for an order from this Court commanding the respondent/authorities, particularly, the University and its authorities being respondent no.1, 2 and 3 to enforce and/or implement the West Bengal National Juridical Science (Amendment) Act, 2018 as notified in the Kolkata Gazette Extraordinary, on 25th May, 2019 and a further direction upon the respondent to allow the petitioner to avail the opportunity of occupying seats reserved for candidates with State domicile at the proportion of 30% of the total intake for the academic year 2019-20. In support of such prayers the petitioner has made out a case that amendment came into force on 21st May, 2019 which is prior to the date of examination held under the CLAT on 26th May, 2019 and results whereof was published on 14th June, 2019 and therefore, in view of the amendment providing for compulsory reservation of seats for domicile CLAT aspirants would be available for the petitioner. Resultantly, he should be given admission in B.A/B.Sc./LLB Honours programme in the University in question. Appellant has made out a further case that the provisional admission has been granted in respect of nine domicile candidates out of 103 and such action of the respondent no.1 is contrary to the amendment of 2018 which provides for compulsory reservation of at least 30% of the total intake of seats under the University. Mr. Dasgupta, learned advocate appearing for the appellant/petitioner submits that the petitioner appeared in the Common Law Admission Test (hereinafter referred to as 'CLAT') 2019 organized by the Consortium of the National Law Universities held on 26th May, 2019. Result of such examination was declared on 14th June, 2019.
(2.) Mr. Dasgupta drawing our attention to page 33 of the affidavit- in-reply in connection with CAN No. 7667 of 2019 filed in the appeal, submits that when the advertisement for selection test was announced certain instructions were issued by the University which contained a clause namely; "Participating National Law Universities reserve the right to change the total number of seats and break-up of seats as per their policy before the final allotment. The reservation policy is subject to change as decided by the concerned Government from time to time." And also "The allotment of seats and the offer for admission under CLAT-2019 shall be provisional and shall not create any right of admission in favour of a candidate"
(3.) Mr. Dasgupta submits that since the respondent no. 5/ issued notification for admission in the University through Common Law Admission Test, 2019 giving details of the admission process and the allocation of seats under various categories including the provisions as indicated above, the ultimate allotment of seats for the B.A/B.Sc./LLB honours course for the successful candidates in the CLAT should be made taking into consideration of the 2018 Amendment which was published in the Kolkata Gazette on 21st May, 2019. He submits that since the amendment itself made a compulsory reservation for seats for the students domicile in West Bengal and since the amendment also provided for implementation indicating "It shall come into force at once", the appellant should be given opportunity of being admitted within 30% reservation within the fold of amended provision. Certain dates are very important in this case before we go further: List of dates 05.01.2019 Notification issued inviting applications from CLAT aspirants. 21.05.2019 West Bengal National Law University of Juridical Science (amendment) Act, 2018 was published in Kolkata Gazette Extra Ordinary. 26.05.2019 CLAT examination was held. 14.06.2019 Result of the CLAT examination 2019 was published. 03.07.2019 Writ petition was affirmed.;