9911796707
TMI Blog2020 (9) TMI 1318X X X X Extracts X X X X X X X X Extracts X X X X ..... an, 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 writ petition. NLSIU, a premier Law Univers ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 the National Law Universities decided to hold a comm ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 in the country. Further the Consortium recognizes the autonomy of its member institutions and theref ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 having a minimum of 70 working days. The academic term ordinarily starts from 1st July to 30th September, second starts from November to February a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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. 1. 15. We may also notice very briefly facts in SLP(C) No. 11059 of 2020. SLP has been filed against the judgment dated 11.09.2020 of the High Court of Jharkhand at Ranchi in Wr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 that the notification dated 03.09.2020 not being backed by any recommendation of the Academic Council could not have been issued by the Respondent No. 1. Admission notice being not in ac ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ted 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 notice of Consortium that it is proposing to hold separate test, the decisions in the meetings of Executive Council dated 12.08.2020 and 18.08.2020 were never shared by Respondent No. 2 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... spirant 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 that NLSIU need to take all necessary steps to avoid zero year. The Executive Council in its meetings on 12.08.2020 and 18.08.2020 resolved unanimously that if there is a further delay in CLAT ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion 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 made by the Petitioner cannot be gone into and determined regarding conduct of the examination dated 12.09.2020, in proceedings Under Article 32 of the Constitution. There is no violation of Art ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... her 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 which has been achieved after long process must be preserved and facilitated the purpose for which it is established. He submits that it must rigorously demonstrate transparency and uphold the trust ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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) Whether the Respondent No. 1 being founder member of Consortium of National Law Universities, a registered society, is bound by its Bye-Laws and was obliged to admit the students for integrated B.A.LL.B. (Hons.) Programme through CLA ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 rejoinder affidavit has also been sworn by Petitioner No. 2. The Memorandum of Association of Consortium of National Law Universities, which is a registered society under Karnataka Societies Registration Act, 1960 registered on 26.03.2019 contains a list of Initial Membe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2.08.2020 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: 10. The Executive Council.- (1) The Executive Council shall be the chief executive body of the School. (2) The administration, management and control of the School and the income thereof shall be vested with the Executive Council which shall control and administer the property a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . (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 Council shall be submitted, as soon as may be, for approval, to the Chancellor and to the General Council at its next meeting, and the General Council shall have power by a resolution passed by a majority of not less than two thirds of the members present, to cancel any Regulation made by the Executive Council and such Regulations shall from the date of such resolution cease to have effect. 41. Section 18 deals with auth ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 income, in such stock, funds, shares or securities, as it may from time to time, think fit or in the purchase of immovable property in India, with the like power of varying such investments from time to time; (6) to transfer or accept transfers of any movable or immovable property on behalf of the School; (7) to enter into, vary, carry out and cancel contracts on behalf of the School and for that purpose to appoint such officers as it may think fit; (8) to provide the buildings, premises, furniture and apparat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 and marks of honour; (13) to awards stipends, scholarships, medals and prizes and to make other awards in accordance with the Regulations and such other conditions as may be attached to the awards; (14) to publish lists of prescribed or recommended text-books and to publish syllabus of the prescribed courses of study; (15) to prepare such forms and registers as are, from time to time, prescribed by Regulations; and (16) 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. 44. We having noticed the statutory provisions un ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 of students. When no Regulations have been framed and Executive Council has not proposed any Regulation or amendment therein, the embargo under second proviso is not attracted. Shri Datar further submits that the power Under Section 13 to frame Regulations is a separate and independent power. When the power is given to the Executive Council Under Section 10, he submits that even if no Regulations were framed by Executive Council Under Section 13, it can very well exercise its general power conferred by Section 10 of the Act. Shri Datar has placed reliance on judgment of this Court in PTC India Limited v. Central Electricity Regulatory Commission, (2010) 4 SCC 603. The Constitution Bench of this Court in the above case had occasion to consider various provisions o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ). 