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SECTION PIL
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
IN WRIT PETITION (CIVIL) NO1030 OF 2020
IN THE MATTER OF
RAKESH KUMAR AGARWALLA amp ANR PETITIONERS VERSUS
NATIONAL LAw SCHOOL OF INDIA UNIVERSITY BENGALURU amp ORS RESPONDENTS
INDEX
S NO PARTICULAR COPIES CFEE
1 COUNTER AFFIDAVIT ON BEHALF OF RESPONDENT No1 1+3
2 Annexure-R-11 to R-118 1+3
3 Application on behalf of Respondent No1 seeking exemption from filing Duly attested original Counter Affidavit 1+3
CC MR VIPIN NAIR ADv
MR K PARAMESHWAR ADv
Filed By
(KU~~INGH)ADVOCATE FOR THE RESPONDENT No1
27 LAWYERS CHAMBER SUPREME COURT OF INDIA NEW DELHI-110001 CODE NO 2220
Clerk IC No6418 MOB 9717268550 DURGESWAR KAUTA
FILED ON 14092020
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
IN WRIT PETITION (CIVIL) NO1030 OF 2020
IN THE MATTER OF
RAKESH KUMAR AGARWALLA amp ANR PETITIONERS VERSUS
NATIONAL LAW SCHOOL OF INDIA UNIVERSITY BENGALURU amp ORS RESPONDENTS
WITH
[ COUNTER AFFIDAVIT ON BEHALF OF THE RESPONDENT NO1]
WITH
[ ApPLICATION ON BEHALF OF RESPONDENT No1 SEEKING EXEMPTION FROM FILING DULY ATTESTED ORIGINAL COUNTER AFFIDAVIT]
PAPER BOOK (FOR INDEX KINDLY SEE INSIDE)
ADVOCATE FOR THE RESPONDENT NO1 KUMAR DUSHYANT SINGH
RECORD OF PROCEEDINGS
Sr DATE OF RECORD OF PROCEEDINGS PAGES No
1
2
3
4
5
6
7
8
INDEX
SR PARTICULARS PAGE No No 1 COUNTER AFFIDAVIT ON BEHALF OF THE
RESPONDENT No1 I-4
2 ANNEXURE-R-1I1 True Copy of the relevant extract of the Minutes of the First Meeting of the Executive Council 1-+0
3 ANNEXURE-R-12 True Copy of the minutes of the meeting dated 41-St 12121987
4 ANNEXURE-R-1I3 I I True Copy of the minutes of the meeting of the ~()~
Executive Council of NLSIU dated 27012007
5 AN NEXURE-R-14 True Copy of the minutes of the meeting of the Executive Council of NLSIU dated 13052007 ~S
6 ANNEXURE-R-15 True Copy of the order dated 28112018 in WP(C) NO600 of 2015 titled as Shamnad ~16 Basher Vs Union of India
7 ANNEXURE-R-16 True Copy of the relevant extract from the Executive Committees Resolution dated T 11091988
8 ANNEXURE-R-17 A detailed note explaining the aforesaid timeframe required for completion of an academic year -fS
9 ANNEXURE-R-18 True Copy of the Communication of Nirma 7ampUniversity to the Registrar of NLSIU dated
I 12092020
I 10 ANNEXURE-R-19 I True Copy of the table prepared by the Respondent No2 and produced in his Counter- i ~1-~o Affidavit describing the said efforts
I 11 ANNEXURE-R-110
True Copy of minutes of the faculty meeting dated 11-1 3 middot 06082020
12 ANNEXURE-R-1I11 91 8tTrue Copy of the draft minutes of the
Executive Council meetings dated 12082020 and t+--f18082020
13 ANNEXURE-R-112 True Copy of the Report of the Admissions
I Committee trD I
bull 14 ANNEXURE-R-113 True Copy of the minutes of the Faculty Meeting ~I-ladated 31082020
15 ANNEXURE-R-114 True Copy of the Communication dated 03092020 regarding NLAT 2020 issued to the ~+-t)~Nominee of the Chancellor and Executive Council members
16 ANNEXURE-R-115 True Copy of the Communication dated -~03092020 regarding NLAT 2020 addressed to
i the Faculty of NLSIU
I 17 ANNEXURE-R-116
True Copy of the Communication dated f-ttc)03092020 regarding NLAT 2020 addressed to the Consortium of National Law Universities
18 ANNEXURE-R-117 The Proctoring Protocol established by NLSIU to loo-oi effElctivelv detect candidate malpractice
I
I
19 ANNEXURE-R-118 True Copy of the press release issued by NLSIU on 12092020 depicting the said facts
18 ApPLICATION ON BEHALF OF RESPONDENT No1 SEEKING EXEMPTION FROM FILING DULY ATTESTED ORIGINAL COUNTER AFFIDAVIT
14shy
~oSI I
1 IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
IN WRIT PETITION (CIVIL) NO1 030 OF 2020
IN THE MATTER OF
RAKESH KUMAR AGARWALLA amp ANR
VERSUS
NATIONAL LAW SCHOOL OF INDIA UNIVERSITY BENGALURU amp ORS
PETITIONERS
RESPONDENTS
COUNTER-AFFIDAVIT OF RESPONDENT NO1
I Prof Sarasu Esther Thomas daughter of Mr AM Thomas
aged about47 years residing at Faculty Quarters Block 2 National Law
School of India University Nagarbhavi Bangalore - 560 072 Registrar
of the Respondent No1-University (NLSIU) solemnly swear on oath
and state as follows
1 The above Writ Petition is not maintainable is without merits and
liable to be dismissed in limine
2 The above Petition is filed calling in question the decision of
NLSIU to hold an admissions test called National Law Admissions
Test 2020 (NLAT 2020) for selecting candidates to join the five-
year BALLB (Hons) undergraduate programme and one-year
LLM postgraduate programme
3 NLSIU submits that the above Writ Petition is liable to be
dismissed for the following reasons
a The Petitioners lack focus standi to maintain the present
Petition
b The decision to implement NLAT 2020 is entirely justified in
the facts of the case and is in the public interest and in the
interest of students at large because implementation of
NLAT 2020 is the only way to avoid a Zero Year where
students will lose the opportunity to join NLSIU in the
current academic year
The academic year at NLSIU must be of at least 285 days
duration for reasons more fully explained herein below
The academic year for the incoming batch of first-year
students for the Academic Year 2020-21 will fall short of
285 days if NLSIU does not complete admissions by
18092020
Therefore postponement of CLAT 2020 from 07092020 to
28092020 rendered completion of admissions to NLSIU
and commencement of term by 18092020 impossible To
ensure that students aspiring to join classes in Academic
3 Year 2020-21 were not consequently denied the
opportunity to study in NLSIU NLSIU implemented NLAT
2020
c The implementation of NLAT 2020 is also permitted under
and in accordance with applicable law As per the NLSI
Act the Executive Council is the Chief Executive Body of
NLSIU The Executive Council has categorically authorised
the Respondent No1 conduct its own admissions process
The impugned examination NLAT is held pursuant to the
said categorical and unanimous decision of the Executive
Council
Further the Memorandum of Association and Bye-Laws of
the Consortium of National Law Schools which conducts
the CLAT exam do not prohibit a member from conducting
its own admissions test to determine admissions especially
when CLAT is not held by the Consortium In any event
even assuming without admitting that the Bye-Laws do not
permit it the same would result purely in a dispute amongst
members of Consortium and cannot be urged in this Writ
Petition
Re Maintainabilitv
4 The Petitioner No1 claims to be the father of an aspiring law
student However absolutely no materials are placed on record to
depict the said fact Further it is neither averred that the child of
the Petitioner No1 is a minor nor is any material or evidence
depicting his I her minor status placed on record As such the
Petitioner No1 has no right to move the Petition on behalf of his
child
5 Pertinently no student has himself or herself filed any
proceedings calling NLAT 2020 in question before this Honble
Court
6 The Petitioner No2 is the Chairperson of a private law college
viz Vivekananda Institute of Professional Studies Every
institution imparting legal education in the country has an interest
in the outcome of the present litigation The above college is not a
member of the Consortium and Petitioner No2 is not aggrieved in
any manner It is also sad that the Petitioner No2 having been
the Vice-Chancellor has chosen to file this writ petition knowing
28thfully well that holding the exam tentatively on September
would have resulted in a complete washout for NLSIU On the
5 other hand the other 21 colleges would not be affected as they
follow a semester system
7 Without prejudice to the foregoing preliminary contentions
regarding maintainability NLSIU craves leave to submit
regarding the merits of the matter as follows
RE FACTUAL BACKDROP RELATING TO NLAT 2020
Brief Background regarding NLSIU
8 NLSIU is established pursuant to a joint initiative of the Honble
Judiciary the Bar Council of India (BCI) and the Karnataka Bar
Council with a view to create a premier institution of legal
education in India It was set up by the National Law School of
India Society established by BCI Trust as a society under
Karnataka Societies Registration Act 1960 comprising members
of the Bar and legal academics to establish a leading national
institution for legal studies The said society approached the
Government of Karnataka to host the school in Karnataka The
State of Karnataka agreeing to such request enactedthe
National Law School of India Act 1986 (Karnataka Act No22 of
1986) for this purpose (NLSI Act)
9 NLSIU which was established as an autonomous national-level
institution under the NLSI Act is now recognized globally as the
premier institution for imparting legal education in the country to
students from India and overseas
10 NLSIU at present offers the following courses of legal study
a five-year undergraduate programme leading to the award of
BA LLB (Hons) degree
b one-year postgraduate programme leading to the award of
LlM degree
c two years Master of Public Policy post graduate
programme and
d Ph D I M Phil Research Degree programme
11 NLSIU carries out its functions autonomously regulated by its
governing bodies under the NLSI Act in consonance with the
professional legal education standards prescribed by the BCI In
exercise of its said autonomy NLSIU defines its own pedagogy
and the structure of the courses of legal studies to be offered by
it as also various structural elements such as its academic
calendar faculty intake and capacity etcetera
Brief Background regarding Historv ofAdmissions to NLSIU and Genesis of eLA T
12 From inception NLSIU has had autonomy in determination of its
admissions process The mode of admission into the University
was originally fixed by the Executive Council in its first meeting
dated 29081987 to 30081987 wherein it was decided as
follows
I The draft proposal of the Academic Council to Actions have the selection of the students done through will be an All India admission test and interview was taken as approved The procedure for admission Test per the and the selection may be decided by the decision Academic Council and implemented by the of the Director However the Executive Council Executive disapproved the recommendation of the Council Academic Council to pay one-way second-class train fare to the students called for the interview
The Council noted the sample objective type question paper presented by the two experts on the request of Professor Upendra Baxi However the matter for finalizing the test was left to the Academic Council and the Director The Council noted the format of admission Test provided by MIs RC Mishra and CB Dwivedi of Banaras Hindu University as the instance of Professor Upendra Baxi
True Copy of the relevant extract of the Minutes of the First
Meeting of the Executive Council is annexed herewith and
marked as ANNEXURE-R-11 (Page No l-40)
13 Pursuant thereto the Academic Council of NLSIU met on
12121987 and resolved the final procedure for admission True
Copy of the minutes of the meeting dated 12121987 is annexed
herewith as ANNEXURE-R-1I2 (Page No 51)
14 Until 2007 NLSIU was conducting its own entrance examination
for admissions into its various programmes Pertinently even till
date NLSIU continues to conduct its own admissions process for
the MPP programme and Ph D programme mentioned in
paragraphs 1 O(c) and 10(d) above
15 In or around 2007 in the backdrop of proceedings before this
Honble Court in Varun Bhagat v Union of India and Ors
wP(C) No 68 of 2006 a meeting of the (then-existing) seven
National Law Universities was convened by the Ministry of
Human Resource Development to consider implementation of a
joint entrance examination for admission to the said NLUs The
seven NLUs entered into an MOU to conduct a common test
J known as the Common law Admission Test (ClAT) It was
agreed that each participating University shall conduct the exam
by rotation The matter of adopting such a common entrance test
was also deliberated by the Executive Council of NlSIU in its
meetings dated 27012007 and13052007 wherein the
Executive Council directed that NlSIU should ensure it plays a
lead role in implementation of such common entrance test True
Copy of the minutes of the meeting of the Executive Council of
NlSIU dated 27012007 is annexed herewith and marked as
ANNEXURE-R-113 (Page No +)
True Copy of the minutes of the meeting of the Executive Council
of NlSIU dated 13052007 is annexed herewith and marked as
ANNEXURE-R-114 (Page No S 16 Thereafter the ClAT process itself was called in question before
this Honble Court in two separate proceedings ie Shamnad
Basheer v Union of India WP(C) No 600 of 2015 and Disha
Panchal v Union of India WP(C) No 551 of 2018 In Disha
Panchars case where grievances relating to ClAT 2018were
raised this Honble Court directed the Ministry of Human
Resource Development to appoint a Committee to investigate
1o CLA T 2018 suggest remedial measures and look into future
arrangements for the exam and this Honble Court also observed
that the idea of different NLUs conducting the exam each year
needs to be revisited In Shamnad Basheers case four issues
were raised regarding CLAT namely (a) the decision of the
Universities to conduct the exam in turn by rotation (b) the
quality of the exam itself (c) the integrity of the exam and (d)
issues relating to accessibility particularly amongst
underprivileged segments of society
17 The concerned NLUs in this backdrop and independently of any
directions of the Honble Courts in the said proceedings resolved
to establish a Permanent CLAT Secretariat at NLSIU Bangalore
by incorporating a registered society namely the Consortium of
National Law Universities A plain reading of the Memorandum of
Association and Bye-Laws of the Consortium clearly
demonstrates that the objectives and purposes for which it was
formed were multifarious in nature and not restricted to
conducting the entrance exams The concerned NLUs further
decided that the said society would be responsible for conducting
the exam under the leadership of the Consortiums Executive
Council Based on the said decision the Respondent NO3 (the
Consortium) was formed as a society under the Karnataka
Societies Registration Act 1960 NLiSU was given a central and
prominent role in the Consortium and it was decided that the
Secretariat would be permanently located at NLSIU Bangalore in
order to address the concerns raised in Shamnad Basheers
case
18 The Petitioner in the said case however(relying on an Expert
Committee Report submitted in Disha Panchals case
recommending that a government agency be mandated with
conduct of CLAT sincemiddot rotation-based implementation by
individual colleges was undesirable which Report had been
submitted prior to constitution of the permanent Consortium
Secretariat) pressed for the National Testing Agency to be
entrusted with conducting CLAT This Honble Court vide its
latest Order in the above proceedings dated 28112018 directed
the Ministry of Human Resource Development to convene a
meeting amongst the stakeholders to consider this prayer True
Copy of the order dated 28112018 in wp(C) NO600 of 2015
12 titled as Shamnad Basher Vs Union of India is annexed
herewith as ANNEXURE-R-1f5 (Page No amp-I-J) However thereafter there have been no further proceedings in
the said case
19 As is clear from the foregoing establishment of the Consortium
and CLA T were purely voluntary decisions taken by the
respective NLUs pursuant to deliberations amongst them and in
order to resolve issues and concerns that had been raised by
various stakeholders including in the afore-described
proceedings before this Honble Court Further and specifically
to the best of the Answering Respondents knowledge - and on a
perusal of the various Orders of this Honble Court in the
aforesaid proceedings- it is crystal clear that this Honble Court
did not issue any directions to establish or implement either a
common law entrance exam or a Consortium of National Law
Universities In fact even the Petitioners do not rely on any such
Orders
20 The voluntary nature of participation in the Consortium and
consequently CLAT is also established by the fact that the Bye-
Laws of the Consortium itself provide for voluntary withdrawal
13 which could never have been permitted if the Petitioners
contention that it was the result of Orders of the Honble Court is
correct
21 NLSIU as a party to the deliberations amongst the NLUs
described above has been at the forefront of implementing
CLAT and also taking continuous measures to enhance and
improve the CLAT admissions process right from the inception
and till date
Events relating to CLAT 2020 Inordinate Delay in Holding CLA T 2020
22 Even for the Academic Year 2020-21 NLSIU actively partiCipated
in the announcement and implementation process of CLAT 2020
23 As per the original schedule for CLAT 2020 the exam was to be
conducted on 10052020
24 However starting from March 2020 and thereafter the
Consortium resolved from time-to-time to reschedule the CLAT
2020 due to the COVID-19 pandemic as follows
Date of decision to Rescheduled Rescheduled Decision reschedule from - Date to- Date taken by
21042020 10052020 21062020 General Body
18052020 21062020 To be notified Executive Council
14shyI
29062020
05082020 I
10082020
28082020
NA
I
22082020
NA
07092020
22082020
To be notified
07092020
28092020
Executive Council
Executive Council
General Bodv
I Executive bullCouncil
25 As is clear from the foregoing CLAT 2020 which was originally to
be held on 10052020 now stands delayed by more than four
months to 28092020
26 The aforesaid decision to postpone CLA T 2020 to 28092020
would have compelled NLSIU if it were to rely on CLAT to
complete its admissions to declare a Zero Year ie forgo
admissions into the first year of its BA LLB and LLM
programme for the reasons explained hereafter
27 NLSIU amongst 23 NLUs is the only NLU which maintains a
trimester system-based academic calendar The trimester system
is implemented as per the decision of the Executive Council of
NLSIU in its 4th meeting held on 11091988 The Executive
Council in the said meeting decided that each Academic Year
shall be divided into 3 academic terms of mandatory 70 working
days each True Copy of the relevant extract from the Executive
S Committees Resolution dated 11091988 is annexed herewith as
AN N EXURE-R-1 16 (Page No J)
28 The requirement to hold mandatory seventy working days in each
trimester rests on the fact that NLSIU offered a novel integrated
five year dual-degree programme that would otherwise take six
years to effectively deliver In this backdrop in order to comply
with applicable UGC guidelines and justify a five-year
programme the University devised a trimester-based model
which could sustain the additional workload and justify the five-
year timeframe The same therefore necessarily requires an
academic year to be at least 285 days long (even if the usual 15
days break at the end of each term required for evaluation and
analysis is reduced to 5 days) A detailed note explaining the
aforesaid timeframe required for completion of an academic year
are annexed herewith as ANNEXURE-R-17(Page NOT~
29 Therefore the requirement to complete 285 days in the Academic
Year 2020-21 coupled with the requirement to start the next
academic year (2021-22) on 01072021 meant that NLSIU has
to start its first-year classes for the Academic Year 2020-21 by no
later than 18092020
I 30 Pertinently the impact of delays in CLAT on academic calendars
is not only real but also felt by other institutions For example
Nirma University which conducts its LLM programme on the
basis of trimester system was constrained to withdraw from
CLAT 2020 due to the delays in conduct of the same True Copy
of the Communication of Nirma University to the Registrar of
NLSIU dated 12092020 is annexed herewith and marked as
ANNEXURE-R-1S (Page NO-=t-)
NLSIUs Efforts to Complete Admissions through eLAT 2020 Process
31 NLSIU in view of the need to complete admissions and
commencement of the course by 18092020 made substantial
bona fide efforts to convince the Consortium to facilitate the
conduct of CLA T 2020 in a timely manner
32 The Respondent No2 has in his Counter-Affidavit laid out the
efforts made by him to avoid postponement of CLAT 2020 NLSIU
adopts the averments made in this behalf in full True Copy of the
table prepared by the Respondent No2 and produced in his
Counter-Affidavit describing the said efforts is annexed herewith
as ANNEXURE-R-19 (Page No i1f~
33 Further in light of the repeated delays when CLAT 2020 was
postponed on 28082020 to 07092020 NLSIU also proposed
several alternatives to the Consortium which would enable
universities to complete their admissions within the timeframe
required whilst leaving it open to members if they so choose to
delay their admissions process The options furnished were (a)
for NLUs to proceed with their own admission process for 2020shy
21 (b) allow for CLAT 2020 to be conducted in two series so that
Universities may choose an earlier or later date and (c) for NLUs
to admit CLAT-enrolled students to appear for separate exams
conducted by the NLUs with no further need for registration or
fee payment However the members of the Consortium did not
agree to any of the alternatives suggested Subsequently on
10082020 the General Body of the Consortium met and
decided to hold CLAT 2020 on 07092020 If CLAT 2020 was so
held it would have enabled NLSIU to complete the admissions
process in time to meet the requirements of its academic
calendar
Faculty and Executive Council Decision re Alternative Admissions Process Announcement of NLAT 2020
34 The Faculty of NLSIU at their meeting dated 06082020 had
considered a short presentation made by the Registrar of NLSIU
on the effect of the postponement on NLSIUs admissions cycle
and academic year and noted the dangers of a Zero Year
including loss of talent to the University loss of opportunity by
students to study at NLSIU and monetary losses over 5 years
The Faculty in this backdrop unanimously resolved that NLSIU
needed to take all measures necessary to avoid a Zero Year
True Copy of minutes of the faculty meeting dated 06082020 is
annexed herewith as ANNEXURE-R-110 (Page NOI)
35 As the continued delays in CLAT 2020 would frustrate NLSIUs
academic calendar the Executive Council at its 91 51 Executive
Committee meetings dated 12082020 and 18082020 resolved
and directed the University to implement an independent
admissions process if the CLA T 2020 was further delayed beyond
07092020 True Copy of the draft minutes of the 91 s1 Executive
Council meetings dated 12082020 and 18082020 is annexed
herewith and marked as ANNEXURE-R-111 (Page NO +- tamp)
Efforts taken to Implement NLA T 2020 Effectively with Engagement of All Stakeholders
36 NLSIU being left with no other alternative had to act with alacrity
to complete the admissions process and commence classes by
18092020 and avoid a Zero Year
37 In this backdrop and pursuant to the directions and instructions of
the Executive Council at the meetings dated 12082020 and
18082020 to devise alternative methods to complete
admissions the Respondent No2 convened a Admissions
Committee to consider the modalities for completing admissions
The Admissions Committee considered three options for
admission for incoming students First a centre-based computer
entrance examination Second a home-based online examination
for all students and Third a three-stage process providing weight
age to 10+2 marks online entrance examination and an
interview
38 The Admissions Committee in weighing the feasibility of the
aforesaid options took into account all relevant factors including
the time constraints and costs the requirement to ensure that
candidates are not put to any undue disadvantage as a result of
the decision and also the prevailing practice of NLSIU prior to the
introduction of the CLAT to conclude that an entrance test
conducted online at the earliest and with the lowest possible
application fee would constitute the most fair transparent and
accessible admissions process in the above circumstances The
Admissions Committee expressly noted that the said approach
would be in line with the decision of the Executive Council in its
meeting dated 28081987-30081987 as also the subsequent
decision dated 12121987 of the Academic Council whilst
implementing the aforesaid view of the Executive Council (which
decisions are more fully described hereinafter)True copy of the
Report of the Admissions Committee is annexed herewith and
marked as ANNEXURE-R-112 (Page No S=J) 39 On 31082020 NLSIU convened a Faculty Meeting and the
proposals of the Admissions Committee were duly deliberated
and accepted The Faculty unanimously agreed that a separate
admissions procedure would be in the best interests of the
students and NLSIU True Copy of the minutes of the Faculty
2 Meeting dated 31082020 is annexed herewith and marked as
ANNEXURE-R-113 (Page N0-11)
40 Pursuant thereto the Vice-Chancellor formed a team consisting
of faculty members and professionals to finalize the modalities of
the examination and also appoint after evaluation the
appropriate service providers to facilitate the conduct of the
examination
41 Thereafter once these actions were completed by the said team
and the modalities were frozen the Respondent No2
communicated I caused to be communicated through the
Registrar the final arrangements to the Nominee of the
Chancellor the Executive Council the Faculty of NLSIU and also
the Consortium itself The details regarding the same as also the
conversation between the Respondent No2 and the nominee of
the Chancellor of NLSIU are averred by Respondent No2 in his
Counter-Affidavit NLSIU craves leave to adopt the said
averments True Copy of the Communication dated 03092020
regarding NLA T 2020 issued to the Nominee of the Chancellor
and Executive Council members is annexed herewith as
ANNEXURE-R-114 (Page No ~V
True Copy of the Communication dated 03092020 regarding
NLAT 2020 addressed to the Faculty of NLSIU is annexed
herewith as ANNEXURE-R-115 (Page No -1) True Copy of the Communication dated 03092020 regarding
NLA T 2020 addressed to the Consortium of National Law
Universities is annexed herewith and marked as
ANNEXURE-R-116 (Page No It)
42 Therefore the decision to hold NLAT 2020 was notified on
03092020 only upon completing the processes described
above and with due and full disclosure to internal stakeholders
the Executive Council as also the Consortium itself
43 It is in the above factual backdrop and pursuant to permission
granted by this Honble Court in its Order dated 11092020 in the
above proceedings that NLSIU has implemented NLAT 2020 with
a view to avoid declaring a Zero Year
RE LEGALITY OF NLAT 2020
Re Statutory Power of NLSIU to Convene NLA T 2020 Scope of Executive Councils Powers under Statute
23 44 NLAT 2020 is implemented by NLSIU in the aforesaid factual
backdrop and in exercise of its statutory powers and functions
Pertinently it is implemented pursuant to and in terms of the
express decision of the Executive Council in the 91 stExecutive
Council Meeting wherein in the second session of the said
meeting held on 18082020 it was resolved as follows
The Executive Council unanimously reconfirmed this resolution to empower the Vice Chancelor and the University to conduct an independent admission process in the event that CLAT 2020 is delayed furthet
45 The power of the Executive Council to make this decision is
manifest from Section 10 of the NLSI Act which provides as
follows
10 The Executive Councilshy
(1) The Executive Council shall be the chief executive body of the School
(2) The administration management and control of the School and the income thereof shall be vested with the Executive Council
46 Even as per the settled law laid down by this Honble Court in
TMA Pai Foundation v State of Kamataka (2002) 8 SCC 481
the right of the educational institution under Article 19(1 )(g) of the
Constitution as recognised by this Honble Court encompasses
the right to admit students In the said Judgment at para 50 this
Honble Court held as follows
50 The right to establish and administer broadly comprises the following rights
(a) to admit students (b) to set up a reasonable fee structure (c) to constitute a governing body (d) to appoint staff (teaching and non-teaching) and (e) to take action if there is dereliction of duty on the part of any employees
47 As a matter of historical practice as well the Executive Council is
the supreme authority which is empowered to take decisions as
the chief executive body of the school The same is evidenced
from
a The decision of the First Executive Council meeting dated
29081987 - 30081987 wherein the mode of admission
is decided (produced above as Annexure R 1) and
b The decision at the Executive Council meetings dated
