SC to Pass Order on 21 Sept on Plea Against Conduct of NLAT 2020

NLAT 2020 Conduct: According to NLSIU Bangalore, the repeated postponement of CLAT 2020 has left the law school ‘uniquely disadvantaged’.

(Photo: The Quint/Kamran Akhter)

The Supreme Court on Thursday, 17 September, pronounced that it will announce its order on 21 September regarding the petition which challenged the National Law School of India University’s (NLSIU) decision to hold a separate admission test called NLAT 2020.

The court on 11 September has approved NLSIU, Bangalore’s decision to hold separate exams, which was scheduled to be held on 12 September. However, the court has restrained the university from announcing the results and giving admission to any student till the pendency of the plea.

The plea has termed holding of separate examination as “manifestly arbitrary and illegal decision”.

“The NLSIU action has created an unprecedented uncertainty and has imposed an onerous burden and obligations upon thousands of aspirants, who are now uncertain about the future course of action,” the plea has claimed.

According to the plea, the move by the university was directed to create an “elitist university” and “completely ignored the aspirations of poor, marginalised and less privileged candidates.”

The plea further stated that an executive council of NLSIU at its 91st meeting unanimously authorised the university to develop an alternative admissions process in the event that CLAT 2020 was further postponed due to the pandemic.

“However, it is respectfully submitted that the Executive Council of the Respondent No. 1 University did not have any such powers vested in it and therefore meeting of the Executive Council for this very purpose was illegal and without any basis under its own bylaws,” the plea has said.

Originally scheduled on 10 May, Common Law Admission Test 2020, has been postponed for the fifth time to 28 September, due to the COVID-19 pandemic. This, NLS Bangalore said led to a sense of uncertainty among students, parents and participating universities.

According to NLSIU Bangalore, since it follows a trimester model in which a year is divided into three terms, each comprising 90 days, repeated postponement of CLAT 2020 has left the law school ‘uniquely disadvantaged’.

If admissions are delayed beyond September, NLSIU Bangalore says that it will inevitably lead to a ‘Zero Year’, where no admission can take place. This, it feels, would “deprive law students of the opportunity to pursue their studies this year at India’s premier law university.”