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Bar and Bench Profile picture
@barandbench
Sep 10, 2020 • 23 tweets • 20 min read • Read on X
Plea before Jharkhand HC challenging the conduct of #NLAT by NLSIU for its law school admissions this year to be taken at the end of the list today

Advocates Shubham Gautam & Baibhaw Gahlaut to appear for petitioners

Senior Advocate Sajan Poovayya to appear for NLSIU @poovayya Image
Hearing begins. Advocate Shubham Gupta making submissions for petitioners #NLSIU #NLAT @NLSIUofficial @poovayya
Counsel for petitioner taking Court through chain of events leading up to NLSIU's announcement of NLAT #NLSIU #NLAT @NLSIUofficial @poovayya
How are you prejudiced? Court asks. Counsel - Examination pattern for NLAT is different from CLAT. Only 10 days' notice given #NLSIU #NLAT @NLSIUofficial @poovayya
What do you mean by changing pattern? Is there a complete deviation which requires students to study a completely different subject? Court asks#NLSIU #NLAT @NLSIUofficial @poovayya
Why is the petition filed before Jharkhand High Court? What if students from each state file writ petitions before respective HCs? What if one HC stays the exam and another HC dismisses it? Justice Shankar asks. #NLSIU #NLAT @NLSIUofficial @poovayya
Judge miffed with lawyer leaving video conference midway. "Young lawyers must know the decorum of the Court", Justice Shankar #NLSIU #NLAT @NLSIUofficial @poovayya
NLSIU and Consortium office are situated in Karnataka. How can Jharkhand HC hear the matter? Justice Shankar asks. If a matter has pan-India ramifications, how can we adjudicate it? #NLSIU #NLAT @NLSIUofficial @poovayya
Counsel for Union informs High Court that another plea is pending before Supreme Court. When is the matter coming up? judge asks #NLSIU #NLAT @NLSIUofficial @poovayya
Senior Adv Sajan Poovayya points to another petition filed before Madhya Pradesh HC. Notice has not been issued b SC or MP HC, @poovayya points out. #NLSIU #NLAT @NLSIUofficial
It is not that the Jharkhand HC does not have jurisdiction, but it may choose not to exercise its jurisdiction on grounds of forum non conveniens, @poovayya #NLSIU #NLAT @NLSIUofficial
Forum non conveniens would come into play in this case, Jharkhand HC says. It is a difficult situation when petitions are filed in different HCs.

This is the first writ petition filed in the country, counsel for petitioner says.

@poovayya #NLSIU #NLAT @NLSIUofficial
What is these matters are not listed before SC and MP HC before exam takes place? This notification is in blatant violation of a Supreme Court order on CLAT exam, counsel for petitioner. #NLSIU #NLAT @NLSIUofficial
While NLSIU has provided option for students to appear in test centres, it has said in its notification that NLISU will not be responsible for technical faults, internet disconnection etc. There is no such centre in Jharkhand, counsel argues. #NLSIU #NLAT @NLSIUofficial
Poovayya - We have decreased the internet requirements to 512 kbps. NLSIU has made special arrangement with @idia to cater to needs of students who don't have access to computers/internet #NLSIU #NLAT @NLSIUofficial @poovayya
We have reduced the number of questions without changing the pattern. We are not testing students on aptitude of law, Poovayya.

30,298 students have already registered. Only a handful of students are raising grievances against NLAT #NLSIU #NLAT @NLSIUofficial @poovayya
Poovayya taking Court through the NLAT notification and the justification for holding a separate entrance exam #NLSIU #NLAT @NLSIUofficial @poovayya
I want to find out if students from Jharkhand will face any difficulty in writing the exam, Justice Shankar.
Arrangements will be made in case students are facing difficulties. Even lawyers are offering their offices to students who want to write the exam, Poovayya. #NLSIU #NLAT
NLSIU VC (in capacity of Secretary Treasurer of NLU Consortium) filed affidavit in Delhi HC saying that online exam would not be feasible for CLAT, counsel for petitioner argues #NLSIU #NLAT @NLSIUofficial @poovayya
Will separate exam be held only this year or every year? Court asks. Poovayya - Decision has been taken for this year. Executive Council of NLSIU will meet and decide future course of action #NLSIU #NLAT @NLSIUofficial @poovayya
The main issue is that of jurisdiction of the High Court, given the pan-India ramifications of the exam, Court posts matter for orders tomorrow. #NLSIU #NLAT @NLSIUofficial @poovayya
Jharkhand HC hears Plea challenging NLSIU's NLAT [LIVE UPDATES]
#NLAT @NLSIUofficial

barandbench.com/news/litigatio…
[BREAKING] If matter has pan-India ramifications, how can we adjudicate it? Jharkhand HC reserves orders in challenge to NLAT 2020

#nlat #NLAT @NLSIUofficial
barandbench.com/news/jharkhand…

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More from @barandbench

Bar and Bench Profile picture
Oct 22
Supreme Court resumes hearing the challenge to the Allahabad High Court verdict which struck down the UP Board of Madarsa Education Act, 2004

Sr Adv Mukul Rohatgi: the judgment goes against the principle of secularism.. it essentially helps that concept by allowing this education..

