MOOT PROPOSITION- 1st Prof.

Christof Heyns India School Moot Court

Competition, 2023.

1. Vidyasthali is a non-governmental organisation that manages an educational

coaching centre at Gurukṣetra, a city in the administrative limits of the state of
Himāgirī. The coaching centre of Vidyasthali selects 25 students each from the
streams of science, Commerce, Humanities and Vocational training, and coaches
them for the National and State entrance examinations for admission to prestigious
Higher Education Institution.
2. These students typically come from families with limited financial capabilities, and
stay at Vidyasthali Hostel for two years. Vidyasthali provides free coaching to these
students, and also takes care of their hostel, living expenses, and preparation for
class XI and XII examinations. The students of Vidyasthali appear for the class XII
board exams at Gurukṣetra itself.
3. Most of the students at Vidyasthali come from the state of Himāgirī, the Union
Territory of Jambū-Khanḍa (J&K) and from Dhola—the national capital of Indra.
They join Vidyasthali after clearing their class X board exams, generally from their
respective states.
4. Rāṣṭrīya Vidhi Viśvavidyālaya (RVV), Dhola, is a University established through
an Act of Dhola Legislative Assembly in the year 2004. The State Government of
Dhola provided a 40-acre land to the University, and the Union Government of Indra
further provided a 20-acre land, adjacent to the land provided by the State
Government of Dhola. The Campus of the University was inaugurated by the
President of Indra in 2007; and the first batch of students was admitted in the same
year.
5. Over the years, RVV Dhola evolved as an institution of National importance, with
the best of Students and Professors joining the institute from all over the country
(Indra), and producing high-standard research. With the Chief Justice of the
Supreme Court of Indra as the ex-officio Visitor of the University, and the Chief
Justice of the High Court of Dhola as the ex-officio Chancellor of the University;
the Professors and Researchers of RVV Dhola have often been appointed as amicus-
curiae in several cases by the Supreme Court as well as by the High Courts of Dhola,
Himāgirī, Jambū-Khanḍa (J&K), and Uttararājya.
6. Rāṣṭrīya Vidhi Viśvavidyālaya, Dhola incurs an operational cost of around Rs. 25
Crore per annum. The Government of Dhola extends funds to the tune of
approximately Rs. 60 Lakh per annum to RVV; while the major portion of expenses
are met through the funds received by providing study-reports for research projects,
fees collected from the students, interest on the savings of the University and some
funding from the Union Government of Indra.
7. There are total 25 RVVs in Indra, all having been created by the legislations passed
by the State Legislative Assemblies of the respective states where they are situated.
The Rāṣṭrīya Law Admission Test (RLAT) is conducted annually by a body called
‘Consortium of RVVs’, under the supervision of one of these RVVs in rotation. The
students for, inter-alia, the B.A.LL.B (H) course are inducted through RLAT itself.
8. The Consortium of RVVs, vide a circular dated 10th January, 2023, notified the date
for RLAT, 2023. This notification mentioned 15th July, 2023 as the date of the
national test (RLAT), and 2nd April, 2023 as the last date for applications for the
same. A matrix of number of seats at each RVV, along with the percentage of seats
reserved under various categories, were also mentioned. The notification also stated
that the RLAT, 2023 would be conducted under the supervision of RVV Dhola.
9. On 5th March, 2023, the State Government of Dhola announced an additional
funding of Rs. 40 Lakh per annum to RVV Dhola for all subsequent academic
sessions, starting from the academic session of 2023-24. The Government also
indicated a likely ‘Academic Promotion Package’ of Rs. 10+ Crore in the years to
come.
10. The RVV Dhola, vide an Administrative Order dated 10th March, 2023, introduced
a Horizontal reservation of 55% for the candidates who have cleared their class X
and class XII board exams from a school situated in the administrative limits of
Dhola.
11. In 2023, another RVV vis. RVV Kalyānapuri (a similarly constituted RVV) had
introduced a similar reservation for the candidates from the state of Vijaynagara.
This move was approved by a general body meeting of the ‘Consortium of RVVs’
prior to being notified by RVV Kalyānapuri, and the same was also mentioned in
the matrix of seats in the prospectus of RLAT, 2023. This 55% domicile reservation
introduced by RVV Kalyānapuri was challenged by a student group ‘Young Legal
Leaders’ in the High Court of Vijaynagara. The matter is still sub-judice.
12. Unlike RVV Kalyānapuri, the RVV Dhola did not discuss the proposed reservation
during the general body of meeting of the ‘Consortium of RVVs’ and this
reservation was not even mentioned in the prospectus and notification for RLAT,
2023. University representatives of several RVVs, being upset with this move by
RVV Dhola, expressed their dissatisfaction through mainstream as well as social
media.
13. A notification was issued under the letter-head of ‘Consortium of RVVs’ and signed
by the representative of RVV Dhola on 24th March, 2023, extending the deadline
for application for RLAT, 2023 by fifteen days. The notification also mentioned the
domicile reservation introduced by RVV Dhola vide notification dated 10th March,