27012007 and 13052007 regarding admission through a
common entrance test (produced above as Annexure-R-13
and Annexure R-14 respectively)
2S 48 It is therefore indisputable that the determination of the method
of admission to NLSIU vests under the statute with the
Executive Council
49 The related contention that the Executive Council cannot decide
on the mode of admission without reference to the Academic
Council is misconceived The said contention is asserted on the
basis of conditionality imposed by the Second Proviso to Section
13 of the NLSI Act requiring that the Executive Council seek the
concurrence of the Academic Council before making amending
or repealing any regulations regarding the mode of enrolment or
admission of students As is clear from a plain reading of the said
provision the requirement for prior concurrence arises when the
Executive Council exercises its power to make regulations
50 In the present case there are no extant regulations in place
regarding or in respect of admissions into NLSIU
51 It is well-settled as per the law laid down by this Honble Court in
PTC India vs Central Electricity Regulation Commission (2010) 4
SCC 603 that the executive or administrative power vested in a
body under statute can be exercised independently of and
without recourse to subordinate legislative power vested in it
under the same statute In the present case the Executive
Council has exercised its executive or administrative power
which is not conditioned in any manner
52 The other contention sought to be urged in this regard that the
Vice-Chancellors decisions to hold NlAT 2020 do not fall within
the scope of are not authorized by the aforesaid decision of the
Executive Council dated 1218092020is also misconceived In
the first instance the said contention is wholly false for reasons
stated in the Counter-Affidavit of the Respondent No2 (the Vice-
Chancellor of the Respondent NO1-University) and the same is
fully reiterated herein In any event the said contention is also
untenable in law in view of Regulation 12 (re the Executive
Councils powers of delegation to the Vice-Chancellor)
Regulation 18(2) (re the Vice-Chancellors powers co-extensive
to the Executive Council) and Regulation 18(5) (re the
emergency powers of the Vice-Chancellor)
Re NLSIUs Power and Right to Conduct an Alternative Admissions Test to CLA T 2020 is not Constrained bv Orders of the Honble Courts
2~ 53 NLSIU adopted CLAT for purposes of admissions on a voluntary
basis
54 It is denied that there are any judicial directions to the NLUs to
hold CLA T In fact the Rajasthan High Court in respect of a
prayer for directions to NLU Delhi to admit students through
CLAT refused to do so in the case of Law Prep Tutorials Pvt
Ltd v Union of India DB Civil WP(PIL) No 754 of 2017 by
holding as follows
So far joining or not of a particular University in the Common Law Admission Test is concerned as at present we are unable to find any specific legal requirement where for any particular University may be directed to join the Common Law Admission Test by the Court Further the issues as to how the admission process and the examination process is to be conducted are required to be left for the decision and execution by the organising University Therefore as regards prayers Nos 4 and 5 we are not persuaded to entertain this petition
[Emphasis supplied]
55 The convenor of CLAT at that time viz Gujarat National Law
University was a party to the above case Therefore the
Consortium now cannot contend that CLAT is a mandatory
requirement for NLUs which contention is squarely contrary to
the aforesaid finding
56 In fact the Petitioners themselves do not rely upon any directions
of the Honble Courts in relation to establishment of CLAT or
adoption of the same The reference made to the Preamble of the
Consortiums Memorandum of Association in this behalf is
misconceived The language therein clearly depicts that this
Honble Court directed the Ministry of Human Resource
Development to convene a meeting amongst NLUs and the NLUs
then proceeded to consider the matter and resolved voluntarily
to conduct the CLAT exam The relevant recitals in this regard
as extracted below
AND WHEREAS on the direction issued by the Honble Supreme Court in Varun Bhagat v Union of India [WP NO68 of 2006 decided on 23112007] and due deliberations made by the University Grants Commission Ministry of Human Resource Development Government of India and the Council with the first seven NLUs the idea to conduct a combined test for all the thenshyexisting NLUs was conceptualized
AND WHEREAS seven existing NLUs in the year 2008 signed the Memorandum of Understanding dated November 23 2007 [the MoU] to hold a combined admission test to be organised by an NLU on rotation basis in the order of seniority
57 There are no Orders whatsoever in any of the proceedings
before this Honble Court requiring that CLAT be implemented It
is reiterated that the Petitioners themselves have neither referred
to nor produced any such Orders
58 The fact that the decision to stop implementation of the exam by
each participant-NLU on a rotational basis the establishment of
the permanent consortium and the inclusion of new universities
did not require any approval from this Honble Court also belies
the contention that the requirement to conduct CLAT arises from
Orders of this Honble Court
59 Further the fact that directions for modification of the process are
sought in Shamnad Basheers case have been entertained
without requiring the Petitioner therein to file a Review Petition
also establishes the said fact
Re Bye-Laws of Consortium
60 The contention that NLSIU is bound to admit students only
through CLAT in terms of the Bye-Laws of the Consortium and
specifically Bye-Law 1533 is entirely baseless for the following
reasons
c The Bye-Laws are a subordinate charter document binding
on the members The same cannot detract from or inhibit
the plenary statutory power conferred on the Executive
Council by the NLSI Act
d In any event Bye-Law 1533 relied upon by the
Petitioners does not have the effect as claimed by them
The said Bye-Law merely requires members in order to
eligible for membership to the society to adopt CLAT as a
mode of admission When read keeping in mind its object
and purpose the said Bye-Law cannot be construed to
require any member of the Consortium to admit students
only through CLAT even if the CLAT is not held ie the
Bye-Laws can never require a member to not admit
students at aiL
e In fact the Consortium itself has not understood or
implemented the Bye-Laws in this manner as is apparent
from the fact that all the NLUs are admitting students into
various programmes carried out by them (other than BA
LLB and LLM programmes) throughout without reference
to CLAT Therefore it is clear that all admissions to the
3National Law Universities are not on the basis of the CLAT
exam Therefore the contention that Clause 1533 of the
Bye-Laws compulsorily requires admissions to be based on
the CLAT is untenable and without basis
f Even assuming without admitting that the Bye-Laws have
the contended effect the same can only be actionable at
the instance of the society or any other members
Re NLAT Process
61 NLSIU as demonstrated above has the right to conduct its own
admission process in terms of its own statute In exercising this
right NLSIU has taken immense efforts and steps to ensure that
the test is lawful and also fair and reasonable
62 In the first instance the NLAT 2020 meets the triple test ie it
must be fair transparent and non-exploitative The NLAT 2020 is
fair insofar as it ensures an examination process that is
intellectually rigorous and meets the standards of integrity in order
to suitably judge the merit of ali candidates The selection of
candidates is based solely on their scores in the entrance exam
It has also been designed and implemented in a transparent
3) manner The examination is transparent as details thereof as
also the reasons therefore have been set out in detail through the
impugned notification NLAT 2020 is also implemented in a non-
exploitative manner by limiting the application fee for the test to
just RS150- for general candidates and Rs125- for SC and ST
candidates in order to ensure that students are not put to financial
burden due to the NLAT Further since the exam is an online
home-based examination students do not need to physically go
to an additional test centre
63 Apart from the same the authorities have also taken various
measures to ensure (a) accessibility and (b) prevent malpractices
These include
g NLSIU significantly relaxed the technological requirements
for candidates allowing them to take the examination with
minimal internet speeds and using a wide variety of
devices including Android smart phones and tablets
NLSIU also made available as many as 33 physical test
centres across the country in order to provide access to
students lacking the necessary infrastructure to appear for
~3 NLAT 2020 from home NLSIU further ensured that
necessary health and safety protocols were rigorously
adhered to at the said physical centres
h With a view to prevent malpractices NLAT 2020 is making
use of a combination of AI-based and human proctoring
Additionally the test structure has been designed in a
manner that minimises the possibility of candidate
malpractices This includes candidates not being able to
revisit a question that they have already viewed and moved
past and the randomisation of the sequence in which
questions are displayed to candidates Furthermore the
questions for the NLA T 2020 have been drafted in a
manner that requires interpretative answers which
minimises the utility of referring to the internet or other
sources for answers Since the examination is an online
examination all relevant data (including webcam recording
sound recording keystroke information data relevant for
facial detection window switches etcetera)necessary to
detect malpractices are stored and available with NLSIU
The said data will be critically reviewed and analysed prior
to completion of the admissions process Therefore even if
any malpractice has occurred the same will not and
cannot result in a student gaining admission to NLSIU
through unfair means The Proctoring Protocol established
by NLSIU to effectively detect candidate malpractice is
annexed herewith as ANNEXURE-R-117 (Page NO
64 Pursuant to the aforesaid efforts made by NLSIU to ensure
admissions to its programmes and avoid a Zero Year and
pursuant to the Orders of this Honble Court permitting NLSIU on
11092020 to conduct NLA T 2020 a total of 23225 UG
candidates and 2846 PG candidates appeared for the
examination on 120920200f this number a total of 122 PWD
candidates appeared for NLAT 2020 True Copy of the press
release issued by NLSIU on 12092020 depicting the said facts is
annexed herewith as ANNEXURE-R-118 (Page NOD4-)
65 In order to address any concerns that may arise amongst
candidates who have taken the exam NLSIU has also
established a three-stage comprehensive redressal mechanism
comprised of
i Technical Review Committee This Committee is
constituted to consider queries raised by candidates
regarding any technical difficulties in the NLAT 2020which
could be raised online within the web portal itself The
Technical Review Committee consists of Dr Sony
Pellissery Dr Kaushik Babu and Ms Apoorva Gupta
j Objections Committee This Committee is set up to
consider objections submitted by candidates in response to
the Answer Key for NLAT 2020 The Universitys
Objections Committee comprises Prof (Dr) Sarasu Esther
Thomas Prof (Dr) Mrinal Satish Prof (Dr) Arul Mani and
Assistant Prof (Dr) Bipin Sony The Objections Committee
will release the Final Answer Key on 14th September 2020
k Grievance Committee This Committee is constituted to
address any grievance raised by candidates who appeared
for NLAT 2020 following the announcement of results It
comprises Honble Justice Nag Mohan Oas Prof Babu
Mathew and Prof (Dr) Sarasu Esther Thomas
66 A small number of candidates made submissions to the Technical
Review Committee that they had faced technical difficulties during
the exam In order to eliminate any apprehensions of these
candidates that technical issues would affect their outcome
NLSIU has offered them an additional slot on 14092020 to take
the examination subject to stringent conditions to ensure integrity
of the examination All measures to avoid malpractice are
implemented in respect of this additional slot as well
67 The fate of these students is now entirely dependent on the
admissions processes being completed as per the aforesaid
schedule and commencement of the academic year on
18092020 Unless the same is done NLSIU will be constrained
to declare a Zero Year Consequently not only will 120 students
lose the opportunity to join their studies at NLSIU (or at the very
least lose one year in order to apply again next year) but the
same will also impact admissions in all other NLUs since - as the
first preference law school for most - the Zero Year at NLSIU will
have a cascading effect on all admissions to all NLUs
68 Hence there is no legal or equitable bar to conducting the NLAT
2020
69 It is submitted in this context that NLSIUs inability to complete
admissions will irretrievably damage the University and result in
significant impact on not only its finances but also the public
perception of the university Moreover the same will have a
cascading effect on the effectiveness of NLSIUs academic
programme and result in loss of an entire batch of graduating
lawyers in five years time All of these adverse consequences
will impact NLSIUs standing in the legal education sector
70 Hence it would be in the interests of justice and equity that
NLSIU be permitted to release the examination results of NLAT
2020 and complete its admissions so as to commence the
academic programme in a timely manner and as per its revised
academic calendar
It is therefore submitted that the present Writ Petition may be
dismissed with exemplary costs
I
DEfi~tifiNtTi~ VERIFICATION
p~) 8atl N-lti 20t 14301 Verified at Bengaluru on this 14- th day of September 202~th~fthe
contents of above counter affidavit are true and correct to my knowledge
and belief based on records maintained by Respondent No1 in the usual
course and nothing material has been concealed therein
Icti )n Tacn 6 AN-e)(~~ ampcent
Th Council noted the QrcDos~l to hmiddotve thE Fmiddotc-jernic ltct ivi ties frorrshy th comincly~r
1 Heiular coursplusmns it ttc undergr~dll2~tc n( post qrdu~te lC-vels l~dinc to decrrccdiplom2
followinq Ph0 )~clt-nif_rh-~-ti~-~s
b- i rc the an~~ vlhr11 (-
~1 tTl- shy
2 ~ fz-fr0-lhr C011rs-s
)~~ c s clt) rtC 1 -fJd lt0
~ p~~middotsmiddotmiddotr(J lcejccts on diilt~~-cnt it~JCS ~)y C)trncit3J instituLiorL~ (He Jtshy -----qf)C--l s
1 Duhlic2tian Df 10q~1 tExt c~s ]2 i13 ~ L~) _(~ETlal
b()o~s 2nd m~t~ri8J3 jshy
C
1( y(t teshy be tltmiddotlul1 ((1 by tt1~
bz-~ ~Ub1i-dt-t--ct 1 t tLc r)-iC~tivc
(1 s Coune 11
h 1-~ Et rroicsosl of the c(c~dfmj c Counci 1 to 3-21vt the --Ict~)r cf tLc stud~nts dor thrcuclh 2n 11 i adndssi-J t ~t -0-1 if~t rimiddot-t -5 argt~coVid~ Ill to ~dmi--si~n T ft lt~~ t~middot s-J fctiun my t d-cidcmiddotd by t1)c 7c~thrric C8UTci -gt - i -~ltiltc by th~middot Igtir cto[ ~ Hgtw0V(r~( th ExecutivL CcrtJncil
~ j -rgtJ~--il th- nc~)Dnlrdftlon of th c-c3~~m CcunciJ to p Qneuro ~Y ~~co~~ clss tr3in f~r2 to the 5tcdents call~d for the i n ~~ tv i i ~
l~cti~l hdll be th~1 (~cC is j n Cunci]
takn (s p~c
tbr SXG (u t i v~middot
ttlC cxpcrts ob j ect i JC
thmiddot- CCCfU st l-cfessor i3axi
(cr tJ~=- tTFltty of filisino tJ1(~ 1i_st W$ l~~ft to thc rc-r~--it lt ---~()un~il -gtn~ tr2lt ~j r-ctcr~ rb SouDcil not0d tb~--- f03-mt of 1lrpissicp gt1 pcovidoc t~B~H~~~istre And Cf) Dvrivlt~di of E~~- s tinl-t) lJnivccsity middot13 trc in~t~nCl of Professor L- 8lt=1)()
(J)
p~-nncnt 8cmiddot~ordinqJ y (f ~~ 2 f ano ~ 1 ~--t ~ ~_
F)utr0riS2d t(0 DIJTctoy to gtJrit( ~--~n~irjJ tb~-
or cr-j r cGrtrjb~tt on 0r cxpcnslts invGI vLd in ocqgtnisinq c~h t0St tnd intevicTl
nmiddot tc)u11cil porovmiddotd d t middotlllotmDt of 0D ~n~ount not )(_lt0inc rl~ 1~O)CltgtOO Ih Council tllI~U-_~ d~-ci t~t th~~
2~11i[~lon to th~ Is y~r LLS C2S~ b2 limited to 80 slu~~nts - n 4J[ Ll ~~7 ~J~~r thmiddot (-r3Fis~ion b ] imid tc l(i stud1tSb The -p- 1ic3tj()r f~( for ~drission test ~nd intrvi---d r0Y b~ fixed -1 12-~OO for LL~ ~~I thoc-n it Ty bE- CJhlCSC La fs SO- ir t1~middot c~s~ ~f sc~~ C~n~i~~t~s~
It middotr- -~ r_-j Limiddotj middott b i r~q rS iqc~t i~l jni 1 s i tyf the lt )O~ v11J --v~ c__ ~rrnc ~ ccc~r---oqti(jn f)r th~ cut st~li()n Bt(1(J1~
~ 1 c_ a [0- Adrnissiona The Executive Council wAntc~ tn2 ist~r
tmiddotmiddot c-)n Lor tyenit~ tYk (Jv-~nrrnt 5 (11 cS th~ oth~r ~hlcmiddot~ti()n21
In3tit~ut]~)j)S in tl-k City itcludino thmiddot Universit1 laquobout tts ivlil ~bility otmiddot tl hos~(] gtcccTirDodtlon for th~ - [cw Schrol students ( 6( i-1D1 2n ~tllmiddotlp ) hrJ~rQpri~dE propos2- in is r~q--gtld ITfIyor
b put Ul di t1i tr-middot ] of t~-~ lCrld-~lic Council in the next rnz-~~~tinG T)- ~chc)CJl CBTl _~ls() cODsicfr tIl tt=rn of Ii pqrcv~-d h-usinq eS 2xisting in Sngli linivrsiti~s till sue] tirJ th c~cl)()l c-~n sst --rp ios O1r1 hostels
ubI ICilt ion
~l~~ ~~z-cutiv_ Courcil appr0ci-3ts-c the 2sturc of th~ 30r C0uncil of 1rri1 TrusL- to 9ubJish th2 prE~-lCiv bO)KS under the joint Fu$~)ic~~s of th~ =crvol qrO tbe lrust It v2nted the Irust t) cOYsicic- 1-h7 fCC~13ibilily of publishing I~DI IllR REVLSl also jointly witmiddot~ th~ L2W Sc~~al
E1f-rts 2)-~ bCin-l rrd(- t) SCCllC_
priv~t buil-linqs fi l~t)_ f~r
bing use as h~st Is A s2p~ratE nt8 has teen this b2fn~2 th2 bx~cutive Craquouncil
icti)n ltJi11 b( taken cfte th Fecultl middot3SSlUnes chlttrgc~
~
HHIONA1 11 SCEOOL OF INDIA AMJ(URpound ~21BfJWALORE
MLlutes of the Moeting of the AOpoundlcenio Councjl of the N ional 1(lI[ School of India held at tho office of the Bar Counoil of Ina New Delhi on 12th Doccnoor 1987 at 10-00 Mil
Tho folloWL-1g nenbero were pres SJnt --
1 Shri VC iVIishra 2 Dr S K Bhatnag~ 3 Dr NR Madhvt Monon
Dr K PonnUSWQl1Y1 Deln Faculty of Lnw Delhi 1Jnivors ity
ltt eo the CGGt ing1S S pee Invitee
Dr H R )~8i1hlt)va Menon presideo over tbo iYg
Dr Menon welCOfled the DeDbers of the newly c A l1stituted
Ac e71ic Council aYlO acqunint13d then with tne a~cisiorls Jf
tLe carlier neGtings of the Acadenic Council prior to tbe
estclblisroent of tl1e Sohool under the Act After cotliled
d1souslJions on th baeis cmiddotf the Agenda notes ciroulted e8rliel
the following decisions were t1ldeshy
1 COurses of Stuoy ~~ ~ -shy ~~-------shy
1ts ionnl
COUlSOS of Study lellc1ing tl the following degrcesshy
(lJ) 1m integrnted 5-ycar LLB (Hons) L11 viev of fC1 t118t q gret dell of Soc111 Snce knowlerge vrill be inrrtcd curing tbe 5-yrhr c)trrI3C 1118 Acad eni c CDUYl oil rcc~-)nentied tl1 -ct ~ conpos)(d~-shydegree of BA (me LLB H0ns be cQrferr(l t) the students joiniLg the Nqtimll Lw Solle)l of Inilin
(b) An LLM oogrGe which shall 0xt0tc1 -( )~)C yerr (3- lrincstns)
(c) Ln M Phil (1grae of Que yecr (3~dn0sters) durfti--n c~nstitllting of t8ohing ~nd resc8rcll
(a) 1m LLD progr12ne b(]sed n writtlt5n tlesls fterrJ Phil
Bes os the above cGgroG courseo tho AcCdedc Oouncil
reco---ampnds thmiddott 11 series )f CcntiYLuing Eauc~~i n POt1lS(S Cln
sl)rt aurticl be offerGi by the Nti0n1 Lw Scbmiddot]ofIneia
to levr tGcac~8rs ju(~iot1 Dffioers t aoninistr f)X3 Pltr~
contd 2
2
II BA LLB (Hems) Progr(lme-- -~- -shy
rhe j~cBdcGic COUTIcil rocsrinonos th~t TIl t
ysr only 50 students bo 1(lTdtted t~ the LL3
Irhey r1ny be 8818 ctea ~
purely cn cerit on the b2sis ~f n ~( 8f~ i0n test cncucted at fQur difforent TO (1uring My- 1988 Tho nininlJr eligibility liDS iJn t) S be fbcd t 50 Trks lL 10 + 2 Sc1~oDl 8X2nintiC I tho Pre-University Progrrne progrlrro be trol1ted cs equivlent t 10 + 2 S ooo oxampt Those students Whfi 1rcd f8r the quelify ing exmin 1t Len in 1982 bo leo lloweo to t ke the MirisGim 01 Cl provision~l b~siB ~d they n~v be 018 ii while preprL1 g the rmiddotjerit List provmiddot1Ced middot~V8 psseC t~ie Sqid eX811in~ti8n with 50u t11rkS 6 llC1ts8icn Test be h~seil on en objeotivo typo fluesmiddotlims 1116
fthe tost n~v be fox Hurtirrn of 0 ~~Xmiddot thrn 2 hours middotr11G test crln tnclu~() [ini rw~ bel of qUGstiCTls 7~middotlicb rO(lutres viritten 2J1GlJDrE t J(lniss i)ll t8 the L~~Vl SchoCl bb bnsc(l ~n1y on t~) b +li) ~)f tl-c yritton Aanissian Test
15 of the sets be roserVGc1 pound1 1 (0 ~1 ClfJtcs 1nd 7i- Schedulefl Tribes eVC1 for tl16 reserved Seqt8~ tLe reU1LUd i1nrks ot thc qll)lifying exmination ~Gd upor
er to be eligible for t1-u c2naid-te lilvC sccured 50 DtrkS 3 i11 tes t
tlpplic-blc ven f0r rODDYV 3 s ~ -ts ~
T~~e JC1nis3ion Test 1~Y be 11811 I6gj 8TIf1
8118 it is rec)~rQcc16C b- lccld
I nr nn~ TIn AP n ~ ~t Bng8 t lJYL~J r JL ~)
~ m I n er t 0 olt-nlse AlmiddotZllS810n icsmiddotun pror)-lo tl~e qUGsti8n pSpors frtrlurto tho Gr~~~G ren(1 f inJ1ise
sien List an i~dnission C 0 C)US1OGshyr the Director 0n trec tS8Cgt 1f tlt L_w be C0Dstitutcc by t-~G ecmiddott~)r
ccn1 td __ ~ 3
It is proposed thlt the last dte for reoeipt of lpplic8tions be fixed for 2nd My 1988 1-8 Ldnission Test noy be orgcmised on 29th May 1988 ndtho Selection List Jllnounced by 15th June 1988 Phe dDissim Day be 0)[1p1eted by 25th June [ltnO the cllsses be oODnenoed fron 1st July 1988
A suitable snount IJjly be fixed for the ppliotion forn 2nd the Adnis sion Test Fee
(b) AOlldenic Terns
Ecb Acadenio year be divided into 3 1Ogt1(Iio terns e 2Cb with a uininun of 70 working days -fis 8cadenic tern be called a Triuester Thus the 5-y8fr BA LLB (Hons) Pr ogrmne will hve 15 TrilGsters It is suggested thAt the J~caoenic year nay bgin frclTl 1st July and the caderlic ter12S uay aoopt tho folloWLl1r Patternshy
i) FIRST TRIMESTER - July 1st to Septemiddotbor 30 ii) SECOND TRIMESTER --- October 15 to JAllury15
iii) THIRD TRIMESTER _Jnuary 30 to April 30 (c) Oourses and their distribution
Eaoh Trinester nay carry not nore thM 4 courses with a totp~ of 12 credits distributed Ro00tdine to the inpOrtance and coverlge of the courses Jhe subjects courses fer study for the 15 Trinesters be 2S follows
~_~T TRIME3J1ER (FIRST YEAR)
11 Leg~l Professicn in Indian Society 3 or 12 Legal Method and M~terialS 2 cr 13 Law 8l1d Politicl Orgqnization 3 cr 14 LaW and MJrket Econoy 4 cr
SECOND TRIMESTER ---~----~--~-~ 25 Law in Historicl1 Developnent 3 cr 26 Responsibility for Injurious Conduct 3 cr 27 Lqw end Socil Orgemizotion 3 cr 28 Law c~d Agricultural Deve10pnent 3 cr
THIRD THIMESTER ---~---~--
31 L2W 8nd Intcrl2tion1 Relations 3 or 32 Law ~inorities mil Vc8ker scctiolS of
Society 3 cr 33 Civil amp Crininal Procedure-I (Oourt Systen) 4 cr 34 Eldctive Clinical ProgramplJJe 2 cr
C~)l ~d 4
--bullbull
4
9P~1 )2E1llEsect lER ( (13~f~~X~lE__ ~~l~~E~)_ 4 1 Hunn Rights Soci31 Jus-nice nno LSVi 4amp 2 Low 2nd S oci_~ Oontrol - CriLle and
PUllisl1DDnt 43 Civil41d Crininal ProceDure II 44Elective Clinicl Prog1flne
rUTH THIMw~ER----shy --~-- ~--~
51 Cririnal Lw~ Clini1Dlogy amp SDcb DLmse 52 LV nri 1~_ 1lJLy TI81st i0nJ3 1 53 Lqw Plnn jng 8 Ec~rnDnic DevelJcent 54 Contractu1 Rel(]tiirs an(1 RoneHes
(Spec ifjc Reliefs)
SIXTH rR IMES TER -~-----
6 1 N~n--Cririnq_l InjuriDus C~-nnuct ~ni of Torts
62 L8W (lud PYlily Reltims II 63 Law rmd Il1lustril Dcvelopnent 64 IUective Clinic Progr~nne
SEVENTN lE Ir1ES lER -~ ----~- -lt~~ -~-~--
71 L-w nnn Urb~1i1 Devel-prtEHrt 72 Politic Proc()ss il1il Cm$titutiDn~l
Devclopnent 73 Cns tit ut ionCll L_I 74 ~id8nco LAW
EICin TIi IRSScIER-~- ~----~ pl C0 np-YlY Lgw nnc1 Lrw 0f CO-ClpGrDtivos 8~2 PO0Tty LlW 83 Constituti~)nl 18W amp Litig1tiorl 84 Elective Clinic~l Pr~grgtire
r I~tTLtR]l~~ER 91 LwJ c)f Ins ur n es 92 TAx0tjDll L1w ~nd Public fiJ1rrnC C 93 In -1 Grn ~~t j n1 oer 80 e Law 94 Elective Clinic~l ProgrBLr1B
TENTH TRDillSrER (FourtL yer betdnilL ------~ - ----gt-- -~ 101 Leg~l Theory 102 Lmiddotbour LtJw 103 Mrinistr~tive Lw 104 ElectiVEl Olinicgt 1 Progrlrll1e
4 cr
3 eT ~ 3 eI 2 1
3 er 3 cr 3 cr
3 cr
3 cr
3 er gt1 cr 2 or
3 cr
CT 4 cr 3middot ex If
0 ~~
3 cr 1 Cr
c ) cr
3 cr Ac cr ~ cr 2
cr
4 cr 3 CT
cr 2 cr~
CUEto ~5
5 cr11~1 h -z cr~11~ Int~llectumiddotl
J13 lril1nl-I )1 Int rr ~ t t i1
4 CT 2 cr
l2 1 In t BI i l~ 3 cc
3 cr 12 ~3 L[JVI -nd Public C 3 cr 12( Electiyes 2 cr
13 1 Ct)r-JP1TQtivo LnN 2 eX 132 Itltlw PQverty rtlG S )c if~l Ch~ngc 3 cr~ 13 3 Lrm0 R0fcrn Liws nn0 liurnl DVG l~Yp iJrli 4 cr 134 Sctdnlir-Eloetives (to be lnnDUl1C()[1) 3 cr
~fJj1t~~~]~~ li l Public Intlt~rntrtiL~nnl Itlw-Int2TxL1L jA J
OrGn or~
112 ctiVi (jlurse 3 cr bull bull3 i1tjtiltn -f (lus ~iCi3-jt~te amp UyltLon 3 cr
l~~ ))rin -CiVeG (to he r1poundJrtiunc j 3 cr
cr bull 15~2 ~))cil bGUTity ~1rj t1~c Lq7JD cr 15~3 1rlrinstrdt)l~ II Jurrcice C ~Lre -]
til) I1IX Ili r1l ~i0 3 cr ~154 ~orlin~3 - c)iv(1S (t~) h( 11 3 cr
( middotb)V~ Bistx ibutin1 subjectB 18 t ~ii ~ middot~jYD +
Dllril1B tIl ~~r c-f cursc =-) dujc-cr be rG~rn RubstitOt0d ~r rCViL~ 1 ~lmiddot(i--middotr tD c~plctGly profJ8si~rt11 rvo i-l1 ~ Tl~l
LGndIt 10Vi utoD pnJ3S QU ~ iC)1
I 6
rhe DsdiuD 0f instruction 8l1d exaniY13tion in the lrl8h81 Law SchoDl sll111 be English ctlecst unt i1 C nctjonl lmglryeis ad opted for Rdiinistration of justice in t Scrprcne Collrt
(e) Ellpound~~tljty fDr cL~sectE~G fJ10 0x8r1tnatiDl1 sydoI1
In order tl be eligible for the dcnpostiiicc[CCC of RI LL8 (Hons) C~ch student win h~ve to t~kC C(lllXses fsX lt1 grrmd tot ~1 of 180 erea its in ) ye etXa bull
The norn)l p~ttGrn cd GX1ninntion will be ~ 1xittJTl test t the end of onc11 Trinester However in middot)middotmiddotl)ollri)le cases Intern(~di8Ge exnrJlltltion nne continuii1~ eV11utiCTl cy be ptilS cribed in different CSllrses
The exaninntion process will be entirely int Inl to bo dono by the totchors giving tho CGurSGs If sttvlcntc_
is dis-s1tisfied with the grfl(10 warded tw l bo ~11ow0fi to withdraw it in writing within 10 dWS thC11uounce-shyDG1Yt of the rosult He c~m inproVG it in t~c noxt cxninl~ tiorl ccorcing to tho rules prescriber] thcnt))
There shnll not be ~v eX8nin[til foe colloctomiddot- fr0- the stuc10xrts DClr there will be nn exaTiinaticm rcbuJJcrItirm given to the telchors
111oro shall bo an Exninutin C8Ul1ttee C0UEtjI1td by the Dircctlr for Bch ye~r with not loss th-n f t~r1ors of the NL3 by rot1tion Every tC 0 chol wj n JvLk tmiddot thG EXfninrjti~n COllJ1ittGO rt the bC[innil1g )1 Gcgt tr 1 nesteX tho Dutlme of the course ho is t0901-inr Tl1if1middot() plrm 110 j8
9~uimiddot ~1~ ev~I~t nn smiddot~avmiddot tJ c oLlrn
outline as well 18 thli 8vlurti)n scteDc will JI) )110 Rv8t18ble t) tl1C students st the bcgLl1nlng ~f t Prif1GstoT itsulf Cor1plnints regllIdingthe eV(ll11n-Gion [111 he sont ~() the EXfC11mntion CO[]littoG wllich will n~ko JuH~l() rliCClr1iJOnBtions on it withjn 1 fntnjght to t~) J)jrcctJr whose d(~cis ion there)n shql1 be finJl~ The )iX(ctD1 lOW()VOl-
wtl1 roport to the AC1dcrJjc Council Meottnc rcorrJ qf flU(h conp1nintg qno tict icn -Clken t~GreDn
~~ t 4n a Lvfl~r -1 U(ltVA-lJ Aiv uu OJ v p~rf~rr1 bull 1 Jl ~ middot1 I t ~ti
The evall1at bn systcn in tho N1S senll bet nm(h gTrc10S
in a Seven-point scole which will be IS f0110W~~-~
bull bullbull bull bullbull bull bullbull bull bull bull
(4~(ii
( iii) (iV~(v
(vi) (vii)
(f)
( )
7
outstanding (0) 70 und ~OVG A + bull bullbull bull bullbull 65 to 7 I A bull bullbull bull bullbull 60 to 65 B+ bull bullbull bullbullbull 55 to 60 B bull bullbull bull bullbull 50 to 55 C+ 40 to 50 c Below 4(~
~
In order to be declered successful in my course a student will h~ve to secure ~ny of the-ffr~t fiveshygrades Above given Those who re p1r-ced in C+ no C c1tegories will be accued to h1ve if-liled in eu oourses
Pronotion Rules
ProDotion iron 1st Tirlester to second Iriafster rome fra 2nd Trinester to third Trirlester will bG utotio irrespective of the rsults in the vnriou8 lxnoml1tion However pror1otions to the Fourth Tritlester 81111 be only to those who h~ve suooessfully aloorod rctlelst ten out of the 12 Cl)urses in the earlier three Trirlesters If a student has fdled in three or nore courses in the first three Trinesters tAken together he slnll be aaimed to have disqualified tQcontinue lS q stunent of the NIB In t1e case of those who cleared ten courltes out of the twelve they lJlY ltlpear in the renaining two oourses AS
Ex-students while continuing as ~ regu13r student in the seoond yeer
Sirilarly student DBY be autooatiolly proDoted frcrl the fourth to the 5th mn 5th to 6th doritlg tho second yenr His proDotion to the third year 1 e to tH 7th Trinester shlttll be only if hl sucoessfully olellrs a llinLlUn of 20 COlrses
The sane Patterns will be followed for pronotion fron the second year to the third year lnd fro tlirCi ye-r to the fourth year ffilO iron fourth yOll to the fifth year
