TaxTMI 
TaxTMI 
2020 (9) TMI 1318
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....rasekhar, Adv., Mr. Rahul Unnikrishnan, Adv., Mr. Patibhanu Singh Kharola, Adv., Ms. Raksha Agrawal, Adv., Mr. Kumar Dushyant Singh, AOR, Mr. P.S. Narasimha, Sr. Adv., Mr. K. Parameshwar, AOR, Mr. M.V. Mukunda, Adv., JUDGMENT ASHOK BHUSHAN, J. 1. This writ petition filed in Public Interest Under Article 32 of the Constitution of India questions admission notification dated 03.09.2020 issued by National Law School of India University, Bengaluru for conducting separate admission entrance examination, the National Law Aptitude Test (NLAT) scheduled for 12.09.2020. The Petitioner seeks a direction to National Law School of India University (hereinafter referred to as "NLSIU") to admit students only through Common Law Admission Test, 2020 (CLAT) examination scheduled to take place on 28.09.2020. The writ petition is filed by two Petitioners. First Petitioner is the father of a student aspiring to gain admission into five years LL.B. programme of National Law University and the Petitioner No. 2 is the former Vice-Chancellor of National Law School of India University, Bengaluru. 2. We may notice certain background facts for considering the issues which have been raised in the ....
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....nd other concerned stakeholders, shall take steps to examine and evolve a scheme/policy in accordance with which a combined entrance examination could be conducted for premier National Law Universities. The Government of India convened various meetings with Directors/Vice-Chancellors and other educational functionaries. In the Writ Petition No. 68 of 2006 counter-affidavit was filed on behalf of Department of Higher Education, Ministry of Human Resource Development where detailed steps taken by the Ministry of Human Resource Development were enumerated including details of various meetings which were held with Vice-Chancellors of Law Universities in the year 2006 between September, 2006 to December, 2006. In paragraph 10 of the counter-affidavit following was stated: 10....It is expected that all the required informational notes shall be received during the course of February, 2007 and further steps shall be timely taken in order to ensure that the process of holding a Combined Admission Test for the academic session 2008-2009 is put in place as expeditiously as possible. 3. The National Law Universities entered into a Memorandum of Understanding dated 27.11.2007 where ....
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....parent and accountable institutional structure for conduct of the examination through a Consortium of NLSIU being the stakeholder in the conduct of the examination (and as agreed by the Petitioner, BCI and NLIA) was asked to take exams in transparent and robust manner". The Consortium of National Law Universities was incorporated as a registered society under the Karnataka Registration of Societies Act, 1960 on 26.03.2019. The Vice-Chancellor of the NLSIU was to be the ex-officio Secretary-Treasurer of the Consortium. The Memorandum of Understanding of Consortium of National Law Universities noticed the directions issued by this Court in Varun Bhagat v. UOI and deliberations made by the University Grants Commission, Ministry of Human Resource Development and Government of India. The main aims and objectives of the Consortium in Clause 3 of the Memorandum were inter alia: (i) To provide the highest standards of legal education to make Indian legal education comparable with the most reputed international institutions of legal education. (iii) To provide better co-ordination amongst the NLUs and other legal institutions to achieve highest standard of legal education ....
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....h 10.05.2020 was fixed for CLAT 2020 test. Due to pandemic caused by the COVID-19 virus nationwide lockdown was imposed on 23.03.2020 by the Government of India. Due to the lockdown, CLAT was required to be postponed for public health and safety reasons. The examination scheduled for 10.05.2020 was postponed. The Executive Committee of the Consortium on 29.06.2020 resolved to shift away from physical test to centre-based online test. 10. Date 22.08.2020 was fixed for conduct of the test. However, due to big jump/increase in COVID-19 cases and lockdown till 30.08.2020 the examination which was scheduled to be held on 22.08.2020 was postponed to 07.09.2020. The Executive Committee of the Consortium received a communication from Professor Nirmal Kanti Chakrabarti, Vice Chancellor, NJUS, Kolkata that the West Bengal had decided to impose a complete lockdown on 07.09.2020. The Consortium met on 28.08.2020 and postponed the examination to 28.09.2020. 11. Now, we may notice the events which took place at the end of NLSIU. The five years degree course offered by NLSIU consists of five academic years each academic year is divided into three semesters, each term called the Trimester ha....