2023, and in the light of the change in seat matrix, allowed the students to apply for
withdrawal of their application and refund of their application fee, if the students
wish to, within fifteen days.
14. Vidyasthali filed a Writ Petition under Article 226 of the Constitution of Indra
before the High Court of Dhola, challenging the validity of the order dated 10th
March, 2023 issued by the RVV Dhola. The petition, inter alia, argued that RVVs
have acquired National character, and any reservation based on regional domicile
would dilute this character. Moreover, since many students at Vidyasthali are
originally the residents of Dhola, and have also passed their class X exams from
schools in Dhola; they would still not be able to apply under the domicile quota as
they have appeared for class XII board exams in Gurukṣetra. Since the board exams
were being held at the same time when the impugned notifications were issued by
the Respondents, the students did not even get a chance to switch schools.
Vidyasthali further argued that the students enrolled at their coaching centre hail
from poor families; and for those wishing to study law, the RVV Dhola is the best
available law school, as there is no other RVV in the neighbouring states.
15. RVV Dhola, inter alia, stressed that they trace their creation to an Act of the State
Legislative Assembly of Dhola, and hence, they are well within their right to extend
reservation to the domiciles of the state. The land on which the Institution’s Campus
is built was procured majorly by funds collected via taxes imposed on the residents
of the state; and the State Exchequer of Dhola also incurs a burden of annual funding
to the Institution.
16. The High Court of Dhola admitted the Writ Petition filed by Vidyasthali, and listed
the matter for 4th May, 2023. The High Court refused to entertain the Application
 praying for an Interim Relief in the form of a Stay Order. Aggrieved by this,
Vidyasthali approached the Supreme Court of Indra praying for a Stay on the
notification dated 10th March, 2023, issued by RVV Dhola.
17. Other similarly placed NGOs, students and their guardians approached different
High Courts, including the High Court of Dhola, Himāgiri, Jambū Khanḍa (J&K),
and Uttararājya. The High Court of Dhola clubbed these petitions with the Writ
Petition filed by Vidyasthali.
18. The High Court of Himāgiri—in the Writ Petitions filed before it, led by one
‘Kauṭilya Takṣaśilā Institute’—asked the petitioners to withdraw their petitions and
approach an appropriate forum as RVV Dhola is situated beyond the territorial
jurisdiction of the High Court of Himāgiri. ‘Kauṭilya Takṣaśilā Institute’ approached
the Supreme Court of Indra under Article 136 of the Constitution of Indra, stressing
that the impact of the impugned orders and notifications by RVV Dhola and the
‘Consortium of RVVs’ is not limited to the territory of Dhola alone.
19. The High Courts of Jambū Khanḍa (J&K), and Uttararājya admitted the Writ
Petitions filed before them, stating that the Petitioners are prima facie the aggrieved
parties, and since they reside within the jurisdiction of the court, the High Court(s)
can adjudicate. Both the High Courts issued notice to RVV Dhola and the
‘Consortium of RVVs’.
20. In the meantime, the High Court of Vijaynagara vacated its earlier stay order against
the notification of 55% domicile reservation issued by RVV Kalyānapuri in 2023.
The petitioner in this case, ‘Young Legal Leaders’, filed an Appeal against this order
of vacation by the High Court of Vijaynagara, at the Supreme Court of Indra. The
Petitioner-Appellant also prayed that the Supreme Court may withdraw the similarly
placed cases from the respective High Courts, transfer the said cases to itself, and
decide the validity of domicile reservations at the RVVs as it involved substantial
questions of Law.
21. The Supreme Court has issued a notice to RVV Dhola, the ‘Consortium of RVVs’,
the State Government of Dhola and the Union government of Indra.
22. The Administrative Wing of the Supreme Court of Indra has listed the petitions filed
by ‘Vidyasthali’, ‘Kauṭilya Takṣaśilā Institute’ and ‘Young Legal Leaders’ on 4th
June 2023. The Supreme Court would decide upon the admission of the petitions
and appeals, the question of remanding to itself all the petitions and clubbing them;
and would also decide the matter on merits, if the petitions are admitted and clubbed.
 23. The Constitution, Legislations, Administrative Rules, Judicial Pronouncements and
Precedents, Customs, and the Demography of Indra are pari-passu with the
Constitution, Legislations, Administrative rules, Judicial Pronouncements and
Precedents, Customs, and Demography of the Republic of India.
24. Following are the broad issues that are to be contended in the Supreme Court:-
1. Whether the Special Leave Petitions against the orders of the High Courts of
Dhola, Vijaynagara and Himāgiri, filed by Vidyasthali, ‘Young Legal Leaders’,
and ‘Kauṭilya Takṣaśilā Institute’ are maintainable under Article 136 of the
Constitution of Indra?
2. Whether the Supreme Court of Indra should remand all the matters pertaining
to domicile reservations at RVVs from the respective High Courts and decide
the matter itself?
3. Whether the act of RVV Dhola extending 55% horizontal reservation to the
candidates is violative of Article 14, 15 and 21 of the Constitution of Indra?

