CLAT 2020
CLAT 2020
Litigation News

Conduct CLAT in local languages: Delhi HC directs BCI to consider a petition as representation

Aditi Singh

The Delhi High Court has directed the Bar Council of India (BCI) to consider as representation a petition seeking the conduction of Common Law Admission Test (CLAT), including the one which is yet to take place for 2020, in local languages. (Pratham Kaushik & Anr vs UOI & ors)

Considering that the forms for CLAT 2020 are to be deposited by June 30, a Single Judge Bench of Justice Najmi Waziri said that it would be preferable that a decision is taken by the BCI prior to that.

The petition was preferred by a CLAT aspirant and an unregistered forum of parents and students who want CLAT Exam to be conducted in Hindi language.

It is the Petitioners' concern that absence of provisions to write the exam in local languages, and not English, was hindering several eligible candidates from participating in the examination.

The Petitioners argued that CLAT's objective of providing "highest standards of legal education" and disseminating "learning and knowledge of law and legal processes" could not be accomplished without including local languages for writing the entrance examination, as well for imparting legal education.

Stating that all students had the equal right to participate in a competitive exam and receive education from the national law universities, the Petitioners contended,

"..giving primacy to English is not only unjust, unfair, improper but it is also in the teeth of Article 343 of the Constitution of India which says that Hindi is the National Language of India."

The Petitioner pointed out that the district courts functioned in the local vernacular and several medical & engineering entrances were also conducted in vernacular languages.

After considering the submissions made by the parties, the Court observed that since the BCI set the standards for admitting the students into law schools, it should take a call on the cause espoused by the Petitioners.

Accordingly, this petition shall be treated as the petitioner’s representation on which the Bar Council of India shall take a decision within three weeks and convey the same to the petitioner. However, looking at the fact that the forms for such examinations are to be deposited by 30.06.2020, it would be preferable that the Bar Council of India takes a decision prior to that, if such quick decision is feasible.
the Court ordered.

The Petition was accordingly disposed of.

The Petitioners were presented by Senior Advocates KK Rai, Ravindra Raizada with Advocates Gauraan Bhardwaj, Ashish Rai.

UOI was represented by Advocates PN Shahi, Aakanksha Kaul, Manek Singh.

BCI was represented by Advocates Preet Pal Singh, Saurabh Sharma.

Read the Order:

Pratham Kaushik & Anr vs UOI & ors.pdf
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