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.... regarding separate admission test, namely, NLAT by NLSIU. This writ petition was filed in this Court on 08.09.2020 praying for following relief: i) ISSUE A WRIT OF CERTIORARI or any other appropriate writ, order or direction to quash the impugned undated Admissions Notification released on 03.09.2020, at Annexure P-14 of the present Writ Petition, issued by the Respondent No. 1; ii) ISSUE A WRIT OF CERTIORARI or any other appropriate writ, order or direction to quash the impugned Notification for Technical/System Requirements for the NLAT 2020; iii) ISSUE A WRIT OF MANDAMUS or any other appropriate writ, order or direction to direct Respondent No. 1 to admit students only through CLAT; 14. This Court on 11.09.2020 by issuing notice directed that the examination for admission in pursuance to notification dated 04.09.2020 may take place but neither the result shall be declared nor any admission be made consequent thereto. Counter-affidavits have been filed by Respondent Nos. 1, 2 and 3 to the writ petition to which a common rejoinder-affidavit has been filed on behalf of the Petitioner. A sur-rejoinder-affidavit has also been filed by the Respondent No.....
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....its that Section 13 empowers the Executive Council to frame Regulations to provide for administration and management of affairs of the School. Second proviso of which Section stipulates that except with the prior concurrence of the Academic Council, Executive Council shall not make any Regulation affecting mode of enrolment or admission of students. He submits that Respondent No. 1 before issuing the notice dated 03.09.2020 has not conducted any meeting of Academic Council nor there is any resolution or concurrence of Academic Council with regard to the mode of admission as notified on 03.09.2020. Shri Gupta refers to provisions of Act, 1986 especially Schedule to the Act in which powers and functions of the Executive Council as well as powers and duties of Academic Council have been enumerated. He submits that powers and duties of the Academic Council as enumerated in Act, 1986 specifically contains power to appoint Committees for admission to the School whereas in the duties and the functions of the Academic Council, there is no power which indicates that it is the Executive Council which shall take decision regarding mode and manner of the admission of the students. He submits t....
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....y Respondent No. 1 on 12.09.2020, i.e., home proctored test cannot ensure transparency, fairness and integrity. Shri Gupta referred to the counter-affidavit filed by Respondent No. 2 dated 25.08.2020 in Writ Petition No. 4848 of 2020 filed before Delhi High Court where writ Petitioner prayed that CLAT may be conducted as home based examination. Counter-affidavit was filed on behalf of Consortium through its Secretary, the Respondent No. 2 stating that a home based online test for around 78,000 students could not be possible the test will be completely compromised. He submits that even after taking that stand in affidavit, Respondent No. 2 proceeded to hold the NLAT 2020 as a home proctored examination. He submits that examination held on 12.09.2020, which was of 45 minutes with 40 marks was the examination conducted with lack of transparency and fairness. Large scale irregularities, malpractices were noticed in examination on 12.09.2020. Respondent No. 2 has held a retest on 14.09.2020. Respondent No. 1 itself has admitted that there have been malpractices and complaints were lodged for criminal investigation. Shri Gupta further submits that Respondent No. 2 never brought into the ....
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....ned Counsel for the Petitioner contends that writ Petitioners have no locus to file this writ petition, no details have been given with regard to ward of Petitioner No. 1 who claims to be aspirant to CLAT 2020. Petitioner No. 2 who is a former Vice-Chancellor of the Respondent No. 1 and at present Chairperson of Private Law College has no locus to challenge the admission notification dated 03.09.2020. He submits that at best it could have been Consortium which can be said to be aggrieved which has not come to the Court. It is due to inordinate delay in conducting CLAT 2020 that the Respondent No. 1 had no option except to proceed to hold a separate test to save academic year 2020 from being declared as a zero year. It is submitted that NLSIU maintains trimester system divided into three academic terms each with a minimum of 70 working days. It is submitted that unless first trimester starts from 18.09.2020, Respondent No. 1 could not complete its all the three trimesters. It is submitted that Respondent No. 1 has made bonafide efforts to convince Consortium to conduct the CLAT 2020 in a timely manner. It is submitted that Faculty of NLSIU at their meeting on 06.08.2020 resolved tha....
