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2021 Supreme(SC) 870

SUPREME COURT OF INDIA
L. Nageswara Rao, Aniruddha Bose, JJ.
Prateek Phagiwala & Anr. - Appellants
Versus
Consortium Of National Law Universities & Ors. - Respondents
Writ Petition(s) (Civil) No(s). 728/2021
Decided On : 20-07-2021

Advocates appeared:
Mr. Kunal Chatterji, Advocate, Ms. Maitrayye Banerjee, Advocate, Mr. Khagesh B.Jha, Advocate, Mr. Atul Kumar, Advocate and Ms. Shikha Sharma, Advocate, for the Appellant; Mr. Atul Kumar, Advocate, for the Respondent

Points of Law : All safety measures have to be strictly followed at the examination centres for sake of the health of the candidates in taking the examination.

Headnote:

Constitution of India, 1950 - Covid-19 - National Law Universities - Counsel appearing for petitioners in writ petitions submitted that is necessary that certain precautions are taken to protect health of candidates taking examination - Submitted that is impossible for candidates to get themselves vaccinated as most of students are below years of age - Further submitted by counsel that it might be difficult at least for those students residing in areas where there is lockdown to travel to the centres to take examination.

Finding Of The Court : Examination is scheduled – Court do not deem it proper to postpone examination at this stage – However Court see force in submissions of counsel for petitioners that all safety measures have to be strictly followed at examination centres for sake of health of candidates in taking examination - Concerned authorities are directed to take all measures to protect health of examiners at the examination centre - Authorities concerned should not insist on students being vaccinated to take the examination.

Result : Petition disposed

ORDER

1. A notification was issued by the Consortium of National Law Universities on 14.06.2021 fixing date for CLAT-2021 for both Under Graduate and Post Graduate Programmes as 23.07.2021. According to the notification, it would be a pen and paper examination conducted at several centres with all Covid-19 safety protocols being observed. The candidates were advised to get themselves vaccinated. Thereafter, by a notification dated 30.06.2021 the test centres for CLAT-21 were updated.

2. These writ petitions have been filed challenging the notification dated 14.06.2021.

3. The learned counsel appearing for the petitioners in the writ petitions submitted that it is necessary that certain precautions are taken to protect the health of the candidates taking the examination.

4. It is submitted that it is impossible for the candidates to get themselves vaccinated as most of the students are below 18 years of age. It is further submitted by the learned counsel that it might be difficult, at least for those students residing in areas where there is lockdown to travel to the centres to take the examination.

5. The examination is scheduled to be held on 23.07.2021. We do not deem it proper to postpone the examination at this stage. However, we see force in the submissions of the learned counsel for the petitioners that all safety measures have to be strictly followed at the examination centres for the sake of the health of the candidates in taking the examination. The concerned authorities are directed to take all measures to protect the health of the examiners at the examination centre. The authorities concerned should not insist on the students being vaccinated to take the examination.

6. With these observations, the Writ Petitions are disposed of. Pending application(s), if any, shall also stand disposed of.

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