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) of Halsbury's Laws of England, 4th Edn. In paragraph 1326 it is stated that: Corporations may be either statutory or non-statutory and a fundamental distinction exists between the powers and liabilities of the two classes. Statutory corporations have such rights and can do such acts only as are authorised directly or indirectly by the statutes creating them; non-statutory corporations, speaking generally, can do everything that an ordinary individual can do unless restricted directly or indirectly by statute. Paragraph 1333 says that: The powers of a corporation created by statute are limited and circumscribed by the statutes which regulate it, and extend no further than is expressly stated therein, or is necessarily and properly required for carrying into effect the purpose ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 which are in domain of the Academic Council, thus, even though strictly second proviso of Section 13(1) is not attracted when no Regulations have been framed by the Executive Council but the object and purpose for conditioning the exercise of Regulation making power of the Executive Council cannot be lost sight. Sub-section (3) of Section 13 also contains a special provision which provides that where the Executive Council rejects 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 pending such approval of the General Council it shall have effect from such date as may be specified in that order. Thus, Academic Cou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h 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 powers and functions of the Executive Council as given in Clause 9. The powers given to the Executive Council under Clause 9 can be divided in three parts (i) Sub-clauses (1), (2), (3) & (9) relates to appointment and service conditions; (ii) Sub-clauses (4), (5), (6), (7) & (8) relating to finance and properties and (iii) other contains Clauses (10), (11) and (12). Clause (11) empowers the Executive Council to select a common seal for the school and Sub-clause (12) is a general power providing that Executive Council to exercise such other powers and to perform such other duties as may be imposed. 54. We are left with only Clause i.e. Sub-clause (10) which is to the following effect: to appoint examiners and moderators, and if necessary to remove them and fix their fees, emoluments and travelling and other allowances after consulting the Academic Council. 55. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... id 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 the Academic Council has been given power of control, general Regulations and is responsible for maintenance of standards of instruction, education and examination of the school, its one of the functions, undoubtedly is to regulate the admission of students. Reading of Section 11 with Section 18 and Clause 14 of the Schedule clearly provides for role of Academic Council in the admission of students. 57. At this stage, we may also refer to the meeting of the Executive Council dated 29.08.1987 and 30.08.1987 relied by Shri Arvind Datar, learned Senior Counsel for the Respondent No. 1. The proceedings have been brought on the record alongwith the counter affidavit of Respondent No. 1. Item No. 16 of the meeting dealt with selection of students. It is relevant to extract the item No. 16 of the proceedings which is to the following effect: Item No. 16 Selection of Students The draft ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... arding 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 Council who is empowered under the statute to take a resolution regarding admission of the students in the LL.B. Course. 59. The authorities of the University exercise powers and functions as entrusted to them in the Statute. This Court in Marathwada University v. Seshrao Balwant Rao Chavan, (1989) 3 SCC 132 while considering the provisions of Marathwada University Act, 1974, the power of Vice-Chancellor and those of the Executive Council held that when a Statute prescribes a particular body to exercise a power, it must be exercised only by that body. In paragraph 20, following was laid down by this Court: 20. Counsel for the Appellant argued that the express power of the Vice-Chancellor to regulate the work and conduct of officers of the University implies as well, the power to take disciplinary action against officers. We are unable to agree with this contention. Firstly, the power to regulate the work and cond ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ent 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 Academic Council to take decision regarding admission of the students in LL.B. Course and with regard to mode and manner of conducting the admission test, it was obligatory for the Vice-Chancellor to have obtained the recommendations of the Academic Council. The Vice-Chancellor himself is the Chairman of the Academic Council and there was no difficulty and with regard to meetings of the Academic Council Clause 15 Sub-clause (6) provides that if urgent action by the Academic Council becomes necessary, the Chairman of the Academic Council is empowered to permit the business to be transacted by circulation of papers to the members of the Academic Council. 