N~ stUdent will be 1l11owed to avoid tlking ~nY eXlrdnashytlon on the conpletion of the courses excepting for reascnable cause for which prior perniss ion Dhou1d be secured fron the Dire~t or Further no S Gu(cmt will be eligible to take qn exanintion in 11 iltivcn course un1ess be has to th0 SAtisfaction of the teolnr cmcerned fulfilled the courSe reouirenents mrl hns sGcureo not less th pn 70 8ttend 9nce in the class in Sid CD tJrs e bull
cnntlt1 bullbullbull + 8
8
(g) TaOh 1~n~g Meh~il~ v ~s
The Nationnl Lqw Schecl VDS onplQyod vricrl tu~ch Dt3thods in ord er to pronoteIlLllt 1-4 iq oipltn~rT Cl1nll
~n1-nT qCt JDpreClalJ10n+ Jf 1ens0 B~s- ir~est lea1 prOD let~re~~ t1e ~cnool stall Grlplny SeninnLS tuitC)r ClmLCampL experlences Field work resealo1 (tTld Leg8lwriting Ill Ilppropri~te C~Urs0s cQopltlQt tve te~tctLY)g between teaohers 81 oliI erent S Db ~-C 8tS tr) be enployea to [11xinisG of the learning POt l-tj~_l tf) st udent
Clinic31 LeR_ql Eno(tt1011 r1~Rt f~rn ( Tl3ltgt rr- T~r 8pound p 8ssiual leglt1 eCuc9tin 8t t1G 1-~i2T ~l La SC1ClCl ACBdonic C~)uncil Te G nicnl O1 UC l shy
ti011 the first Cif the LLB 8 DL1e C0c credit nay given to fh2 t]J-tlng S un ts LYl clini courses
(h) Fee Structure
The tuittOXl fe8 fDr the LIB pTDgrrne co yelr nlY be iixeo Rs 1500- which ~oY be cCillsetccl tn 3 equ 21 inst Cllnents 8t the begilli1 ing riccstcr If foe is nct oepositBr1 within a week beg-inn elf the Trirl0Jster it l1qy collector 1qtemiddot fee RG 1- pcr (1 1] till tbe enfl ltIf 20 warkin c ~ys bull () Wgt8 ftleo to P~y iEHS vrjthin the prescri1o~ p2rio rl llte fco tffh)jr TI0T108 11f1Y be struck off f~~lt)~ t118 r~)118 They c nn be X-rv)nittc(1 on J)1ynlnt of rc- jSG ion ~ e Df Rs~ 100- an(l -l lt f1CtOTy r)pD1i ~)f ~TO$reSS ir~D H1Y teRche1 of tlte F~culty
t~J first tel p c SL1r ~~Tlcr Sl- jVLtiES
In 8rcler- to fttr~ct Deitorious stufients frD~1 te s ~ciJ-c~)nonic strJtl nf sc iety it is ~bs )lutlt)lr l1dC8SSry- for the NLS tn ioe AS ol-rships TIC sttpenos coS jJossible It ill bc to 1e 50 of the stu(Jents bS(y enjoy such S Every effort s])uld be e to seclJre S1JO~ OCOll~)Dic
L1dUC~rlents fJl prorlnting sctQ12Iship t tIle 18ss plivilegeo sections of SOci0ty
The 118 stuoents niW be provider Solmiddotn ip8 of the vlue of bull 500- q nonth 10 bull The S cho10lships rlry be lwcorfi ef m the bls report
~ 9
pound Sc~olr81ip CD~~I1ittee t be c~nstitutoz~ the DirGct81 with r~nbi3rs~ip tl1re~3 or )rt tmiddot -chers NIJ~ TttG SchclsrDhip Co~ittGe 11 pound2-8 i-ts cvn rules r-ne procedur0s wticl I11Y bG ~prJv~r1 y tl)8 Direct 01 ~he awnrd be given b~s ic11y on tcnderic ileIit)f c1Ylcliote H~vevert ec)noYic s-tus anc the s~lcil bickgrund of trL8 c~ndid3tes f~ ~-) be thore lnt cJns iCaTIt iens
Besides Sc)-lrsbips in deserving C1SeS eX(mpti0n fron Paycent of tllitinn fee lay Iso be grn-teooll tHl rsshycl~lt)end~tions of the Scilolrship OOle1ittee
(j) StlJdents nosidcmco
Tho ACCtcl r3r1ic Council strongly lccor1nenos t tle Jfutimiddotnnl Law SchODl be kapt purely ~s P J(8idcnti~ll University vvherein 11 the students bo r-uJrec t) s t y LD tle Hnlls 8pound- res io ellce provia r fpploven by the University Of course for suuconts bo1onging to Bmg-lori-i City the University nv ()xonption 1IOT res once in the University HDst cJ1siflcref1 ne8oSSAry Ii the lJ fJtionl Lnw School is unble to prov-ide it3 own hostel f8cilities it1~0dimiddott Jly it ~8y npprove such t-cc)fr801ti0n in th0 city ~A~iic s isfies tho reqllirenltmts 8pound thll resiltiontiql ckrc~or of tle University for purposes of stuDcnts 1 reBi(~ence~
~h~l1gh tr~c ClCC0Cl00ation nayhavo to be subsidised by the Universitv tho bJQrrlLvu ChQrg0s will -V( t~ bo cntirely D-GC by tho stuDentmiddot- ~Jihe bQa~ing c1nrccs DY incluo8 the sal(l~y of ossentbl stgtff Dainilined in thG Hostol by tl UniverJity+
(k) IXOlmU Clf stu r1ents md te~chers ~-~------- -------shyTho ]ITti~nl Law 8011001 ny initirte steps to nrrmge for 2xchnnge stuc-ents liId tS p c1exs witll other reputed Lltfl Schools within I n (l i3 ftnd outs ice FClr purpDse if stu0Gnts ~re inviued t8 ~nother L~m Scl001 0n~ un(lort ~ko courses )cQ()rding tJ their regQl~Girns they nay be given due credit witr tho ourriculllJ1 prescribec nt the [rIB
l18sters vrt th three courses in olt~c TrtDesterbull
nay be selc cted by the ~dniss i011 CHl1it-tee
10
on t1t bosis Df their PDSt QC80enic ltJc8rd pnrticllrly
~t the LLB level The Adoissicn CGr--ritteo C8Y J~S0S8 their
l1ptituce for higher studies -nr r~se~rch in l~uf en1 tl-Je
suitQble reoolrJenc ions for their ~cT1ission C(1~ljssi0n
Gay bo done thr8ugr~ nmiddotn int crvievi bes ides ~BS08G~nt )n
d8cuttentary Dtteri8ls
subject ELrODS of crtst utimiddotnrl lZV1 crif1i-nl J~w irct-)rnltti)n~L
11l 8110 corDerci(11 Inw The tctu-11 subjocts rgtf tl~o CQLl1~3e
in ~ny of these subject ~rE38 DfY 0 decioc r1 nt ~c giCl1jTIe 0301 lGnT ty the Fcculty CiDCGrner1
The conpulsary c)urS8S f0r LLM shll ~S fo 11oyts
TC)oing Llothoos ond Curriculqr 0(veloprcnt
In0i8ll LeGal JhilQSDphy (n~ Conter~110r)TT J ~Jheory
(iii) Constilutinn Writ
(v)
Tile zistributi0Tl of the 12 cDUrSGS i1 TOG
TrJi03tcrs fer bullbullbull 1 fly be
rs fl1owsshy
11 Ee ~cl1ing IllethQ0s and Curiculur~ Dove l~l)middotont 4 cr 1 iI 2 In~ itn Leel ~Plilos ophy ~J1fi C~ntcnJor
I CY[hcory 13 Course OD subject sr09 - optian 4 cr
SECOl~D THIMESTER--------------_-~-~shy4 era21 Ecsecrch TlIetr6~ology ltmil Leg11 writing
22 Constitutionl Lw We HlUlDl Rights Jurispru(1 ence cr
2) Course nn subject oreq - option cr
THIRD TEIIV[ESTEn ~----------- t cr ~Lnw Society emf DevGlopncmt~
4 eX 1shySeT innr Y select tOPlC - opv1on Ii crCDurse on r~ SUbjlt3ct (1971 - optiQn
51 i 11 shy
The eXElDjnat ion p ttnn for LLM will 1leo be the
S8L1G nB suggest for LLB H)wever besides ilt8rnnl
eXlDi1()r for every COl1rse in LLM there sholl be TXl external
8x~lCliner as we il bull The questions however shell be s only
by the intermll eXEnL1er If the difference in vlurtiim
between the i1t ernat exariner auf the external Cx~in()r in fl given COUXS3 is less thtil 207~ then it vi11 be 000tl00 th8t the
aaes assignod by the intornnl exaniner shall bJ iTJ gra0e
tD be assignee to thD candioRte However if t rG is D oiffercnce
nore th2~ 20 between the intrnal md exti3rucJ ll1 given
c)urso it 8rlt-11 be referred to a third exrn1inc~r outsiclo tre
National Law School whose evlultim shl11 be Il~e score to be
assigned to the candidate on thHt subject
Tuition fee for tho LLM progrlrlrJc be fixo(l 01 TIs 1500shy
for tho full course at the b oginn ing elf Cqch Trinestor
nr M Phil Progra3o--------shy
rho M Phil progrrU18 is to bo for one you c)xiending
to 3 rrinGsters It ShBll be exclusively cons istlt)d of research
8110 tolching Every stunent Ilonitted tel the M Phil rrofr~rle
stHII have LLM clegree and will fulfill the te1cing rnc
r8SCQrcJl reguirODonts prosoribed by the FFculty tIle HIS
In order to be eligible for M Phil degree besiaes
c)nrlCt ing the teSlching 4nd research req uirenentJ during the
yoar eV8JI cnndidst0 Dust sUJnit the rlBsert~tion gt11 - t~)pic
~Dpr0ved by tle f8cu1tY Ihe desert~tion Sh~11 be 8tC]ine(1
by two extern8l CXfniYlers suggosted by the foculty n( nppr0ved
by the jcdenic Council The degroe shall be confarod to
such of those cllldidtlt3s who roceivo varible rerts on the
desert ot ion fron beth the eXAniners If there is c ifferenoe
of opinion oo1Clngst then it sb011 be referred to D 31d eX8iner
Ind thG oecisicm of the [Jajority 8h[11 be finnI
con-cl 12
12
For the 1 Phil prcgrne nJ tuitbn bo csllected
HClwever a SU of TIs 1000- be csllectof yvcry ftllint
DJlnittecl t~ the ]1 bull Pbil progrlne townr18 lJc1 ion nd ftilitios
thl School
v
in vvhich it CJY c8nfer )n LL(gtD (jegroc~ lhe 11) 1)
0xc1us ively on ttJ b(lsis of C written thee t J
whJ hel9 M Phil degree fron the National L8W Sccol
Every C8l1dieJatG registGrine f)1 the 1L]) PozrrIJ18 be
required to be Ll residence at the Nstioncl L2W Sc1icJOl fJr
qtlesst ono (lOaOoOic year durLlg vihicb they SIh 1 cng in
S l)ch tCaching nne reseerch t)S SSS ignc(l to tbG1J 11 J DirectDr
If tho Un i versi ty
five
iiifferJnt nrtogorics 8pound t02chcJS~
(c) cift[S )rs
(bi l)ss~ci-to Jrlf~sscrs
(c) Jissist-nt Ij~0fcsZLrs
(f) l(J junct Profess Irs
(0) Ron
All the qbove professors ssocilte pTC)Csorp nt1
Assistsnt prOiOS30rS sh11 be r8gu1lX teocDaXs nf 11 ficl001
oC1wing the revised scnles of py pT)scribCHl by t1 ~Jnjvcrsity
Grnts COiJr~jssiol1 Tho sC11c prascribef by the UC bull -Yl(1
lt1Plroveil by the clenic Cc)IJl1cil fC)r the v1riupound m it ions
810 tS jvon bolow~-
p~ y structurc (f dj~ffcrent ote~gnr ics Df t()ichG)~8 Nt Law S chol of In1l ~ fin ~VijrS ity
13
1 Prcfessors Rs 4500~150~5700-20077300 2 Associate Professors Rs 3700-125-4700-16Q-5300 3 ABott Professors Rs 2200-75-2800-400-4000
4 AssttProfessor(SrSoale)Rs 3000-100-3500-125-5000 5 Adjunct Professor Rs 1000 PM (conso lir~ted)
6 Hony Professor TADA for visits 8ocOr~tng to rules
Besides pay te1chcrs will be entitled to Dqrness allowmlce as prescribefl fron tine to tiw by the Cmtral Governnent me onnroven by the ~xecutive Council Further they arc entitled to Contributory Provi(lent Fund and Gr0tuity blnefits 9Jl 0(c1red noer tho rules If they lrC not proviied with nocol1Liodqtinn teqchers will orqw Hnuse Rent qllownoe 213 preScribe by the Central Govern1ent for E class Cities If acco=odation is proviCled by the School 10 of sillary will be deducted towBroS house rent
Out of the above scales the Selectinn COLl2ittee will hayti the freei 00 to reconnend enh8l1ced salary tn tlose cons idered
olrtstrmdingwho nrc selected for Ilppointnsnt to (t TIB
In the initi-l stages it is rscrnnendod lt (11
apPoixltlJents of tecchers in the ~IB includingthe reulr
teachers be on 0 cAntrBct bQsis for a period extendL~g upto
3 yeajls The iccdenic Council has npproved the tsr-s of
oJ1trwt cont incd in the nodel clntrct enclosed ith these
nL1utes as Appendix
To begin with the Acaocric Council )greos wimiddotth the
earlier deoisions to have five professors five oSfjocinte
Professo2s lnd three Assistcnt professors to be BPIointed
forthwith However these pOSitions n~y he filIon only if
des erving 0 1nd idates are IlVliLlble for appointent
The io(deric Council h8S noted thgt (l(1vJXltt e~ents
for filling these posts have alranoy been given n(1 18rge
nunber of applications fllWe teen received in r(lSpo1S8 to the
ltcvertiserlent In this connectim the Acafle-1ic Cnunoi1
strnngly reooL1Lends thqt so f1r s the pOSitions of profess oxshy
s1 c(gtnccrne0 the Sollct iCon COT1Jittee 1PtY be rC0UGstcc
t) cons ider ouinont lqw teaohers in the OClunt ryr
hlv cpplied in responstl to the qtvertisonent 1nC rocoDime
Hl cl~ perD(gtnS WhOI the NIS Gqy L1vite suitltJole trns this
c)ntd 14
14 54shy
is necessqry in oreer tc enable the NIS to hcrye c CClre
fsculty of eninent aOndeDics to develop the ~c~~vit of
tne school during its infPLCY
111 teachers c11e(1 for interview ncW be pei(l one-
way 1st Clss train fnro fron their p1ltJce of rosiccl1CO to the pleo 0f inter-view It is s ugf~csteij tht if nccGssry the
interview nay be helo at BmgclClre ino Delhi
nininise expond iture enCl will be he Ipful t the c middotmiddotncl ia middotto
~re teachers in v8rious Universities
All regulnr teachers appainte(l L1 the
provided living icco=odticn by the School n cess ry the School Dy t~ke flats on lease fnd provife it t) tbe
teachers fron whon the rent aocording to the Rules by be cOllected
of persons ny Is 0 be incluiled in fncvIty
(8) Adjunot professors
In view the need for teflcl1ing Soc Sci(mce
subjects in the intogrlted Iw cllrriculun it is noces11ry
to hrvG Social Science te3chrs 8ss0ci8teo pitll middot~~O iculty)
Sinoe it ny not be neoeSS1ry t l1lve then 8S
atleast in the ~innLllf the JuJ10elic Oouncil rCCmiddotmiddotGnts crefltj CD
nf four P01t tine Itc1junct prQfCSSClrs in the BubjioC ec~nJlicsy
Sociology Hjstory nn English They nay be flPP[)ill ( fT(r
servine or ret ired teachers of City c~llegBs in 13 1010
They coy provided 8 nonthly honorariu[I cf lis 1000- ~nO
tbeir ClPpoL1ttlGnt be for one yesr renevcble t of the Director A 10CBl Selectim OOlJnittee
by the Director in orOOl t C loleet the Ad junot T-f mS0rs bull
oontfl
55
It is neceSSary for the NIB to Bssochte Sr nc1vooates
md eninent jurists in the teaohing md researoh progx2cDcs
sf the school The Acadenic COllncil tberaiore ncolmends
that a Panel of distinguished lawyers and jurists be invited
to join school as Hon~ professors They nay be invited
for a tern of 3 yeArs dur which they shall sJond stleast
one Llonth d lrring the year in tead1ing pJ)d rcserrclt the
School When they visit the School for teaching nd resenrch
the Hon professors DlY be given the neoessary hospitlity
ana wherover ne cess xy TL 1ccoriiingly
The icadenic Council hls ~greea to t~lo sUB~oJtion of
the Director of inviting the following sigh pltlsms S Han
prOfBSS ors
(1) Shri KK Venugopal
(2) Dr LM Singhvi
un 3h1i Soli J SOXabjee
(4) 3hri Fali S N prin31
(5) Mr Justice PN Bh~gw~ti (6) Mr Justice VR Krishna lyer
(7) Mr RaJethr1alani
-lte) Mil-bull P~ ltJ-UYrftFl~
(c) Research Associates
Tho AcacsLlic Council feels thlt 8tleast fo e yegr
or two the flculty nay have to be given sonc rcs
support for preparation of telching notltsriaLs lud coordinating
the teaching progrnnns 101 this purpose the cric Council
reCJIlGenoS the appoictuent of two Research LS80qi GS who aremiddot
quolified with an LLM degree They nay be seleol 1)y the
Directox and nay be paid a cmso1idlteo sun of Rs 1200shyper nonth for one year
(0) Panel of Experts
The Aoadecic Council recolJr1ends the following 15
nanos to be included in the PAllel af experts I)r b8
contmiddot~l bullbullbull 16
16
invited to the Selectim Connittee for Faculty p0sitiol1S in the NIB
Ponel of Experts f( the Selection 0011nitte08 to be cmstitutec fr Fou1ty seleotion in the Nntionol Lw School----__--__-------- shy1 Dr S K Agraweln Vice Cn1ncellor l~gra Univ)rsimiddot~y lgrn 2 Dr GS Shrna Ex-Deem FlCultyof Lw J~iPllr
3 t Dr (Mrs) licG Jacob Director InAiBn Law I1stitutc1 1r1Jlr2i
4 Dr 1arlt3 Divrom Ex-DeFm Faculty of Llw Chm(~ isrl1
5 Dr Sp Sharna Dean Fqcu1t)r of Lw KCluh-s)otr University
6 Dr S P SRthe PrincipAl ILS LRtV Cjl10go~ une
7 Dr KB Rohtgi Professor of Law Delhi Univcrity
reGen Uni
9 Prof GV Ajjappa Derm F1culty of Llw Krnt-kf University Dharwar
10 Dr Upendra Baxi Professor of LOlW De1hi Unjv0rsi-y
11 Dr SN Shukla Ex-Den FClllty of 111 Lll211obnc 1Jnlversity
12 Dr RK ~i[ishr3 DerI11 F8Clllty of Low Bmcr-e ~jn(11J Universi ty
13 Dr Misheh1l1-Hss~m F8culty of L Aligrh Nuslir University
14 Dr KD G~llr Dean F~culty-yY f( c Ij vfk Y h - 41
(1) Leg~l Services Clilic
services clinic in the NIB forthwith It is eas n~ t8 pive
the nocess~ry support to the clinic81 e(~ucpti)n progrr1rroeuros
of the SchooL A Fgt1Clllty Conittee tiny be cDnstiiutcil by tre
DirGctor for the purpClse which D develop the ll TOS
to be irstituted Bn9 the pBrticip1ti~n of stu(1miu 10 be
decidsd in then In order to orgnise the clinic the
first instrgtncea sun of Rs 10000- DlY be provjelt by the
NIB It is expecteil that the Clinic will lterm s uppcrted
by the St~te Legl Aid BOlrd 9Ud the Centrl LGg~l services
1luthorities
for the orglliz~tiCn nd fuuctL)rJing of the Lug
Clinics
17
(D) Continuing Educat ion Courses
In order to n~ke the best use of the rusources of the
NIB for the coonunitY3nd to nke its progrrulD0s 80eie11y-an~ proiess ionally useful it is suggested that t~10 IrIS nay
engaije in l series of continu ing ed uc it i-n progr~tJos for
different sSllcents of the profess ion including l~w t Gpc1wrs bull
Of course these progr[]ues r1Jy be f k1anced by t10 spcJllsoring
lgene] 1l10 NIB nay provide expertise of its fcuHy no
organizational ssistlnce
In this connection a beginning nay be 1rJ]e by offering
to the Karnatltka Governnent and to the KClrnatqlm liiEh Court
for the training of its officers in the Law And Jll(icictry colrtrlents
(n) Research 1l1d Publicfltions
In order to strengthGn the teqching progJnnes of the NT tmiddot bIt t 10 bull h 1S a so U iltJy necessary 0 uave on gllne rese[ro
projects 011 various aspects of law in develpncnt rhe School
nay seek funds fron Agencies within anCi outside t~c governnent for sllPllort of its research activities
In this connection tho Lcadenic Oouncil welcQnes the oecision to publish books on Econonics Sociolo[y
History Politic~l Science end English for law stu0nts by
the NIB It is desirlble to get thase nat)lials sllit~bly
edited by the Sr Faculty of the NIB and publish i1 the nane of the NITi
Bes iaos the above public9tion the liIB sjoulrl brillg
out an Half-yearly Journal on Conterpor~ry DevolojlrJGnts in d liferent brqnches of law 1~lt rqy be celle( the Nationnl Law Review and it nay be funded by the lHS itself
(0) A Centre for 1foI1cn and nd Law
In view of the incJeasing inportBnce of HunAn stuiell
18
end support be jng offered by the Univers tvli ~ L1 G~t~gt1
CotlTlission anfl the liiinistry Of HULlrm Develoment middott le
NIB should set up a Specip1 Centro for stuCiy issuos jn trw concerning the stntu8 )f wonen 8uithle proj~cts D-1y
be developed by the Faculty nno Jppropriate lSS ist-nce
sought~ fron fUTIr1ing CenC10S A cp-lti i~-~I+~fltvUlYJ v ~~ ftl1++Ov bullbull ~~l
[jay be constituted to look lfter the developnent 0f this
Centre
(p) Institute in COLlpartive Law
The irlJ)rt~oe of c0nr~rrtiVe law studies r
scholArship ClYJC Internrtiolll relatiUs Cilntlt bil rvorshy
enDh~sizec Inview sf the rnle )f our cOl1ntry in re3i)n~1
cooperation -4l)a Internati~)n$11 ldllti0us LYl InstiCUt0 f
Conpar ~tive Lw is nost IlpprOprillte Ll the NL 2is 11
give the neoess-ry legll support to Indias posi- in
SA1RC countris rnd the TIn-81ignc-n rovenents It ~ iv rIS)
org1nise spooi~lis8f studies r0gion~11y OT cotntr~-1fise
In this regard the Acnilenic Council rccocows oi1
lt)ttention to tho study of Sooilist Leg31 Systcn icul~rly
bec~use of the ncnd to (levolop socialist JUT lSlu(lnco in
the present com --xi of Incia
(q) Libx8ry Developncnt
~in Institution like the NatirYll Law ScbCDl ~J1Dul(i
aspire to o(lvelop librnry fciljtios 6ujt1-110 tel c tGr to
its ao0(lio and researoh cgtrritnents Of course ~ wi
tke fl long tine and a suitnble p1n snoulil bo lovcloped
by tho libr1ry stf of the NIB Me luwhile the ITIS sbv16
-nmroaoh the funding I1gencies within the ccuntry ~lY 8utsi~o
for its libI eery icvolopnents
18
The Pore FOUnGRtion iu IndiR nay be nppro8ched to ssist
the librry in securing volllnes of inpelrtnnt fOIcien
legal periodic~ls and to Gnrol subscriptiDn f0I CllrJO1t sues )f thse pllblic8tims
Sinil31ly the GoverUDont It the CentI -1( in the
st ss Day be nPIJroached to give atlease one copy of its
public3tions frse elf ohlrge to the NIB Library iIecnwhile the
0ssential reports and textmiddot Books ny be irL1ed ictely purchnsoil
befor the connencenont elf the Lonaonic yo 1 bull
(p) Institution of loadenic Chairs
It is an excellont idea to ssocite priv1te
philanthrelpic institutes with the rlevelopnent of tfIS Besiiles
seeking su itnb Ie donat ielns the Acanenic Council rC1celrrcnds
that ina ividuOols nnd institutic-us ny be appronched to L1stitute endDvlLients f8r setting up tte AOf)c(mic Cpoundirs in
different brpJ1cf8S cmiddotf law It is estin~ted tht Cllrir
nay need [ill End ownent of lis 10 lskhs t lt) S UPI)Ort J~cofess Oshy
ship qne necessary staff
DmECTOR 12-12-87
SQf1 -
2007
ANEure R-J13 amp1
1inute of the leeting of the Executive Council held on Saturday the 27th Januan
Item 0 2 - Common Entrance Test
It was resolved that
We accepT in principle holding of a Common Admission TesT but we reiterate that the responsibility of conducting the CAT should be with the NLSIU 50 that the same standards can be retained
Item 0 3 - Ratification of faculty appointments
RecLUltmem - ror raritication - VC said that the consent has already been obrained by circular
Regarding 4 additional increments to Mr Sairam Bhat
The committee disapproved the additional increments given to k Sairam Ella as it is not in confonniry with rhe UGC Rules Tile increments given to others is approved
Item 0 t - Ratification of the administrative staff appointments
The Regularisation was not approved since the procedure was not tolloved properly EC 1tll1her felt that there should be proper records maintained in the process At any cost the backdoor entry shall be avoided
It Vias resolved that
The Registrars olliee should prepare a note with the individual candidates derails and a proposal can be made to EC with the relevant information about their service pay confidential records nature dUties educational qualification etc Also whether the candidate is qualified or not With the complete information the note may be placed before rile Executive CounciL Untillhe decision is made the consolidated pay whalever Tiley were getting should b paid If necessary a meeting may be arranged as soon as the infonnaliol1 is ready
Item 0 8 When Prof Hegde raised some objection regard1llg the irregularity in paying the adcitional increments the Committee insisted to make a formal complaint then they will look imo individual cases
The Committee also suggested lO prepare rhe Rules if already Rules ere available and if modific3rioll is required make a formal proposal and place it betore the EC
As regards fuation of pay to Ir Somu C
Tile EC disapproved the appointment letter issued by the Registrar Howeyer considering the plea of the Vice Chancellor the Executie Colll1cil suggested his presem pay of Rs 25675middot may be protected and new appointment letter may be issued with the relLled amount ie Rs 25000 and not 29000middot
Item ~o S - Investments
The Committee was of the opinion that the office should come out with a proposal ghing a clear picture indicating where it ill be invested- hat is the present rate of interestshywhether to invest in public sector or government organizations and not in private institutions etc and which mumal fund you prefer and reasons for the same The proposal with all the above information may be placed before the EC jx its approvaL
Item ~o 6 - enhancement of tuition fee
Approved
Item ~o 7 - Pension payable to Ms Pushpa eeL Dept
It was approyed and informed that the same pension mte can be appUed as it is applied in other cases
Item ~o 9 As re~arcls inIormation to be ginD under R II
It was approved that only the resolmiol1s can be given and not proceedings
Item ~()10 - Revision ofmerlical budget - Beerappas cae
It as agreed to revise the medical budget
Item ~o 11 - Agreed
Registrar informed the Committee that Prof Bebu Mathews lien will come ~o an end by 3132007 The Committee felt that h silouldjoin before lhe date and if not illS lien will nOl be extended
t~XI item - approved
Item ~o - Increments to those who have reached maximum
The COlllmittee recolllmended that a proposal proposal may be placed before the EC based on rhe CGC Rules for graJll of increments for those who have reached the maximum scale Bused on the proposal the EC may gram some stagnation incremem as per Cemfal GOt Rules
Registrar inf()rmed the Commillee that he is nor genillg any separate allovuce for holding Ot1ice ofRegistrar as he is doing both administration work and also teaching
The Comminee was of the opimon that Ie the maner be placed before Ie with a proper proposal - 11l order to finalise graming of a special aEowancc for a Professor whe11 he is appointed as Registrar during the IeIm of OUice of Registrar
Item ~o 27 - ASLEA Conference
When the Registrar inionned the Committee about the receipt ofRs 1900000- from the UTI Bank towards organizing the ASLEA Conference und that the same has not been rellutted to -rLSIC the EC resolved that
whenever such Conferences Seminars conducted with the coordination ofthe -rLSlt a detailed repolt must be prepared showing the amount received by the concerned Departments i sponsorers xpenses incurred what is the income earned by -rLSru from those Conferences Such reports lUust be duly certified by the Registrar and the same should be placed beli)ft the Ee
Finally EC strongly reconlllended the -[inutes of the Meeting shall be circulated tor approval immediately_
Item No P 3
GRH - Some adyance increments would be -let that proposal come separately Some of the - those who hold the shy
Increments only for the Lecmrer and not for the Asst Professor because he bas PhD Mr Sairam Ehat
UGC Rules - AJD - With the modification for
Let there be a proper note circulated
Sairam Ehat - increments to tbose who hold tbe lecmrer post - Registrar denied shy
Make a proposal for amendment of Rules - we may apply the rules
IF you find any rule - please make applications - before Ee if it is fare
AJD - posts are already there - but here is a situation wherein certain people are working since so many years - who were recruited directly - since 1998 - at that time we were not in a position to appoint shy
The Committee should have been constituted by EC - do not violate the mles
Call for application itself is out of question- they should also face the Committee
They ere on consolidated basis shy
VVK-
You can regularize - there should be some record - prepare a note call those employees - back door entry should not be permitted - we are not against them - the power has to
be exercised by the Ee
Who had approved the internal circular - VC admitted - he himself - it would have been discussed in the meeting Let them also know who are the members of the
The Committee took a decision and authorized Justice Mallimath to take a decision about the
VR Reddy ad hocistlJ should not be there some kind of a procedure should be followed - middotou may appoint a complttenr persoll- but procedure should be foHowed
lallinath m accept his OWI1 statement and pay him only Rs 25000- and nor 29000-
It shall not be treated as a precedm-
You may refix it and ensure that it rotal should not be less than what ~le is drawing 110W
ANNPorsR-14shy
S)finutes of the meeting of the Executive Council held on Sunday the 13th -Iav 2007 at 1 000 AJ
Item 0 1 Confirmation of tbe minutes of the previous Executive Council meeting
With thi permission of the Chair certain decisions have taken at the EC meeting a report of rbe action taken should be placed before the neXI EC
Item ~o 1 Search Comminee Chair Professor as LS1C
Resolved to constiTIlte a search committee consisted of the following members for identitymg s1Iimbie persons for the appoimment to hold the position of the Professor of different eilirs at NLSIl The committee shall be entitled to consult distingUIshed persons for the position the searchcol11mittee shaH plaCe the names so selected in the next meeting for (ile tina decision
1 JUSTice vfaIimath 2 Vice Chancellor 3 Shri Patnaik Silri VR Reddy 5 Mr Gopakumaran air Chairman BCI
Tile members of the EC have requested to suggest suitable names Registrar shall be the Ex-officio Secetary to the Committee
Item ~o 1 The EC consrituted a Committee consisting of following members to tinulise tile niles placed before the next EC
L 5111i BS Reddy 2 ShriDesai Chandrashekar Kamataka Bar Council Chairman 3 Prof V agaraj -I Shri BD Hiremarh
Registrar shaH be the Ex ofiicio secretary
Item 03 Common Entrance Test
It was resolved the modify the resolution to the followin1l ctIeer that the VC should take the stand that having r~gard to the pr~emin~nt pOSition ofrhe NLSIU being the pioneer in holding the Test it should play the leading role in conducting the Common Entranccent Test The VC is requested to persuade the other Vice Chancellors in this behalf
Itelll NO5 Resolved that the proposal contemplated by agenda item no 5 shall be finalized within a week and the approval ofrhe EC sought by circ1Ilation
1
Item 0 6 Increase in fees by Rs 140001- over lasT year was approved and confirmed
Item 0 7 Providing information under RTI Act - Based on the issne relatinl to the publication aboUl Law School in Times ofIndia under RTI Act aIld the issue of~hai can be released in the Press under RTI Act was discussed elaborately though no conclusion was arrived at It was resolved that the information must have leaked bv the administrative STaff and a stern w3ming must be given to them to prevent such happnings in the future
fain Agenda
Item 02
I Reguarisation of the services of administratiw staff
It was resolved to approe the regulanarions of services of the following with from ovember L 2006
i) ills Pushpa Kadam ii) VIs Vidya SG iii) vir Umesh iv) iIlr Naveen Kumar v I VIs Premll Kummi
Resolved that having regard to the exigencies of service becomes necessary to make immediate appointment the VC could make such adhoc appointments and bring it to the notice of the Executive Committee lllunediately in the next EC meeting
Further resolved that if the vacancies should be filled up as per the University Rules and Regulaliols and if ad hoc appointments are eligible to consider their applicatiolls as well The cases of Ms Gma Ms Jyothi v1r Gulam Hyder and Mangala Gowri were not considered for eguiarization as they haye left th se[ce long back
(3rinLoIlldence increments(QthQslt who acqmre ~LPhii and PhD desree
