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TMI Blog2020 (9) TMI 1318X X X X Extracts X X X X X X X X Extracts X X X X ..... er No. 1. Petitioner No. 2 being Vice-Chancellor of Respondent No. 1 became the ex-officio Secretary Treasurer of the Society, his details are also mentioned in paragraph 7 of the Memorandum. A person, who has worked as Vice-chancellor of Respondent No. 1 and was also member of Consortium, which is entrusted to conduct CLAT, he is fully competent to espouse the cause of education by means of the writ petition - the objection of the Respondent that Petitioners have no locus to file the writ petition is rejected. 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? - HELD THAT:- There can be no dispute that Executive Council is the Chief Executive Body of the school and the administration, management and control of the school is vested in the Executive Council and in the administration, right to admit the students is included but the Statute has to be further looked into to find out as to whether there are any other statutory pro ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in its guidelines dated 29.04.2020 has already asked all the Universities to modify their academic calendar for the academic year 2020-21. The UGC being the body to maintain standard of education in the entire country and having contemplated for suitable amending the academic year, Doctrine of Necessity does not arise. It is concluded that being members of the Consortium Respondent No. 1 ought not to have proceeded with holding a separate test namely NLAT nor the academic year 2020-21 be required to be declared as zero-year even if the course starts in the mid of October, 2020. Whether online home proctored examination as proposed by notification dated 03.09.2020, lacks transparency, was against the very concept of fair examination and violative of the rights of the students Under Article 14 of the Constitution? - HELD THAT:- 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 o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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.) programme 2020-21 on the basis of the result of CLAT-2020. (v) The Respondent No. 3 may take decision at an early date restoring the status of Respondent No. 2 as the Secretary-Treasurer of the Consortium as well as restoring the Secretariat of the Consortium as to NLSIU, keeping in mind that scheduled exam of CLAT-2020 on 28.09.2020 is not hampered in any manner. SLP disposed off. - HON. ASHOK BHUSHAN, HON. R. SUBHASH REDDY AND HON. M.R. SHAH, JJ. For the Appellant : Mr. Nidhesh Gupta, Sr. Adv., Mr. Gopal Sankaranarayanan, Sr. Adv., Mr. P.B. Suresh, Adv., Mr. Vipin Nair, AOR, Mr. Sughosh Subramanyam, Adv., Mr. Karthik Jayashankar, Adv., Mr. Agnish Aditya, Adv., Ms. Japneet Kaur, Adv., Mr. Madhav Gupta, Adv., Ms. Pallavi Singh, Adv., Mr. Shrutanjaya Bharadwaj, Adv., Ms. Vriti Gujral, Adv., Mr. Vishal Sinha, Adv., Ms. Gayatri Verma, Adv., Mr. Nikhil Nayyar, Sr. Adv., Mr. Kush Chaturvedi, AOR, Mr. Aditya Shekhar, Adv., Ms. P ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... shed in Hyderabad in 1998 and the National University of Juridical Sciences, Kolkata (NUJS) was established in Kolkata in 1999 and National Law Institute University, Bhopal (NLIU) was established by Act No. 41 of 1997 by Madhya Pradesh Legislature. Over the course of time States enacted similar Statutes to create institutions for legal education which came to be known as National Law Universities across the country. All the National Law Universities have prescribed criteria for admission as well as syllabus structure. In the initial years all National Law Universities were conducting their own admission tests for admitting students in five years Law course. A writ petition being Writ Petition(C) No. 68 of 2006 Varun Bhagat v. Union of India came to be filed in this Court Under Article 32 of the Constitution, impleading Union of India through the Secretary, Ministry of Law, Justice and Company Affairs, Ministry of Human Resource Development through its Secretary, Bar Council of India, NLSIU, Bengalore and five other National Law Universities. The writ Petitioner prayed for a direction to the Respondent to lay down the mechanism of centralised admission process to the various Nationa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... re are 23 National Law Universities in the country. 5. Writ petition being Writ Petition (C) No. 600 of 2015 came to be filed by one Shamnad Basheer praying that an independent professional body conducting CLAT on annual basis be constituted. This Court passed various orders in the aforesaid writ petition. On 28.11.2018 this Court passed the following order in the aforesaid writ petition: Application for intervention is dismissed as withdrawn. Shri Atmaram N.S. Nadkarni, learned Additional Solicitor General appearing on behalf of the Union of India, Ministry of Human Resource Development states that the Government has prepared a report and shall further convene a meeting of all the parties to these petitions, NTA and the Bar Council of India; seek their views and make appropriate recommendations for the holding of the examination within four weeks. List thereafter. 