Inclusivity Essentials_ Creating Accessible Websites for Nonprofits .pdf
Domicile Reservation in India
1. “Education is the most important element for
the growth and prosperity of a nation”
-Dr. A.P.J.A. Kalam
2.
3. RESEARCH QUESTIONS:
Explain the provisions laid
down in constitution?
Admission issues and case
laws?
Suggestions?
4. 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.
5. 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.
6.
7. 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.
8. 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.
9. 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.
10. 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---
11. 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.
12. 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.
13. 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.
14. 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.
15. 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.
16. 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.
17. 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.
18. 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.
19. 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).
20. 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.