Keeping in mind the UGC guidelines issued on the basis of the Order of the Govt of India dated J July 1998 and the resolution of the Executive Committee dated of August 1999 the Executic Committee resolved to extend the benetit of advance increments to the members of the tcaching statT acquiring PhD or tPhil degree respectively as follows
1 4 and 2 advance increments will be admissible to those hold PhD and tPilil degree respectively at ihe time of recrul1ment as Lecturers and Assistant Professors
2
2 4 and 2 advance increments will be admissible m those who acquire PhD and VLPhil degree respectively afrer the recruinnem to he said post
3 Associate Professors oJlwards who acquire PhD degree after 781999 shall be eligible for two incremems
The aforesaid provislOllS shall be given ef1c to from 781999
4 Appointment ofMr Somu C
After an exhaustiVe consultation on the issue regarding fixation of rile pay to Mr SOlllU on his appointment as Assistam Pro1ssor the Execurive Council resolved to gram four advance increments in the pay scale of Rs 10000 to 15000- so that the total emoluments will be receivim could not be less than the total ellloluments he is recehing in the priare college vhere he is Sefnllg The offer of appoimmcl1t aLready lllade shall be rnodified on these lines
Item No3 Stagnation increments
The Executive Council decided 10 grant the bendt of stagnation increments contemplated to rhe employees of lSIC The proposal in the agenda to grant stagnation increment is approved
Item 110 -I Institution of Allen amp Overy Chair on International Financial Laws
The Execmive Council approved the action taken by the Vice Chancellor in esmblishing a Chair on International Financial Laws 1Inanced by vIs Allen amp Overy Londo It is resolved 10 convey the appreciation Bnd thanks to the donor
Item ~o 5 Convocation
The sltlggesled the tc)Uowing names tor being invited to be the Chief Guest lor the next Convocation
L Shri Gopalaswamy Iyengar Chief Election Commissioner 2 Shri YV Reddy RBI Governor 3 Shri Fali Slariman Sr Advocate 4 Shri K Pachauri
In case none of the above are not mailable the Vice Chancellor may at his discretion invite any other suirable dignitmy
Item -0 6 3 reservation for physically challenged candidates in the Admission to XLS
EC defened it to the next meeting The Registrar shall place before the Executive CounciL a copy of the Act the Judgment rendered by the High court of Karnataia and
3
- -
bt also a copy of the report said to have been submitted by Justice Rama Jois if available along with relevant judgments
Item 0 7
The EC committee decided to consider the incentive to be given to the staff members on the occasion of the Silver Jubilee function of tile University
Item 08 Selection of the administrative staff
The EC felt that the response to the advertisements being very pOOL steps should be taken to adequately advertise and invite applications afresh In view of the urgent necessity to carryon the administration the EC 3mhorizes the VC to make ad hoc appointments pending regulu recruitment TO the posts of Secretary Office Assistants and Junior Assistants Adequate steps should be taken for adwnising posts indicating all relevant details
Among the three members to be nominated by the VC under the LSIU Regulation 4(c ) the Chainnan of the Karnataka State Bar Councilor any member nominated by him shall be nominated
Item 09 Establishment of a Centre
Resolved to constitute a committee consisting of the following members of the Executive Committee to scrutinize the proposal and to take a final decision in this regard
L Chail1113n of the State Bar Council 2 Bar Council ofIndia member from Karnataka 3 Law Secretary
Item 0 10 Institution of Chair on Consumer Law
The Council noted with appreciation the sanction of professorial chair on Consumer Law amp Practice bv the Ministrv of Consumer Affairs to set up Chair on Consumer Law 8 Practice at LSIC EC authorized the University to convey the appreciation and thanks to the appropriate authority
4
ITEM NO17 171 COURT NO5 SECTION PIL-W
SUP REM E C 0 U R T 0 FIN 0 I A RECORD OF PROCEEDINGS
writ petition(Civil) NO 6002015
SHAMNAD BASHEER VERSUS
petitioner(s
UNION OF INDIA amp ORS (WITH APPLN(S) FOR PERMISSION INTERVENTION APPLN) WITH WP(C) NO 5762018 (X)
TO FILE ADDL DORespondent(s)
CUMENTS
Date 30-10-2018 These matters were called on for hearing today
CORAM HONBLE MR JUSTICE SA BOBDE HONBLE MR JUSTICE L NAG ESWARA RAO
For Petitioner(s) Mr zoheb Hossain AOR Mr Adeeba Mujathid Adv Mr Vivek Gurnani Adv
For petitioner(s) Respondent(s) Ms Roopali Mohan Adv
Mr Namit saxena Adv Ms Taruna Ardhendumaul1 prasad Adv Mr Piyush Singh Adv Mr Amritesh Raj Adv Mr Nitesh Ranjan Adv Mr Shashank saxena Adv Mr Ardhendumaul1 Kumar prasad AOR
For Respondent(s) Mr Rakesh Munjal sr Adv Mr SS Ray Adv Mr Vaibhav Gulia Adv Mr Puneet Gupta Adv Mr paramjit Singh Jaswal Adv Mr Ravinder Singh Adv Ms Rakhi Ray AOR
Mr Atmaram NS Nadkarni ASG Mr Merusagar samantray Adv Mr Ritesh Kumar Adv Ms Suhasini sen Adv Mr Leelesh Krishna Adv Mr Arvind Kumar Sharma Adv Mr Gurmeet singh Makker AOR
~) i
2
Mr sajan poovayya Sr Adv Mr priyadarshi Banerjee Adv Mr Pratibhanu singh Kharola Adv Ms priyanka MP Adv Mr Risha Agarwal Adv Mr EC Agrawala AOR
Mr Anand varma AOR MsShubhangni Jain Adv MS Manpreet Kaur Adv
Mr Puneet Gupta Adv ~lr Ravinder singh Adv Mrs Reeta Dewan puri Adv Mr PN puri AOR
Mr Maninder singh Sr Adv Mr Prabhas Bajaj Adv Mr Gaurav Sharma AOR
UPON hearing the counsel the court made the following o R D E R
The copy of the report filed by the union of India Ministry of Human Resource amp Development pursuant to order dated 13062018 passed in wP(C) No 5512018 be furnished to learned counsel for the parties
List the matters on 28112018
[ Charanjeet Kaur ] [ Indu Kumari pokhriyal ] AR-cum-PS Asstt Registrar
ITEM NO5 51 COURT NO5 SECTION PIL-W
SUP REM E C 0 U R T 0 FIN D I A RECORD OF PROCEEDINGS
writ petition(Civil) NO 6ee2015
SHAMNAD BASHEER VERSUS
petitioner(s)
UNION OF INDIA amp ORS (WITH APPLN(S) FOR PERMISSION INTERVENTION APPLN) WITH wP(C) No 5762018 (X)
TO FILE ADDL Respondent(s)
DOCUMENTS
Date 28-11-2018 These matters were called on for hearing today
CORAM HONBLE MR JUSTICE SA BOBDE HONBLE MR JUSTICE L NAGESWARA RAO HONBLE MR JUSTICE R SUBHASH REDDY
For petitioner(s) Mr Zoheb Hossain AOR Mr Gopal shankar Narayan Adv Mr Adeeba Mujathid Adv Mr Vivek Gurnani Adv
For petitioner(s) Mr vikas singh sr Adv Respondent(s) Mr Ardhendumauli Kumar prasad AOR
Mr Amritesh Raj Adv Mr Piyush Singh Adv Mr Nitesh Ranjan Adv Mr vaibhav shrivastava Adv Mr Sashank saxena Adv
Mr Namit saxena adv MS Taruna Ardhendumauli prasad Adv
For Respondent(s) Mr Rakesh Munjal Sr Adv Mr SS Ray Adv Mr Funeet Gupta Adv Mr vaibhav Gulia Adv Ms Rakhi Ray AOR
Mr V Giri Sr Adv Mr AKarthi K Adv Ms Rakhi Ray Adv
2
Mr Atmaram NS Nadkarni ASG Ms suhasini sen Adv Mr Ritesh Kumar Adv Mr Leelesh Krishna Adv Mr Marusagar samantray Adv Mr Arvind Kumar Sharma Adv Mr Salvadar santosh Rebellow Adv Mr Gurmeet singh Makker AOR
Mr Sajan Poovayya Sr Adv Mr prlyadarshi Banerjee Adv ~r Pratibhanu singh Kharola Adv rmiddotls priyanka M P Adv Mr EC Agrawala AOR
r1r Anand varma AOR
Mr punaet Gupta Adv Mr Ravinder singh Adv Mrs Reeta Dewan puri Adv prof paramjit Jaswal Adv Prof KD Rao Adv Mr PN puri AOR
Mr Prabhas Bajaj Adv Mr Dhawal Mohan Adv Mr Abhishek Adv Mr Gaurav Sharma AOR
For Applicants) MS M Sidhu Adv Mr P vinay Kumar Adv
Mr PS Narasimha sr Adv Mr SS Ray Adv Mr Puneet Gupta Adv Ms Rakhi Ray AOR
UPON hearing the counsel the court made the following o R D E R
Application for intervention is dismissed as
withdrawn
shri Atmaram N S Nadkarni learned Additional
Solicitor General appearing on behalf of the Union
of India ~linlstry of Human Resource amp Development
states that the Government has prepared a report
3
and shall further convene a meeting of all the
parties to these petitions NTA and the Bar council
of India seek their views and make appropriate
recommendations for the holding of the examination
within four weeks
List thereafter
[ Charanjeet Kaur ] [ Indu Kumari pokhriyal ] AR-cum-ps Asstt Registrar
7-+ 0( AMNI~URpound tlt_Ihi
2Q lt ( gt ( - -
~ ~ A
-
p V -~d T] Y-P~iCL of ~-lt)Eign Sud~nts thp drnissio is i-l~ be COI)iuct-d wit)middot the help of Inrin ~~Llt_~lon~
llgtrO~j ~n -t~poundO rgtSpctiVF cnJn~cies
1 r
lh- durtlon of tht course shall bE for 21 peri00 of (iv~~ j~lcaderrjic yeilrs j
CJ 1~ltJch acadeHic _divided into_ thceuroE academic terrnS J
f~lCh tE-rm called a orrimestErcent hDvin0 a minimum of 70 vJcfrki (H) days
C3 Ph- Icdcmic t(rms shilllordinarily be from lst July to --lOth -Septcober t poundrom 5th Oct to 15th Junuclry an(l from 1 (1 t ~l ~] AnlJ a ry to 20 t h A1ri 1 ~
~
6 l Irhp tu i t ton f~(~ foc th0 dampgree progr1fnrne for each yedr -
~~~ 1 i-gt ~ bull )~~jt7-middot which shall be collectEd in th~e IntlIcn~s 0t tl--H~ b(9ir~n of lt2Crk Trin~c-$ter I fcgte i~ not pdid i--hin a week er the co-mrnCncemlt2Ylt of thlt Tr~rgt~middot I i sh~~ 1 be C012Ectec with tate Jf if 1shyor c1~~y t11-l rre- end of 20 working days Can-didut(s who f) l te feeuro wtY)it the nrc-scrlbcd aerior] with ~ate
(fmiddot sri~)l rgtrnoveo -(om lt~G rolls ltH(~ they shall bEgt C~gt-j(1rrit~td onJy on pitympt 0+ rf--)cm-sion feE- oE Imiddot 100shy~(( 1 ~risf-1ct()ry rJport o~ progress ond conduct from 2 Tc~chFr of thp P~culty
In rpsnect of rrwl v acrni ttEO stIJcens admission wi 11 no )( com~letP lJJ11ess- thFY Pi)Y the prescribEc within Sonci fieod ti1le
6 ~ 3 Besidelt= flt( 2lt trl bp9inning of the fi--st trimestr of fdCn ypar J U CltiHldidatgt i (cQuirec to pay a sum of
tOWi1n1 xc1dlrHJ rnJti~rit~ls ar1lt3 a further sum of OWi~fU~ co-ctJcricu~~r ~nd ~tudent welfare activishy
~OL(~ Tuition )nc other fees paid by th0 students irlini ttEC1 to thi course 1 not Je Efundeci u~dFr- any C cumstancs
1
A1)Npoundx UltE remiddot-VishyTS
Academic Calendar at NLS
Resolutions on Academic Calendar
The Academic Council Meeting on 12th December 1987 proposed that each Academic Year be divided into three academic terms each with a minimum of 70 working days This academic term will be called a trimester
On 1th September 1988 the 4th Executive Council Meeting of NLSIU resolved that each Academic Year is civided into 3 academic terms Each term called a trimester has a minimum of 70 working days
Consequences of the Resolutions Tne mandatory 70 working days are spread across 12-13 weeks Each 12-13 week trimester extends to 90 calendar days 3 trimesters will require 270 calendar days
Ordinariiy students complete compUisory internships during the term breaks which vary from 30 to 45 days This year we had planned to forego the term break and replace it with a 15 day break between each trimester as this Is essential to finish evaluation ana assessment exercises Hence the Academic Year requires 315 days
Academic Year 2020-21
If hLS Admissions is completed under the NLAT 2020 Schedule the Academic Year will run from SeJtember 18 2020 to June 30 2021 This will allow for 285 calendar days this year leaving a 30 day shortfall We may preserve the Academic Year by further compreSSing the evaluation and assessment period to 5 days ThiS is neither optimal or desirable bul is the result of the delayed CLAT 2020 schedule Hence the Academic Year 2020-21 will be competed before the start of Academic Year 2021-22 on July 12021
If NLS Admissions is completed under CLAT 2020 From October 10 to June 30 2021 the AcademiC Year wiil have 263 days leaving a 52 day gap Even if we compress the evaluation and assessment Deriod to 5 days between each term and save 30 days the Academic Year 2020-21 cannot be delivered
ANNExOltE RJ
r Nithya Rajshekhar ltIegalnlsacingt
Letter from Nirma University Law School which has a trimester system for LLM and has moved away from CLAT for this process this year
$arasu ltSarasunlsacingt Sat Sep 12 2020 at 1031 AM Te Nithya Ra]shakhar ltIegalnisacingt Co Sudhir Krishnaswany ltsudhirnisacingt
bullbullbullbullbullbullbullbullbullbull Forwalded message bullbullbullbullbullbullbull From Purvi Pokhariyal ltdirector Date Sat Sap 12 20201027 AM Subject Thank yeun To Sarasu ltsarasunisacingt
Dear prof Sarasu Thomas Professor of Law amp Registrar Iational Law Scnool of India University 8anglore
Subject gratlCude for gracing Commermcement session of One Year LLM batch (2020middot21)
Dear SaraSJ Maam
It was Inaeed an absolute pleasure to host you for he commencement (Orientstionj session for our newiy admitted ere year LLM batCh of 20middot21
Your motivalional address infused new energy and enthusiam amongst the sldents during this testing times
As you know this is one year programme and il is expected to nurture pest graduate students with cognitive deeper unaersranding on specialised afea along with sflarpening their research and writing skills One year programme comprises of fhree trimester for our LLM programme And we were running out of time due to delay in centralised acmisison process through CLAT 2020 So finally in early August we have decided to change the mode of admission from CLAT to graduation merit So thai we can save time of our first trimesler and can compiete the programme on time Accordingly we could start our new LLM batch from 31st August 2020 I am really thankful to you for accepting our invitation for OJr format commencement ceremony You have been motivating and inspiring generations of SUdents throughlout aU these years and your words wiseom paved a new direction for leming for our LLM students received oV80Nheming feedback from this session and must be thankful to you to be with us and helping us for guiding our LLM students during this unprecedented times Tnis is unprecedented time and that demands the unusual responses and newadapatabiiity
Thank you once again
VVi1h regaros
Purvi
06011020 The General Body The NLUs was held The Secretary-Treasurer introduced and explained to the members various steps taken by the CLAT Secremriat in preparmion of the examination including a user-fhendly and streamlined website for the C onsonium and CLAT 2020 and a sample of tile revised format of the CLAT paper designed to test slUdem aptitude instead of prior knowledge of law The sample paper had also been $tlrveyed by students from LSIU The eftons of the CLAT Secretariat on both initialives were specially commended by the Members
Additionally he also briefed the General Body that the CLAT Secretariat had put in efforts to develop and innoduce free and high-quality study materials and mock tests tor aU eLAT applicants so as to not disadvantage those slUdents who could not afford coaching
21042020 Due to the ongoing COV1D-19 lock-downs Executive COlllmittee of the Consortium postponed the CLAT 2020 I examination from lOh May 2020 and rescheduled to 21 Sl June
2020 I 1--------+- __
17052020 The Executive Committee of the Consortium resolved to postpone the eLAT 2020 again (2nd eLAT Postponement) The Consortium issued a notification infoDning candidates that a new date would be notified by 0 I July 2020 At the same meering the Respondent No2 informed the of the large increase in the number of applications after the digital marketing initiative
---- 17062020 The Executive Committee of the Consortium met The
Respondent No2 presented the report oftlle survey conducted by the CLAT Secretariat to evaluate options for conduct of the exam given die Covid-19 pandemic The Executive Committee assessed the feasibility of continuing with a penshyand-paper exam VS an online computer-based exanlination The Respondent No2 also reported his effons in contacting I vendors to conduct an online examination I
29062010
7B
16072020
30072020
The Committee of the Consonium issued a notification scheduhllg the CLAT 2010 exam on 22nd August 2020 The test was to be a centre-based online compnter eX3m The Executive Comminee was Infolmed by the Convenor rhat a Vendor had been selected
A General Body Meeting of the C onsortiull1 was held The Respondent No2 intormed the Consortium of the various measures taken by the CLAT Secretariat including
bull Due to the pandemic simation the test centres were expanded from 67 ro 103
bull Detailed Medical protocols to be followed 011 the exam day
bull The mock exams schedule has been prepared and shared to all the VCs
The Respondent No2 also infonned the membls about the proposal for securing an insurance policy for swdenls and staff for the duration of CLAT 2020 exams He informed that proposais have been sought from various Insurance Companies and the best proposal received was shared with the VCs The Consortium authorised Secretary-Treasurer and the President to go ahead with the said Proposal
However certain members raised objections 011 the ground that the price for an Insmance Policy was too higb to bear for the Consortium tmd not necessary
A meeting of the ExecutiYe Committee of the Comoniulll of NICs was held The Respondent NO2middots proposal to secure an Illsuranc Policy fOT students and staff as a precautionary measure lor CLAT 2020 was rejected despite general support froln several melubers for the sole reason tlw it [$ 110t necessary and it il1vole5 huge amount and does not serve any I- purpose
~
The Respondent 02 did not share the Same middotiew
At the same meeting despite the Health and Safety Protocols and the conversion of the exam to a Computer Based format in order to accommodate shldents during the pandemic few members raised health concerns and SUgested J2poundstponemelll i l
of the CLAT 2010 from 2200 August 2010 Hovever the Consonillm resolved to decide the issue at its next meeting
05082020 The Executive Committee of the Consortium of NLUs held a meeting to consider the date of the CLAT2020 exam
The Test Vendor was also in place to conduct the exam 011 7th
September 2020 The Respondent No2 had also begun the process of securing an additional approval from MHA for the conduct of the CLAT exam and to ensure all candidates would be allowed to travel to the centres Respondent No1 mged the Consol1iull1 against postponement of the exam given the extensive Covid-preventative measures being taken at the centres and the need to preserve the Academic YeaL
The Respondent No2 shared a presentation with the Executive C01l1111inee detailing the impact of a postponement on the Academic Calendar of the Respondent No1 University and proposing a host ofoptions in order to accolmnodate members facing such difficulties bull for NLUs to proceed with their own admission process tor I
2020-21
bull aHow for CLAT 2020 to be conducted in two series so that Universities may choose an earlier or Imer date and
bull for NLUs to admit CLAT-enrolled students to appear for separate exams conducted by the NLUs with no further need for registration or fee payment
Despite this the Consoniulll by majority vote merely resolved to postpone the eXllnllnatiol4 to a date to be i
detennilled later
10082020 The General Bodv Qfthe Consortium ofNLUs held a meeting i fuwhere it was dcided to schedule the CLAT exam on
September 2020 Whilst this date would enable members such as NLSIU to complete their admissions without suffering a Zero Year some participants menfloned that it may be necessary to postpone the examination even further
L--_____L______________________-J
27082020 The Executive Council of the Consonjum took the decision to postpone eLAT once again
The Respondent No2 raised serious objections TO the postponement and also brought to the notice of the COllSoniulll the fact that the pandemic would only get worse it1 the coming months Further to facilitate the of institutions reliant on CLAT who would not be able to sustain ftuther delay he optiOllS already presented and discussed with the Consortium the Respoudent No2 offered to undenvTie the entire CLAT 2020 examination from NLSflJs share of Consortium fees in order to hold the examination on the fixed date of 7th September 2020 However none of the options were accepted by the Consortium
ANMEM01pound R1Ie atiouaj Law Scho()l of india University Ballzalore i J
inllts of the Emergency Faculty lerring held via videu confrrcnce euroIll 6th August 020
lullbers preent lts Iht Zoon1 ~iJn R-cOrGlng
1 PU$lpoThm~H ofCLAT yet again from 22nd Aligust to 7th S~pt(nber ~020
Contingency Plan to prevent a Zero Year
Disc ussion
Th- ViCt1 Chancellor Prof Sudhir KrlslmaSvarny informed that en1rgcHcy l1heting had been called to the decision the Executive C0t11ITliHe of the Consonium National Law Universities dated 05092020 to postpone the CLAT 2020 exam undl funner notice t was also informed that a new date for CLAT 2020 -as not yet finalised however it was likely that the exam would schedukd in September He tated that this emergency Facllhy Meeting had been
0 decide on NLSUs next steps
TllC Vice Chancellor infonned the Faculty he hud pHt forth the case of NLSIU lt1t the only National Law UnivilTsily having a trimester system before the Consortium members He infom1cd Consortium that delays in CLAT Nould unfairly prejudice NLSIU and set before them several alternatives including (1) allowing NLSIU 0 go ahead with an alternate admisslols process lor this
lild r) allowing multiple CLAT exams and go ahead with the date as proposed
Vice ChanceUor timber informed the Faculty that the CLAT 2020 had been postponed the hid time despite the extensive health and safety protocols and a rede$ign of the ~xam (Q a centre-based computer exam As the Covid-19 pandemic is only getting worse there is no justiI1carion for further delays
Fuculry il1cnlbcrs expressed concern that the trimester was going to be severely dt~layed as a
th~ postpot)CJncHt Undergraduate Chairperson Prof T Somnshekhar suggested going ahead vith an exam immedimely to prevent fmher delay and to explore using the same centres as CLAT
Other Faculty 111cmbcrs including Pr)f Ashok Patll suggested thatvlc should fun our ovn entrttnclt exam NIr Kunai Ambasta agreed bUt expressed concern about the costs of administering a scpamte entrance eXctlDlnatloD
Jflndakishore lt-luerkei whether ve couid go ahead for this staying tvithin
lnernbers inciudjng Sanyukta Choudhry and Ms Rashmi Vcnkatcn if it was PQssihlt IO have a dekly~d trimesrer nnd hm the inlpact ofthlt WOUld be Acadernic calendar options (r( txplored
Bnbu 11athev opined e should xplore many options 5hared TvlPP course to begin on ciCil1
Registrar~ Prof Sarasu Eshef Thon1as nmde a short prescntmion on the of a T on the S A-eadernic Year
1 Impact on applklnh
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quality addlTlonal uuuhk workload reachers and wnt til
DClsng ~1 adulisiuns lEosS ttJ corrplt~d urgtntly vhich EaHovmiddot us t) admit studnts rntd~Septen1ber and Viih ddayd b~it trirn12s1cr C(lYlprOrtusHlg JCadCl1iics
Dednre D 11h concqu~rH financIal losses lo-s of lainl tc as last rsort
4 If we run our tlvn entrance cxmn We rnay have to bear a snudt IO-is in monetary t(nns cntrmce process at a
it vns ionduded ihat smCe dH date ll) CLAT exan1 had nOI bcen flxLi 1hen W~l~ no vbClher voldd be any furh~r postponcn1entS LSIlJ be ith puhing
uirncgtter LO th ecund rrlrn-skr and so fDrth lhereby n1-lking it impo$)iblc to up 2021 In such a cnse~ rLSrC will be forcedo announct a zero y(ar~
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Extract ofDraft Minutes of9t Executive Council Meetillg
DRAFT MINUTES OF THE 91 MEETING OF THE EXECUTIVE COUNCIL OF THE
ATIONAL LAW SCHOOL OF INDIA UNIVERSITY MELDON
WEDNESDAY AUGUST 12 2020 AT 330 PM AND ON
TUESDAY AUGUST 18 2020 AT 430 PM VIA VIDEO CONFERENCIgtlG
MEMBERS PRESENT I Honble Mr Justice Uday Umesh Lalit Judge Supreme Court ofIndia 2 Honbie Mr Justice Dhananjaya Y Chandrachud Judge Supreme Court of india 3 Honble Mr Justice S Abdul Nazecr Judge Supreme Court oflndia 4 Honble Mr Justice V Gopala Gowda Former Judge Supreme Court oflndia 5 Shri Manan Kumar Mishra Senior Advocate Chairman Bar Council of India 6 Shri S Prabakaran Senior Advocate Co Chairman Bar Council oflndia 7 Shri Deb] Prasad Dha Advocate Managing Tnlstee BCI Trust 8 Shr1 Apurba Kumar Sharma Senior Advocate Chairman Executive Committee Bar
Council oflndia 9 Shd Y R Sadasiva Reddy Member Bar Council of India 10 Shri Ved Prakash Sharma Advocate Member Bar Councll oflndia 11 Shri Prashant Kumar Singh Advocate Member Bar Council of India 2 Shri Anil Kumar 1M Chairman Karnataka State Bar Council 13 Shd tV Ramana Reddy lAS Additional Chief Secretary to Government or Karnataka
Higher Education Department 14 Shf1 SY Watawati Law Secretary Government of Karnataka 15 Prof (Dr) Sudhir Krishnaswamy Vice Cbancellor NLSIU 16 Prof (Dr) Ashok R Pati] Professor of Law NLSlU 17 Prot (Dr) TS Somashekhar Professor in Economics NLSIU J8 Dr Nagarathna A Associate Professor NLSJU
AliD 19 Pro[ (Dr) Sarasu Esther Thomas Registrar amp Professor of Law as Secretary to the
Executive Council
lVIEMBERS VRO EXCUSED THEMSELVES L HonbJc Mr Justice Mohan M Shantanagouclar Judge Supreme Court ofIndia
Opening Remarks
The Vice Chancellor Prof Sudhir Krishnaswamy welcomed al the members to the 9i Meeting of the Executive Council He thanked the Honble Judges representatives ofthe Karnalaka Stale Gevernment and members of the Bar Council of India for agreeing to attend this Executive
-ss Council TvteeHng organized at short notice or Video Conference He informed tflC 1crnbers that the Honbie ChiefJustice of India the Chsnceillllofthe University was unable to atlcu and had ominated Honble Justice UlJ Lalit to Chair themeeting in his abence
Justice Lalit clarified the reasOns why this emergency Executive Ceunci I Meeting had been convened at shori notice at his initiative First as CLA T 2020 had been postponed several times the University is unlikely to complete admissions by September 2020 Hence lLSIU faces the prospect or a zero year 1ere 120 BALLB + 50 LLM students will not be admitted and (be University wili lose INR16 crores over 5 years Secondly as the University had submitted a comprehensive Report reviewing the Reservation Policy in the third week of July this Report should be discussed while Ihe admissions process was underway
Justice Lalit then asked if any Member took objection to the short notice and was keen that the Meeting should be adjourned Ali Members unanimously agreed that due to the urgent nature of the agenda of the Meeing the usual lime trames for the Meeting may be dispensed with on this occasion
~ __-1-_- _ - _ _-- -- --- i Item No1 i Postponement of CLAT 2020 and Admissions to the NLSIL for the i_ ____J_A2e~)r2Q~Q21 ________ ____ __
Discussion IMembers noted that the Governing Body of the Consortium ofNLUs held an iemergencv meeting on Aug 10th 2020 to reschedule CLAT 2020 from Aug 22nd to 7en September 2020 ) i i 1 Members expressed concern that CLAT 2020 had been rescheduled 3 times and
further postponement could not be ruled out The Vice Chancellor clarified that the University has made adequate plans to compress the Academic Year if the 1
exam is completed On September 7th 2020 I
However several Members expressed concerns if CLA T 2020 was delayed 1 further All Members agreed that the consequences ofa Zltro Year in terms of loss of revenue (around i 6 crons) and loss of oppoltunity to 120 SA LLB (Hons) and 50 LLM students [0 study at the National Law School was too high a price to pay
Some Members suggested exploring various admissions options using 12th Stllndard Marks other entrance examination results or conducting an online examination The Chair emphasized that it is critical to authorize and urge the University to take immediate steps to prevent a Zero Year if CLAT 2020 is
i further rescheduled
i I The Chair requested the Vic Chancellor to consult withthe BCI Chairpls~n in the event that the Umverslly needs the leave of the Supreme Court In mese I 1____~__-lllat~~~ __ _ ___ _~__ __ _________ _jI _ 1 l was resolved unanimously that jfthere is a further delay in CLA T the Vce 1
L_~C~~nJ9_~ll~cel()r--~_lt11Jlowredt2takeai I necessar $iJlLt~nsur(U~ltlUl1ej
(J ry(Y~~
TAdmissions Processfor 2020-2 i~i~ completed in Septe111ber 2020
NLSIU is authQrised to fUll ft~ own admission process and conduct an i independert admisson tcst if necessary if there s further postponement of the I CLATexam
It was decided that the meeting would be adjourned to 18th August 2020 at 430 PM The Vice Chancellor thanked all the members for joining this meeting
After a formal weicome by the Vice Chancelor Justice U U Lalit chair the meeting and invited Justice Gopala Gowda to present his note feHowed by a presentation by the Chairman Bar Council ofindia
__ _~ ~__Ugt___ _~~~ _~~_~ _~ __ bullbullbull___ ~~ __ ~bullbull~~_~ gt _ 0 ~~ ~_____ ~~ _ __~ ~____ __ ______ __ __ __ __
1 -__~_~~__~ bull i Anv other item with the ncrmission of the Chair
n __ __ Item 3 __ ~~bullbull_______ ~_________bull ______ __ ______ - _~~ ~~~ ~~bullbull _~~~ ~ __--J~_~ __
Discussion The Chair asked the Vice Chancellor to clarify that CLA T 2020 was likely to be r held on 7th September 2020 The Vice Chance lor confirmed that as per the i current schedule it was to be conducted on 7th September 2020 but the I Consortium tny choose to reconsider the date later I
