The constitutional amendment for providing 10 per cent reservation to EWS category in educational institutions and public recruitment was implemented on January 14
The Gujarat High Court has refused to entertain the plea filed by a law aspirant, who claimed that although he comes under the Economically Weaker Section (EWS) category, he could not avail the benefits entitled for the same for securing admission in Gujarat National Law University through Common Law Admission Test (CLAT).
The candidate claimed that he had applied for CLAT on February 21 after the state government had notified the constitutional amendment with regard to EWS quota on January 23.
He pointed out that there was no option available for availing EWS reservation quota while applying on-line for CLAT and he was forced to compete under the general category and eventually could not secure admission in the varsity.
The division bench of Justice SR Brahmbhatt and Justice AP Thaker considered the fact that the constitutional amendment for providing 10 per cent reservation to EWS category in educational institutions and public recruitment was implemented on January 14. It also took note of the fact that the state government passed a resolution on January 23 implementing the same.
“Therefore, the appellant was not wholly unjustified in contending that the institutions operating in Gujarat were under obligation to carry out the constitutional scheme and accord the benefit (to EWS category aspirants),” the bench remarked.
It, however, added that the fact remains that for availing benefits under the EWS category, the candidate needs to have the requisite certificate, which was obtained by the petitioner on May 29, three days after CLAT was held.
The court also remarked that the university had not provided any reservation for EWS category and given the time and schedule for CLAT, the same might not have been found feasible.
The bench, while rejecting the plea filed by the student, clarified that it cannot grant him any relief at this stage as it would amount to providing a “special corridor or a passage” not contained in the scheme of admission test.
EQUAL RIGHTS
The constitutional amendment for providing 10 per cent reservation to EWS category in educational institutions and public recruitment was implemented on January 14
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