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Bar and Bench Profile picture
@barandbench
Sep 11, 2020 • 26 tweets • 11 min read • Read on X
《Cʜᴀʟʟᴇɴɢᴇ ᴛᴏ NLAT, 2020》

A Supreme Court bench led by Justice Ashok Bhushan to shortly hear a plea by former NLSIU VC , Prof Dr. R Venkata Rao, challenging the separate #lawentranceexam announced by @NLSIUofficial , NLAT after #CLAT was delayed

#SupremeCourt
#NLAT Image
Hearing to begin shortly
#ClatvsNlat
@NLSIUofficial
#NLAT2020 Image
Senior Adv Nidhesh Gupta: The decision of NLSIU to have a separate entrance is violative of the by-laws. @NLSIUofficial #NLAT2020
Senior Advocate Nidhesh Gupta: In so far as examinations are concerned, pleas look at powers and duties of academic council. Now look at the memorandum of association signed by consortium of national law universities. It was agreed that there would be a common exam
Senior Adv Gupta takes the bench through the meaning of a member institute in the consortium to prove that @NLSIUofficial is a part of the consortium.

Bye-laws have a provision regarding how a common exam will govern admissions to PG and UG law courses across all the NLUs.
Senior Adv Gupta: The decision of the consortium taken on August 10 that CLAT 2020 will be held on September 7. VC of @NLSIUofficial is a signatory.

On August 28 it was decided that CLAT 2020 would be postponed to Sept 20 due to floods and #COVID19
Senior Adv Gupta: They contend thereafter that they will hold a separate law entrance exam, NLAT 2020. They say they have a trimester system with 20 hrs academic sessions each week and delayed exams will hamper the academic year. This is what @NLSIUofficial states for NLAT
Justice Bhushan: Main question is can NLSIU hold a separate entrance not the mode.

Senior Adv Gopal Shankarnarayan appears for the petitioner.
Senior Adv Arvind Datar appears for NLSIU
Senior Adv PS Narasimha appears for the consortium
Shankarnarayanan: The executive committee took a decision regarding CLAT. Only 1/3rd of the students have registered for NLAT

Justice Bhushan: We are willing to issue notice

Senior Adv Datar: All arrangements have been made, the exam is tomorrow
Senior Adv Narasimha: A press release by the university justifies the action. The consortium will collapse this way @NLSIUofficial
Justice Bhushan: Where is it that the exam is tomorrow? It is not on record.

Senior Adv Datar: We have held two mock trials

Justice MR Shah: Question is, is this permissible? If you don't want to file a counter, we will consider your submission
Datar: @NLSIUofficial is the only one among all 22 NLUs which follow the trimester system. All others have two semester system.

Aug 12 and 18, there was emergency meeting where we said we cannot go beyond September to hold #CLAT2020
Datar: If admissions were not completed by September then the institute would have lost 16 crores by not admitting the 120 UG students and other PG students. CLAT was postponed thrice. Postponement was not ruled out in the emergency executive council meeting
@NLSIUofficial
Datar: It is only this one year. Next year we will go back to CLAT.
Justice Bhushan: You have already decided to hold the exams. Students are ready. Hold the exam, but no results can be announced till the pendency of the proceedings.

Justice Shah: NLAT result will be subjected to the court proceedings.
Senior Adv P Narasimha: All the law universities used to hold their own exam. The court considered this issue, the consortium was set up. Justice SA Bobde had looked into this problem and sought to institutionalise this.

Justice Shah: We are passing some order today
Justice Shah: Mr Narasimha, reserve your energy for the next hearing

Shankarnarayanan: West Bengal and Bihar are under lockdown tomorrow, thus students cannot take the NLAT tomorrow

Datar: The exam is online
Senior Adv Gupta: This kind of an exam at home will be a hogwash

Justice Bhushan dictates order: By this petition, the petitioner has challenged the notice dated September 3 by NLSIU for admission to the 5 year BA LLB 5 years Hons program 2020-21.
CLAT 2020 is postponed for Sept 20. it is contended that no separate law entrance can be held. Datar states the exam is tomorrow and all arrangements are made. Looking at importance of issues, respondents to file counter to the writ petition. Counter to be filed within 3 days
Let all respondents file counter within 3 days. List this petition on Sept 17.
The bench modifies the next date of hearing to Sept 16.
Justice Ashok Bhushan: NLAT may take place scheduled for tomorrow. No results shall be declared and no admissions to take place in @NLSIUofficial till the pendency of this plea.
Supreme Court three-judge bench allows @NLSIUofficial to conduct NLAT, 2020 tomorrow since all arrangements are made. However no results will be announced or admissions made till the pendency of this case. Next hearing on Sept 16

#SupremeCourtOfIndia #CLATvsNLAT Image
Supreme Court hears challenge to conduct of NLAT by NLSIU [LIVE UPDATES]

@NLSIUofficial #NLAT #CLAT2020
barandbench.com/news/litigatio…
[Breaking] Supreme Court gives NLSIU green signal to hold NLAT 2020, results to be subject to court proceedings

#SupremeCourtOfIndia #CLATvsNLAT @NLSIUofficial

barandbench.com/news/supreme-c…
Supreme Court order in the #NLAT case

SC: "NLAT may take place but neither the result shall be declared nor any admission be made consequent thereto. We make it clear that conducting of examination shall be subject to the outcome of the writ petition."

@NLSIUofficial
#clat Image

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#SupremeCourt Image
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