6. A meeting was held on 10.12.2018 by Secretary, Department of Higher Education, Government of India in compliance of the aforesaid order, the Bar Council of India who was a participant in the meeting stated that BCI as a statutory body has no objection in constitution of a Consortium of NLSIU for conducting the examina ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e also framed. Member of institution is defined in Clause 1.1.13 to the following effect: 1.1.13. Member institution means by NLU formally admitted to the membership of the Society in accordance with the Bye-Laws and having paid the Subscription Fee and signing the master list of the Member institutions maintained by the Society. 8. Clause XV dealt with membership. Bye-Laws provide that each member of the institution ensure the admission on merit assessed through CLAT. Para 15.3.3 is as follows: 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 employment or admission of women, persons with disabilities or for persons belonging to any socially and educationally backward classes of citizens and, in particular, for the Scheduled Castes and the Scheduled Tribes. 9. The Consortiu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ty meeting was held on 31.08.2020 where it was noted that CLAT 2020 was postponed from 07.09.2020 to 28.09.2020. On 03.09.2020 NLSIU, Bengaluru issued notice for admission to the five years B.A.LL.B. (Hons.) programme 2020-21 proposing to conduct NLAT test 2020 on 12.09.2020, the candidates were to attempt the examination by using a computer device at their respective locations. Paragraph 4.4.2. of the notice stated: 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 September, 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 examination. NLSIU reserves the right to cancel any candidate's examination based on misconduct or examination malpractice. 13. A press release of NLSIU for admission 2 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... regularly for the couple of years for CLAT examination. The notice dated 03.09.2020 by NLSIU came as surprise to the applicants, aggrieved by the said notice they filed writ petition in the High Court. 16. We have heard Shri Nidesh Gupta, learned Senior Counsel and Shri Gopal Sankaranarayan, learned Senior Counsel, for the Petitioners. Shri Arvind Datar, learned Senior Counsel for Respondent No. 1, Shri Sajan Poovayya, learned Senior Counsel for Respondent No. 2 and Shri P.S. Narasimha for Respondent No. 3. Shri Nikhil Nayyar, learned Senior Counsel, has appeared for Petitioner in SLP as well as in IA No. 91083 of 2020. 17. Shri Nidhesh Gupta, learned Senior Counsel for the Petitioner submits that the notification dated 03.09.2020 issued by Respondent No. 1 notifying separate admission test 'NLAT' is in breach of statutory provisions of Act, 1986. The admission notice dated 03.09.2020 issued by Respondent No. 1 relies on the meeting of the Executive Council of the University dated 12.08.2020 and 18.08.2020 as well as Faculty meeting dated 06.08.2020. It is submitted that under the Act, 1986 it is the Academic Council of NLSIU which has been empowered under the Act, 1986 wi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by University Grants Commission, Ministry of Human Resource Development and Bar Council of India. Referring to Bye-Laws of the Consortium, Shri Gupta submits that Respondent No. 1 was obliged to follow the Bye-Laws it having agreed to abide by the Rules of the Consortium. Respondent No. 1 being still continuing as member of Consortium had no authority or jurisdiction to proceed to conduct a separate test NLAT for admission for the year 2020-21. Shri Gupta submits that the reason given by Respondent No. 1 to proceed to take separate test for admission for the year 2020-21 that it was done to avoid zero year, is also not correct. It is submitted that there were ways and means to complete the teaching in all three Trimesters which is being observed by Respondent No. 1. Shri Gupta submits that the CLAT examination 2020 being scheduled for September 28, 2020 is in September 2020 itself, there was no occasion for Respondent No. 1 to rush for a separate admission. Shri Gupta further submits that in CLAT 2020, there have been more than 78,000 registrations where in NLAT there have been only about 26,000. He submits that it is inconceivable that such a large number of students who aspire f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ts admission and start its course by mid of October and there was no such insurmountable difficulty as claimed by Respondent No. 1 for hurriedly conducting the separate test. Shri Gupta submits that admission notice may be set aside and the admission in the Respondent No. 1 may also be taken on the basis of CLAT examination 2020, which is scheduled to be held on 28.09.2020. 