Madhya Pradesh HC Hears Plea Challenging NLSIU’s Decision to Conduct NLAT 

Must Read

Bombay High Court Passes Order To Clarify and Modify Previous Order When State of Maharashtra Moved Praecipe

Division Bench of Bombay High Court consisting of Justice S. V. Gangapurwala and Justice Shrikant D. Kulkarni had passed...

The European Court of Human Rights Orders Germany To Pay Non-Pecuniary Damages for Prison Strip-Searches 

A serving German prisoner was repeatedly stripped searched for non-legitimate purposes. The European Court of Human Rights (ECHR) found...

Lack of Independent Witness Doesn’t Vitiate Conviction: Supreme Court

A three-judge Bench of the Supreme Court in Rajesh Dhiman v State of Himachal Pradesh clarified the law in...

Madras High Court Observes Unexplained Delay in Procedural Safeguards, Quashes Detention Through Writ Petition

A Writ Petition was filed under Article 226 to issue a writ of Habeas Corpus. The petitioner P. Lakshmi,...

UK Court of Appeal Rules Home Department’s Deportation Policy of Immigrants Unlawful

Britain’s Court of Appeal quashed the Home Department’s deportation policy, declaring it unlawful; criticizing it for being too stringent...

Supreme Court Stays Order Restraining Physical Campaigns in the Madhya Pradesh Bye-Elections

On the 26th of October, a Bench was set up which comprised Justice AM Khanwilkar, Justice Dinesh Maheshwari, and...

Follow us

A CLAT aspirant has challenged the decision of the National Law School of India to hold a separate entrance exam. It is alleged that the impugned notification violates Article 14 and 21 of the Constitution.

Brief Facts

The Consortium of National Law Universities conducts the Common Law Admission Test (CLAT) every year for aspiring law students. A total of 22 National Law Universities accept the CLAT scores for the admission procedure. Including, one of the top-notch institutions National Law School of India University, Bangalore.

Owing to the pandemic, the authorities had to postpone the exam dates several times beginning from June 2020. With the relaxation of the lockdown guidelines, the Consortium is set to conduct a centre-based test on September 28, 2020. The applications for the same were closed on August 15, 2020.

However, on September 03, 2020, the National Law School of India, Bangalore announced that it would conduct its own home-based online entrance exam on September 12, 2020. The scores shall be considered for undergraduate and post-graduate courses offered by the institute.

Therefore, the petitioner has challenged the institution’s notification to be illegal, arbitrary and whimsical. 

Contents of the Plea

The petitioner has the locus standi as an aggrieved party under Article 226 of the Constitution. The plea has been filed at the Jabalpur bench of the Madhya Pradesh High Court. The plea states that the impugned notification is in violation of Clauses 15.3.3. and 15.7 of the Bye-laws of the Consortium of NLUs. The clause mandates the member-institute to admit the CLAT score and ensure meritorious admissions. Moreover, the later clause pertains to the procedure for the voluntary withdrawal of the member institution.

Further, the decision was made after the aspirants filed their applications for CLAT 2020. This violates the principle of promissory estoppel as the institute has breached the legal relationship arising out of the unequivocal promise. In addition, NLSIU is a government-funded statutory institution. Therefore, creating a class by having a differential set of procedure shall be violative of Article 14 of the Constitution. It shall infringe the petitioner’s fundamental right to take an examination in a just and fair manner.  

The plea also raises concerns for the technical requirements in a home-based test. The aspirants shall require supporting devices, operating systems, bandwidth speed of 1 MBPS, camera resolution and microphones among several other things. The requirements are arbitrary and against the doctrine of reasonableness. Moreover, aspirants residing in rural and suburban areas shall face hardships to fulfil the requirements. Hence, they shall be deprived of an equal opportunity to pursue law in one of the best law schools of the country.    

Prayer for relief

The petition seeks Madhya Pradesh High Court’s directions to quash the impugned notification and declare it to be illegal and arbitrary. The NLSIU may also be directed to follow the procedure established by the Consortium of National Law Universities. Further, the Court may also grant an ad-interim stay on the operation of the notification until the Court resolves the matter.   


Libertatem.in is now on Telegram. Follow us for regular legal updates and judgments from the court. Follow us on Google News, InstagramLinkedInFacebook & Twitter. You can also subscribe to our Weekly Email Updates. You can also contribute stories like this and help us spread awareness for a better society. Submit Your Post Now.

LEAVE A REPLY

Please enter your comment!
Please enter your name here

This site uses Akismet to reduce spam. Learn how your comment data is processed.

Latest News

Bombay High Court Passes Order To Clarify and Modify Previous Order When State of Maharashtra Moved Praecipe

Division Bench of Bombay High Court consisting of Justice S. V. Gangapurwala and Justice Shrikant D. Kulkarni had passed an Order on 25th October...

The European Court of Human Rights Orders Germany To Pay Non-Pecuniary Damages for Prison Strip-Searches 

A serving German prisoner was repeatedly stripped searched for non-legitimate purposes. The European Court of Human Rights (ECHR) found that Germany had violated the...

Lack of Independent Witness Doesn’t Vitiate Conviction: Supreme Court

A three-judge Bench of the Supreme Court in Rajesh Dhiman v State of Himachal Pradesh clarified the law in case of lack of independent...

Madras High Court Observes Unexplained Delay in Procedural Safeguards, Quashes Detention Through Writ Petition

A Writ Petition was filed under Article 226 to issue a writ of Habeas Corpus. The petitioner P. Lakshmi, called for records of the...

UK Court of Appeal Rules Home Department’s Deportation Policy of Immigrants Unlawful

Britain’s Court of Appeal quashed the Home Department’s deportation policy, declaring it unlawful; criticizing it for being too stringent on immigrants to comply with. Background The...

Supreme Court Stays Order Restraining Physical Campaigns in the Madhya Pradesh Bye-Elections

On the 26th of October, a Bench was set up which comprised Justice AM Khanwilkar, Justice Dinesh Maheshwari, and Justice Sanjiv Khanna. They heard...

Inordinate and Unexplained Delay in Considering Representation by Government Renders Detention Order Illegal: Madras High Court

A Petition under Article 226 of the Constitution was filed in the Madras High Court to declare the detention order of the husband of...

Supreme Court Asks Petitioner to Approach Bombay High Court in PIL for CBI Probe in Disha Salian Case

On the 26th of October 2020, the Apex Court heard the PIL praying for a CBI probe into the death of Disha Salian. The...

Privy Council Clarifies Approach To Winding up in “Deadlock” Cases in the Case of Chu v. Lau

The Judicial Committee of the Privy Council clarified several aspects of the law concerning just and equitable winding-up petitions, as well as shareholder disputes...

Madras High Court Directs Hospital To Submit Necessary Medical Reports to Authorization Committee for Approval of Kidney Transplant

A Writ Petition was filed under Article 226 to issue a Writ of Mandamus to K.G. Hospital, Coimbatore by P. Sankar & V. Sobana....

More Articles Like This

- Advertisement -