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....s are implemented to ensure that any candidate attempting any form of malpractice is caught and disqualified from the process, either during the examination itself or during the post-examination audit and scrutiny. While the examination is ongoing human proctors and super-proctors also received live data on the candidates and are empowered to warn candidates and even disqualify them, if they notice any form of malpractice. NLSIU has appointed a leading audit firm to carry out an independent forensic audit and assessment of the various data relating to the examination and submit a report. It is submitted that students during the examination were given different batch of question papers to Rule out any kind of malpractice. The various reports made in electronic media are not credible and cannot be a ground for proving allegation that in examination held on 12.09.2020 and 14.09.2020 any malpractices were adopted. Insofar as the allegation that the paper was leaked on 14.09.2020, it is submitted that allegation is of downloading of the papers in the last 15 minutes of the examination, which has not in any way affected integrity of examination. Shri Datar submits that the allegation mad....
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....a and Shamnad Basheer v. Union of India (supra). He submits that due to judicial interventions and considerable time and effort from all the stakeholders, the different Universities have come together to form the Consortium, whose primary objective is to conduct the Common Law Admission Test for the benefit of admissions of all its members. The Consortium and all the members of the Society ought not to be relegated to the status of a private society or club. He submits that although Universities joining the Consortium have done so voluntarily but the fact remains that statutorily set up Universities bear statutory duties, who have come together to form Consortium to achieve a statutory purpose. With the formation of the Consortium, statutory obligations of the respective Universities to regulate their admission procedure stands jointly crystallized and vested in the Consortium. In effect, the Consortium today undertakes a statutory function in furtherance of a laudable public purpose. The Bye-Laws of the Consortium is to be harmoniously read with the statutory prescriptions of the respective Universities under the State legislations. The institutional integrity of the Consortium wh....
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.... learned Counsel appearing for the Petitioner also contended that the Academic Council consists of Judges of the Supreme Court, which meetings were neither called nor convened by the Respondent No. 1. He reiterates that it is the Academic Council which was body competent to take decision regarding admission and procedure of admission. He has referred to Clauses 13 and 14 of the Schedule to Act, 1986. 27. Learned Counsel for the parties have also referred to several judgments of this Court which shall be referred to while considering the submissions of the parties. 28. We have considered the submissions of the parties and have perused the records. 29. From submissions of the learned Counsel for the parties and pleadings, following questions arise for consideration: (1) Whether the Petitioners have locus to file the writ petition? (2) Whether the admission notification dated 03.09.2020 by Respondent No. 1 could have been issued only after recommendations to that effect by the Academic Council, which is the statutory authority under the Act, 1986 for admission of the students to the five year integrated B.A.LL.B. (Hons.) Programme 2020-2021? (3) Whe....
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....o represent various such similarly placed students across the nation, who are aggrieved. In paragraph 5 of the writ petition, following has been pleaded: 5. It is quite important to note that the Petitioner No. 2 herein is a notable legal scholar whose involvement in the development of legal education in India and more particularly the Respondent No. 1 University is paramount. The Petitioner No. 2 has previously served as the Vice Chancellor of the Respondent No. 1 University and has also closely contributed to the development of CLAT. The Petitioner No. 2 with his vast experience in the academic sector, pertinently in the legal academia and even more pertinently with the Respondent No. 1 University, is aggrieved by the arbitrary conduct of the Respondent No. 1 University........ 33. Even though with regard to Petitioner No. 1, details of his ward has not been given except that Petitioner No. 1 is a parent of CLAT 2020 student but in view of the credentials of Petitioner No. 2 as noted above, we are of the view that the writ petition is fully maintainable at his instance. The affidavit in support of the writ petition has been sworn by Petitioner No. 2. A common rejoinde....
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....ch is the statutory authority under Act, 1986 to take decision regarding admission of the students in integrated B.A.LL.B. (Hons.) Programme. Shri Arvind Datar, learned Senior Counsel appearing for the Respondent No. 1 has relied on Minutes of the Executive Council dated 12.08.2020 and 18.08.2020 and contends that the Executive Council of the Respondent No. 1 is fully authorised and entitled to take a decision regarding admission of the students and the actions taken by the Vice-Chancellor in pursuance of the aforesaid decision of the Executive Council are fully valid and are in accordance with the provisions of the Act, 1986. 37. Before we enter into the respective submissions of the learned Counsel for the parties regarding above question, we may notice the provisions of the statute in the above regard. 38. National Law School of India Act, 1986 was enacted to establish and incorporate National Law School of India University at Bengalore (now Bengaluru). Under Section 8, authorities of the schools have been enumerated, which includes the Executive Council as well as the Academic Council. Section 10 deals with the Executive Council, which is to the following effect: ....