CJI DY Chandrachud: secularism essentially means to live and let live

Rohatgi: the HC has gone against it.

#Madrasas #SupremeCourtImage
CJI: are you standing by the validity of the act...

ASG KM Natraj: Yes I support the validity of the act. But since constitutionality has been struck down we want to say something. we are defending the legislation but the state did not file a SLP
ASG: when high court struck down the act, we accepted it.

CJI: but you are saying you stand by the act

ASG: yes we filed a counter.. supporting the law. we can support in legal issues

CJI: as a state you have wide powers under section 20 to ensure basic quality of education in madrasas and as the state if you find that this basic level is not followed then you can intervene and that was your stand before the HC and you said act need not be struck down

ASG: the law can be struck down if it is against fundamental rights or its foul of legislative competence. But in this case... it has to be tested only against part III of the constitution.
Read 24 tweets
Bar and Bench Profile picture
Oct 21
#SupremeCourt to shortly hear PIL by BJP leader and former Union Minister Subramanian Swamy seeking deletion of the terms "socialist" and "secular" from Preamble to the Indian Constitution Image
The plea challenges 42nd amendment Act which added terms "socialist" and "secular" to describe India in Preamble.

Plea also challenges provisions of Representation of the People Act, 1951, requiring political parties to give undertaking to uphold secularism to get registered.
Bench: Justice Sanjiv Khanna and Justice PV Sanjay Kumar Image
Read 19 tweets
Bar and Bench Profile picture
Oct 4
#SupremeCourt is hearing appeal against April 8 order of Delhi High Court recognising Central Delhi Court Bar Association as main bar body for Rouse Avenue District Court

Bench: Justice Abhay S Oka and Justice Augustine George Masih Image
Delhi HC had rejected claim of Rouse Avenue Bar Association, Delhi Rouse Avenue Court Bar Association & Rouse Avenue District Court Bar Association which had all staked their claim to be declared as recognised bar association for Rouse Avenue Court

Read: barandbench.com/news/delhi-hig…
On August 9, while issuing notice, the top court had questioned High Court for entertaining a writ petition and proceeding to recognise lawyers body

Read our report on the last hearing: barandbench.com/news/litigatio…
Read 7 tweets
Bar and Bench Profile picture
Oct 3
Appeal against Madras HC judgment which ordered police investigation into the ashram run by Sadguru, Isha Foundation

Sr Adv Mukul Rohatgi: These are issues of religious freedom. This is a very urgent and serious case. This is about Ishal foundation, there is Sadguru who is very revered and has lakhs of followers.

#Sadguru #SupremeCourtImage
SG: HC should have been very circumspect. This needs your attention

#sadguru
The plea is by Isha Foundation, led by spiritual leader Sadhguru Jaggi Vasudev, as a team of 150 police officers descended upon its Thondamuthur ashram on Tuesday.

The search, spearheaded by an Assistant Deputy Superintendent from Coimbatore, came at the directive of the Madras High Court, which requested a comprehensive report on all criminal cases tied to the foundation
Read 20 tweets
Bar and Bench Profile picture
Oct 1
Supreme Court to shortly hear case where it said it will issue guidelines for bulldozer-led demolitions and anti-encroachment drives.

#SupremeCourtOfIndia #SupremeCourt #Bulldozer Image
Sr Adv Sanjay Hegde: I am for the fruit seller in Jahangirpuri in whose matter it first reached here. I only urge that it be listed today along with this and tagged.

SC: Okay. Did you tell the other side?
Solicitor General Tushar Mehta: I am appearing for three States including Uttar Pradesh, Gujarat and Madhya Pradesh. Very dispassionately I will give my suggestions, UP has in fact shown the way.

SC: But can being criminal accused be a ground?

SG: No absolutely not. Even for heinous crimes like rape or terrorism. Like my lord said it cannot also be that notice issued stuck one day before, it has to be in advance. Town planning authorities have that provision, lordships may say written be given by registered post so this pasting business stops and it gives 10 days time from date of receipt.
Read 24 tweets
Bar and Bench Profile picture
Sep 30
#SupremeCourt hears the case of the son of a dalit daily wager who cracked IIT Dhanbad but could not get admitted since he missed fees payment deadline

CJI: we cannot allow such a young talent boy to go away. He went to jharkhand legal services authority. then he is to chennai legal services and then he is sent to high court. he is a dalit boy being made to run from pillar to post.

Authority: It was not the login at last minute. in mock interview he was told to pay. NIC sent him a SMS and IIT sent him two whatsapp chats to finish payment..

CJI: he is the son of a daily wager.. there is something called.. we know technology is good.

Adv for petitioner: daily wage is 450 rupees. task of arranging 17,500 is a big deal. he collected the money from villagers

CJI: in article 142.. there are some cases we keep the law a little asideImage
CJI: he does all the hard work to get into IIT.. if he had 17,000 why will he not pay..

Adv for authority: but he made login every day

CJI: this shows how diligent he is..
Justice Pardiwala: the seat allotment intimation slip shows that you wanted him to pay and if he did then nothing else was required.. why are you opposing so much !! thats it (to the authority)
Read 7 tweets

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