i--~------- i-------~ --_---- ---------------_--- ---- ---- -- ---
Decision i
The Executive Council unanimously reconfirmed this resolution to empower i
the Vice Chancellor and the Jniversity to conduct an independent admission iL_ _________jJ~poundf~ipoundE~1Jt t~at C~~T 29Qis dela)~ecc fU~~t____~~_________
The Vice Chancellor thanked all the Members for joining the meeting and thanked Justice UU Lalit for chairing this important emergency Executive Council meeting
SdJshyRegistrar National Law School oflndia University Bangalore
RE~srRfl~ Mttcrpt iegt s~ vi ImF(l flriilitt
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ANNExurE R14 iT NATIONAL LAW SCHOOL OF INDIA UNIVERSITY
Post Bag No 7201 NAGARBHAVI BENGALURU - 560 242 (Old Code No 560072) INDIA
Talalax 080 - 2321316023160532535 Fax OBO - 2316 0534 Website WWWnlsac-in Email registrarnlsaci
Report of the BALLB(Honsl and LLM Admissions Committee 2020
Committee Members
1 Prof (Dr) Sarasu Esther Thomas Registrar 2 Professor Babu Mathew 3 Assistant Professor (Dr) Kaushik Basu 4 Assistant Professor Kunal Arnbasta 5 Assistant Professor Sanyukta Chowdhury 6 Nithya Rhea Rajashekar Advocate (Legal Advisor to the Committee)
A Objective
Since inception admission to the BA LLB (Hons) programme has been purely on the basis of merit as assessed through a common entrance exam The University conducted its own AIIshyIndia entrance examination until 2008 when the Common Law AdmiSSion Test was conceived In 2018 the Consortium of National Law Universities comprising the ViceshyChancellors of 22 National Law Universities was formed to establish a Permanent CLAT Secretariat for the conduction of the CLA T Admissions to the Universitys BA LLB(Hons) and LLM programme were also done on the basis of CLA T score
The Covid-19 pandemic has however caused unforeseen difficulties and delays in the conduct of CLA T 2020 The repeated postponement of the examination has resulted in uncertainty for students parents and the participating Universities NLSIU is uniquely disadvantaged as it follows a trimester system where every academic year is made up of three terms of 90 days duration Moreover each term must accommodate 60 hours of classroom instruction in each course and adequately provide for examination and evaluation processes Further the academic offering for the 3rd 4th and 5th year of the BA LLB programme as well as the LLM programme is fully integrated and requires a common academic calendar
Hence if NLSIU is unable to complete admissions before the end of September 2020 it will inevitably result in a Zero Year with no admission This will deprive law students of the opportunity to pursue their studies this year at Indias premier law university We are fully committed to ensuring that no student is denied the opportunity to study at NLSIU this Academic Year Hence NLSIU is compelled by the current circumstances to conduct a separate admissions process for the BA LLB and LLM programmes for the Academic Year 2020-21
This matter was considered at length at a Faculty Meeting at the University on August 6th 2020 where the Faculty unanimously resolved that NLSIU needed to take all measures necessary to avoid a Zero Year The Executive Council of the University at its 915t Meeting held in two sessions on August 12 2020 and 18th August 2020 met to consider the matter and unanimously resolved to authorize the University to develop an alternative admissions process in the event that CLAT 2020 was not conducted on September 7 2020
h fin stablished under Kamataka Act 22 of 1986
-tgg On August 28 the Executive Committee of the Consortium of National Law Universities postponed CLAT 2020 from September 7 to September 28 2020 Accordingly this Faculty
Sub-Committee was constituted by the Vice-Chancellor and tasked with formulating a revised admission procedure for the academic year 2020-21 with respect to the BA LLB (Hons) and LLM Programme (hereinafter referred to as Programmes)
B Options available before the Committee
1 Conduct an online entrance exam at identified centres across the country for all applicants
2 Conduct a home-based proctored online entrance exam for all applicents
3 Conduct a home-based proctored online entrance exam for applicants shortlisled as per pre-defined criteria
81 Committees decision regarding Option 1
As per expenditure estimates prepared by the University conducting an online entrance exam at identified centres across the country for aU applicants would cost Rs 4 crores Moreover under the given lime constraints it would be extremely challenging to organise the same Further a home-based online examination discussed in Option 2 and 3 below ensures that candictates do not need to travel to physical centres for an additional examination
Accordingly the Committee decided that option 1 would be unfeasible
82 Committees decision regarding Option 2 and 3
A home-based proctored online entrance exam for all applicants would not be feasible given the expected number ofapplicants (apprOXimately 20000+ for BA LLB and 5000 for LLM considering the late call) and the available funds of the UniverSity unless some minimum fee is charged from applicants If this is done we may make an open call
~Ihere no application fee is charged such an entrance exam is feasible for applicants
shorlisted as per pre-defined criteria Subsequent to the initial deliberations ofthe SubshyCommittee it was made known to the members that the procedure for admissions as finalised by Ihe Academic Council on December 12 1987 was that Admission to tile Law School would be only on the basis of the Written Admission Tes
The Committee discussed the available technology platforms for conducting homeshybased proctored online entrance examination with two vendors (Edchemy and Coshycubes The Commiltee also got in touch with Pearson Vue and NSEIT) A moreurogt exhaustive search may be undertaken by the University before making the choice of technology partner for the entrance exam
With respect to the application fee the University has tlllIO options - (i) to charge a nominal application fee (in the range of Rs 100 Rs 250) to recover part of the costs
111 (with the balance being met by the University funds) or (Ii to not charge any application fee While the CommITtee felt that (i) was ideal a final decision may be taken by the Vice-Chancellor in this regard depending on the final expenditure estimates of the entire admissions process and availability of funds with the University
Therefore having considered all the options it was concluded by the Committee that an online home-based entrance examination conducted for all appticants at the earliest and with the lowest possible application fee would be a fair transparent and accessible admissions process
C Committees recommendation regarding conduct of home based online proctored entrance examination
The syllabus of the examination should be as ctose as possible to the Common Law Admission Test 2020 so that candidates are not required to undertake any additional preparation for the NLS1U Entrance exam The following format was recommended by the Committee
Maximum Marks 80
Duration of the Exam 45 minutes
Question Type Multiple Choice Questions only
Marking Scheme 2 mark per correct answer
-050 marks per wrong answer
-025 marks per skippedunanswered question
Candidates will have to appear for the examination using a computer device with video and audio transmission available They should be informed in advance that the University would noi be responsible for any connectivity issues or failure of intemet connection during the examination
A mock examination should be held to familiarise the candidates with the technology plalform on which the examination will be conducted
There should be a protocol established to deal with potential malpractice since the examination will be attempted by the candidates in a home environment It is understood that the available technology allows for artificial intelligence enabled human proctoring of the examination Additionally the technology vendor will put in place software mechanisms to ensure that forms of examination malpractice will be detected and suitable action taken This should include but is not limited 10 restricting access to different online tabs on the computer audio detection continuous video streaming detection of multiple login attempts etc In addition to proctoring during the examination post hoc verification must be conducted on the besis of detailed logs and data records maintained by the human proctors and the available system records In cases of observed malpractice the candidates examination should be cancelled by the University
At the time of computation of final scores pest the examination if twO or more cajsobtain the sameuro marks a break of tie should be made by the following procedure and order (i Higher number of correct answers to Legal Reasoning Questions (if) Higher number of correct answers in the overall examinatiOn iii) ComputeriSEld draw of lets
n view of the fotegoing discussion on the available options the Vice Chancellor may take the
final deCision 01 the admissions procedure to be followed for the academic year 2020-21
rurfw~_iv___ j J u ----shy
Prof (Dr) Sarasu Esther Thomas Professor 8abu Mathew
Dr Kaushik Basu Mr Kunal Ambasta
Ms Sanyukta Chowdhury Ms Nithya Rhea Rajeshekar
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ANNEXURE R-Il4shy
Honble Justice ~1L U C Lalit Judge the Supreme COlit ofIndia ChairmalL Executive C ounci Xational Law School oIIndia 1Jlliversity
36 September 1010
Sub Decision of the Consortium of -iational Law Universities on 28082020 to postpone
CLAT2020
Honble Sir
Greetings from NLSIU Bangalore
The Comonium of National Law Uillversities of which NLSIU is a member has by its llorification dated 28 August 2020 decided to postpone the Conunoll Law Admission Test CLAT) poundiom September to 28 September 2020 The COVID-19 pandemic has caused llntOreseen diftkulties and delays ill the conduct of CLA T 2020 and the repeated postponement of the examination bas resulted in uncertainty for students parents and the participating llliversities
As you are aware the )JLSlU is uniqudy diadvalltaged as it 1011ows a trimester system where eVelY academIC year i made up of three terllls of 90 days duration Moreover each tel111must accollllllod1te 60 hours of classroom imuuctioll ill each comse anc adequately provide for examination and evaluation processes FUl1her the academic offerillg tOr the 3rd 4th and 5th yem of the BI LLB programme as weH as the LLM prograllulle is fully integrated and requires a COllllllon academic calendar Hence if]1-S1U is unable to complete admissions before the end of September 2020 it will inevitably result in a Zero Year vdth no admissions This will deprive law smdellts of the oppommity to pursue their shldies this year at Indias premier law university TheretOre 1-SIC is compelled by the current circumstances to conduct a separate admissions process for the BA LLB ane LLM programmes for the cademic Year 2020-21
This maHer was considered at length at a Faculty Meeting at the University on Augmt 6 2020
when the C onsortiulll postponed the exam from August 22no to September 7 2010 where the Faculty unanimollsly resolved that NLSIU needed to take all measures neeesalY TO avoid a ~Zero Year
Then the lllmtcr Va placed before you in the EXecmive COllncil at its 9 F meeting held 011 1211
August 2020 wherein it was unanimously resolved to authorize the University to develop an ~-
~ltern~tivc admissions process ill the event that CLAT 1020 WilS not conducted on September jh
2020
Accordingly the Vice Chancellor constituted a Faculty Sub-COlllmittee on August ~020 to denlop a revised admission procedumiddote The Sub-Colllmittee concluded that a common entrance test conducted online at the lowest possible application fee would be a 1aiL tn11lsparent and accessible admissiolls process 8t this The proposab of the Sub-Committee were dicllssed at a F ~cnlty Meeting held 011 31 August 2020 After taking into accollnt the suggestions and
revisiom as necessary the Revised Admissioll Notifications for the Academic Year 2020-21 for
the BA LLB programme and LLlvl programme haw been notified
The lniversity aims to initiate and complete the entire proces by mid-September and begin the Academic Term immediately thereafter While the reyisecl admissions process presents a mOllumental task the careers of the students who have worked hard for this opportunity remain
our top priority
The V ice-Chancellor and I will contlllue to apprise the Executive C ouneil of these developments
and ve thank you for your SUppOl at this time
Sincerely
Prof (Dr) SraSll Esther Thoma
Professor of Law and RegistIar liLSIC tvlember Secretary Executive Council
Copy to (1) Members ofthe Execntlye CounciL NLSIlJ (2) Vice-Chancellor NLsn
-
1)pound0pound flt 15 ct
The Faculty
KltIional Law School oflndia University B8ngillolc
3 September- 2020
Sub Decision of the Cousoltiull1 ofKational Law Universities on 28082020 to postpone CLAT 2020
Dear all
~s you are aware the COllsorriulll ofKntiona Law Clliversities of which NLSIC is a membeL has by its notification dated 28th ugnst 2020 decided to postpone the COllllllon Law Admission Test (CLAT) Hom 7 September TO 28 September 2020 The COVID-19 pandemic has caused
uuforesen difficulties and delays in the conduct of CLAT 2020 and the repeated postponement of the examination has resulted ill uncertainty for students parents and the participating
Cuiversities
At the Faculty deeting at the liuivelsity on August 6th 2020 the mailer was considered at
length when the CLA T 2020 wa postponed fiom Angust 2211d 2020 to September 7th 2020 and need to avoid a delayed cademic Term was discllssed NLSlli is lllliqueiy
disadamaged as it follows a nilllestersystem where eely academic year is made up of three
Tenns of 90 days dmmion ldoreover each term 1ll1lSt accommodate 60 hours of classroom illSh11Ctioll in each course and adequately provide tOr examination and evalnation processes
FunheL the aCBdemic offering tor the 3rd 4th and 5th year ofThe BA LLB programme as well
as the LL2gtI programme is fully integrated and requires it COIlllllon academic calendar Hence if NLSlt is unable to complete admissioIlS before the cud of September 2020 it wil iueitably result in a Zero Year with no admissions that deprives law students of the opportunity to pursue their smdies l11i year at Indias premier law university At this meeting the Faculty Imanimously
resolved that NLSIC needed to take all measures necessmy to avoid a Zero Year
Tllereatler the matter was also placed before the Executive Council at its 91t meeting held on
12 August 2020 wherein it was ullanimously resolved to aurholize the University to develop an altemmive admission process in the event that CLAT 2020 was not conducted all September
2020 Therefore NLSlt is cOlllpdled by Ille current cncumstances to conduct a separate admissions process for the B LLB and LLM progrmnmes for the Academic Year 2020-2 L
Accordingly the Vice Chancellor constilllted a Faculty SubmiddotCommittee on 28 August 2020 to
develop a revised admissions procedure The Sub-Commirree concluded that a common ntlance test conducted online at the lowesl possible application fee vould be a fair
lransparem and accessible admissions nrocess at this stage The pro])osals oftlle Sub-Committee - - ~
were discussed at the Facultv Meetimr held on31 Augnst 2020 Afler taking-
into aCCOllll the ~
snggestions and revisions as llece~sm) the Revised AdmJion otificarions for the Academic
Year 2020-21 for the BA LLB programme and programme have been notified on the Cniversity Yeb~ite
The Cniversit aims to initiate and complete the entire process by mid-September and begin the Academic Term immediately thereafter While the reised admissions ploce presents a monumental task the careers of the students who 1mve worked hard for this opportunity remain
our top priority
The Vice-Chancellor and I shall continue to apprise the Faculty of the developments and we thank you for yom SUpjlOlt al this time
Sincere
Prof (Dr) Snmsu Esther Thomas Professor of Law and Registrar ]LSn
ltlember Secretary Executive Council
Copy to (1) Member offacuIty NLSlli
(2) Vice-ChallCellQL NLSIC
~) rRua (IPYshy
JNNEPCUJlpound R-Jb 8
Tlle PI ident
ConSOl1iUlll ofltational Law Cmverities
3 September 2020
Sub Decision of the Consortium dated 270820 to postpone CLAT 2020
Dear Prof VijaykumaL
Guering ilOlll LSru Bangalore
The COVID-19 pDlldemic has caused unforeseen difficulties and delays in the conduct of CLAT
2020 The repeated postponement of the examination has reulred in ullcel1ainty for students
parms and the pmticipating Cuiverstie
LSIl is uniquely disadnmaged as it follows a trimester system where evelY academic year is
made up of three tenlls of 90 days dmation rIoreover each term must accollllllodate 60 hours of classroom instruction in each course and adequately provide for examination and evaluation
processes Further the academic offering for the 31d 4th and 5th year of the BA LLB
pro~ml1111e as well as the LLrl progrmllllle is fully integrated and requires a common academic
calendar
Hence if ll_SIU is unable to complete admissions before the end of September 2020 it will
inevirably resut in a Zero Year with IlO admissions This deprives law sludents of the
opportunity to pursue their mdies tills year at Indias premir law university Therefore ](LSIU
is compelled by the ClliTem circumstance to conduct a separate admissions process for the BA LLB and LLM programmes for the gtcademic Year 1020-21
This matter was considered at length at a F acuIty lHeeting at the Cuiversiry on August 6th 2020 where the Faculty unanimously resolved that NLSIC needed to take all measures nec6sary to avoid a Zero Year The Execmive COllllcil ofte Cniversity the 91s1 EC meeting held in two
sessioLlS 011 12th Ausmst 2020 and 1 Stl August 1020 considered the maner and unanimously- ~
resolved TO authorize the University to develop 0Jl altemative admissions process in tile evem
tlwt CLAT 2020 was not conducted on September 7th 2020
On August 28th the Executive COlllmittee of the COllsortiull of National Law Universities
postponed CLAT 1010 from September 7th to September 28th 2010 III these circulIlstances
NLSIU is compelled to conduct a sepmate admissions process forthe Academic Year 2020-2 L
I reiterate that NLSIU will continue to discharge all its responsibilities as a Founder )middotlember of the COllS011iulll Rncl the Vice-Chancellor in his capacity as ex-officio Secretary-Treasurer shall
extend all necessary SUppOH to the Consortium for the SUCCessful condlct of CLAT 2020 at the
earliest possible date
I am continuously available to clarify any of these developments on the email and the phone e
request yon to take all necessalY steps 10 connmlllicale this to all students who have registered for CLAT 2020 as we lllUICt conduct the admissions process with the least possible
disl1lptioll
Sincerely
Sarasu E1her Thomas Registrar NLSIC
Copy to
(1) vIr Bahaj Chaul13ll CLA T COllvenor (2) Members of the Consortium
~~~2
ROE c Flyshy
AIIIIIIpound1CtfJa R-jrr ~ATIO~AL LAW SCHOOL OF LiDH t7~IVERSITY BEGAIXRl I0 0
PROCTORING PROTOCOLS
THE KATIONAl LAV APTITlDE TEST 2020
NLSIF uims TO ensure that the NLAT 2020 is an accessible smdem-triendly examinmion registered candidares are required TO follow the highest standards ofacademic integrity while raking the res The Proctol1ng Protocols to monitor the examination process are sel om below
middotmiddotmiddotmiddotmiddot~-middot~rmiddot~middotmiddotmiddotmiddot-~middotmiddot-middotmiddotmiddot~middotmiddot ------~~
50 lIalpracticf Ownersbi]l PradoI Ation
1 I111pcfsonation Proctor L Record Malpractice I
~(determined at of _ Do not allow the impersonator to starr candidate validmion the xmninatioll prior to cxanllmnion 3 For PWD candidates both the commencement) candidateS and scribes GOV1 Photomiddot
I ID must be verified bull
2 Inappropriate Proctor Proctors will send a message to such surroul1dings ar teSC candidates Please sweep th canlra location External help ill a circle around me place you are solicited (suspected) taking the assessment and i or (Someone otiler than Please tilt rhe devicemiddot keyboard you pennitted scribes are using for the assessment)present in the vicinitv
1 Candidates to show 8 360-degree view candidate looking ill of the emire room by mming on a mher directions webc8m (Iapmpsidesktopsl or fromcontinllollsly
periodically candidate camera (as directed by proctor) talking communicating (mobile devices) tilt the device
Iin any other manner keyboard as instrUCTed dlh SOIlleone other thrill 3 If any 1llla1lthorised person or penllired scribes unauthorised device is observed in the
candidateS vicinity including but not limited to person(s Othef than permitted scribes HDMI cabies extemal devices projection of the feSt screen etc proctors m terminate the candidates examination attempt
I inUlledlately
4 If the proctor observes a phone rabler other device falling slipping when the device keyboard used for the assessment is tilted proctor to terminate the exam immediately
5 Any candidate who fails to comply with the proctors instruction within 45 seconds will be logged OUl of the examination ProcmfS may permit 10 additional seconds in simations where they ill Ildr ciretiol1 determine that
10 ~-()
3
4
5
6
s
~IaljJractke
T alkingiS peaklngJvIaki ng Gestmes (could include gestures that indicate to the proctor candidate may be using another demiddotic~middotmiddot looking at chat applications InirrofJ other screen etc ) VindQw ~ u (Accessing any other window other than the test vinoo)
I
Lac Face not Detected (Candidate not present in front of systenl)
-fllltipJe persons detected
i Foreign Device Observed (~vlobileT ab letsCa leuia tors etc)
Candidates observed
II OwnerSlliL I
Proctor l
0_
3
Systell1 Ii
0_
Proctor l _
3
LProctor _
3
Proctor i
Proctor L
P~()ct()r Actim the candidate may 110t hay noticed l11essages i1-0111 the proctor in the course of anc~llpting the exarlination Send tlyo yarnings m the cnndidare If a candidate persists with this be11ayio1[ the procmf shalt inform tbe Super Proctor Super Proctor may recommend t11m candidates should be conracted through the system for clarification or disqualified
Candidate will be loggerl our of the -xal - middotl1hafmiddoto~h at~middot1 c1 _ ~UCh - ~ 1 dllC1UY I
accounts for occasional 0Jc~m popmiddot ups Inacyertent errors)
Proctor may issue to candidates when the first tiw attempts afe detected
Send one warnjl1~ If the candidate does nor reUlrn within 45 seconds tennlnate the candidates examination attempt immediately Proctors Jllay permit 10 additional seconds in situations Where they in theit discretion determine that the candidate 111ay not hay noticed
--warning messages 110111 the proctor in the conrse of Jttempting the examination Send one vaming to the candidate
~~~~
If the other person does not leave imrnediatcly tenninatt the candidateS fxaluination rmempt immediately Proctors shall when comempla ring the abo1e actions account for a PVD candidmes fhm may be
_cHsing b Candidates that mav be 3D faring~p
for the exarnination at test centres
Send one wamin to the candidate If the candidate still persists terminate the candidate5 ~xalnination attempt immediately Send one to the candidate
7
i f--
S~o r HalpnKtke OWllerlthiJ Acflim
Headphones Blueworh _ Check if the candidate is only using it Audio devices for microphones purposes fle
plugged into systel11 as an external 3uaclled microphone bur candidate is not wearing earptcef h~adset)
o If the candida does nor comply with
the proctors instructions rermilk1te the candidate s examination attempr I immediarely_- ----+-_--shy
9 Simulmn~ou5 login Proctor L Proctors will observe rhe picmres of nne1l1pts 11mlriple candidates fr01l1 all such dcices
~0 _ If ir is observed rhar someone other rhan the candidate is using snell other d~vic~s proctor to renuinme the exafn immediately
3 If a candidate is observed on all snch Ideices proctor will flag the issue for
the Super Proctors anenrion Super Proctor nlay recoffilllend that
Ibull bull
candidates be contacted through the system for claritlcarion or disqualified Further investigation posr the examination may be carried out with help of audit togs generated on the SYSTem and lLSIU may disqualify the cundidllle upon such I eXaJlJnation
10 Any other malpractices Proctor Super Proctors Super Proctors may in nor describe above Proclor addition to situations where Proctors
Super Proctors detect any potential malpracrices as described above ask the candidate to perform any of the aceions described ill this column titied Proctor Action at any lime and tU
their discretion III addition to the demits set om in
these Prorocols~ the Super Proctors shall haVe the authoriry 10 disqualify a candidate terminate the candidate S examination attempr in the event they detect any act or onssion that docs nol comply with the requiremems of inregriry of a test of the llamre of the -LAT 2020
~OTES
j Instructiolls will provided to candidates on the rest screen as well as in advance of rhe examinarioll in a Candidare MannaI in relation to sinrariolls such as power ems internet
3
lo~ faiiures The assessment system used for the NLAT ~020 may permit the candidate to continue ansrering the question paper In events of internet failure hoyever this is subject to the Proctors discretion and subject TO the candidate system re-connecting to the examination interface it11i11 the rhlle and in the l11anner stipnlated ill the Oll~$creell instmctions and the Candidate ManuaL lilile every attempt shall be made to ensure that commullications instructions and requests promptly are delhered to candidates during the examination process candidates shall have the responsibility to ensure that they respond to such communications messages instructions and requests promptly
3 NLSIU reserves the right upon conducting a derailed and thorough sCl1lriny ofrhe system reports generated for short1isted candidates after the exanlination to any such candidates test scores in the event the system reports in KLSICs opinioll reveal any act or omission tllat does no comply 1rh the req1irements of of a res of the namre rhe NLAT 2020
4 NLSIU rnay re-iey update these Protocols at any tilne prior ~o the exarninarlon at discretion All registered candidates shall be Infof1ned of such elSlOllS l1pcla~s prior ro time of their examination
0-+ A~exURR-IebullNATIONAL LAW SCHOOL OF INDIA UNIVERSITY
Post Bag No 7201 NAGARBHAVI BENGALURU bull 56C 242 (Old Code No 560 (72) INDiA
T6efax OSQ 2321 31602315 Q532 535 Fax 080 2316 0534 Website VhOIS(1CT EmaM
I
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1i1I Jur lh- liPL Ll 1 I 2u~o gtlJhitbLlt Hi
J A University for Lega Studies and Research sponsored by the Bar Council of IndJa and established under Karnataka Act 22 of 1986
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
IN WRIT PETITION (CIVIL) NO1030 OF 2020
IN THE MATTER OF
RAKESH KUMAR AGARWALLA amp ANR PETITIONERS
VERSUS
NATIONAL LAw SCHOOL OF INDIA UNIVERSITY
BENGALURU amp ORS RESPONDENTS
APPLICATION ON BEHALF OF RESPONDENT NO1
SEEKING EXEMPTION FROM FILING DULY ATTESTED
ORIGINAL COUNTER AFFIDAVIT
TO
THE HONBLE CHIEF JUSTICE AND
OTHER HONBLE JUDGES OF THE
HONBLE SUPREME COURT OF INDIA
THE HUMBLE APPLICATION OF THE
RESPONDENT NO1 ABOVE NAMED
MOST RESPECTFULLY SHEWETH 1 That the respondent No1 is filing the accompanying Counter
Affidavit of its authorized representative in the present matter
2 That the Respondent No1 craves leave of this Honble Court to
refer to and rely upon the contents of the accompanying countershy
affidavit
loi 3 That due to the situation prevailing on account of corona virus
pandemic the authorized representative of the respondent No1
is unable to get her Counter Affidavit duly attested f notarized
Accordingly the respondent No1 is constrained to file the nonshy
attested signed affidavit in support of the present countershy
affidavit
4 That in the light of the above-mentioned facts and circumstances
which are beyond the control of the Respondent No1 it is
imperative that the Respondent No1 is exempted from filing the
duly attested Affidavit in support of the present counter-affidavit
5 That the present application is made bonafide and deserves to be
allowed in the interest of justice
PRAYER
It is therefore most respectfully prayed that this Honble Court
may graciously be pleased to allow this application and
(i) Exempt the Respondent No1 from filing of the duly attested
original Counter Affidavit and
(ii) Pass such order(s) as this Honble Court may deem fit and proper
in the facts and circumstances of the present case
AND FOR THIS ACT OF KINDNESS THE APPLICANTS AS IN DUTY
BOUND SHALL EVER PRAY
FILED By
~ (KUMAR DUSHYANT SINGH)
ADVOCATE FOR THE RESPONDENT No1 FILED ON 14092020
