BREAKING! NLAT 2020 Cancelled, SC directs NLSIU Bangalore to use CLAT 2020 scores for admissions

NLAT 2020 was held in multiple batches on two days and, the results were to be declared after SC's decision. Read here full judgement by SC asking NLSIU Bangalore to cooperate with CLAT Consortium. 

"The Consortium successfully conducted the CLAT for admission in the academic year 2019-20. In the academic year 2020-21 Consortium notified the schedule for admission in which 10.05.2020 was fixed for CLAT 2020 test. Due to pandemic caused by the COVID-19 virus nationwide lockdown was imposed on 23.03.2020 by the Government of India. Due to the lockdown, CLAT was required to be postponed for public health and safety reasons. The examination scheduled for 10.05.2020 was postponed. The Executive Committee of the Consortium on 29.06.2020 resolved to shift away from physical test to centre-based online test Date 22.08.2020 was fixed for the conduct of the test. However, due to a big jump/increase in COVID-19 cases and lockdown till 30.08.2020 the examination which was scheduled to be held on 22.08.2020 was postponed to 07.09.2020. The Executive Committee of the Consortium received a communication from Professor Nirmal Kanti Chakrabarti, Vice-Chancellor, NJUS, Kolkota that the West Bengal had decided to impose a complete lockdown on 07.09.2020. The Consortium met on 28.08.2020 and postponed the examination to 28.09.2020.  

Faculty meeting discussed various possible solutions. It was also noted that as the last option a separate admission procedure should be developed. A meeting of the Executive Council of NLSIU was held on l2.08.2020. In its meeting, it was resolved that if there is any further delay in CLAT examination, the Vice-Chancellor is empowered to take all necessary steps to ensure that the admission process of 2020-21 is completed in September 2020. Again in adjourned meeting of the Executive Council on 18.08.2020, the Executive Council reaffirmed resolution to empower the Vice-Chancellor and the University to conduct the independent admission process in the event CLAT is delayed further. Another Faculty meeting was held on 31.08.2020 where it was noted that CLAT 2020 was postponed from 07.09.2020 to 28.09.2020. On 03.09.2020 NLSIU, Bengaluru issued notice for admission to the five years BA LLB (Hons.) programme 2020-21 proposing to conduct NLAT test 2020 on 12.09.2020, the candidates were to attempt the examination by using a computer the device at their respective locations.  

This Court on 11.09.2020 by issuing notice directed that the examination for admission in pursuance to notification dated 04.09.2020 may take place but neither the result shall be declared nor any admission be made consequent thereto.

Thus, with regard to the procedure for admission of the students, it is Academic Council which has to take a decision. Shri Gupta further submits that NLSIU being a member of Consortium it was obliged to admit the students in NLSIU on the basis of the CLAT examination 2020. The decision to conduct a combined test for all Universities including respondent No.1 (NLSIU Bangalore) was a decision which was arrived on the direction issued by this Court in Varun Bhagat vs. UOI and after due deliberations made by University Grants Commission, Ministry of Human Resource Development and Bar Council of India. Referring to ByeLaws of the Consortium, Shri Gupta submits that respondent No.1 was obliged to follow the Bye-Laws it having agreed to abide by the rules of the Consortium. Respondent No.1 being still continuing as a member of Consortium had no authority or jurisdiction to proceed to conduct a separate test NLAT for admission for the year 2020-21. Shri Gupta submits that the reason given by respondent No.1 to proceed to take the separate test for admission for the year 2020-21 that it was done to avoid zero years, is also not correct. It is submitted that there were ways and means to complete the teaching in all three Trimesters which is being observed by respondent No.1. Shri Gupta submits that the CLAT examination 2020 being scheduled for September 28, 2020 is in September 2020 itself, there was no occasion for respondent No.1 to rush for a separate admission. Shri Gupta further submits that in CLAT 2020, there have been more than 78,000 registrations where in NLAT there
have been only about 26,000. He submits that it is inconceivable that such a large number of students who aspire from respondent No.1 would not appear. Shri Gupta further submits that the test conducted by respondent No.1 on 12.09.2020, i.e., home proctored test cannot ensure transparency, fairness and integrity."

The short notice of examination to conduct home based examination deprived a large number of marginal section of the society especially those who could not afford to have means to join in the examination from their home due to lack of technical support. The technical requirement, which was prescribed by admission notice, was not easy to fulfill by a poor student, which deprived large number of marginal students to participate."

The students have been preparing for CLAT 2020 in a particular method, suddenly they are told by respondent No.1 that now they have to appear in NLAT which is in different format.  

The CLAT examination is already fixed for 28.09.2020 which needs to be conducted on the said date without fail after following all necessary protocols for safety and health of the students and after following the Standard Operating Procedures issued by Ministry of Health and Family Welfare (MoHFW) and Ministry of Human Resource Development(MHRD). 

We have found that separate admission notice dated 03.09.2020 issued by the respondent No.1 being unsustainable. We are of the view that Status quo ante as on 05.09.2020 should be restored as early as possible i.e. by restoring the respondent No.2 as Secretary of the Consortium as well as restoring the Secretariat of the Consortium to NLSIU, Bengaluru. The
governing body may take the decision keeping in mind that CLAT examination scheduled on 28.09.2020 be smoothly held. The respondent Nos.1 and 2 are also to cooperate with the holding of CLAT scheduled to be held on 28.09.2020." 

Read full Judgement for NLAT 2020 here  

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