2020 Supreme(SC) 552

SUPREME COURT OF INDIA
ASHOK BHUSHAN, R. SUBHASH REDDY, M.R. SHAH, JJ.
RAKESH KUMAR AGARWALLA & ANR. – PETITIONERS
VERSUS
NATIONAL LAW SCHOOL OF INDIA UNIVERSITY, BENGALURU & ORS. – RESPONDENTS
Writ Petition (Civil) No. 1030 of 2020 with Special Leave Petition (C) No. 11059 of 2020
Decided on : 21-09-2020

IMPORTANT POINTS
(1) Legal education has a pivotal role in development of society and regulating inter se relations between members of society.
(2) To conduct a Common Law Admission Test (CLAT) for all Law Universities is both in national interest as well as in interest of education.
(3) Standards of education include admission to the course.

Headnote:

(A) Constitution of India – Article 32 – National Law School of India Act, 1986 – Section 13 – Admission into National Law School of India University, Bengaluru – Conducting of separate admission entrance examination called National Law Aptitude Test (NLAT) in place of CLAT – A person, who has worked as Vice-chancellor of respondent No.1-University and was also member of Consortium which is entrusted to conduct CLAT, he is fully competent to espouse cause of education by means of writ petition – Objection of respondent that petitioners have no locus to file writ petition rejected. (Para 33)

(B) National Law School of India Act, 1986 – Section 13 – Constitution of India – Article 32 – Admission into National Law School of India University, Bengaluru – Conducting of separate admission entrance examination called National Law Aptitude Test (NLAT) in place of CLAT – Executive Council is Chief Executive Body of school and administration, management and control of school is vested in Executive Council and in administration, right to admit students is included but Statute has to be further looked into to find out as to whether there are any other statutory provisions to regulate admission of students or there is any other authority of school which is vested with power to take decision regarding admission of students – Academic Council can propose regulations on mode of enrolment and admission of students also – Standards of education include admission to the course – When Academic Council has been given power of control, general regulations and is responsible for maintenance of standards of instruction, education and examination of school, its one of functions is to regulate admission of students. (Paras 46, 50, 55 and 56)

(C) National Law School of India Act, 1986 – Section 13 – Constitution of India – Article 32 – Admission into National Law School of India University, Bengaluru – Conducting of separate admission entrance examination called National Law Aptitude Test (NLAT) in place of CLAT – When Act, 1986 empower Academic Council to take decision regarding admission of students in LL.B. Course and with regard to mode and manner of conducting admission test, it was obligatory for Vice-Chancellor to have obtained recommendations of Academic Council – Respondent No. 1 was required by Statute to obtain recommendation of Academic Council before proceeding to hold NLAT by issuing admission notification dated 03.09.2020 – Admission notification dated 03.09.2020 issued by respondent No.1 could not have been issued without obtaining recommendation to this effect by Academic Council – Admission notification dated 03.09.2020 having been issued without recommendation of Academic Council is not in accordance with provisions of Act, 1986 and is unsustainable. (Paras 61 and 62)

(D) Education – Legal Education – LL.B. Course – National Law School of India University, Bangaluru from beginning shouldered leading role in conduct of CLAT – Different National Law Universities have been established by different statues and have statutory functions and obligations to achieve a common purpose and to give a boost to legal education in the Country – They have themselves imposed obligations on them to be a part of Consortium for a common cause – CLAT being an All India Examination for different National Law Universities has achieved its own importance and prominence in legal education – Steps taken by National Law Universities to form a Consortium and to cooperate with each other in conduct of CLAT is towards discharge of their public duty entrusted under different statutes – Duty to uphold its integrity lies on shoulder of each and every member – Thousands of students who aspire to have a career in law look forward to CLAT as a prestigious test and CLAT has proved its usefulness and utility in this country – Students look forward to Consortium for providing correct and fair assessment of merits of students – Even though obligations on members of Consortium under Bye-Laws are not statutory obligations but those obligations are binding on members – All members occupying significant and important status have to conduct in fair and reasonable manner to fulfill aspirations of thousands of students who look on these National Law Universities as institutions of higher learning, personality and career builders – To conduct a Common Law Admission Test for all Law Universities is both in national interest as well as in interest of education – Permitting of home based online test could not have ensured transparency, fairness and integrity of examination especially when test was to be conducted for entrance into a premier Law University of country – When something was not to be permitted, when home based online test could not have been permitted for CLAT-2020, same test can also not be permitted for NLAT-2020 – Short notice and technological requirements insisted by University deprived a large number of students to participate in the test violating their rights under Article 14 of Constitution of India – Impugned Admission Notification set aside – Directions issued. (Paras 68, 69, 70, 75, 91, 92, 95, 104 and 108)

Facts of the case:

Present writ petition filed in Public Interest under Article 32 of the Constitution of India questions admission notification dated 03.09.2020 issued by National Law School of India University, Bengaluru for conducting separate admission entrance examination, the National Law Aptitude Test (NLAT) scheduled for 12.09.2020. The petitioner seeks a direction to National Law School of India University (NLSIU) to admit students only through Common Law Admission Test, 2020(CLAT) examination scheduled to take place on 28.09.2020. The writ petition is filed by two petitioners. First petitioner is the father of a student aspiring to gain admission into five years LL.B. programme of National Law University and the petitioner No.2 is the former Vice-Chancellor of National Law School of India University, Bengaluru.

Findings of Court:

For the present case, it is not necessary for this court to enter into various materials referred to by

the petitioners and the reports and to decide as to whether malpractices were actually adopted in examination or not. Respondent No.1 being premier University, it must have taken all necessary precautions to avoid any malpractices and cheating in the examination.

Result : Writ Petition allowed