ItJ1
iN SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
IN WRiT PETITION ViL) NO1030 OF 2020
rnON[HS
VERSlS NnOiIL LNV SCHOO GF INDiA UrJ1VERSiTY
l~G Ul-ZU amp OFS
AFFIDAVIT ) fhO[vlS fv1L Nt Thornas
years at Faculty Quarters Block 2 National ind Nagarbhavi Bengaluru 560072 do afffr and statG on oath as under
the Respondent NO1 in the present
VJith of the case and
affirrn to this affidavlt
2 the contents of accompanying application exenlption are
true correct ~o my Knowledge and belief nOthing rrt3hrial
llas concealed ti
VERIFICATION
at Bengau(u on)~ cay of September 2020 that the
contents of above affidavit are true and correct to my knOWledge and
and nothIng rnateria has concealed therefrom
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
IN WRIT PETITION (CIVIL) NO1030 OF 2020
IN THE MATTER OF
RAKESH KUMAR AGARWALLA amp ANR PETITIONERS VERSUS
NATIONAL LAW SCHOOL OF INDIA UNIVERSITY BENGALURU amp ORS RESPONDENTS
WITH
[ COUNTER AFFIDAVIT ON BEHALF OF THE RESPONDENT NO1]
WITH
[ ApPLICATION ON BEHALF OF RESPONDENT No1 SEEKING EXEMPTION FROM FILING DULY ATTESTED ORIGINAL COUNTER AFFIDAVIT]
PAPER BOOK (FOR INDEX KINDLY SEE INSIDE)
ADVOCATE FOR THE RESPONDENT NO1 KUMAR DUSHYANT SINGH
RECORD OF PROCEEDINGS
Sr DATE OF RECORD OF PROCEEDINGS PAGES No
1
2
3
4
5
6
7
8
INDEX
SR PARTICULARS PAGE No No 1 COUNTER AFFIDAVIT ON BEHALF OF THE
RESPONDENT No1 I-4
2 ANNEXURE-R-1I1 True Copy of the relevant extract of the Minutes of the First Meeting of the Executive Council 1-+0
3 ANNEXURE-R-12 True Copy of the minutes of the meeting dated 41-St 12121987
4 ANNEXURE-R-1I3 I I True Copy of the minutes of the meeting of the ~()~
Executive Council of NLSIU dated 27012007
5 AN NEXURE-R-14 True Copy of the minutes of the meeting of the Executive Council of NLSIU dated 13052007 ~S
6 ANNEXURE-R-15 True Copy of the order dated 28112018 in WP(C) NO600 of 2015 titled as Shamnad ~16 Basher Vs Union of India
7 ANNEXURE-R-16 True Copy of the relevant extract from the Executive Committees Resolution dated T 11091988
8 ANNEXURE-R-17 A detailed note explaining the aforesaid timeframe required for completion of an academic year -fS
9 ANNEXURE-R-18 True Copy of the Communication of Nirma 7ampUniversity to the Registrar of NLSIU dated
I 12092020
I 10 ANNEXURE-R-19 I True Copy of the table prepared by the Respondent No2 and produced in his Counter- i ~1-~o Affidavit describing the said efforts
I 11 ANNEXURE-R-110
True Copy of minutes of the faculty meeting dated 11-1 3 middot 06082020
12 ANNEXURE-R-1I11 91 8tTrue Copy of the draft minutes of the
Executive Council meetings dated 12082020 and t+--f18082020
13 ANNEXURE-R-112 True Copy of the Report of the Admissions
I Committee trD I
bull 14 ANNEXURE-R-113 True Copy of the minutes of the Faculty Meeting ~I-ladated 31082020
15 ANNEXURE-R-114 True Copy of the Communication dated 03092020 regarding NLAT 2020 issued to the ~+-t)~Nominee of the Chancellor and Executive Council members
16 ANNEXURE-R-115 True Copy of the Communication dated -~03092020 regarding NLAT 2020 addressed to
i the Faculty of NLSIU
I 17 ANNEXURE-R-116
True Copy of the Communication dated f-ttc)03092020 regarding NLAT 2020 addressed to the Consortium of National Law Universities
18 ANNEXURE-R-117 The Proctoring Protocol established by NLSIU to loo-oi effElctivelv detect candidate malpractice
I
I
19 ANNEXURE-R-118 True Copy of the press release issued by NLSIU on 12092020 depicting the said facts
18 ApPLICATION ON BEHALF OF RESPONDENT No1 SEEKING EXEMPTION FROM FILING DULY ATTESTED ORIGINAL COUNTER AFFIDAVIT
14shy
~oSI I
1 IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
IN WRIT PETITION (CIVIL) NO1 030 OF 2020
IN THE MATTER OF
RAKESH KUMAR AGARWALLA amp ANR
VERSUS
NATIONAL LAW SCHOOL OF INDIA UNIVERSITY BENGALURU amp ORS
PETITIONERS
RESPONDENTS
COUNTER-AFFIDAVIT OF RESPONDENT NO1
I Prof Sarasu Esther Thomas daughter of Mr AM Thomas
aged about47 years residing at Faculty Quarters Block 2 National Law
School of India University Nagarbhavi Bangalore - 560 072 Registrar
of the Respondent No1-University (NLSIU) solemnly swear on oath
and state as follows
1 The above Writ Petition is not maintainable is without merits and
liable to be dismissed in limine
2 The above Petition is filed calling in question the decision of
NLSIU to hold an admissions test called National Law Admissions
Test 2020 (NLAT 2020) for selecting candidates to join the five-
year BALLB (Hons) undergraduate programme and one-year
LLM postgraduate programme
3 NLSIU submits that the above Writ Petition is liable to be
dismissed for the following reasons
a The Petitioners lack focus standi to maintain the present
Petition
b The decision to implement NLAT 2020 is entirely justified in
the facts of the case and is in the public interest and in the
interest of students at large because implementation of
NLAT 2020 is the only way to avoid a Zero Year where
students will lose the opportunity to join NLSIU in the
current academic year
The academic year at NLSIU must be of at least 285 days
duration for reasons more fully explained herein below
The academic year for the incoming batch of first-year
students for the Academic Year 2020-21 will fall short of
285 days if NLSIU does not complete admissions by
18092020
Therefore postponement of CLAT 2020 from 07092020 to
28092020 rendered completion of admissions to NLSIU
and commencement of term by 18092020 impossible To
ensure that students aspiring to join classes in Academic
3 Year 2020-21 were not consequently denied the
opportunity to study in NLSIU NLSIU implemented NLAT
2020
c The implementation of NLAT 2020 is also permitted under
and in accordance with applicable law As per the NLSI
Act the Executive Council is the Chief Executive Body of
NLSIU The Executive Council has categorically authorised
the Respondent No1 conduct its own admissions process
The impugned examination NLAT is held pursuant to the
said categorical and unanimous decision of the Executive
Council
Further the Memorandum of Association and Bye-Laws of
the Consortium of National Law Schools which conducts
the CLAT exam do not prohibit a member from conducting
its own admissions test to determine admissions especially
when CLAT is not held by the Consortium In any event
even assuming without admitting that the Bye-Laws do not
permit it the same would result purely in a dispute amongst
members of Consortium and cannot be urged in this Writ
Petition
Re Maintainabilitv
4 The Petitioner No1 claims to be the father of an aspiring law
student However absolutely no materials are placed on record to
depict the said fact Further it is neither averred that the child of
the Petitioner No1 is a minor nor is any material or evidence
depicting his I her minor status placed on record As such the
Petitioner No1 has no right to move the Petition on behalf of his
child
5 Pertinently no student has himself or herself filed any
proceedings calling NLAT 2020 in question before this Honble
Court
6 The Petitioner No2 is the Chairperson of a private law college
viz Vivekananda Institute of Professional Studies Every
institution imparting legal education in the country has an interest
in the outcome of the present litigation The above college is not a
member of the Consortium and Petitioner No2 is not aggrieved in
any manner It is also sad that the Petitioner No2 having been
the Vice-Chancellor has chosen to file this writ petition knowing
28thfully well that holding the exam tentatively on September
would have resulted in a complete washout for NLSIU On the
5 other hand the other 21 colleges would not be affected as they
follow a semester system
7 Without prejudice to the foregoing preliminary contentions
regarding maintainability NLSIU craves leave to submit
regarding the merits of the matter as follows
RE FACTUAL BACKDROP RELATING TO NLAT 2020
Brief Background regarding NLSIU
8 NLSIU is established pursuant to a joint initiative of the Honble
Judiciary the Bar Council of India (BCI) and the Karnataka Bar
Council with a view to create a premier institution of legal
education in India It was set up by the National Law School of
India Society established by BCI Trust as a society under
Karnataka Societies Registration Act 1960 comprising members
of the Bar and legal academics to establish a leading national
institution for legal studies The said society approached the
Government of Karnataka to host the school in Karnataka The
State of Karnataka agreeing to such request enactedthe
National Law School of India Act 1986 (Karnataka Act No22 of
1986) for this purpose (NLSI Act)
9 NLSIU which was established as an autonomous national-level
institution under the NLSI Act is now recognized globally as the
premier institution for imparting legal education in the country to
students from India and overseas
10 NLSIU at present offers the following courses of legal study
a five-year undergraduate programme leading to the award of
BA LLB (Hons) degree
b one-year postgraduate programme leading to the award of
LlM degree
c two years Master of Public Policy post graduate
programme and
d Ph D I M Phil Research Degree programme
11 NLSIU carries out its functions autonomously regulated by its
governing bodies under the NLSI Act in consonance with the
professional legal education standards prescribed by the BCI In
exercise of its said autonomy NLSIU defines its own pedagogy
and the structure of the courses of legal studies to be offered by
it as also various structural elements such as its academic
calendar faculty intake and capacity etcetera
Brief Background regarding Historv ofAdmissions to NLSIU and Genesis of eLA T
12 From inception NLSIU has had autonomy in determination of its
admissions process The mode of admission into the University
was originally fixed by the Executive Council in its first meeting
dated 29081987 to 30081987 wherein it was decided as
follows
I The draft proposal of the Academic Council to Actions have the selection of the students done through will be an All India admission test and interview was taken as approved The procedure for admission Test per the and the selection may be decided by the decision Academic Council and implemented by the of the Director However the Executive Council Executive disapproved the recommendation of the Council Academic Council to pay one-way second-class train fare to the students called for the interview
The Council noted the sample objective type question paper presented by the two experts on the request of Professor Upendra Baxi However the matter for finalizing the test was left to the Academic Council and the Director The Council noted the format of admission Test provided by MIs RC Mishra and CB Dwivedi of Banaras Hindu University as the instance of Professor Upendra Baxi
True Copy of the relevant extract of the Minutes of the First
Meeting of the Executive Council is annexed herewith and
marked as ANNEXURE-R-11 (Page No l-40)
13 Pursuant thereto the Academic Council of NLSIU met on
12121987 and resolved the final procedure for admission True
Copy of the minutes of the meeting dated 12121987 is annexed
herewith as ANNEXURE-R-1I2 (Page No 51)
14 Until 2007 NLSIU was conducting its own entrance examination
for admissions into its various programmes Pertinently even till
date NLSIU continues to conduct its own admissions process for
the MPP programme and Ph D programme mentioned in
paragraphs 1 O(c) and 10(d) above
15 In or around 2007 in the backdrop of proceedings before this
Honble Court in Varun Bhagat v Union of India and Ors
wP(C) No 68 of 2006 a meeting of the (then-existing) seven
National Law Universities was convened by the Ministry of
Human Resource Development to consider implementation of a
joint entrance examination for admission to the said NLUs The
seven NLUs entered into an MOU to conduct a common test
J known as the Common law Admission Test (ClAT) It was
agreed that each participating University shall conduct the exam
by rotation The matter of adopting such a common entrance test
was also deliberated by the Executive Council of NlSIU in its
meetings dated 27012007 and13052007 wherein the
Executive Council directed that NlSIU should ensure it plays a
lead role in implementation of such common entrance test True
Copy of the minutes of the meeting of the Executive Council of
NlSIU dated 27012007 is annexed herewith and marked as
ANNEXURE-R-113 (Page No +)
True Copy of the minutes of the meeting of the Executive Council
of NlSIU dated 13052007 is annexed herewith and marked as
ANNEXURE-R-114 (Page No S 16 Thereafter the ClAT process itself was called in question before
this Honble Court in two separate proceedings ie Shamnad
Basheer v Union of India WP(C) No 600 of 2015 and Disha
Panchal v Union of India WP(C) No 551 of 2018 In Disha
Panchars case where grievances relating to ClAT 2018were
raised this Honble Court directed the Ministry of Human
Resource Development to appoint a Committee to investigate
1o CLA T 2018 suggest remedial measures and look into future
arrangements for the exam and this Honble Court also observed
that the idea of different NLUs conducting the exam each year
needs to be revisited In Shamnad Basheers case four issues
were raised regarding CLAT namely (a) the decision of the
Universities to conduct the exam in turn by rotation (b) the
quality of the exam itself (c) the integrity of the exam and (d)
issues relating to accessibility particularly amongst
underprivileged segments of society
17 The concerned NLUs in this backdrop and independently of any
directions of the Honble Courts in the said proceedings resolved
to establish a Permanent CLAT Secretariat at NLSIU Bangalore
by incorporating a registered society namely the Consortium of
National Law Universities A plain reading of the Memorandum of
Association and Bye-Laws of the Consortium clearly
demonstrates that the objectives and purposes for which it was
formed were multifarious in nature and not restricted to
conducting the entrance exams The concerned NLUs further
decided that the said society would be responsible for conducting
the exam under the leadership of the Consortiums Executive
Council Based on the said decision the Respondent NO3 (the
Consortium) was formed as a society under the Karnataka
Societies Registration Act 1960 NLiSU was given a central and
prominent role in the Consortium and it was decided that the
Secretariat would be permanently located at NLSIU Bangalore in
order to address the concerns raised in Shamnad Basheers
case
18 The Petitioner in the said case however(relying on an Expert
Committee Report submitted in Disha Panchals case
recommending that a government agency be mandated with
conduct of CLAT sincemiddot rotation-based implementation by
individual colleges was undesirable which Report had been
submitted prior to constitution of the permanent Consortium
Secretariat) pressed for the National Testing Agency to be
entrusted with conducting CLAT This Honble Court vide its
latest Order in the above proceedings dated 28112018 directed
the Ministry of Human Resource Development to convene a
meeting amongst the stakeholders to consider this prayer True
Copy of the order dated 28112018 in wp(C) NO600 of 2015
12 titled as Shamnad Basher Vs Union of India is annexed
herewith as ANNEXURE-R-1f5 (Page No amp-I-J) However thereafter there have been no further proceedings in
the said case
19 As is clear from the foregoing establishment of the Consortium
and CLA T were purely voluntary decisions taken by the
respective NLUs pursuant to deliberations amongst them and in
order to resolve issues and concerns that had been raised by
various stakeholders including in the afore-described
proceedings before this Honble Court Further and specifically
to the best of the Answering Respondents knowledge - and on a
perusal of the various Orders of this Honble Court in the
aforesaid proceedings- it is crystal clear that this Honble Court
did not issue any directions to establish or implement either a
common law entrance exam or a Consortium of National Law
Universities In fact even the Petitioners do not rely on any such
Orders
20 The voluntary nature of participation in the Consortium and
consequently CLAT is also established by the fact that the Bye-
Laws of the Consortium itself provide for voluntary withdrawal
13 which could never have been permitted if the Petitioners
contention that it was the result of Orders of the Honble Court is
correct
21 NLSIU as a party to the deliberations amongst the NLUs
described above has been at the forefront of implementing
CLAT and also taking continuous measures to enhance and
improve the CLAT admissions process right from the inception
and till date
Events relating to CLAT 2020 Inordinate Delay in Holding CLA T 2020
22 Even for the Academic Year 2020-21 NLSIU actively partiCipated
in the announcement and implementation process of CLAT 2020
23 As per the original schedule for CLAT 2020 the exam was to be
conducted on 10052020
24 However starting from March 2020 and thereafter the
Consortium resolved from time-to-time to reschedule the CLAT
2020 due to the COVID-19 pandemic as follows
Date of decision to Rescheduled Rescheduled Decision reschedule from - Date to- Date taken by
21042020 10052020 21062020 General Body
18052020 21062020 To be notified Executive Council
14shyI
29062020
05082020 I
10082020
28082020
NA
I
22082020
NA
07092020
22082020
To be notified
07092020
28092020
Executive Council
Executive Council
General Bodv
I Executive bullCouncil
25 As is clear from the foregoing CLAT 2020 which was originally to
be held on 10052020 now stands delayed by more than four
months to 28092020
26 The aforesaid decision to postpone CLA T 2020 to 28092020
would have compelled NLSIU if it were to rely on CLAT to
complete its admissions to declare a Zero Year ie forgo
admissions into the first year of its BA LLB and LLM
programme for the reasons explained hereafter
27 NLSIU amongst 23 NLUs is the only NLU which maintains a
trimester system-based academic calendar The trimester system
is implemented as per the decision of the Executive Council of
NLSIU in its 4th meeting held on 11091988 The Executive
Council in the said meeting decided that each Academic Year
shall be divided into 3 academic terms of mandatory 70 working
days each True Copy of the relevant extract from the Executive
S Committees Resolution dated 11091988 is annexed herewith as
AN N EXURE-R-1 16 (Page No J)
28 The requirement to hold mandatory seventy working days in each
trimester rests on the fact that NLSIU offered a novel integrated
five year dual-degree programme that would otherwise take six
years to effectively deliver In this backdrop in order to comply
with applicable UGC guidelines and justify a five-year
programme the University devised a trimester-based model
which could sustain the additional workload and justify the five-
year timeframe The same therefore necessarily requires an
academic year to be at least 285 days long (even if the usual 15
days break at the end of each term required for evaluation and
analysis is reduced to 5 days) A detailed note explaining the
aforesaid timeframe required for completion of an academic year
are annexed herewith as ANNEXURE-R-17(Page NOT~
29 Therefore the requirement to complete 285 days in the Academic
Year 2020-21 coupled with the requirement to start the next
academic year (2021-22) on 01072021 meant that NLSIU has
to start its first-year classes for the Academic Year 2020-21 by no
later than 18092020
I 30 Pertinently the impact of delays in CLAT on academic calendars
is not only real but also felt by other institutions For example
Nirma University which conducts its LLM programme on the
basis of trimester system was constrained to withdraw from
CLAT 2020 due to the delays in conduct of the same True Copy
of the Communication of Nirma University to the Registrar of
NLSIU dated 12092020 is annexed herewith and marked as
ANNEXURE-R-1S (Page NO-=t-)
NLSIUs Efforts to Complete Admissions through eLAT 2020 Process
31 NLSIU in view of the need to complete admissions and
commencement of the course by 18092020 made substantial
bona fide efforts to convince the Consortium to facilitate the
conduct of CLA T 2020 in a timely manner
32 The Respondent No2 has in his Counter-Affidavit laid out the
efforts made by him to avoid postponement of CLAT 2020 NLSIU
adopts the averments made in this behalf in full True Copy of the
table prepared by the Respondent No2 and produced in his
Counter-Affidavit describing the said efforts is annexed herewith
as ANNEXURE-R-19 (Page No i1f~
33 Further in light of the repeated delays when CLAT 2020 was
postponed on 28082020 to 07092020 NLSIU also proposed
several alternatives to the Consortium which would enable
universities to complete their admissions within the timeframe
required whilst leaving it open to members if they so choose to
delay their admissions process The options furnished were (a)
for NLUs to proceed with their own admission process for 2020shy
21 (b) allow for CLAT 2020 to be conducted in two series so that
Universities may choose an earlier or later date and (c) for NLUs
to admit CLAT-enrolled students to appear for separate exams
conducted by the NLUs with no further need for registration or
fee payment However the members of the Consortium did not
agree to any of the alternatives suggested Subsequently on
10082020 the General Body of the Consortium met and
decided to hold CLAT 2020 on 07092020 If CLAT 2020 was so
held it would have enabled NLSIU to complete the admissions
process in time to meet the requirements of its academic
calendar
Faculty and Executive Council Decision re Alternative Admissions Process Announcement of NLAT 2020
34 The Faculty of NLSIU at their meeting dated 06082020 had
considered a short presentation made by the Registrar of NLSIU
on the effect of the postponement on NLSIUs admissions cycle
and academic year and noted the dangers of a Zero Year
including loss of talent to the University loss of opportunity by
students to study at NLSIU and monetary losses over 5 years
The Faculty in this backdrop unanimously resolved that NLSIU
needed to take all measures necessary to avoid a Zero Year
True Copy of minutes of the faculty meeting dated 06082020 is
annexed herewith as ANNEXURE-R-110 (Page NOI)
35 As the continued delays in CLAT 2020 would frustrate NLSIUs
academic calendar the Executive Council at its 91 51 Executive
Committee meetings dated 12082020 and 18082020 resolved
and directed the University to implement an independent
admissions process if the CLA T 2020 was further delayed beyond
07092020 True Copy of the draft minutes of the 91 s1 Executive
Council meetings dated 12082020 and 18082020 is annexed
herewith and marked as ANNEXURE-R-111 (Page NO +- tamp)
Efforts taken to Implement NLA T 2020 Effectively with Engagement of All Stakeholders
36 NLSIU being left with no other alternative had to act with alacrity
to complete the admissions process and commence classes by
18092020 and avoid a Zero Year
37 In this backdrop and pursuant to the directions and instructions of
the Executive Council at the meetings dated 12082020 and
18082020 to devise alternative methods to complete
admissions the Respondent No2 convened a Admissions
Committee to consider the modalities for completing admissions
The Admissions Committee considered three options for
admission for incoming students First a centre-based computer
entrance examination Second a home-based online examination
for all students and Third a three-stage process providing weight
age to 10+2 marks online entrance examination and an
interview
38 The Admissions Committee in weighing the feasibility of the
aforesaid options took into account all relevant factors including
the time constraints and costs the requirement to ensure that
candidates are not put to any undue disadvantage as a result of
the decision and also the prevailing practice of NLSIU prior to the
introduction of the CLAT to conclude that an entrance test
conducted online at the earliest and with the lowest possible
application fee would constitute the most fair transparent and
accessible admissions process in the above circumstances The
Admissions Committee expressly noted that the said approach
would be in line with the decision of the Executive Council in its
meeting dated 28081987-30081987 as also the subsequent
decision dated 12121987 of the Academic Council whilst
implementing the aforesaid view of the Executive Council (which
decisions are more fully described hereinafter)True copy of the
Report of the Admissions Committee is annexed herewith and
marked as ANNEXURE-R-112 (Page No S=J) 39 On 31082020 NLSIU convened a Faculty Meeting and the
proposals of the Admissions Committee were duly deliberated
and accepted The Faculty unanimously agreed that a separate
admissions procedure would be in the best interests of the
students and NLSIU True Copy of the minutes of the Faculty
2 Meeting dated 31082020 is annexed herewith and marked as
ANNEXURE-R-113 (Page N0-11)
40 Pursuant thereto the Vice-Chancellor formed a team consisting
of faculty members and professionals to finalize the modalities of
the examination and also appoint after evaluation the
appropriate service providers to facilitate the conduct of the
examination
41 Thereafter once these actions were completed by the said team
and the modalities were frozen the Respondent No2
communicated I caused to be communicated through the
Registrar the final arrangements to the Nominee of the
Chancellor the Executive Council the Faculty of NLSIU and also
the Consortium itself The details regarding the same as also the
conversation between the Respondent No2 and the nominee of
the Chancellor of NLSIU are averred by Respondent No2 in his
Counter-Affidavit NLSIU craves leave to adopt the said
averments True Copy of the Communication dated 03092020
regarding NLA T 2020 issued to the Nominee of the Chancellor
and Executive Council members is annexed herewith as
ANNEXURE-R-114 (Page No ~V
True Copy of the Communication dated 03092020 regarding
NLAT 2020 addressed to the Faculty of NLSIU is annexed
herewith as ANNEXURE-R-115 (Page No -1) True Copy of the Communication dated 03092020 regarding
NLA T 2020 addressed to the Consortium of National Law
Universities is annexed herewith and marked as
ANNEXURE-R-116 (Page No It)
42 Therefore the decision to hold NLAT 2020 was notified on
03092020 only upon completing the processes described
above and with due and full disclosure to internal stakeholders
the Executive Council as also the Consortium itself
43 It is in the above factual backdrop and pursuant to permission
granted by this Honble Court in its Order dated 11092020 in the
above proceedings that NLSIU has implemented NLAT 2020 with
a view to avoid declaring a Zero Year
RE LEGALITY OF NLAT 2020
Re Statutory Power of NLSIU to Convene NLA T 2020 Scope of Executive Councils Powers under Statute
23 44 NLAT 2020 is implemented by NLSIU in the aforesaid factual
backdrop and in exercise of its statutory powers and functions
Pertinently it is implemented pursuant to and in terms of the
express decision of the Executive Council in the 91 stExecutive
Council Meeting wherein in the second session of the said
meeting held on 18082020 it was resolved as follows
The Executive Council unanimously reconfirmed this resolution to empower the Vice Chancelor and the University to conduct an independent admission process in the event that CLAT 2020 is delayed furthet
45 The power of the Executive Council to make this decision is
manifest from Section 10 of the NLSI Act which provides as
follows
10 The Executive Councilshy
(1) The Executive Council shall be the chief executive body of the School
(2) The administration management and control of the School and the income thereof shall be vested with the Executive Council
46 Even as per the settled law laid down by this Honble Court in
TMA Pai Foundation v State of Kamataka (2002) 8 SCC 481
the right of the educational institution under Article 19(1 )(g) of the
Constitution as recognised by this Honble Court encompasses
the right to admit students In the said Judgment at para 50 this
Honble Court held as follows
50 The right to establish and administer broadly comprises the following rights
(a) to admit students (b) to set up a reasonable fee structure (c) to constitute a governing body (d) to appoint staff (teaching and non-teaching) and (e) to take action if there is dereliction of duty on the part of any employees
47 As a matter of historical practice as well the Executive Council is
the supreme authority which is empowered to take decisions as
the chief executive body of the school The same is evidenced
from
a The decision of the First Executive Council meeting dated
29081987 - 30081987 wherein the mode of admission
is decided (produced above as Annexure R 1) and
b The decision at the Executive Council meetings dated
27012007 and 13052007 regarding admission through a