18. Shri Gopal Sankaranarayan, learned Senior Counsel, appearing for Petitioner No. 1 submits that unilateral withdrawal from CLAT 2020 by Respondent No. 1 was not possible. The students have been preparing for CLAT 2020 in a particular method, suddenly they are told by Respondent No. 1 that now they have to appear in NLAT which is in different format. In the meeting dated 28.08.2020 of Executive Council of CLAT, there was no indication by Respondent No. 2 that in case the CLAT is postponed he will hold a separate entrance test for admission in Respondent No. 1. The notification dated 03.09.2020 suddenly comes surprising all. On 12.09.2020 Respondent No. 1 has conducted three exams and a retest on 14.09.2020. The excuse of zero year is a bogey. The zero year cannot be declared by Respondent No. 1. 19. Shri Arvin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... der the statute with Executive Council. Referring to second proviso to Section 13 of Act, 1986 Shri Datar submits that no Regulation has yet been framed regarding admission, second proviso has no application. At present there are no Regulations in place regarding admission in NLSIU hence it was not necessary to obtain prior concurrence of Academic Council for admission in NLSIU. Further Vice Chancellor has emergency powers under Clause 18(5) of Schedule to the Act, 1986, with regard to compliance with the Bye-Laws of Consortium. Shri Datar submits that Bye-Laws cannot detract or inhibit plenary statutory power conferred on the Executive Council by Act, 1986. The process for admission initiated by notice 03.09.2020 has been held in a transparent manner. Application fee for the test is limited for just Rs. 150/- (for General Category candidates) and Rs. 125/- (for SC/ST candidates) so that it was easily accessible to all students. The examination is online home proctored examination hence students do not go out for additional test centres. With a view to check malpractice, NLAT has taken extensive precautions in the form of human and AI proctoring, as also pre-exam, during-exam and p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Respondent No. 1. 21. Shri Datar submits that due to postponement of examination by Consortium of CLAT 2020 beyond 07.09.2020 the purpose of successfully conducting trimesters by Respondent No. 1 was frustrated. 22. Shri Sajan Poovayya, learned Senior Counsel appearing for Respondent No. 2 submits that Respondent No. 2 was bound by the resolution taken by Executive Council on 12.08.2020 and 18.08.2020. In the Faculty meeting dated 06.08.2020 decision was taken to choose the best option. He submits that it was a General Body of the Consortium which could have taken decision to adjourn the CLAT examination. The decision dated 28.08.2020 to postpone the examination from 07.09.2020 to 28.09.2020 was taken by Executive Committee of the Consortium which had no authority. There is no power delegated to Executive Committee to take a decision. Till 05.08.2020 the Respondent No. 2 has not done anything for separate examination. On 31.08.2020 the entire Faculty again met and decided for home-based computer test. 23. Shri P.S. Narasimha, learned Senior Counsel, appearing for Respondent No. 3, Consortium has referred to developments leading to formation of Consortium, he has also referred to t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ubmits that applicants are the students who have registered themselves for CLAT 2020 and they have challenged the notice dated 03.09.2020 in the Jharkhand High Court which writ petition has been dismissed resulting in filing of SLP(C) No. 11059 of 2020. The applicants have also filed I.A. No. 91083 of 2020 in the Writ Petition No. 1030 of 2020 and have supported the cause of the writ petition. Shri Nayyar further submits that the above applicants have also appeared in the examination held on 12.09.2020. He submits that all India tests are being conducted which has its own benefits. Shri Nayyar submits that when the decision was taken by the Consortium on 18.05.2020 to postpone the examination fixed for 21.06.2020 it was mentioned that 21 days notice will be given to the students for fixing a date. Shri Nayyar has also submitted that the test which was conducted on 12.09.2020 was neither transparent nor fair. Mock test was held only one day before. Shri Nayyar submits that there is negative marking of .25 in not answering a question which was not a condition in the CLAT. He submits that one of the reasons for Respondent to proceed to hold separate test is alleged loss of 17 crores w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... grieved in any manner. 31. The objection raised by learned Senior Counsel for the Respondent has been refuted by the learned Counsel for the Petitioners. It is submitted that the writ petition, which has been filed in a public interest is fully maintainable at the instance of the Petitioners. It is submitted that Petitioner No. 1 being parent of an aspiring law student can very well maintain the writ petition to secure the future of his ward. The Petitioner No. 2 has been the Ex-Vice Chancellor of Respondent No. 1 and was founder member of the Consortium, which was registered as society under Karnataka Societies Registration Act, 1960. It is submitted that Petitioner No. 2, who has been at the helm of affairs and has been associated with legal education has every right to espouse the cause of education and students. 