62. We, thus, are of the considered opinion that Respondent No. 1 was required by the Statute to obtain recommendation of Academic Council before proceeding to hold NLAT by issuing admission notification dated 03.09.2020. We, thus, in view of the forgoing discussions, hold that admissio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... iety. 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 ex-officio Secretary Treasurer of the society. Bye-law 15 deals with "Membership" whereas bye-law 15.3 contains heading "Requirement of Membership". Bye-Laws 15.3.1 and 15.3.3 which are relevant are as follows: 15.3.1. The obligation of membership is to ensure that the Member institution reflects the core values and standards set by the Consortium according appropriate respect for the autonomy of its Member institution. ............ ............... .................. ............... 15.3.3. In order that appropriate intellectual rigor may be maintained, a Member institution shall ensure that admission to every academic course or programme of study in each Member institution shall be based on merit assessed through a transparent and reasonable evaluation namely CLAT operated by the Society, prior to admitting any student. Provided that nothing in this provision shall be deemed to prevent a Member institution from making special provisions for the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ut 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 who look on these National Law Universities as institutions of higher learning, personality and career builders. Further the statutes under which National Law Universities have been established cast public duties on these NLUs to function in a fair, reasonable and transparent manner. These institutions of higher learning are looked by society and students with respect and great Trust. All NLUs have to conduct themselves in a manner which fulfills the cause of education and maintain the trust reposed on them. 71. Shri Datar submits that Bye-Laws are in the nature of contract between the society and its members. Shri Datar also referred to the judgment of this Court in Hyderabad Karnataka Education Society v. Registrar of Societies and Ors. (2000) 1 SCC 566. This Court in the above case had occasion to consider Karnataka Societies Registration Act, 1960, under which the Consortium has been registered. The submission was made before this Court that Bye-Laws of the society bind both the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 could not be ignored and overlooked. They have to cater to national interest first, then their interest, more so, when such conditions can be prescribed for recognition, particularly in the matter of professional education. 75. This Court in the above case has held that holding of National Eligibility cum Entrance Test is a National Interest. What was observed by this Court with regard to NEET is equally applicable to the CLAT. To conduct a Common Law Admission Test for all the Law Universities is both in the national interest as well as in the interest of the education. We have already noticed that it was on a writ petition by a student "Varun Bhagat", the idea of a Common Law Entrance Test emerged after discussion with Government of India, Law Universities, etc. and other stakeholders. It was with a lot of discussion, deliberation that the Common Law Admission Test could come into existence. We have come a long way with the Common Law Admission Test which has to be further strengthened and streamline ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tted 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 to avoid this Academic year as a 'Zero Year'. He submits that insofar as next academic year the Respondent No. 1 shall admit students on the basis of result of CLAT. Shri Datar has referred to the unique system of trimester which is operating in the Respondent No. 1 University. Shri Datar has further submitted that unless the Under-Graduate law course was not started by 18.09.2020, Respondent No. 1 would not have been able to complete its trimester. 78. In the counter affidavit filed by the Respondent No. 1, details of the Trimester is given and proceeding of Academic Council dated 12.12.1987 has been brought on record as Annexure-R-1/2 in which Academic Council has taken the decision on academic terms in following manner: (b) Academic Terms: Each Academic year be divided into 3 Academic terms each with a minimum of 70 working days. This academic term be called a Trimester. Thus the 5-year B.A.LL.B. (Hons.) Programme will have 15 Trimesters. It is suggested that the Academic year may begin from 1st July and the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... session 2020-21. The Universities are not powerless to modify their Academic Calendar looking to the pandemic. The Academic year 2020-21 is not a normal academic year in which Universities are expected to carry on their teaching and other activities in normal mode and manner. The Respondent No. 1 University could have very well found out ways and means to start the academic Under-Graduate Law course even if it starts in mid of October 2020 after conduct of the CLAT on 28.09.2020. 84. The counter affidavit filed by the Respondent No. 3, has suggested various alternatives to be adopted by the Universities to modify their academic year in paragraph 51 and 52. It is suffice to observe that it is for the Respondent No. 1 to take appropriate decision in the above regard. 