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....ls and institutions; (e) the institution of fellowships, scholarships, studentships, exhibitions, medals and prizes; (f) conditions and modes of appointment of examiners or conduct or standard of examinations or any other course of study; (g) mode of enrolment or admission of students; (h) examinations to be recognised as equivalent to school examinations. (2) The Academic Council shall have the power to propose Regulations on all the matters specified in (a) to (h) above and matters incidental and related thereto in this regard. (3) Where the Executive Council has rejected the draft of a Regulation proposed by the Academic Council, the Academic Council may appeal to the Chancellor and the Chancellor, may, by order, direct that the proposed Regulation may be laid before the next meeting of the General Council for its approval and that pending such approval of the General Council it shall have effect from such date as may be specified in that order: Provided that if the Regulation is not approved by the General Council at such meeting, it shall cease to have effect. (4) All Regulations made by the Executive Coun....
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....r of a person of high academic distinction, eminence and professional attainment invited by the Executive Council to accept the post; (2) to create administrative, ministerial and other necessary posts, to determine the number and emoluments of such posts, to specify minimum qualification for appointment to such posts and to appoint persons to such posts on such terms and conditions of service as may be prescribed by the Regulations made in this behalf, or to delegate the powers of appointments to such authority or authorities or officer or officers as the Executive Council may, from time to time, by resolution, either generally or specifically, direct; (3) to grant in accordance with the Regulations leave of absence other than casual leave to any officer of the School and to make necessary arrangements for the discharge of the functions of such officer during his absence; (4) to manage and regulate the finances, accounts, investments, property, business and all other administrative affairs of the School and for that purpose to appoint such agents, as it may think fit; (5) to invest any money belonging to the School, including any unapplied incom....
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.... persons other than those enrolled in the School; (5) to promote research within the School and to require, from time to time, reports on such research; (6) to consider proposals submitted by the faculties; (7) to appoint committees for admission to the School; (8) to recognise diplomas and degrees of other universities and institutions and to determine their equivalence in relation to the diplomas and degrees of the School; (9) to fix, subject to any conditions accepted by the General Council, the time, mode and conditions of competition for fellowships, scholarships and other prizes, and to award the same; (10) to make recommendations to the Executive Council in regard to the appointment of examiners and if necessary their removal and the fixation of their fees, emoluments and travelling and other expenses; (11) to make arrangements for the conduct of examinations and to fix dates for holding them; (12) to declare the result of the various examinations, or to appoint committees or officers to do so, and to make recommendations regarding the conferment or grant of degrees, honours, diplomas, licences, titles a....
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....visions to regulate the admission of students or there is any other authority of the school, which is vested with the power to take decision regarding admission of the students. 47. To buttress his submission, Shri Gupta has placed reliance on second proviso of Section 13 of the Act as noted above. Section 13(1) empowers the Executive Council to frame Regulations to provide for the administration and management of the affairs of the school. However, the power of Executive Council to frame Regulations is conditioned by second proviso, which is to the following effect: Provided further that except with the prior concurrence of the Academic Council, the Executive Council shall not make, amend or repeal any Regulation affecting any or all of the following matters, namely: XXXXXXXXXXXXXXXX (g) mode of enrolment or admission of students; XXXXXXXXXXXXXXX 48. Shri Datar submits that there can be no quarrel with the statutory requirement as contained in second proviso to Section 13, he, however, submits that the second proviso of Section 13 is not applicable in the present case, since no Regulations have been framed regarding enrolment or admission ....
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.... a Regulation Under Section 178 is not a precondition to the Central Commission taking any steps/measures Under Section 79(1). As stated, if there is a Regulation, then the measure Under Section 79(1) has to be in conformity with such Regulation Under Section 178............................ 49. We may notice another judgment of this Court in V.T. Khanzode and Ors. v. Reserve Bank of India and Anr., (1982) 2 SCC 7. Section 58(1) of the Reserve Bank of India Act, 1934 provided that the Central Board may, with the previous sanction of the Central Government, make Regulations consistent with this Act to provide for all matter for which provision is necessary or convenient for the purpose of giving effect to the provisions of this Act. No Regulations were framed Under Section 58(1). Argument was raised that conditions of service cannot be framed by administrative circulars but must be framed by the Regulations made Under Section 58 of the Act. Repelling the said argument, this Court laid down following in paragraph 18: 18. In support of this submission, reliance is placed by the learned Counsel on the statement of law contained in paragraphs 1326 and 1333 (pages 775 and 779)....
