ITEM NO.4 Court 6 (Video Conferencing) SECTION PIL-W

S U P R E M E C O U R T O F I N D I A

RECORD OF PROCEEDINGS

Miscellaneous Application No.1790/2020 in W.P.(C) No(s).1030/2020

(Arising out of impugned final judgment and order dated 21-09-2020

in W.P.(C) No.1030/2020 passed by the Supreme Court Of India)

RAKESH KUMAR AGARWALLA Petitioner(s)

VERSUS

NATIONAL LAW SCHOOL OF INDIA UNIVERSITY, BENGALURU Respondent(s)

(IA No. 97489/2020 - CLARIFICATION/DIRECTION AND IA No. 97683/2020

- EXEMPTION FROM FILING AFFIDAVIT)

Date : 28-09-2020 This petition was called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE ASHOK BHUSHAN

HON'BLE MR. JUSTICE R. SUBHASH REDDY

HON'BLE MR. JUSTICE M.R. SHAH

For Petitioner(s)

Ms. Garima Prashad, AOR

Mr. Sumit Chander, Adv.

Mr. Vinay Kumar, Adv.

Mr. Abhishek Kumar, Adv.

Ms. Divya Srivastava, Adv.

Mr. P.B. Suresh, Adv.

Mr. Vipin Nair, AOR

Mr. Sughosh Subramanyam, Adv.

Mr. Karthik Jayashankar, Adv.

Mr. Agnish Aditya, Adv.

For Respondent(s)

Mr. K. Parameshwar, Adv.

UPON hearing the counsel the Court made the following

O R D E R

Heard.

Learned counsel for respondent no.3 has submitted

that in every centre, isolation room has been provided by

the Centre Superintendent.

By our order dated 21.09.2020, we directed for

conduct of CLAT 2020 examination on 28.09.2020 taking all

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Digitally signed by

MEENAKSHI KOHLI

Date: 2020.09.28

12:46:00 IST

Reason:

Signature Not Verified

precautions and care for health of the students after

following the Standard Operating Procedures (SOPs) of the

Ministry of Health & Family Welfare (MoHFW) and Ministry

of Human Resource Development (MHRD).

The applicant by this application in substance seeks

a direction for providing an isolation room for himself

in the exam centre of CLAT office to appear in the

scheduled exam of CLAT on 28.09.2020. The applicant’s

case as disclosed in paragraph 3 of the application is:-

“3. That the applicant is a student

aspiring to clear the CLAT exam and his holding

a valid Admit card for the CLAT Exam. However,

he is presently in isolation due to his being

suspected of being COVID Positive. He is

otherwise fine and is fully ready and prepared

to give the Common Law Admission Test, 2020

(CLAT) examination scheduled to take place on

28.09.2020.”

Applicant’s case further is that although as per the

admit card issued to the applicant, COVID-19 symptomatic

candidates will be allocated to isolated room but

instructions has been issued by the Consortium that

candidates, who have been tested positive and are under

medical surveillance or in isolation will not be

permitted to take the CLAT, 2020 examination.

The petitioner has already received admit card

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showing his centre as “ION Digital Zone IDZ Chitoura

Road, Bhartiya Vidya Mandhir Shiksha Samiti, Gram Rai

Chitoura Road, Morar, Gwalior, Madhya Pradesh – 474 006”.

In the facts of the present case, we are of the view that

the applicant should be permitted to take his CLAT

examination on 28.09.2020 in a separate isolation room to

be provided by his Centre Superintendent. The applicant

shall ensure that downloaded copy of this order should be

presented before his Centre Superintendent as early as

possible by any other non-symptomatic person. On such

order being produced, Centre Superintendent shall provide

a separate room for applicant to appear in the

examination. Applicant shall enter into centre after

other candidates take entry and shall first leave the

examination centre. Centre Superintendent may also

request the Chief Medical officer of the District or

Superintendent, Government Hospital to provide a medical

staff to render necessa