85. We may also notice one more submission of Mr. Datar at this stage. Shri Datar submits that holding of separate exam has become a sheer necessity and not with the intention to violate the Consortium Bye-Laws. He reiterated his submissions that to avoid the academic year 2020-21 to be declared as 'zero year', the Respondent No. 1 proceeded with a separate exam. 86. We are not persuaded to accept the submiss ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nor permitted in the NLAT 2020. 2. Operating System: Window 7 or above (Windows 10 recommended) (Examination system will not run on any other operating systems, such as Mac OS, Linux, etc.) 3. Minimum Configuration: Processor: Core 2 Duo and above; Processor speed: 1.5 GHz and above; RAM: Minimum 1 GB. 4. Browser: Google Chrome (84.0.4147.135 or later) only. Click here to download the latest version of Google Chrome. 5. The user account must have administrator privileges to install required applications. 6. Pop-up blockers on the web browser must be disabled. 7. Java Script must be enabled. 8. Antivirus must be disabled. 9. Minimum Internet Bandwidth: 1 Mbps minimum; the remote proctoring software streams exam data, including audio and video, directly to the cloud as you take the NLAT 2020. In order to allow the continuous transfer of exam data, the specified minimum connection speed must be maintained at all times... 89. In pursuance of notice dated 03.09.2020, 24,603 Candidates have applied and only 23,225 have appeared in the test. For CLAT 2020, above 69,000 students have registered for Under-Graduate law course. 90. The first leg of challenge which has been r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Petitioner that permitting of home based online test could not have ensured transparency, fairness and integrity of the examination especially when the test was to be conducted for entrance into a premier Law University of the country. 93. We may notice another submission of the Petitioners in this regard. Petitioners' case is that due to a short period of notice to apply and due to technological requirement, a large number of students especially belonging to marginalised Sections of the society were unable to apply within the time allowed by NLAT. The requirement of fulfilling technological support as envisaged by NLAT as noticed above could not have easily been procured by a large number of students. 94. In the proceeding of the faculty meeting dated 06.08.2020 brought on record by the Respondent No. 1 along with his counter affidavit as Annexure-R-1/10, it has been mentioned that "NSLIU is the first preference for more than 60 percent of CLAT applicants". About 69,000 students have registered for CLAT-2020. 60 percent of 69,000 comes to 41,400. The registration into NLAT being only 24,603 out of which only 23,225 could appear makes it clear that a large number of stud ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... chnological measures taken by NLSIU for NLAT 2020 has been explained. 100. It is submitted that extensive technological and other measures are implemented to ensure that any candidate attempting any form of malpractices is caught and disqualified from the process either during the exam itself or after the post examination during audit and scrutiny. 101. Shri Datar submits that NLAT 2020 has made use of a combination of Artificial Intelligence and human Proctoring. It is further submitted that in order to give full effect to human and Artificial Intelligence proctoring measures available post examination, Respondent No. 1 appointed a leading audit firm to carry out an independent forensic audit and assessment of data relating to the examination and submit the report. He submits that care and precautions were taken by University for conduct of free and fair test and on the basis of some media reports and few materials brought on record, it cannot be concluded that the examination is marred by malpractices especially in proceeding Under Article 32 of the Constitution. 102. After having considered the above submission of the learned Counsel for the parties, we are of the view that f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... The governing body may take the decision keeping in mind that CLAT examination scheduled on 28.09.2020 be smoothly held. The Respondent Nos. 1 and 2 are also to cooperate with the holding of CLAT scheduled to be held on 28.09.2020. 108. In result of the foregoing discussion, we allow the writ petition in the following manner: (I) The notice for admission to the five year integrated B.A.LL.B. (Hons.) programme 2020-21 dated 03.09.2020 Annexure-P 14 as well as Press Release on NLSIU admission 2020-21 dated 04.09.2020 Annexure-P 15 are quashed. (II) The Respondent No. 3 is directed to conduct the CLAT-2020 examination on 28.09.2020 taking all precautions and care for health of the students after following the Standard Operating Procedures (SOPs) of the Ministry of Health and Family Welfare (MoHFW) and Ministry of Human Resource Development (MHRD). (III) The Respondent No. 3 shall also ensure that the entire process of declaration of the result be completed as early as possible to enable the Respondent No. 1 and other National Law Universities to start their course by the mid of October-2020. (IV) The Respondent No. 1 shall also complete the admission of B.A.LL.B. (Hons.) pro ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
