JUDGMENT :

1. This case is taken up through video conferencing.

2. The present writ petition has been preferred for quashing the notice dated 03.09.2020 (Annexure-3 to the writ petition) issued by the National Law School of India University, Bengaluru, declaring that a separate examination for admission to its Five Years B.A, LL.B. (Hons.) degree programme will be held on 12.09.2020.

3. The factual background of the case as stated in the writ petition is that the in the year 1987 the first National Law University namely, the National Law School of India University was established in Bengaluru, Karnataka (hereinafter referred as ‘NLSIU, Bengaluru’)- respondent no.1 in furtherance of second-generation reforms of legal education. Thereafter, a number of National Law Universities have been established in different States with the primary objective of providing highest standards of legal education and to make Indian legal education comparable with the most reputed international institutions of legal education. Till date 23 NLUs have been established in various states of India. A PIL being CWP No. 68 of 2006 was filed in the Supreme Court of India in the year 2006 seeking test for admission to all the NLUs and thereafter in the year 2008 seven National Law Universities signed a Memorandum of Understanding to hold Common Law Admission Test (CLAT). The first CLAT examination was conducted in the year 2008. Subsequently in 2015, a revised Memorandum of Understanding was signed by NLUs to include other seven National Law Universities within the ambit of the CLAT. In the meanwhile, a PIL was filed seeking establishment of a permanent secretariat with a permanent body to look into the conduct of CLAT and the Supreme Court of India directed the Ministry of Human Resource Development, Government of India to ensure that CLAT is conducted in a just and fair manner. Thereafter, on 17.10.2018 a permanent CLAT Secretariat was established at Bengaluru and it was decided that CLAT would be conducted by the Executive Committee of CLAT consortium. Thereafter, on 26.03.2019 the CLAT consortium was registered at Bengaluru under the Karnataka Co-operative Societies Act wherein 16 NLUs signed as founding members and consequently the CLAT Consortium became a legal entity. Subsequently, all the remaining NLUs except National Law University, Delhi joined CLAT consortium which has three permanent members namely National Law School of India University (NLSIU), Bengaluru; National Academy of Legal Studies and Research, Hyderabad; National Law Institute University, Bhopal and the Vice Chancellor of NLISU, Bengaluru is the Ex-officio Secretary of the CLAT consortium. In January, 2020, CLAT consortium opened registration for CLAT Examination 2020 fixing 31.03.2020 as initial deadline for registration which was subsequently extended to 10.07.2020. The petitioners submitted the registration forms within the prescribed period. However, due to the outbreak of Corona virus (Covid-19) Pandemic, the CLAT 2020 was not conducted on the scheduled date and was shifted from time to time and presently the said examination is scheduled to be held on 28.09.2020. In the meantime, on 03.09.2020 the NLSIU, Bengaluru came up with a notice informing inter alia that the NLSIU Bengaluru would be conducting a separate examination on 12.09.2020 for admission to its five years B.A. LL.B. (Hons) degree programme. Hence, the present writ petition.

4. Mr. Shubham Gautam, the learned counsel appearing on behalf of the petitioners submits that the act of NLSIU Bengaluru in declaring a separate examination for admission to its Five Years B.A. LL.B. (Hons) degree programme for the session 2020-21 is illegal and arbitrary, as the same has been issued in violation of Clause 15.7 of the Bye Laws of the Consortium of National Law Universities. It is submitted that the Vice Chancellor of the NALSAR, Hyderabad has expressed his dismay that while NLSIU, Bengaluru chooses to continue in the consortium, y