common entrance test (produced above as Annexure-R-13
and Annexure R-14 respectively)
2S 48 It is therefore indisputable that the determination of the method
of admission to NLSIU vests under the statute with the
Executive Council
49 The related contention that the Executive Council cannot decide
on the mode of admission without reference to the Academic
Council is misconceived The said contention is asserted on the
basis of conditionality imposed by the Second Proviso to Section
13 of the NLSI Act requiring that the Executive Council seek the
concurrence of the Academic Council before making amending
or repealing any regulations regarding the mode of enrolment or
admission of students As is clear from a plain reading of the said
provision the requirement for prior concurrence arises when the
Executive Council exercises its power to make regulations
50 In the present case there are no extant regulations in place
regarding or in respect of admissions into NLSIU
51 It is well-settled as per the law laid down by this Honble Court in
PTC India vs Central Electricity Regulation Commission (2010) 4
SCC 603 that the executive or administrative power vested in a
body under statute can be exercised independently of and
without recourse to subordinate legislative power vested in it
under the same statute In the present case the Executive
Council has exercised its executive or administrative power
which is not conditioned in any manner
52 The other contention sought to be urged in this regard that the
Vice-Chancellors decisions to hold NlAT 2020 do not fall within
the scope of are not authorized by the aforesaid decision of the
Executive Council dated 1218092020is also misconceived In
the first instance the said contention is wholly false for reasons
stated in the Counter-Affidavit of the Respondent No2 (the Vice-
Chancellor of the Respondent NO1-University) and the same is
fully reiterated herein In any event the said contention is also
untenable in law in view of Regulation 12 (re the Executive
Councils powers of delegation to the Vice-Chancellor)
Regulation 18(2) (re the Vice-Chancellors powers co-extensive
to the Executive Council) and Regulation 18(5) (re the
emergency powers of the Vice-Chancellor)
Re NLSIUs Power and Right to Conduct an Alternative Admissions Test to CLA T 2020 is not Constrained bv Orders of the Honble Courts
2~ 53 NLSIU adopted CLAT for purposes of admissions on a voluntary
basis
54 It is denied that there are any judicial directions to the NLUs to
hold CLA T In fact the Rajasthan High Court in respect of a
prayer for directions to NLU Delhi to admit students through
CLAT refused to do so in the case of Law Prep Tutorials Pvt
Ltd v Union of India DB Civil WP(PIL) No 754 of 2017 by
holding as follows
So far joining or not of a particular University in the Common Law Admission Test is concerned as at present we are unable to find any specific legal requirement where for any particular University may be directed to join the Common Law Admission Test by the Court Further the issues as to how the admission process and the examination process is to be conducted are required to be left for the decision and execution by the organising University Therefore as regards prayers Nos 4 and 5 we are not persuaded to entertain this petition
[Emphasis supplied]
55 The convenor of CLAT at that time viz Gujarat National Law
University was a party to the above case Therefore the
Consortium now cannot contend that CLAT is a mandatory
requirement for NLUs which contention is squarely contrary to
the aforesaid finding
56 In fact the Petitioners themselves do not rely upon any directions
of the Honble Courts in relation to establishment of CLAT or
adoption of the same The reference made to the Preamble of the
Consortiums Memorandum of Association in this behalf is
misconceived The language therein clearly depicts that this
Honble Court directed the Ministry of Human Resource
Development to convene a meeting amongst NLUs and the NLUs
then proceeded to consider the matter and resolved voluntarily
to conduct the CLAT exam The relevant recitals in this regard
as extracted below
AND WHEREAS on the direction issued by the Honble Supreme Court in Varun Bhagat v Union of India [WP NO68 of 2006 decided on 23112007] and due deliberations made by the University Grants Commission Ministry of Human Resource Development Government of India and the Council with the first seven NLUs the idea to conduct a combined test for all the thenshyexisting NLUs was conceptualized
AND WHEREAS seven existing NLUs in the year 2008 signed the Memorandum of Understanding dated November 23 2007 [the MoU] to hold a combined admission test to be organised by an NLU on rotation basis in the order of seniority
57 There are no Orders whatsoever in any of the proceedings
before this Honble Court requiring that CLAT be implemented It
is reiterated that the Petitioners themselves have neither referred
to nor produced any such Orders
58 The fact that the decision to stop implementation of the exam by
each participant-NLU on a rotational basis the establishment of
the permanent consortium and the inclusion of new universities
did not require any approval from this Honble Court also belies
the contention that the requirement to conduct CLAT arises from
Orders of this Honble Court
59 Further the fact that directions for modification of the process are
sought in Shamnad Basheers case have been entertained
without requiring the Petitioner therein to file a Review Petition
also establishes the said fact
Re Bye-Laws of Consortium
60 The contention that NLSIU is bound to admit students only
through CLAT in terms of the Bye-Laws of the Consortium and
specifically Bye-Law 1533 is entirely baseless for the following
reasons
c The Bye-Laws are a subordinate charter document binding
on the members The same cannot detract from or inhibit
the plenary statutory power conferred on the Executive
Council by the NLSI Act
d In any event Bye-Law 1533 relied upon by the
Petitioners does not have the effect as claimed by them
The said Bye-Law merely requires members in order to
eligible for membership to the society to adopt CLAT as a
mode of admission When read keeping in mind its object
and purpose the said Bye-Law cannot be construed to
require any member of the Consortium to admit students
only through CLAT even if the CLAT is not held ie the
Bye-Laws can never require a member to not admit
students at aiL
e In fact the Consortium itself has not understood or
implemented the Bye-Laws in this manner as is apparent
from the fact that all the NLUs are admitting students into
various programmes carried out by them (other than BA
LLB and LLM programmes) throughout without reference
to CLAT Therefore it is clear that all admissions to the
3National Law Universities are not on the basis of the CLAT
exam Therefore the contention that Clause 1533 of the
Bye-Laws compulsorily requires admissions to be based on
the CLAT is untenable and without basis
f Even assuming without admitting that the Bye-Laws have
the contended effect the same can only be actionable at
the instance of the society or any other members
Re NLAT Process
61 NLSIU as demonstrated above has the right to conduct its own
admission process in terms of its own statute In exercising this
right NLSIU has taken immense efforts and steps to ensure that
the test is lawful and also fair and reasonable
62 In the first instance the NLAT 2020 meets the triple test ie it
must be fair transparent and non-exploitative The NLAT 2020 is
fair insofar as it ensures an examination process that is
intellectually rigorous and meets the standards of integrity in order
to suitably judge the merit of ali candidates The selection of
candidates is based solely on their scores in the entrance exam
It has also been designed and implemented in a transparent
3) manner The examination is transparent as details thereof as
also the reasons therefore have been set out in detail through the
impugned notification NLAT 2020 is also implemented in a non-
exploitative manner by limiting the application fee for the test to
just RS150- for general candidates and Rs125- for SC and ST
candidates in order to ensure that students are not put to financial
burden due to the NLAT Further since the exam is an online
home-based examination students do not need to physically go
to an additional test centre
63 Apart from the same the authorities have also taken various
measures to ensure (a) accessibility and (b) prevent malpractices
These include
g NLSIU significantly relaxed the technological requirements
for candidates allowing them to take the examination with
minimal internet speeds and using a wide variety of
devices including Android smart phones and tablets
NLSIU also made available as many as 33 physical test
centres across the country in order to provide access to
students lacking the necessary infrastructure to appear for
~3 NLAT 2020 from home NLSIU further ensured that
necessary health and safety protocols were rigorously
adhered to at the said physical centres
h With a view to prevent malpractices NLAT 2020 is making
use of a combination of AI-based and human proctoring
Additionally the test structure has been designed in a
manner that minimises the possibility of candidate
malpractices This includes candidates not being able to
revisit a question that they have already viewed and moved
past and the randomisation of the sequence in which
questions are displayed to candidates Furthermore the
questions for the NLA T 2020 have been drafted in a
manner that requires interpretative answers which
minimises the utility of referring to the internet or other
sources for answers Since the examination is an online
examination all relevant data (including webcam recording
sound recording keystroke information data relevant for
facial detection window switches etcetera)necessary to
detect malpractices are stored and available with NLSIU
The said data will be critically reviewed and analysed prior
to completion of the admissions process Therefore even if
any malpractice has occurred the same will not and
cannot result in a student gaining admission to NLSIU
through unfair means The Proctoring Protocol established
by NLSIU to effectively detect candidate malpractice is
annexed herewith as ANNEXURE-R-117 (Page NO
64 Pursuant to the aforesaid efforts made by NLSIU to ensure
admissions to its programmes and avoid a Zero Year and
pursuant to the Orders of this Honble Court permitting NLSIU on
11092020 to conduct NLA T 2020 a total of 23225 UG
candidates and 2846 PG candidates appeared for the
examination on 120920200f this number a total of 122 PWD
candidates appeared for NLAT 2020 True Copy of the press
release issued by NLSIU on 12092020 depicting the said facts is
annexed herewith as ANNEXURE-R-118 (Page NOD4-)
65 In order to address any concerns that may arise amongst
candidates who have taken the exam NLSIU has also
established a three-stage comprehensive redressal mechanism
comprised of
i Technical Review Committee This Committee is
constituted to consider queries raised by candidates
regarding any technical difficulties in the NLAT 2020which
could be raised online within the web portal itself The
Technical Review Committee consists of Dr Sony
Pellissery Dr Kaushik Babu and Ms Apoorva Gupta
j Objections Committee This Committee is set up to
consider objections submitted by candidates in response to
the Answer Key for NLAT 2020 The Universitys
Objections Committee comprises Prof (Dr) Sarasu Esther
Thomas Prof (Dr) Mrinal Satish Prof (Dr) Arul Mani and
Assistant Prof (Dr) Bipin Sony The Objections Committee
will release the Final Answer Key on 14th September 2020
k Grievance Committee This Committee is constituted to
address any grievance raised by candidates who appeared
for NLAT 2020 following the announcement of results It
comprises Honble Justice Nag Mohan Oas Prof Babu
Mathew and Prof (Dr) Sarasu Esther Thomas
66 A small number of candidates made submissions to the Technical
Review Committee that they had faced technical difficulties during
the exam In order to eliminate any apprehensions of these
candidates that technical issues would affect their outcome
NLSIU has offered them an additional slot on 14092020 to take
the examination subject to stringent conditions to ensure integrity
of the examination All measures to avoid malpractice are
implemented in respect of this additional slot as well
67 The fate of these students is now entirely dependent on the
admissions processes being completed as per the aforesaid
schedule and commencement of the academic year on
18092020 Unless the same is done NLSIU will be constrained
to declare a Zero Year Consequently not only will 120 students
lose the opportunity to join their studies at NLSIU (or at the very
least lose one year in order to apply again next year) but the
same will also impact admissions in all other NLUs since - as the
first preference law school for most - the Zero Year at NLSIU will
have a cascading effect on all admissions to all NLUs
68 Hence there is no legal or equitable bar to conducting the NLAT
2020
69 It is submitted in this context that NLSIUs inability to complete
admissions will irretrievably damage the University and result in
significant impact on not only its finances but also the public
perception of the university Moreover the same will have a
cascading effect on the effectiveness of NLSIUs academic
programme and result in loss of an entire batch of graduating
lawyers in five years time All of these adverse consequences
will impact NLSIUs standing in the legal education sector
70 Hence it would be in the interests of justice and equity that
NLSIU be permitted to release the examination results of NLAT
2020 and complete its admissions so as to commence the
academic programme in a timely manner and as per its revised
academic calendar
It is therefore submitted that the present Writ Petition may be
dismissed with exemplary costs
I
DEfi~tifiNtTi~ VERIFICATION
p~) 8atl N-lti 20t 14301 Verified at Bengaluru on this 14- th day of September 202~th~fthe
contents of above counter affidavit are true and correct to my knowledge
and belief based on records maintained by Respondent No1 in the usual
course and nothing material has been concealed therein
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MLlutes of the Moeting of the AOpoundlcenio Councjl of the N ional 1(lI[ School of India held at tho office of the Bar Counoil of Ina New Delhi on 12th Doccnoor 1987 at 10-00 Mil
Tho folloWL-1g nenbero were pres SJnt --
1 Shri VC iVIishra 2 Dr S K Bhatnag~ 3 Dr NR Madhvt Monon
Dr K PonnUSWQl1Y1 Deln Faculty of Lnw Delhi 1Jnivors ity
ltt eo the CGGt ing1S S pee Invitee
Dr H R )~8i1hlt)va Menon presideo over tbo iYg
Dr Menon welCOfled the DeDbers of the newly c A l1stituted
Ac e71ic Council aYlO acqunint13d then with tne a~cisiorls Jf
tLe carlier neGtings of the Acadenic Council prior to tbe
estclblisroent of tl1e Sohool under the Act After cotliled
d1souslJions on th baeis cmiddotf the Agenda notes ciroulted e8rliel
the following decisions were t1ldeshy
1 COurses of Stuoy ~~ ~ -shy ~~-------shy
1ts ionnl
COUlSOS of Study lellc1ing tl the following degrcesshy
(lJ) 1m integrnted 5-ycar LLB (Hons) L11 viev of fC1 t118t q gret dell of Soc111 Snce knowlerge vrill be inrrtcd curing tbe 5-yrhr c)trrI3C 1118 Acad eni c CDUYl oil rcc~-)nentied tl1 -ct ~ conpos)(d~-shydegree of BA (me LLB H0ns be cQrferr(l t) the students joiniLg the Nqtimll Lw Solle)l of Inilin
(b) An LLM oogrGe which shall 0xt0tc1 -( )~)C yerr (3- lrincstns)
(c) Ln M Phil (1grae of Que yecr (3~dn0sters) durfti--n c~nstitllting of t8ohing ~nd resc8rcll
(a) 1m LLD progr12ne b(]sed n writtlt5n tlesls fterrJ Phil
Bes os the above cGgroG courseo tho AcCdedc Oouncil
reco---ampnds thmiddott 11 series )f CcntiYLuing Eauc~~i n POt1lS(S Cln
sl)rt aurticl be offerGi by the Nti0n1 Lw Scbmiddot]ofIneia
to levr tGcac~8rs ju(~iot1 Dffioers t aoninistr f)X3 Pltr~
contd 2
2
II BA LLB (Hems) Progr(lme-- -~- -shy
rhe j~cBdcGic COUTIcil rocsrinonos th~t TIl t
ysr only 50 students bo 1(lTdtted t~ the LL3
Irhey r1ny be 8818 ctea ~
purely cn cerit on the b2sis ~f n ~( 8f~ i0n test cncucted at fQur difforent TO (1uring My- 1988 Tho nininlJr eligibility liDS iJn t) S be fbcd t 50 Trks lL 10 + 2 Sc1~oDl 8X2nintiC I tho Pre-University Progrrne progrlrro be trol1ted cs equivlent t 10 + 2 S ooo oxampt Those students Whfi 1rcd f8r the quelify ing exmin 1t Len in 1982 bo leo lloweo to t ke the MirisGim 01 Cl provision~l b~siB ~d they n~v be 018 ii while preprL1 g the rmiddotjerit List provmiddot1Ced middot~V8 psseC t~ie Sqid eX811in~ti8n with 50u t11rkS 6 llC1ts8icn Test be h~seil on en objeotivo typo fluesmiddotlims 1116
fthe tost n~v be fox Hurtirrn of 0 ~~Xmiddot thrn 2 hours middotr11G test crln tnclu~() [ini rw~ bel of qUGstiCTls 7~middotlicb rO(lutres viritten 2J1GlJDrE t J(lniss i)ll t8 the L~~Vl SchoCl bb bnsc(l ~n1y on t~) b +li) ~)f tl-c yritton Aanissian Test
15 of the sets be roserVGc1 pound1 1 (0 ~1 ClfJtcs 1nd 7i- Schedulefl Tribes eVC1 for tl16 reserved Seqt8~ tLe reU1LUd i1nrks ot thc qll)lifying exmination ~Gd upor
er to be eligible for t1-u c2naid-te lilvC sccured 50 DtrkS 3 i11 tes t
tlpplic-blc ven f0r rODDYV 3 s ~ -ts ~
T~~e JC1nis3ion Test 1~Y be 11811 I6gj 8TIf1
8118 it is rec)~rQcc16C b- lccld
I nr nn~ TIn AP n ~ ~t Bng8 t lJYL~J r JL ~)
~ m I n er t 0 olt-nlse AlmiddotZllS810n icsmiddotun pror)-lo tl~e qUGsti8n pSpors frtrlurto tho Gr~~~G ren(1 f inJ1ise
sien List an i~dnission C 0 C)US1OGshyr the Director 0n trec tS8Cgt 1f tlt L_w be C0Dstitutcc by t-~G ecmiddott~)r
ccn1 td __ ~ 3
It is proposed thlt the last dte for reoeipt of lpplic8tions be fixed for 2nd My 1988 1-8 Ldnission Test noy be orgcmised on 29th May 1988 ndtho Selection List Jllnounced by 15th June 1988 Phe dDissim Day be 0)[1p1eted by 25th June [ltnO the cllsses be oODnenoed fron 1st July 1988
A suitable snount IJjly be fixed for the ppliotion forn 2nd the Adnis sion Test Fee
(b) AOlldenic Terns
Ecb Acadenio year be divided into 3 1Ogt1(Iio terns e 2Cb with a uininun of 70 working days -fis 8cadenic tern be called a Triuester Thus the 5-y8fr BA LLB (Hons) Pr ogrmne will hve 15 TrilGsters It is suggested thAt the J~caoenic year nay bgin frclTl 1st July and the caderlic ter12S uay aoopt tho folloWLl1r Patternshy
i) FIRST TRIMESTER - July 1st to Septemiddotbor 30 ii) SECOND TRIMESTER --- October 15 to JAllury15
iii) THIRD TRIMESTER _Jnuary 30 to April 30 (c) Oourses and their distribution
Eaoh Trinester nay carry not nore thM 4 courses with a totp~ of 12 credits distributed Ro00tdine to the inpOrtance and coverlge of the courses Jhe subjects courses fer study for the 15 Trinesters be 2S follows
~_~T TRIME3J1ER (FIRST YEAR)
11 Leg~l Professicn in Indian Society 3 or 12 Legal Method and M~terialS 2 cr 13 Law 8l1d Politicl Orgqnization 3 cr 14 LaW and MJrket Econoy 4 cr
SECOND TRIMESTER ---~----~--~-~ 25 Law in Historicl1 Developnent 3 cr 26 Responsibility for Injurious Conduct 3 cr 27 Lqw end Socil Orgemizotion 3 cr 28 Law c~d Agricultural Deve10pnent 3 cr
THIRD THIMESTER ---~---~--
31 L2W 8nd Intcrl2tion1 Relations 3 or 32 Law ~inorities mil Vc8ker scctiolS of
Society 3 cr 33 Civil amp Crininal Procedure-I (Oourt Systen) 4 cr 34 Eldctive Clinical ProgramplJJe 2 cr
C~)l ~d 4
--bullbull
4
9P~1 )2E1llEsect lER ( (13~f~~X~lE__ ~~l~~E~)_ 4 1 Hunn Rights Soci31 Jus-nice nno LSVi 4amp 2 Low 2nd S oci_~ Oontrol - CriLle and
PUllisl1DDnt 43 Civil41d Crininal ProceDure II 44Elective Clinicl Prog1flne
rUTH THIMw~ER----shy --~-- ~--~
51 Cririnal Lw~ Clini1Dlogy amp SDcb DLmse 52 LV nri 1~_ 1lJLy TI81st i0nJ3 1 53 Lqw Plnn jng 8 Ec~rnDnic DevelJcent 54 Contractu1 Rel(]tiirs an(1 RoneHes
(Spec ifjc Reliefs)
SIXTH rR IMES TER -~-----
6 1 N~n--Cririnq_l InjuriDus C~-nnuct ~ni of Torts
62 L8W (lud PYlily Reltims II 63 Law rmd Il1lustril Dcvelopnent 64 IUective Clinic Progr~nne
SEVENTN lE Ir1ES lER -~ ----~- -lt~~ -~-~--
71 L-w nnn Urb~1i1 Devel-prtEHrt 72 Politic Proc()ss il1il Cm$titutiDn~l
Devclopnent 73 Cns tit ut ionCll L_I 74 ~id8nco LAW
EICin TIi IRSScIER-~- ~----~ pl C0 np-YlY Lgw nnc1 Lrw 0f CO-ClpGrDtivos 8~2 PO0Tty LlW 83 Constituti~)nl 18W amp Litig1tiorl 84 Elective Clinic~l Pr~grgtire
r I~tTLtR]l~~ER 91 LwJ c)f Ins ur n es 92 TAx0tjDll L1w ~nd Public fiJ1rrnC C 93 In -1 Grn ~~t j n1 oer 80 e Law 94 Elective Clinic~l ProgrBLr1B
TENTH TRDillSrER (FourtL yer betdnilL ------~ - ----gt-- -~ 101 Leg~l Theory 102 Lmiddotbour LtJw 103 Mrinistr~tive Lw 104 ElectiVEl Olinicgt 1 Progrlrll1e
4 cr
3 eT ~ 3 eI 2 1
3 er 3 cr 3 cr
3 cr
3 cr
3 er gt1 cr 2 or
3 cr
CT 4 cr 3middot ex If
0 ~~
3 cr 1 Cr
c ) cr
3 cr Ac cr ~ cr 2
cr
4 cr 3 CT
cr 2 cr~
CUEto ~5
5 cr11~1 h -z cr~11~ Int~llectumiddotl
J13 lril1nl-I )1 Int rr ~ t t i1
4 CT 2 cr
l2 1 In t BI i l~ 3 cc
3 cr 12 ~3 L[JVI -nd Public C 3 cr 12( Electiyes 2 cr
13 1 Ct)r-JP1TQtivo LnN 2 eX 132 Itltlw PQverty rtlG S )c if~l Ch~ngc 3 cr~ 13 3 Lrm0 R0fcrn Liws nn0 liurnl DVG l~Yp iJrli 4 cr 134 Sctdnlir-Eloetives (to be lnnDUl1C()[1) 3 cr
~fJj1t~~~]~~ li l Public Intlt~rntrtiL~nnl Itlw-Int2TxL1L jA J
OrGn or~
112 ctiVi (jlurse 3 cr bull bull3 i1tjtiltn -f (lus ~iCi3-jt~te amp UyltLon 3 cr
l~~ ))rin -CiVeG (to he r1poundJrtiunc j 3 cr
cr bull 15~2 ~))cil bGUTity ~1rj t1~c Lq7JD cr 15~3 1rlrinstrdt)l~ II Jurrcice C ~Lre -]
til) I1IX Ili r1l ~i0 3 cr ~154 ~orlin~3 - c)iv(1S (t~) h( 11 3 cr
( middotb)V~ Bistx ibutin1 subjectB 18 t ~ii ~ middot~jYD +
Dllril1B tIl ~~r c-f cursc =-) dujc-cr be rG~rn RubstitOt0d ~r rCViL~ 1 ~lmiddot(i--middotr tD c~plctGly profJ8si~rt11 rvo i-l1 ~ Tl~l
LGndIt 10Vi utoD pnJ3S QU ~ iC)1
I 6
rhe DsdiuD 0f instruction 8l1d exaniY13tion in the lrl8h81 Law SchoDl sll111 be English ctlecst unt i1 C nctjonl lmglryeis ad opted for Rdiinistration of justice in t Scrprcne Collrt
(e) Ellpound~~tljty fDr cL~sectE~G fJ10 0x8r1tnatiDl1 sydoI1
In order tl be eligible for the dcnpostiiicc[CCC of RI LL8 (Hons) C~ch student win h~ve to t~kC C(lllXses fsX lt1 grrmd tot ~1 of 180 erea its in ) ye etXa bull
The norn)l p~ttGrn cd GX1ninntion will be ~ 1xittJTl test t the end of onc11 Trinester However in middot)middotmiddotl)ollri)le cases Intern(~di8Ge exnrJlltltion nne continuii1~ eV11utiCTl cy be ptilS cribed in different CSllrses
The exaninntion process will be entirely int Inl to bo dono by the totchors giving tho CGurSGs If sttvlcntc_
is dis-s1tisfied with the grfl(10 warded tw l bo ~11ow0fi to withdraw it in writing within 10 dWS thC11uounce-shyDG1Yt of the rosult He c~m inproVG it in t~c noxt cxninl~ tiorl ccorcing to tho rules prescriber] thcnt))
There shnll not be ~v eX8nin[til foe colloctomiddot- fr0- the stuc10xrts DClr there will be nn exaTiinaticm rcbuJJcrItirm given to the telchors
111oro shall bo an Exninutin C8Ul1ttee C0UEtjI1td by the Dircctlr for Bch ye~r with not loss th-n f t~r1ors of the NL3 by rot1tion Every tC 0 chol wj n JvLk tmiddot thG EXfninrjti~n COllJ1ittGO rt the bC[innil1g )1 Gcgt tr 1 nesteX tho Dutlme of the course ho is t0901-inr Tl1if1middot() plrm 110 j8
9~uimiddot ~1~ ev~I~t nn smiddot~avmiddot tJ c oLlrn
outline as well 18 thli 8vlurti)n scteDc will JI) )110 Rv8t18ble t) tl1C students st the bcgLl1nlng ~f t Prif1GstoT itsulf Cor1plnints regllIdingthe eV(ll11n-Gion [111 he sont ~() the EXfC11mntion CO[]littoG wllich will n~ko JuH~l() rliCClr1iJOnBtions on it withjn 1 fntnjght to t~) J)jrcctJr whose d(~cis ion there)n shql1 be finJl~ The )iX(ctD1 lOW()VOl-
wtl1 roport to the AC1dcrJjc Council Meottnc rcorrJ qf flU(h conp1nintg qno tict icn -Clken t~GreDn
~~ t 4n a Lvfl~r -1 U(ltVA-lJ Aiv uu OJ v p~rf~rr1 bull 1 Jl ~ middot1 I t ~ti
The evall1at bn systcn in tho N1S senll bet nm(h gTrc10S
in a Seven-point scole which will be IS f0110W~~-~
bull bullbull bull bullbull bull bullbull bull bull bull
(4~(ii
( iii) (iV~(v
(vi) (vii)
(f)
( )
7
outstanding (0) 70 und ~OVG A + bull bullbull bull bullbull 65 to 7 I A bull bullbull bull bullbull 60 to 65 B+ bull bullbull bullbullbull 55 to 60 B bull bullbull bull bullbull 50 to 55 C+ 40 to 50 c Below 4(~
~
In order to be declered successful in my course a student will h~ve to secure ~ny of the-ffr~t fiveshygrades Above given Those who re p1r-ced in C+ no C c1tegories will be accued to h1ve if-liled in eu oourses
Pronotion Rules
ProDotion iron 1st Tirlester to second Iriafster rome fra 2nd Trinester to third Trirlester will bG utotio irrespective of the rsults in the vnriou8 lxnoml1tion However pror1otions to the Fourth Tritlester 81111 be only to those who h~ve suooessfully aloorod rctlelst ten out of the 12 Cl)urses in the earlier three Trirlesters If a student has fdled in three or nore courses in the first three Trinesters tAken together he slnll be aaimed to have disqualified tQcontinue lS q stunent of the NIB In t1e case of those who cleared ten courltes out of the twelve they lJlY ltlpear in the renaining two oourses AS
Ex-students while continuing as ~ regu13r student in the seoond yeer
Sirilarly student DBY be autooatiolly proDoted frcrl the fourth to the 5th mn 5th to 6th doritlg tho second yenr His proDotion to the third year 1 e to tH 7th Trinester shlttll be only if hl sucoessfully olellrs a llinLlUn of 20 COlrses
The sane Patterns will be followed for pronotion fron the second year to the third year lnd fro tlirCi ye-r to the fourth year ffilO iron fourth yOll to the fifth year
N~ stUdent will be 1l11owed to avoid tlking ~nY eXlrdnashytlon on the conpletion of the courses excepting for reascnable cause for which prior perniss ion Dhou1d be secured fron the Dire~t or Further no S Gu(cmt will be eligible to take qn exanintion in 11 iltivcn course un1ess be has to th0 SAtisfaction of the teolnr cmcerned fulfilled the courSe reouirenents mrl hns sGcureo not less th pn 70 8ttend 9nce in the class in Sid CD tJrs e bull
cnntlt1 bullbullbull + 8
8
(g) TaOh 1~n~g Meh~il~ v ~s
The Nationnl Lqw Schecl VDS onplQyod vricrl tu~ch Dt3thods in ord er to pronoteIlLllt 1-4 iq oipltn~rT Cl1nll
~n1-nT qCt JDpreClalJ10n+ Jf 1ens0 B~s- ir~est lea1 prOD let~re~~ t1e ~cnool stall Grlplny SeninnLS tuitC)r ClmLCampL experlences Field work resealo1 (tTld Leg8lwriting Ill Ilppropri~te C~Urs0s cQopltlQt tve te~tctLY)g between teaohers 81 oliI erent S Db ~-C 8tS tr) be enployea to [11xinisG of the learning POt l-tj~_l tf) st udent
Clinic31 LeR_ql Eno(tt1011 r1~Rt f~rn ( Tl3ltgt rr- T~r 8pound p 8ssiual leglt1 eCuc9tin 8t t1G 1-~i2T ~l La SC1ClCl ACBdonic C~)uncil Te G nicnl O1 UC l shy
ti011 the first Cif the LLB 8 DL1e C0c credit nay given to fh2 t]J-tlng S un ts LYl clini courses
(h) Fee Structure
The tuittOXl fe8 fDr the LIB pTDgrrne co yelr nlY be iixeo Rs 1500- which ~oY be cCillsetccl tn 3 equ 21 inst Cllnents 8t the begilli1 ing riccstcr If foe is nct oepositBr1 within a week beg-inn elf the Trirl0Jster it l1qy collector 1qtemiddot fee RG 1- pcr (1 1] till tbe enfl ltIf 20 warkin c ~ys bull () Wgt8 ftleo to P~y iEHS vrjthin the prescri1o~ p2rio rl llte fco tffh)jr TI0T108 11f1Y be struck off f~~lt)~ t118 r~)118 They c nn be X-rv)nittc(1 on J)1ynlnt of rc- jSG ion ~ e Df Rs~ 100- an(l -l lt f1CtOTy r)pD1i ~)f ~TO$reSS ir~D H1Y teRche1 of tlte F~culty
t~J first tel p c SL1r ~~Tlcr Sl- jVLtiES
In 8rcler- to fttr~ct Deitorious stufients frD~1 te s ~ciJ-c~)nonic strJtl nf sc iety it is ~bs )lutlt)lr l1dC8SSry- for the NLS tn ioe AS ol-rships TIC sttpenos coS jJossible It ill bc to 1e 50 of the stu(Jents bS(y enjoy such S Every effort s])uld be e to seclJre S1JO~ OCOll~)Dic
L1dUC~rlents fJl prorlnting sctQ12Iship t tIle 18ss plivilegeo sections of SOci0ty
The 118 stuoents niW be provider Solmiddotn ip8 of the vlue of bull 500- q nonth 10 bull The S cho10lships rlry be lwcorfi ef m the bls report
~ 9
pound Sc~olr81ip CD~~I1ittee t be c~nstitutoz~ the DirGct81 with r~nbi3rs~ip tl1re~3 or )rt tmiddot -chers NIJ~ TttG SchclsrDhip Co~ittGe 11 pound2-8 i-ts cvn rules r-ne procedur0s wticl I11Y bG ~prJv~r1 y tl)8 Direct 01 ~he awnrd be given b~s ic11y on tcnderic ileIit)f c1Ylcliote H~vevert ec)noYic s-tus anc the s~lcil bickgrund of trL8 c~ndid3tes f~ ~-) be thore lnt cJns iCaTIt iens
Besides Sc)-lrsbips in deserving C1SeS eX(mpti0n fron Paycent of tllitinn fee lay Iso be grn-teooll tHl rsshycl~lt)end~tions of the Scilolrship OOle1ittee
(j) StlJdents nosidcmco
Tho ACCtcl r3r1ic Council strongly lccor1nenos t tle Jfutimiddotnnl Law SchODl be kapt purely ~s P J(8idcnti~ll University vvherein 11 the students bo r-uJrec t) s t y LD tle Hnlls 8pound- res io ellce provia r fpploven by the University Of course for suuconts bo1onging to Bmg-lori-i City the University nv ()xonption 1IOT res once in the University HDst cJ1siflcref1 ne8oSSAry Ii the lJ fJtionl Lnw School is unble to prov-ide it3 own hostel f8cilities it1~0dimiddott Jly it ~8y npprove such t-cc)fr801ti0n in th0 city ~A~iic s isfies tho reqllirenltmts 8pound thll resiltiontiql ckrc~or of tle University for purposes of stuDcnts 1 reBi(~ence~