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..... 50. We find substance in the submission of Shri Datar that power Under Section 13 empowering the Executive Council to frame Regulations and power Under Section 10 to administer, manage and control the school are two separate powers and even though the Regulations have not been framed Under Section 13 regarding admission of the students, the Executive Council can very well exercise its power Under Section 10 to administer, manage and control the affairs of the school. However, the provisions contained in Section 13 throw considerable light on the statutory scheme. The second proviso providing for prior concurrence of the Academic Council on enumerated subjects including "mode of enrolment and admission of students" has been provided for since under the Scheme of the Statute it is the Academic Council which has been empowered to take decisions regarding mode of enrolment or admission of students, which we shall notice hereinafter. The above restriction in Regulations making power of the Executive Council has been engrafted with purpose and object. The subjects which are mentioned under second proviso where prior concurrence of the Academic Council is required are all matters whi....
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....to perform, in relation to academic matters, all such duties and to do all such acts as may be necessary for the proper carrying out of the provisions of this Act and the Regulations. 52. The above provisions in the Schedule specifically empower the Academic Council to appoint the committees for admission to the school. Admissions to the school, thus, were contemplated to be under the control of Academic Council and the appointment of committees was with the purpose to monitor and conduct the admission of the school. When the Act was enacted in 1986, no procedure was in place regarding admission and the Statute empowered the Executive Council to appoint committees for admission to the school. By virtue of Clause 14(16) with regard to appointment of committees for admission to the school, the Academic Council was to perform "all such duties and to do all such acts as may be necessary for the proper carrying out of the provisions of the Act". Thus, the above statutory provision gave all incidental power to the Academic Council in relation to the admission. 53. Now, we contrast with the power given to the Academic Council with regard to admission to the school with that of the p....
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....the students. Section 11 of the Act also needs to be referred to. Section 11 of the Act provides that Academic Council shall be the academic body of the school and shall have power of control and general Regulation of, and be responsible for the maintenance of standards of instruction, education and examination of the school. Section 11 used the three expressions namely "power of control", "general Regulation of" and "be responsible". The expressions used in the Section 11 are "maintenance of standards of instructions, education and examination of the school. It is now settled law that the standards of education include admission to the course. The Constitution Bench of this Court in Dr. Preeti Srivastava and Anr. v. State of M.P. and Ors., (1999) 7 SCC 120 held that norms of admissions can have direct impact on the standards of education. In paragraph 36, following was laid down: 36. It would not be correct to say that the norms for admission have no connection with the standard of education, or that the Rules for admission are covered only by Entry 25 of List III. Norms of admission can have a direct impact on the standards of education..................... 56. When t....
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.... test and interview may be fixed at Rs. 125.00 for LL.B. though it may be reduced to Rs. 50/- in the case of SC/ST candidates. 58. The above resolution of the Executive Council indicates that it was a draft proposal of the Academic Council regarding admission test, which was approved by the Executive Council. The next following sentence in the resolution is relevant "the procedure for admission test and the selection may be decided by the Academic Council and implemented by the Director". The Respondent No. 1 himself has brought on the record the proceedings of the meeting of the Academic Council dated 12.12.1987 as Annexure R-1/2 where the mode of selection of the students to the LL.B. Programme was provided for. Thus, the above proceedings of Executive Council and Academic Council itself make it clear that the Executive Council was of the opinion that it is the Academic Council who is statutory authority regarding mode and manner of the admission of the students in LL.B. course. The above proceedings of the Executive Council dated 29.08.1987 and Academic Council dated 12.12.1987 fully support the submission of the learned Counsel for the Petitioners that it is the Academic Cou....
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.... as online home proctored test of 45 minutes containing 40 questions which mode and manner was different from earlier prescriptions, the recommendations of Academic Council were must. The proceedings of the Executive Council meeting, which has been relied by Respondent No. 1 dated 12.08.2020, the decision of the Executive Council was to the following effect: It was resolved unanimously that if there is a further delay in CLAT, the Vice-Chancellor is empowered to take all necessary steps to ensure that the admission Process for 2020-21 is completed in September, 2020. NLSIU is authorized to run its own admission process and conduct an independent admission test if necessary if there is further postponement of the CLAT exam. 61. On 18.08.2020 the Executive Council unanimously reaffirmed its resolution taken on 12.08.2020 to empower the Vice-Chancellor and the University to conduct an independent admission process in the event that CLAT 2020 is delayed further. The resolution was empowering the Vice-Chancellor to take all necessary steps. All necessary steps have to be understood as steps which are required to be taken as per the statute. When the Act, 1986 empower the Aca....
