NLAT
NLAT
Litigation News

Illegal, arbitrary and whimsical: CLAT aspirant moves Madhya Pradesh HC challenging conduct of NLAT

The plea prays for a direction to NLSIU to follow the procedure established by the NLU Consortium for admitting students to its BA.LLB programme.

Rintu Mariam Biju

Following the challenges to the National Law Aptitude Test (NLAT 2020) filed before the Supreme Court and the Jharkhand High Court, a petition has now been filed before the Madhya Pradesh High Court challenging the conduct of the exam.

The petitioner, a CLAT aspirant, submits that he is aggrieved by the decision of the National Law School of India University (NLSIU) Bangalore to conduct a separate entrance exam in place of the Common Law Admission Test, 2020 (CLAT), which is scheduled to be conducted on September 28.

The plea states,

"Because, Respondent no. 1 being a member to consortium of the NLUs, conducting a separate NLAT examination for admission to its 5 years B.A.LLB programme for 2020-21 is illegal and arbitrary."

Furthermore, the plea contends that NLSIU's decision to hold NLAT without withdrawing from the Consortium of National Law Universities is "illegal, arbitrary and whimsical".

The plea also states that the notification issued by NLSIU on September 3, announcing its decision to conduct NLAT, is violative of Clauses 15.3.3 and 15.7 of the bylaws of the Consortium of NLUs as well as the principle of promissory estoppel.

The petitioner has further rebutted the stand taken by NLSIU that it was in a disadvantaged position as it follows a trimester system, made up of 90 days duration for every academic year. It is stated that even NLIU Bhopal follows a trimester system.

Additionally, it is stated that NLSIU, being a member of the NLU Consortium and a government-funded institute, cannot create a class and a differential procedure for the law entrance exam.

The petition also states that the decision of NLSIU to have home-based technical requirements is against the doctrine of reasonableness. This will deprive the students from rural areas to secure admissions in the best law school of the country, contends the plea.

"Majority of CLAT aspirants will face hardship to have supported devices, operating systems, maintain minimum configuration, maintain minimum bandwidth speed of 1mbps, web camera having resolution of 640*480, microphone and other requirements."

On these grounds, the plea prays for the Court to declare the September 3 notification as arbitrary and illegal. The plea also prays for a direction to NLSIU to follow the procedure established by the NLU Consortium for admitting students to its BA.LLB programme.

The petition has been filed through Advocate Somit Raizada.

Bar and Bench - Indian Legal news
www.barandbench.com