32. It is true that although Petitioner No. 1 claimed to be parent of an aspiring law student but no details have been given in the writ petition or in the common rejoinder affidavit as to whether the ward of Petitioner No. 1 is applicant to CLAT, 2020. The Petitioner No. 1 in the writ petition has pleaded that he is parent of a CLAT 2020 aspirant, who also seeks to rep ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f Jharkhand at Ranchi, which writ petition was dismissed. Challenging which judgment, they have filed the aforesaid special leave petition. 34. The above five Petitioners have also filed an application I.A. No. 91083 of 2020 in Writ Petition (C) No. 1030 of 2020 to intervene in the matter, they being affected and aggrieved persons by the notice dated 03.09.2020. Those students, who are aggrieved by the admission notification dated 03.09.2020 are also before this Court, who have been represented by Shri Nikhil Nayyar, learned Senior Counsel. 35. We, thus, are of the view that issues raised have to be decided on merits rejecting the objection of Respondent No. 1 regarding locus. QUESTION No. 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? 36. As noted above, submission of Shri Nidesh Gupta, learned Senior Counsel for the Petitioners is that it is the Academic Council of Respondent No. 1, which is the statutory authority un ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ll have, in addition to all the other powers vested in it, the power to frame Regulations to provide for the administration and management of the affairs of the School: Provided that the Executive Council shall not make any Regulation affecting the status, powers or constitution of any authority of the School until such authority has been given an opportunity of expressing an opinion in writing on the proposed changes, and any opinion so expressed shall be considered by the Executive Council; 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: (a) the constitution, powers and duties of the Academic Council; (b) the authorities responsible for organising teaching in connection with the School courses and related academic programmes; (c) the withdrawal of degrees, diplomas, certificates and other academic distinctions; (d) the establishment and abolition of faculties, departments, halls and institutions; (e) the institution of fellowships, scholarships, studentships, exhibitions, medals and prizes; (f) conditions and modes of appoint ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Powers and functions of the Executive Council.- Without prejudice to Clause 5, the Executive Council shall have the following powers and functions, namely: (1) to appoint, from time to time, the Vice Chancellor, the Registrar, the Librarian, Professors, Associate Professors, Assistant Professors and other members of the teaching staff, as may be necessary, on the recommendations of the selection committee constituted by Regulations for the purpose: Provided that no action shall be taken by the Executive Council, except in cases covered by the second proviso, in regard to the number, qualifications and emoluments of teachers, otherwise than after consideration of the recommendations of the Academic Council: Provided further that it shall not be necessary to constitute any selection committee for making appointments,- (a) to any supernumerary post; or (b) to the post of professor 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 su ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sted in it, have the following powers, namely: (1) to report on any matter referred or delegated to it by the General Council or the Executive Council; (2) to make recommendations to the Executive Council with regard to the creation, abolition or classification of teaching posts in the School and the emoluments and the duties attached thereto; (3) to formulate and modify or revise schemes for the organisation of the faculties, and to assign to such faculties their respective subjects and also to report to the Executive Council as to the expediency of the abolition or sub-division of any faculty or the combination of one faculty with another; (4) to make arrangements through Regulations for the instruction and examination of 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... p a reasonable fee structure: (c) to constitute a governing body; (d) to appoint staff (teaching and non-teaching); and (e) to take action if there is dereliction of duty on the part of any employees. 46. There can be no dispute that Executive Council is the Chief Executive Body of the school and the administration, management and control of the school is vested in the Executive Council and in the administration, right to admit the students is included but the Statute has to be further looked into to find out as to whether there are any other statutory provisions 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 A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sion-making authority. Such decision-making Under Section 79(1) is not dependent upon making of Regulations Under Section 178 by the Central Commission. Therefore, functions of the Central Commission enumerated in Section 79 are separate and distinct from functions of the Central Commission Under Section 178. The former are administrative/adjudicatory function whereas the latter are legislative. 