NOTES FOR COUNSELS:-

• The Counsel for Petitioner will represent Vidyasthali, Kauṭilya Takṣaśilā Institute and
Young Legal Leaders.
• The Counsel for Respondents will represent and present arguments on behalf of RVV
Dhola, RVV Kalyanpuri, the Consortium of RVV’s, State of Dhola, Union of Indra and
others.
• Indra is a Constitutional Republic and the laws applicable in the country are pari
materia to India.

TIMELINE

1. 2004: Establishment of Rāṣṭrīya Vidhi Viśvavidyālaya (RVV), Dhola, University

through an Act of Dhola Legislative Assembly.
2. 2007: Inauguration of the campus of the University and admission of first batch of
students.
3. 2023: Introduction of 55% reservation by notification for RVV Kalyānapuri for the
candidates from the state of Vijaynagara prior to being approved by the ‘Consortium of
RVVs’.
4. 10 January, 2023: Notification of RLAT, 2023 to be conducted under the supervision
of RVV Dhola. This notification mentioned 15th July, 2023 as the date of the national
test (RLAT), and 2nd April, 2023 as the last date for applications for the same.
5. 5 March, 2023: Announcement of an additional funding of Rs. 40 Lakh per annum to
RVV Dhola from the academic session 2023-24 by the State Government of Dhola.
There was also indication of likely ‘Academic Promotion Package’ of Rs. 10+ Crore in
future.
6. 10 March, 2023: RVV Dhola, vide an Administrative Order introduced a Horizontal
reservation of 55% for the candidates who have cleared their class X and class XII
board exams from a school situated in the administrative limits of Dhola.
7. 24 March, 2023: Issuance of notification extending the deadline for application for
RLAT, 2023 by fifteen days. The notification also mentioned the domicile reservation
introduced by RVV Dhola vide notification dated 10th March, 2023; and in the light of
the change in seat matrix, allowed the students to apply for withdrawal of their
application and refund of their application fee, if the students wish to, within fifteen
days.
8. 4th May, 2023: The High Court of Dhola refused to entertain the Writ Petition by
Vidhyasthali filed under Article 226 of the Indra Constitution. The petition had
challenged the validity of the order dated 10th March, 2023 issued by RVV Dhola and
the notification issued by the ‘Consortium of RVVs’ dated 24th March, 2023 and
prayed for an Interim Relief in form of a Stay Order.
9. 4th June, 2023: The petitions filed by ‘Vidyasthali’, ‘Kauṭilya Takṣaśilā Institute’ and
‘Young Legal Leaders’ are listed before the Supreme Court of Indra to decide upon the
admission of the petitions and appeals, the question of remanding to itself all the
petitions and clubbing them; and to further decide the matter on merits, if the petitions
are admitted and clubbed.