IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
Consortium of National Law Universities Through its Convenor – Appellant
Versus
Avneesh Gupta (Minor) Through His Father and Natural Guardian Shri Atul Gupta – Respondent
SPECIAL APPEAL No. - 135 of 2026
Reserved on 29.04.2026 Delivered on 08.05.2026 HIGH COURT OF JUDICATURE AT ALLAHABAD SPECIAL APPEAL No. - 135 of 2026 Consortium of National Law Universities Through its Convenor …..Appellant(s)
Versus Avneesh Gupta (Minor) Through His Father and Natural Guardian Shri Atul Gupta …..Respondent(s)
Along with:-
SPECIAL APPEAL No. - 137 of 2026 Avneesh Gupta Minor …..Appellant(s)
Versus Consortium of National Law Universities …..Respondent(s)
Counsel for Appellant(s) Mr. Ashok Khare, Senior Advocate, : Mr. Avneesh Tripathi, Mr. Nishant Mishra Counsel for Respondent(s) : Mr. Nishant Mishra, Mr. Abhinav Gaur, Mr. Vibhu Rai, Mr. Ashok Khare, Senior Advocate, Mr. Avneesh Tripathi Court No. - 3 HON'BLE SAUMITRA DAYAL SINGH, J.
HON'BLE SWARUPAMA CHATURVEDI, J.
(Per: Swarupama Chaturvedi, J.)
This common order is arranged in accordance with the following index, to facilitate a systematic elucidation of the issues arising for consideration:
INDEX I. Factual Background and Course of Proceedings………. 2 i. Background Facts……………………………….. 2 ii. Filing of Special Appeals……………………….. 3 iii.Course of Proceedings…………………………... 4 II. Impugned Judgment and Findings……………………... 6 III. Submissions on behalf of the Parties…………………... 7 IV. Points for Consideration……………………………….. 8 V. Scope of Judicial Review in Academic Matters ………. 8 VI. Analysis of Questions………………………………….. 12 i. Question No. 6 Set-C…………………………... 12 ii. Question No. 9 Set-C …………………………... 14 iii. Question No. 13 Set-C…………………………. 15 VII. Discussion and Analysis ………………………………. 16 VIII. Order…………………………………………………… 19 I Factual Background and Course of Proceedings
1. Both intra-court appeals, namely Special Appeal No. 135 of 2026 and Special Appeal No. 137 of 2026, arise out of the order dated 03.02.2026 passed by the learned Single Judge in Avneesh Gupta (Minor) vs. Consortium of National Law Universities, Writ C No. 45517 of 2025. Since both appeals arise from the same order, based upon same factual background, and involve common questions of law, they are being heard and decided together by this common order.
(i) Background Facts
2. The background fact in these special appeals are not in dispute. The Consortium of National Law Universities (hereinafter referred to as ‘Consortium’) conducted the CLAT-UG 2026 examination on 07.12.2025 at various centers across the country. The examination witnessed a participation of 75,009 candidates, with attendance of 96.83%. Question paper comprised five sections, namely English Language, Current Affairs/ General Knowledge, Legal Reasoning, Logical Reasoning and Quantitative Aptitude. The original writ petitioner, Avneesh Gupta, appeared for the exam in an examination centre in Ghaziabad. It is an undisputed fact that one question came to be withdrawn and the evaluation was consequently carried out for a total of
119 marks.
3. Records demonstrate that a provisional answer key was published on 10.12.2025 inviting objections. The writ petitioner submitted objections on 11.12.2025 in respect of Question Nos. 6, 9 and 13 of Set-C, which correspond to Question Nos. 88, 91 and 95 of Set-A. The objections were examined by subject-wise Expert Committees constituted by the Consortium, which submitted reports on 13.12.2025. Thereafter, the matter was placed before the Oversight Committee, which reviewed objections, and the justification of the paper setters as well as recommendations of the Subject Expert Committees. The Oversight Committee ultimately concluded that the provisional answer key did not warrant any modification. Relying upon the said opinion, the final answer key was published on 16.12.2025 without any change.
4. Aggrieved by the result declared on the basis of the final answer key, the writ petitioner approached this Court by filing Civil Misc. Writ Petition No. 45517 of 2025 under Article 226 of the Constitution. By the judgment and order dated 03.02.2026, learned Single Judge partly allowed the writ petition and directed that for Question No. 9 of Set-C, both options
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