55. To regulate is an exercise which is different from making of the Regulations. However, making of 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 givin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he Act. This provision does not justify the argument that staff Regulations must be framed under it or not at all. The substance of the matter is that the Central Board has the power to frame Regulations relating to the conditions of service of the Bank's staff. If it has that power, it may exercise it either in accordance with Section 58(1) or by acting appropriately in the exercise of its general power of administration and superintendence. 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... provides subject to the provisions of this Act and the Regulations, the Academic Council shall, in addition to all other powers vested in it, have the following powers namely: XXXXXXXXXXXXXXXXXX (7) to appoint committees for admission to the School; XXXXXXXXXXXXXXXXXX (11) to make arrangements for the conduct of examinations and to fix dates for holding them; XXXXXXXXXXXXXXXXXX (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. 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 Co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hedule specifically empowers the Academic Council to appoint committees for admission to the school. Thus, the Statute contemplated admission to the school under the aegis of Academic Council. Sub-clause (7) of Clause 14 read with Sub-clause (16) of Clause 14 of Schedule clothes the Academic Council with all powers including mode and manner of admission of 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 educa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g the test and interview, the Council approved a budget allotment of an amount not exceeding Rs. 25,000.00. The Council further decided that the admission to the Ist Year LL.B. class be limited to 80 students and for LL.M. Class the admission be limited to 10 students. The application fee for admission 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 i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... est namely NLAT especially when Respondent No. 1 was proposing to hold the above test instead of admitting the students by CLAT from which common law admission test, admission in LL.B. course was being done for last more than a decade. When the Respondent No. 1 wanted to conduct NLAT 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2019. The Consortium in its various meetings took decisions to streamline conduct of Common Law Admission Test (CLAT) and for coordination and cooperation among NLUs. One of the aims and objectives of the Society as incorporated in Memorandum is to the following 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... themselves imposed obligations on them to be a part of the Consortium for a common cause. CLAT being an All India Examination for different National Law Universities has achieved its own importance and prominence 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 t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tended that by accepting the membership of Consortium, the autonomy of its members is maintained. He has referred to Bye-Law 15.3.1 which we have already extracted above. Bye-Law 15.3.1 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 I ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ansparency and merit. CET is necessary in the interest of achieving the said objectives and also for saving the student community from harassment and exploitation. 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 Respon ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r all Universities in the Country. The Academic Calendar of each University stood disrupted 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 n ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tempt the examination using a Computer 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed 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 submissions of the Petitioner that permitting of home based online test could not have ensured tr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d 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. 1 where details of technological measures taken by NLSIU for NLAT 2020 has been explained. 100. It is submitted that ex ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... HRD). 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 of the Consortium to NLSIU, Bengaluru. The governing body may take the decision keeping in mind that CLAT examination scheduled on 28.09.2020 be ..... X X X X Extracts X X X X X X X X Extracts X X X X
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