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....ng effect: V. To administer, control and monitor the conducting of all India common entrance examination for law i.e. CLAT, for and on behalf of all the participating NLUs, and facilitate admission of students into various NLUs in the country. 64. The aims and objectives further disclosed that the Consortium aims to make the benefit of legal education of one or more NLUs to the rest of the NLUs. 65. Clause 3 deals with the governance of the society. Clause 3.3 provides that the society shall exercise powers and perform functions as enumerated therein. Clause 3.3.5 provides that the society shall organise Common Admission Test for UG, PG, Doctoral, Post-Doctoral courses for the National Law Universities across the country. Clause 3.3.6 provides that society shall provide a platform for admission to all National Law Universities in India through CLAT for UG and PG Law courses if such National Law Universities become the members of the society. 66. The President and Vice-President under the bye-laws are to be elected at the annual meeting of the governing body. As per Bye-Laws Clause 12.1, Vice-Chancellor of National Law School of India University, Bangalore shall be....
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....minence in legal education. The steps taken by National Law Universities to form a Consortium and to cooperate with each other in conduct of CLAT is towards discharge of their public duty entrusted under the different statutes. The duty to uphold its integrity lies on the shoulder of each and every member. 69. Thousands of the students who aspire to have a career in law look forward to the CLAT as a prestigious test and CLAT has proved its usefulness and utility in this country. Students look forward to the Consortium for providing correct and fair assessment of the merits of the students. The bye-laws under which members are required to admit the students in their law universities on the basis of the CLAT for UG and PG law courses are binding on the members. Bye-Laws although are non-statutory but they have been framed with the aim and object to be followed by its members. 70. Even though obligations on members of Consortium under the Bye-Laws are not statutory obligations but those obligations are binding on the members. All members occupying significant and important status have to conduct in fair and reasonable manner to fulfill the aspirations of thousands of students wh....
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....3.1 itself contemplates that the obligation of membership is to ensure that the member institution reflects core values and standards set by the Consortium according appropriate respect for the autonomy of its member institution. The autonomy of member institutions does not in any manner come in the way of holding the Common Law Admission Test (CLAT). Every institution maintains its autonomy as per the statute governing, the obligation to maintain core value of the Consortium in no manner affect the autonomy of the member university. The core values of the Consortium aim to enhance the prestige and content of legal education. Legal education has a pivotal role in the development of the society and regulating the inter se relations between the members of the society. 74. This Court had an occasion to consider the challenge to National Eligibility cum Entrance Test (NEET) for admission in Medical course in Transferred Case (Civil) No. 98 of 2012, Christian Medical College Vellore Association v. Union of India and Ors. A Pertinent observation has been made by this Court in paragraph 55 in the following words: 55...Building the nation is the main aspect of education, which ....
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....oitation. Holding of such common entrance test followed by centralized counseling or, in other words, single window system regulating admissions does not cause any dent in the right of minority unaided educational institutions to admit students of their choice. Such choice can be exercised from out of list of successful candidates prepared at the CET without altering the order of merit inter se of the students so chosen. 138. It needs to be specifically stated that having regard to the larger interest and welfare of the student community to promote merit, achieve excellence and curb malpractices, it would be permissible to regulate admissions by providing a centralized and single window procedure. Such a procedure, to a large extent, can secure grant of merit based admissions on a transparent basis. Till Regulations are framed, the admission committees can oversee admissions so as to ensure that merit is not the casualty. 77. Shri Arvind Datar, learned Counsel appearing for the Respondent No. 1 has fairly submitted that the Respondent No. 1 is still a member of Consortium and has not gone out of Consortium and NLAT conducted by it is only for the present Academic Year t....
