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2018 DIGILAW 1874 (RAJ)

Akshay Jain S/o Ajay Kumar Jain v. National University of Advanced Legal Studies Nuals Through Its Registrar

2018-09-10

VEERENDR SINGH SIRADHANA

body2018
ORDER : Complaining of loss of time and attention owing to mismanagement by respondents while conducting Common Law Admission Test (CLAT)-2018; the petitioners instituted the present writ application praying for the following reliefs: “(i) Through appropriate writ, order or direction, direct the Respondents to re-conduct the CLAT-2018 examination or provide to the petitioners with such extra marks considering the two factors vis. (I) loss of time and attention caused to the petitioners during the examination due to the mismanagement of the Respondents, and (ii) awarding of upto two hours 30 minutes to some other candidates against the prescribed time limit of two hours by the Respondents. (ii) Any other writ, order or direction to which the petitioners may be entitled to in the cirumstances of the case be issued in their favour.” Neither the petitioners nor any representative on their behalf, has put in appearance. Though the matter come up on an application (IA No. 32806/2018), with a prayer for impleadment of applicants detailed out therein as respondent No. 2 to 18; however, counsel appearing on behalf of respondent No. 1, submits that Hon’ble Apex Court of the land was seized of the identical matters involved herein and writ applications have been disposed off with certain directions. It is further contended that the entire admission process involved herein has been completed in compliance of the guidelines/directions issued by the Supreme Court while deciding Writ Petition (Civil) No. 551/2018 (Disha Panchal and Ors. Vs. Union of India the Secretary and Ors.) along with connected cases vide judgment and order dated 13th June, 2018. Heard and considered. A glance of compliance of directions issued by the Supreme Court would reflect that those directions are comprehensive and have been applied to the entire admission process including one involved herein. The Apex Court of the land further requested the High Courts to disposed off the pending matters raising challenge in respect of CLAT-2018, in the light of the directions made therein. At this juncture, it will be profitable to take note of the contents of para 12 to 15, of the judgment, which reads thus: “12. Having considered the entirety of the matter, we give following directions: (A). The exercise of applying normalization formula as suggested by Mr. V. Giri, learned Senior Advocate and revising the scores of 4690 candidates shall be completed by 15.06.2018. Having considered the entirety of the matter, we give following directions: (A). The exercise of applying normalization formula as suggested by Mr. V. Giri, learned Senior Advocate and revising the scores of 4690 candidates shall be completed by 15.06.2018. Respondent Nos.2 and 3 namely the National University of Advance Legal Studies, Kochi and Core Committee-Common Law Admission Test 2018 through its Convenor –Vice Chancellor, National University of Advance Legal Studies, Kochi shall undertake the entire exercise and complete it by 15.06.2018. (B). Upon completion of said exercise, the revised scores of 4690 candidates will be published by respondents 2 and 3 on the official website on 16.06.2018. (C). Based on such revised scores the merit list will be rearranged in terms of Para 3 of the suggestion given by the Committee. In other words, the revised position of the concerned candidate will be indicated by rank Nos.51A-51B as illustrated by the Committee. (D). The first round of counseling which began on 10.06.2018 shall go on without any impediment and if any candidate is allocated a seat, such allocation will not in any way stand adversely altered as a result of revised position granted to any of the candidates from the body of 4690 candidates. (E). If any candidate from the body of 4690 candidates is otherwise entitled, that is to say even without the benefit of revised score, to be allocated any seat, it goes without saying that such allocation will not in any way stand adversely affected. (F). In the second round of counseling the rank/merit list so prepared in terms of these directions shall be the governing list and the seats in second and subsequent rounds of counseling will be allocated on the basis of the list so revised in pursuance of these directions. (G). If a candidate, as a result of revised rank list being operative in second and subsequent round of counseling wants to secure admission in any other college of his or her choice going by his or her revised ranking, he/she shall be allowed to do so without incurring any disadvantage. In such cases, the fees if deposited in the first college shall be given due credit against the admission in the second college which the candidate may opt for as a result of revised ranking. 13. In such cases, the fees if deposited in the first college shall be given due credit against the admission in the second college which the candidate may opt for as a result of revised ranking. 13. We have dealt with the matter only from the stand point of how best to compensate the candidates who lost valuable time while undergoing test. We must record that we are not at all satisfied with the way the examination was conducted. The body which was given the task of conducting the examination was duty bound to ensure facilities of uninterrupted UPS and generator facility. The record indicates complete inadequacy on that point. We therefore direct Union of India in the Ministry of Human Resources and Development to appoint a Committee to look into the matter and take appropriate remedial measures including penal action, if any, against the body which was entrusted with the task. The committee so constituted shall also look into the aspect of having completely satisfactory arrangements in future so that no such instances are repeated or reoccur in coming years. We must also observe that the idea of entrusting the task of monitoring the conduct of entire examination to different Law Universities every year also needs to be re-visited. The agreement with the examination conducting body, which was placed on record indicates that as against the amount made over to such examination conducting body, the fees charged from the candidates are far in excess. The committee shall bestow consideration to all these aspects after having inputs from such sources as it may deem appropriate including Bar Council of India and make a detailed report to this Court within three months from today. 14. Since we have dealt with the matter and passed comprehensive directions, we request the High Courts to dispose of the pending matters raising challenge in respect of CLAT 2018, in the light of our directions. 15. All the petitions are thus disposed of. 14. Since we have dealt with the matter and passed comprehensive directions, we request the High Courts to dispose of the pending matters raising challenge in respect of CLAT 2018, in the light of our directions. 15. All the petitions are thus disposed of. We record our sincere appreciation for the efforts put in by the members of the Grievance Redressal Committee and for the assistance rendered by all the learned counsel.” In view of the above and more particularly keeping in view the observations made by Supreme Court in para 14, for disposal of the pending matters before the High Courts, in respect of challenge to CLAT-2018; instant writ proceedings stand closed in terms of para 12 of the judgment in the case of Disha Panchal & Ors. (supra).