News By/Courtesy: Gopika Sasi | 18 Sep 2020 12:37pm IST

HIGHLIGHTS

  • The Supreme Court delivered its judgment on the plea challenging NLAT 2020, a separate entrance test for National Law University of India, Bangalore, on Thursday.
  • The bench was headed by Justice Ashok Bhushan, R. Subhash Reddy, and Justice MR Shah.
  • The plea challenged the decision of NLSIU to and have its separate entrance test and withdraw from the Common Law Admission Test (CLAT) 2020

The Supreme Court delivered its judgment on the plea challenging NLAT 2020, a separate entrance test for National Law University of India, Bangalore, on Thursday. The bench was headed by Justice Ashok Bhushan, R. Subhash Reddy, and Justice MR Shah who heard the arguments in the plea which was filed by Professor Dr. RV Rao who is the former Vice-Chancellor of NLSIU and a parent of a law school aspirant.

 

The plea challenged the decision of NLSIU to and have its separate entrance test and withdraw from the Common Law Admission Test (CLAT) 2020. Arvind Datar initially raised the issue of locus standi and submitted that NLAT should have been challenged by CLAT itself. He also read ou the bylaws, objectives, and functions, constitution of the governing body to the Bench. The bench had said that it is an important matter which needs to be decided. The plea has termed holding of a separate examination as “manifestly arbitrary and illegal decision”.

 

Senior Advocate Arvind Datar appeared for NLSIU, Sajan Povayya appeared for the VC, and Senior Advocates Nikhil Nayyar and PS Narsimha appeared on behalf of the petitioners and intervenors. 

 

Arvind Datar claimed that CLAT was 'deliberately' postponed that led to NLSIU deciding to hold its entrance exam. National Law School of India University decided on September 3rd that it would conduct its entrance examination for admission to undergraduate and postgraduate courses. This was due to the postponement of the CLAT exam.

 

Senior Advocate Nidhesh Gupta appearing for the petitioners said that holding a separate examination is a violation of bye-laws. Justice Bhushan pointed out that "They have removed [NLSIU] only from the office, not from the Consortium."

Datar also said that if a regulatory body has not made regulations, then the chief executive body can act. The NLSIU Act empowered the Vice-Chancellor to take actions in certain situations which can be addressed and approved later, he also pointed out.

 

 

On September 11th, the Apex Court allowed NLSIU to go forward and conduct its entrance exam NLAT 2020 scheduled to be held the next day. But the bench had also ordered for the restricted the administration from declaring the results and has stated that the result will be subject to the Court’s order.

 

 
This article does not intend to hurt the sentiments of any individual, community, sect, or religion, etcetera. This article is based purely on the author’s personal opinion and views in the exercise of the Fundamental Rights guaranteed under Article 19(1)(A) and other related laws being enforced in India for the time being.

Section Editor: Pushpit Singh | 19 Sep 2020 11:45am IST


Tags : Supreme Court, NLAT 2020, CLAT

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