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....rupted by Covid-19. None of the Universities have declared the year as a 'zero year'. 82. The University Grants Commission being aware of the consequences of Covid-19 Pandemic has issued guidelines on the examination in the Academic Calendar. In the guidelines dated 29.04.2020 with regard to Academic Calendar for the Session 2020-21, following has been provided: 4. Academic Calendar for the Session 2020-21 Several School Boards are yet to complete their Class XII Examinations, as of now. Examinations for the Even Semester in the universities are also getting delayed due to national lockdown. Naturally, all these things will delay the admission process in the university system for the next academic session. In order to tackle this situation, the universities may require some amendments in their academic calendar for the academic session 2020-21. 83. As provided by UGC guidelines which guidelines have been continued by subsequent guidelines dated 06.07.2020, the UGC expected the Universities to carry on some amendments in their academic calendar for the session 2020-21. The Universities are not powerless to modify their Academic Calendar looking to the....
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....ter device at their respective locations. Paragraph 4.4.2 is as follows: 4.4.2. Candidates who have submitted a valid application form will be required to appear for the NLAT. The Test shall be an online entrance examination to be held on 12.09.2020. Candidates will attempt this examination using a computer device at their respective locations. Candidates will have to ensure that they can appear for the examination on the appropriate date and time using a computer device as per the detailed specifications that will be provided, including video and audio inputs. NLSIU shall not be responsible for any connectivity issues, or failure of internet connection during the examinations. NLSIU reserves the right to cancel any candidate's examination based on misconduct or examination malpractice. 88. The notification for technological/system requirement for NLAT 2020 was issued by the University which provided following among other requirements: 1. Supported Devices: Desktop computers and laptop computers only (the use of tablets and other mobile devices, including phones shall not be supported nor permitted in the NLAT 2020. 2. Operating System: Window 7 or....
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.... coaching centres. 18. Respondent No. 1 has over several meetings discussed and assessed the feasibility of conducting CLAT-2020 through various modes including the mode suggested by the Petitioner herein. After due consideration, Respondent No. 1 has determined that an online test at home with technological measures cannot ensure transparency, fairness and the integrity of a high stakes examination process such as CLAT. 91. The Respondent No. 2 had categorically taken the stand on behalf of the CLAT that online test at home with technological measures cannot ensure transparency and the test will be completely compromised and may even be manipulated by participants and coaching centres. There was no reason for change of mind by Respondent No. 2 within a week. Affidavit was sworn on 25.08.2020 by Respondent No. 2 and on 03.09.2020 after a week, notification was issued for conducting NLAT permitting participants to join online examination sitting at their home. When something was not to be permitted, when home based online test could not have been permitted for CLAT-2020, the same test can also not be permitted for NLAT-2020. 92. We thus find substance in the submissio....
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....rue. 97. Shri Gupta highlights the various shortcomings in proctoring protocol. Shri Gupta has also referred to the Press Release dated 14.09.2020 by the Respondent No. 1 where Press Release stated "thereafter, it appears that some candidates have copied the questions and circulated this on some messaging apps and emails after logging in." Shri Gupta submits that even after noticing the aforesaid fact the Press Release further states that "while this is a malpractice under NLAT proctoring guidelines, it does not affect the integrity of the exams as questions were already available to all candidates after logging in." 98. Shri Gupta submits that if the candidates are able to send questions through messaging apps and emails obviously they could receive the answers as well. Further, Shri Gupta has referred to the Press Release dated 15.09.2020 by the Respondent No. 1 where University has stated that "some case of examination malpractices deserves criminal investigation and University has already lodged criminal complaints against some actors". 99. Shri Arvind Datar has strongly refuted the above submission and has referred to the sur-Rejoinder affidavit filed by Respondent No....
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....ing the Standard Operating Procedures issued by Ministry of Health and Family Welfare (MoHFW) and Ministry of Human Resource Development (MHRD). 106. We further notice that after the issuance of notification dated 03.09.2020 by the Respondent No. 1, the meeting of the governing body of Consortium of National Law Universities was held on 05.09.2019 where decision was reiterated to hold CLAT 2020 on 28.09.2020. The governing body further resolved to divest functions of Respondent No. 2 as Secretary and Treasurer of the Consortium with the immediate effect and in the interim period appointed Professor Faizan Mustafa, senior most member of the Consortium and past President to discharge all the administrative and secretarial functions of the Consortium. The governing body also resolved to shift the Secretariat of the Consortium to the NALSAR University, Hyderabad. 107. We have found that separate admission notice dated 03.09.2020 issued by the Respondent No. 1 being unsustainable. We are of the view that Status quo ante as on 05.09.2020 should be restored as early as possible i.e. by restoring the Respondent No. 2 as Secretary of the Consortium as well as restoring the Secretariat....