~h~l1gh tr~c ClCC0Cl00ation nayhavo to be subsidised by the Universitv tho bJQrrlLvu ChQrg0s will -V( t~ bo cntirely D-GC by tho stuDentmiddot- ~Jihe bQa~ing c1nrccs DY incluo8 the sal(l~y of ossentbl stgtff Dainilined in thG Hostol by tl UniverJity+
(k) IXOlmU Clf stu r1ents md te~chers ~-~------- -------shyTho ]ITti~nl Law 8011001 ny initirte steps to nrrmge for 2xchnnge stuc-ents liId tS p c1exs witll other reputed Lltfl Schools within I n (l i3 ftnd outs ice FClr purpDse if stu0Gnts ~re inviued t8 ~nother L~m Scl001 0n~ un(lort ~ko courses )cQ()rding tJ their regQl~Girns they nay be given due credit witr tho ourriculllJ1 prescribec nt the [rIB
l18sters vrt th three courses in olt~c TrtDesterbull
nay be selc cted by the ~dniss i011 CHl1it-tee
10
on t1t bosis Df their PDSt QC80enic ltJc8rd pnrticllrly
~t the LLB level The Adoissicn CGr--ritteo C8Y J~S0S8 their
l1ptituce for higher studies -nr r~se~rch in l~uf en1 tl-Je
suitQble reoolrJenc ions for their ~cT1ission C(1~ljssi0n
Gay bo done thr8ugr~ nmiddotn int crvievi bes ides ~BS08G~nt )n
d8cuttentary Dtteri8ls
subject ELrODS of crtst utimiddotnrl lZV1 crif1i-nl J~w irct-)rnltti)n~L
11l 8110 corDerci(11 Inw The tctu-11 subjocts rgtf tl~o CQLl1~3e
in ~ny of these subject ~rE38 DfY 0 decioc r1 nt ~c giCl1jTIe 0301 lGnT ty the Fcculty CiDCGrner1
The conpulsary c)urS8S f0r LLM shll ~S fo 11oyts
TC)oing Llothoos ond Curriculqr 0(veloprcnt
In0i8ll LeGal JhilQSDphy (n~ Conter~110r)TT J ~Jheory
(iii) Constilutinn Writ
(v)
Tile zistributi0Tl of the 12 cDUrSGS i1 TOG
TrJi03tcrs fer bullbullbull 1 fly be
rs fl1owsshy
11 Ee ~cl1ing IllethQ0s and Curiculur~ Dove l~l)middotont 4 cr 1 iI 2 In~ itn Leel ~Plilos ophy ~J1fi C~ntcnJor
I CY[hcory 13 Course OD subject sr09 - optian 4 cr
SECOl~D THIMESTER--------------_-~-~shy4 era21 Ecsecrch TlIetr6~ology ltmil Leg11 writing
22 Constitutionl Lw We HlUlDl Rights Jurispru(1 ence cr
2) Course nn subject oreq - option cr
THIRD TEIIV[ESTEn ~----------- t cr ~Lnw Society emf DevGlopncmt~
4 eX 1shySeT innr Y select tOPlC - opv1on Ii crCDurse on r~ SUbjlt3ct (1971 - optiQn
51 i 11 shy
The eXElDjnat ion p ttnn for LLM will 1leo be the
S8L1G nB suggest for LLB H)wever besides ilt8rnnl
eXlDi1()r for every COl1rse in LLM there sholl be TXl external
8x~lCliner as we il bull The questions however shell be s only
by the intermll eXEnL1er If the difference in vlurtiim
between the i1t ernat exariner auf the external Cx~in()r in fl given COUXS3 is less thtil 207~ then it vi11 be 000tl00 th8t the
aaes assignod by the intornnl exaniner shall bJ iTJ gra0e
tD be assignee to thD candioRte However if t rG is D oiffercnce
nore th2~ 20 between the intrnal md exti3rucJ ll1 given
c)urso it 8rlt-11 be referred to a third exrn1inc~r outsiclo tre
National Law School whose evlultim shl11 be Il~e score to be
assigned to the candidate on thHt subject
Tuition fee for tho LLM progrlrlrJc be fixo(l 01 TIs 1500shy
for tho full course at the b oginn ing elf Cqch Trinestor
nr M Phil Progra3o--------shy
rho M Phil progrrU18 is to bo for one you c)xiending
to 3 rrinGsters It ShBll be exclusively cons istlt)d of research
8110 tolching Every stunent Ilonitted tel the M Phil rrofr~rle
stHII have LLM clegree and will fulfill the te1cing rnc
r8SCQrcJl reguirODonts prosoribed by the FFculty tIle HIS
In order to be eligible for M Phil degree besiaes
c)nrlCt ing the teSlching 4nd research req uirenentJ during the
yoar eV8JI cnndidst0 Dust sUJnit the rlBsert~tion gt11 - t~)pic
~Dpr0ved by tle f8cu1tY Ihe desert~tion Sh~11 be 8tC]ine(1
by two extern8l CXfniYlers suggosted by the foculty n( nppr0ved
by the jcdenic Council The degroe shall be confarod to
such of those cllldidtlt3s who roceivo varible rerts on the
desert ot ion fron beth the eXAniners If there is c ifferenoe
of opinion oo1Clngst then it sb011 be referred to D 31d eX8iner
Ind thG oecisicm of the [Jajority 8h[11 be finnI
con-cl 12
12
For the 1 Phil prcgrne nJ tuitbn bo csllected
HClwever a SU of TIs 1000- be csllectof yvcry ftllint
DJlnittecl t~ the ]1 bull Pbil progrlne townr18 lJc1 ion nd ftilitios
thl School
v
in vvhich it CJY c8nfer )n LL(gtD (jegroc~ lhe 11) 1)
0xc1us ively on ttJ b(lsis of C written thee t J
whJ hel9 M Phil degree fron the National L8W Sccol
Every C8l1dieJatG registGrine f)1 the 1L]) PozrrIJ18 be
required to be Ll residence at the Nstioncl L2W Sc1icJOl fJr
qtlesst ono (lOaOoOic year durLlg vihicb they SIh 1 cng in
S l)ch tCaching nne reseerch t)S SSS ignc(l to tbG1J 11 J DirectDr
If tho Un i versi ty
five
iiifferJnt nrtogorics 8pound t02chcJS~
(c) cift[S )rs
(bi l)ss~ci-to Jrlf~sscrs
(c) Jissist-nt Ij~0fcsZLrs
(f) l(J junct Profess Irs
(0) Ron
All the qbove professors ssocilte pTC)Csorp nt1
Assistsnt prOiOS30rS sh11 be r8gu1lX teocDaXs nf 11 ficl001
oC1wing the revised scnles of py pT)scribCHl by t1 ~Jnjvcrsity
Grnts COiJr~jssiol1 Tho sC11c prascribef by the UC bull -Yl(1
lt1Plroveil by the clenic Cc)IJl1cil fC)r the v1riupound m it ions
810 tS jvon bolow~-
p~ y structurc (f dj~ffcrent ote~gnr ics Df t()ichG)~8 Nt Law S chol of In1l ~ fin ~VijrS ity
13
1 Prcfessors Rs 4500~150~5700-20077300 2 Associate Professors Rs 3700-125-4700-16Q-5300 3 ABott Professors Rs 2200-75-2800-400-4000
4 AssttProfessor(SrSoale)Rs 3000-100-3500-125-5000 5 Adjunct Professor Rs 1000 PM (conso lir~ted)
6 Hony Professor TADA for visits 8ocOr~tng to rules
Besides pay te1chcrs will be entitled to Dqrness allowmlce as prescribefl fron tine to tiw by the Cmtral Governnent me onnroven by the ~xecutive Council Further they arc entitled to Contributory Provi(lent Fund and Gr0tuity blnefits 9Jl 0(c1red noer tho rules If they lrC not proviied with nocol1Liodqtinn teqchers will orqw Hnuse Rent qllownoe 213 preScribe by the Central Govern1ent for E class Cities If acco=odation is proviCled by the School 10 of sillary will be deducted towBroS house rent
Out of the above scales the Selectinn COLl2ittee will hayti the freei 00 to reconnend enh8l1ced salary tn tlose cons idered
olrtstrmdingwho nrc selected for Ilppointnsnt to (t TIB
In the initi-l stages it is rscrnnendod lt (11
apPoixltlJents of tecchers in the ~IB includingthe reulr
teachers be on 0 cAntrBct bQsis for a period extendL~g upto
3 yeajls The iccdenic Council has npproved the tsr-s of
oJ1trwt cont incd in the nodel clntrct enclosed ith these
nL1utes as Appendix
To begin with the Acaocric Council )greos wimiddotth the
earlier deoisions to have five professors five oSfjocinte
Professo2s lnd three Assistcnt professors to be BPIointed
forthwith However these pOSitions n~y he filIon only if
des erving 0 1nd idates are IlVliLlble for appointent
The io(deric Council h8S noted thgt (l(1vJXltt e~ents
for filling these posts have alranoy been given n(1 18rge
nunber of applications fllWe teen received in r(lSpo1S8 to the
ltcvertiserlent In this connectim the Acafle-1ic Cnunoi1
strnngly reooL1Lends thqt so f1r s the pOSitions of profess oxshy
s1 c(gtnccrne0 the Sollct iCon COT1Jittee 1PtY be rC0UGstcc
t) cons ider ouinont lqw teaohers in the OClunt ryr
hlv cpplied in responstl to the qtvertisonent 1nC rocoDime
Hl cl~ perD(gtnS WhOI the NIS Gqy L1vite suitltJole trns this
c)ntd 14
14 54shy
is necessqry in oreer tc enable the NIS to hcrye c CClre
fsculty of eninent aOndeDics to develop the ~c~~vit of
tne school during its infPLCY
111 teachers c11e(1 for interview ncW be pei(l one-
way 1st Clss train fnro fron their p1ltJce of rosiccl1CO to the pleo 0f inter-view It is s ugf~csteij tht if nccGssry the
interview nay be helo at BmgclClre ino Delhi
nininise expond iture enCl will be he Ipful t the c middotmiddotncl ia middotto
~re teachers in v8rious Universities
All regulnr teachers appainte(l L1 the
provided living icco=odticn by the School n cess ry the School Dy t~ke flats on lease fnd provife it t) tbe
teachers fron whon the rent aocording to the Rules by be cOllected
of persons ny Is 0 be incluiled in fncvIty
(8) Adjunot professors
In view the need for teflcl1ing Soc Sci(mce
subjects in the intogrlted Iw cllrriculun it is noces11ry
to hrvG Social Science te3chrs 8ss0ci8teo pitll middot~~O iculty)
Sinoe it ny not be neoeSS1ry t l1lve then 8S
atleast in the ~innLllf the JuJ10elic Oouncil rCCmiddotmiddotGnts crefltj CD
nf four P01t tine Itc1junct prQfCSSClrs in the BubjioC ec~nJlicsy
Sociology Hjstory nn English They nay be flPP[)ill ( fT(r
servine or ret ired teachers of City c~llegBs in 13 1010
They coy provided 8 nonthly honorariu[I cf lis 1000- ~nO
tbeir ClPpoL1ttlGnt be for one yesr renevcble t of the Director A 10CBl Selectim OOlJnittee
by the Director in orOOl t C loleet the Ad junot T-f mS0rs bull
oontfl
55
It is neceSSary for the NIB to Bssochte Sr nc1vooates
md eninent jurists in the teaohing md researoh progx2cDcs
sf the school The Acadenic COllncil tberaiore ncolmends
that a Panel of distinguished lawyers and jurists be invited
to join school as Hon~ professors They nay be invited
for a tern of 3 yeArs dur which they shall sJond stleast
one Llonth d lrring the year in tead1ing pJ)d rcserrclt the
School When they visit the School for teaching nd resenrch
the Hon professors DlY be given the neoessary hospitlity
ana wherover ne cess xy TL 1ccoriiingly
The icadenic Council hls ~greea to t~lo sUB~oJtion of
the Director of inviting the following sigh pltlsms S Han
prOfBSS ors
(1) Shri KK Venugopal
(2) Dr LM Singhvi
un 3h1i Soli J SOXabjee
(4) 3hri Fali S N prin31
(5) Mr Justice PN Bh~gw~ti (6) Mr Justice VR Krishna lyer
(7) Mr RaJethr1alani
-lte) Mil-bull P~ ltJ-UYrftFl~
(c) Research Associates
Tho AcacsLlic Council feels thlt 8tleast fo e yegr
or two the flculty nay have to be given sonc rcs
support for preparation of telching notltsriaLs lud coordinating
the teaching progrnnns 101 this purpose the cric Council
reCJIlGenoS the appoictuent of two Research LS80qi GS who aremiddot
quolified with an LLM degree They nay be seleol 1)y the
Directox and nay be paid a cmso1idlteo sun of Rs 1200shyper nonth for one year
(0) Panel of Experts
The Aoadecic Council recolJr1ends the following 15
nanos to be included in the PAllel af experts I)r b8
contmiddot~l bullbullbull 16
16
invited to the Selectim Connittee for Faculty p0sitiol1S in the NIB
Ponel of Experts f( the Selection 0011nitte08 to be cmstitutec fr Fou1ty seleotion in the Nntionol Lw School----__--__-------- shy1 Dr S K Agraweln Vice Cn1ncellor l~gra Univ)rsimiddot~y lgrn 2 Dr GS Shrna Ex-Deem FlCultyof Lw J~iPllr
3 t Dr (Mrs) licG Jacob Director InAiBn Law I1stitutc1 1r1Jlr2i
4 Dr 1arlt3 Divrom Ex-DeFm Faculty of Llw Chm(~ isrl1
5 Dr Sp Sharna Dean Fqcu1t)r of Lw KCluh-s)otr University
6 Dr S P SRthe PrincipAl ILS LRtV Cjl10go~ une
7 Dr KB Rohtgi Professor of Law Delhi Univcrity
reGen Uni
9 Prof GV Ajjappa Derm F1culty of Llw Krnt-kf University Dharwar
10 Dr Upendra Baxi Professor of LOlW De1hi Unjv0rsi-y
11 Dr SN Shukla Ex-Den FClllty of 111 Lll211obnc 1Jnlversity
12 Dr RK ~i[ishr3 DerI11 F8Clllty of Low Bmcr-e ~jn(11J Universi ty
13 Dr Misheh1l1-Hss~m F8culty of L Aligrh Nuslir University
14 Dr KD G~llr Dean F~culty-yY f( c Ij vfk Y h - 41
(1) Leg~l Services Clilic
services clinic in the NIB forthwith It is eas n~ t8 pive
the nocess~ry support to the clinic81 e(~ucpti)n progrr1rroeuros
of the SchooL A Fgt1Clllty Conittee tiny be cDnstiiutcil by tre
DirGctor for the purpClse which D develop the ll TOS
to be irstituted Bn9 the pBrticip1ti~n of stu(1miu 10 be
decidsd in then In order to orgnise the clinic the
first instrgtncea sun of Rs 10000- DlY be provjelt by the
NIB It is expecteil that the Clinic will lterm s uppcrted
by the St~te Legl Aid BOlrd 9Ud the Centrl LGg~l services
1luthorities
for the orglliz~tiCn nd fuuctL)rJing of the Lug
Clinics
17
(D) Continuing Educat ion Courses
In order to n~ke the best use of the rusources of the
NIB for the coonunitY3nd to nke its progrrulD0s 80eie11y-an~ proiess ionally useful it is suggested that t~10 IrIS nay
engaije in l series of continu ing ed uc it i-n progr~tJos for
different sSllcents of the profess ion including l~w t Gpc1wrs bull
Of course these progr[]ues r1Jy be f k1anced by t10 spcJllsoring
lgene] 1l10 NIB nay provide expertise of its fcuHy no
organizational ssistlnce
In this connection a beginning nay be 1rJ]e by offering
to the Karnatltka Governnent and to the KClrnatqlm liiEh Court
for the training of its officers in the Law And Jll(icictry colrtrlents
(n) Research 1l1d Publicfltions
In order to strengthGn the teqching progJnnes of the NT tmiddot bIt t 10 bull h 1S a so U iltJy necessary 0 uave on gllne rese[ro
projects 011 various aspects of law in develpncnt rhe School
nay seek funds fron Agencies within anCi outside t~c governnent for sllPllort of its research activities
In this connection tho Lcadenic Oouncil welcQnes the oecision to publish books on Econonics Sociolo[y
History Politic~l Science end English for law stu0nts by
the NIB It is desirlble to get thase nat)lials sllit~bly
edited by the Sr Faculty of the NIB and publish i1 the nane of the NITi
Bes iaos the above public9tion the liIB sjoulrl brillg
out an Half-yearly Journal on Conterpor~ry DevolojlrJGnts in d liferent brqnches of law 1~lt rqy be celle( the Nationnl Law Review and it nay be funded by the lHS itself
(0) A Centre for 1foI1cn and nd Law
In view of the incJeasing inportBnce of HunAn stuiell
18
end support be jng offered by the Univers tvli ~ L1 G~t~gt1
CotlTlission anfl the liiinistry Of HULlrm Develoment middott le
NIB should set up a Specip1 Centro for stuCiy issuos jn trw concerning the stntu8 )f wonen 8uithle proj~cts D-1y
be developed by the Faculty nno Jppropriate lSS ist-nce
sought~ fron fUTIr1ing CenC10S A cp-lti i~-~I+~fltvUlYJ v ~~ ftl1++Ov bullbull ~~l
[jay be constituted to look lfter the developnent 0f this
Centre
(p) Institute in COLlpartive Law
The irlJ)rt~oe of c0nr~rrtiVe law studies r
scholArship ClYJC Internrtiolll relatiUs Cilntlt bil rvorshy
enDh~sizec Inview sf the rnle )f our cOl1ntry in re3i)n~1
cooperation -4l)a Internati~)n$11 ldllti0us LYl InstiCUt0 f
Conpar ~tive Lw is nost IlpprOprillte Ll the NL 2is 11
give the neoess-ry legll support to Indias posi- in
SA1RC countris rnd the TIn-81ignc-n rovenents It ~ iv rIS)
org1nise spooi~lis8f studies r0gion~11y OT cotntr~-1fise
In this regard the Acnilenic Council rccocows oi1
lt)ttention to tho study of Sooilist Leg31 Systcn icul~rly
bec~use of the ncnd to (levolop socialist JUT lSlu(lnco in
the present com --xi of Incia
(q) Libx8ry Developncnt
~in Institution like the NatirYll Law ScbCDl ~J1Dul(i
aspire to o(lvelop librnry fciljtios 6ujt1-110 tel c tGr to
its ao0(lio and researoh cgtrritnents Of course ~ wi
tke fl long tine and a suitnble p1n snoulil bo lovcloped
by tho libr1ry stf of the NIB Me luwhile the ITIS sbv16
-nmroaoh the funding I1gencies within the ccuntry ~lY 8utsi~o
for its libI eery icvolopnents
18
The Pore FOUnGRtion iu IndiR nay be nppro8ched to ssist
the librry in securing volllnes of inpelrtnnt fOIcien
legal periodic~ls and to Gnrol subscriptiDn f0I CllrJO1t sues )f thse pllblic8tims
Sinil31ly the GoverUDont It the CentI -1( in the
st ss Day be nPIJroached to give atlease one copy of its
public3tions frse elf ohlrge to the NIB Library iIecnwhile the
0ssential reports and textmiddot Books ny be irL1ed ictely purchnsoil
befor the connencenont elf the Lonaonic yo 1 bull
(p) Institution of loadenic Chairs
It is an excellont idea to ssocite priv1te
philanthrelpic institutes with the rlevelopnent of tfIS Besiiles
seeking su itnb Ie donat ielns the Acanenic Council rC1celrrcnds
that ina ividuOols nnd institutic-us ny be appronched to L1stitute endDvlLients f8r setting up tte AOf)c(mic Cpoundirs in
different brpJ1cf8S cmiddotf law It is estin~ted tht Cllrir
nay need [ill End ownent of lis 10 lskhs t lt) S UPI)Ort J~cofess Oshy
ship qne necessary staff
DmECTOR 12-12-87
SQf1 -
2007
ANEure R-J13 amp1
1inute of the leeting of the Executive Council held on Saturday the 27th Januan
Item 0 2 - Common Entrance Test
It was resolved that
We accepT in principle holding of a Common Admission TesT but we reiterate that the responsibility of conducting the CAT should be with the NLSIU 50 that the same standards can be retained
Item 0 3 - Ratification of faculty appointments
RecLUltmem - ror raritication - VC said that the consent has already been obrained by circular
Regarding 4 additional increments to Mr Sairam Bhat
The committee disapproved the additional increments given to k Sairam Ella as it is not in confonniry with rhe UGC Rules Tile increments given to others is approved
Item 0 t - Ratification of the administrative staff appointments
The Regularisation was not approved since the procedure was not tolloved properly EC 1tll1her felt that there should be proper records maintained in the process At any cost the backdoor entry shall be avoided
It Vias resolved that
The Registrars olliee should prepare a note with the individual candidates derails and a proposal can be made to EC with the relevant information about their service pay confidential records nature dUties educational qualification etc Also whether the candidate is qualified or not With the complete information the note may be placed before rile Executive CounciL Untillhe decision is made the consolidated pay whalever Tiley were getting should b paid If necessary a meeting may be arranged as soon as the infonnaliol1 is ready
Item 0 8 When Prof Hegde raised some objection regard1llg the irregularity in paying the adcitional increments the Committee insisted to make a formal complaint then they will look imo individual cases
The Committee also suggested lO prepare rhe Rules if already Rules ere available and if modific3rioll is required make a formal proposal and place it betore the EC
As regards fuation of pay to Ir Somu C
Tile EC disapproved the appointment letter issued by the Registrar Howeyer considering the plea of the Vice Chancellor the Executie Colll1cil suggested his presem pay of Rs 25675middot may be protected and new appointment letter may be issued with the relLled amount ie Rs 25000 and not 29000middot
Item ~o S - Investments
The Committee was of the opinion that the office should come out with a proposal ghing a clear picture indicating where it ill be invested- hat is the present rate of interestshywhether to invest in public sector or government organizations and not in private institutions etc and which mumal fund you prefer and reasons for the same The proposal with all the above information may be placed before the EC jx its approvaL
Item ~o 6 - enhancement of tuition fee
Approved
Item ~o 7 - Pension payable to Ms Pushpa eeL Dept
It was approyed and informed that the same pension mte can be appUed as it is applied in other cases
Item ~o 9 As re~arcls inIormation to be ginD under R II
It was approved that only the resolmiol1s can be given and not proceedings
Item ~()10 - Revision ofmerlical budget - Beerappas cae
It as agreed to revise the medical budget
Item ~o 11 - Agreed
Registrar informed the Committee that Prof Bebu Mathews lien will come ~o an end by 3132007 The Committee felt that h silouldjoin before lhe date and if not illS lien will nOl be extended
t~XI item - approved
Item ~o - Increments to those who have reached maximum
The COlllmittee recolllmended that a proposal proposal may be placed before the EC based on rhe CGC Rules for graJll of increments for those who have reached the maximum scale Bused on the proposal the EC may gram some stagnation incremem as per Cemfal GOt Rules
Registrar inf()rmed the Commillee that he is nor genillg any separate allovuce for holding Ot1ice ofRegistrar as he is doing both administration work and also teaching
The Comminee was of the opimon that Ie the maner be placed before Ie with a proper proposal - 11l order to finalise graming of a special aEowancc for a Professor whe11 he is appointed as Registrar during the IeIm of OUice of Registrar
Item ~o 27 - ASLEA Conference
When the Registrar inionned the Committee about the receipt ofRs 1900000- from the UTI Bank towards organizing the ASLEA Conference und that the same has not been rellutted to -rLSIC the EC resolved that
whenever such Conferences Seminars conducted with the coordination ofthe -rLSlt a detailed repolt must be prepared showing the amount received by the concerned Departments i sponsorers xpenses incurred what is the income earned by -rLSru from those Conferences Such reports lUust be duly certified by the Registrar and the same should be placed beli)ft the Ee
Finally EC strongly reconlllended the -[inutes of the Meeting shall be circulated tor approval immediately_
Item No P 3
GRH - Some adyance increments would be -let that proposal come separately Some of the - those who hold the shy
Increments only for the Lecmrer and not for the Asst Professor because he bas PhD Mr Sairam Ehat
UGC Rules - AJD - With the modification for
Let there be a proper note circulated
Sairam Ehat - increments to tbose who hold tbe lecmrer post - Registrar denied shy
Make a proposal for amendment of Rules - we may apply the rules
IF you find any rule - please make applications - before Ee if it is fare
AJD - posts are already there - but here is a situation wherein certain people are working since so many years - who were recruited directly - since 1998 - at that time we were not in a position to appoint shy
The Committee should have been constituted by EC - do not violate the mles
Call for application itself is out of question- they should also face the Committee
They ere on consolidated basis shy
VVK-
You can regularize - there should be some record - prepare a note call those employees - back door entry should not be permitted - we are not against them - the power has to
be exercised by the Ee
Who had approved the internal circular - VC admitted - he himself - it would have been discussed in the meeting Let them also know who are the members of the
The Committee took a decision and authorized Justice Mallimath to take a decision about the
VR Reddy ad hocistlJ should not be there some kind of a procedure should be followed - middotou may appoint a complttenr persoll- but procedure should be foHowed
lallinath m accept his OWI1 statement and pay him only Rs 25000- and nor 29000-
It shall not be treated as a precedm-
You may refix it and ensure that it rotal should not be less than what ~le is drawing 110W
ANNPorsR-14shy
S)finutes of the meeting of the Executive Council held on Sunday the 13th -Iav 2007 at 1 000 AJ
Item 0 1 Confirmation of tbe minutes of the previous Executive Council meeting
With thi permission of the Chair certain decisions have taken at the EC meeting a report of rbe action taken should be placed before the neXI EC
Item ~o 1 Search Comminee Chair Professor as LS1C
Resolved to constiTIlte a search committee consisted of the following members for identitymg s1Iimbie persons for the appoimment to hold the position of the Professor of different eilirs at NLSIl The committee shall be entitled to consult distingUIshed persons for the position the searchcol11mittee shaH plaCe the names so selected in the next meeting for (ile tina decision
1 JUSTice vfaIimath 2 Vice Chancellor 3 Shri Patnaik Silri VR Reddy 5 Mr Gopakumaran air Chairman BCI
Tile members of the EC have requested to suggest suitable names Registrar shall be the Ex-officio Secetary to the Committee
Item ~o 1 The EC consrituted a Committee consisting of following members to tinulise tile niles placed before the next EC
L 5111i BS Reddy 2 ShriDesai Chandrashekar Kamataka Bar Council Chairman 3 Prof V agaraj -I Shri BD Hiremarh
Registrar shaH be the Ex ofiicio secretary
Item 03 Common Entrance Test
It was resolved the modify the resolution to the followin1l ctIeer that the VC should take the stand that having r~gard to the pr~emin~nt pOSition ofrhe NLSIU being the pioneer in holding the Test it should play the leading role in conducting the Common Entranccent Test The VC is requested to persuade the other Vice Chancellors in this behalf
Itelll NO5 Resolved that the proposal contemplated by agenda item no 5 shall be finalized within a week and the approval ofrhe EC sought by circ1Ilation
1
Item 0 6 Increase in fees by Rs 140001- over lasT year was approved and confirmed
Item 0 7 Providing information under RTI Act - Based on the issne relatinl to the publication aboUl Law School in Times ofIndia under RTI Act aIld the issue of~hai can be released in the Press under RTI Act was discussed elaborately though no conclusion was arrived at It was resolved that the information must have leaked bv the administrative STaff and a stern w3ming must be given to them to prevent such happnings in the future
fain Agenda
Item 02
I Reguarisation of the services of administratiw staff
It was resolved to approe the regulanarions of services of the following with from ovember L 2006
i) ills Pushpa Kadam ii) VIs Vidya SG iii) vir Umesh iv) iIlr Naveen Kumar v I VIs Premll Kummi
Resolved that having regard to the exigencies of service becomes necessary to make immediate appointment the VC could make such adhoc appointments and bring it to the notice of the Executive Committee lllunediately in the next EC meeting
Further resolved that if the vacancies should be filled up as per the University Rules and Regulaliols and if ad hoc appointments are eligible to consider their applicatiolls as well The cases of Ms Gma Ms Jyothi v1r Gulam Hyder and Mangala Gowri were not considered for eguiarization as they haye left th se[ce long back
(3rinLoIlldence increments(QthQslt who acqmre ~LPhii and PhD desree
Keeping in mind the UGC guidelines issued on the basis of the Order of the Govt of India dated J July 1998 and the resolution of the Executive Committee dated of August 1999 the Executic Committee resolved to extend the benetit of advance increments to the members of the tcaching statT acquiring PhD or tPhil degree respectively as follows
1 4 and 2 advance increments will be admissible to those hold PhD and tPilil degree respectively at ihe time of recrul1ment as Lecturers and Assistant Professors
2
2 4 and 2 advance increments will be admissible m those who acquire PhD and VLPhil degree respectively afrer the recruinnem to he said post
3 Associate Professors oJlwards who acquire PhD degree after 781999 shall be eligible for two incremems
The aforesaid provislOllS shall be given ef1c to from 781999
4 Appointment ofMr Somu C
After an exhaustiVe consultation on the issue regarding fixation of rile pay to Mr SOlllU on his appointment as Assistam Pro1ssor the Execurive Council resolved to gram four advance increments in the pay scale of Rs 10000 to 15000- so that the total emoluments will be receivim could not be less than the total ellloluments he is recehing in the priare college vhere he is Sefnllg The offer of appoimmcl1t aLready lllade shall be rnodified on these lines
Item No3 Stagnation increments
The Executive Council decided 10 grant the bendt of stagnation increments contemplated to rhe employees of lSIC The proposal in the agenda to grant stagnation increment is approved
Item 110 -I Institution of Allen amp Overy Chair on International Financial Laws
The Execmive Council approved the action taken by the Vice Chancellor in esmblishing a Chair on International Financial Laws 1Inanced by vIs Allen amp Overy Londo It is resolved 10 convey the appreciation Bnd thanks to the donor
Item ~o 5 Convocation
The sltlggesled the tc)Uowing names tor being invited to be the Chief Guest lor the next Convocation
L Shri Gopalaswamy Iyengar Chief Election Commissioner 2 Shri YV Reddy RBI Governor 3 Shri Fali Slariman Sr Advocate 4 Shri K Pachauri
In case none of the above are not mailable the Vice Chancellor may at his discretion invite any other suirable dignitmy
Item -0 6 3 reservation for physically challenged candidates in the Admission to XLS
EC defened it to the next meeting The Registrar shall place before the Executive CounciL a copy of the Act the Judgment rendered by the High court of Karnataia and
3
- -
bt also a copy of the report said to have been submitted by Justice Rama Jois if available along with relevant judgments
Item 0 7
The EC committee decided to consider the incentive to be given to the staff members on the occasion of the Silver Jubilee function of tile University
Item 08 Selection of the administrative staff
The EC felt that the response to the advertisements being very pOOL steps should be taken to adequately advertise and invite applications afresh In view of the urgent necessity to carryon the administration the EC 3mhorizes the VC to make ad hoc appointments pending regulu recruitment TO the posts of Secretary Office Assistants and Junior Assistants Adequate steps should be taken for adwnising posts indicating all relevant details
Among the three members to be nominated by the VC under the LSIU Regulation 4(c ) the Chainnan of the Karnataka State Bar Councilor any member nominated by him shall be nominated
Item 09 Establishment of a Centre
Resolved to constitute a committee consisting of the following members of the Executive Committee to scrutinize the proposal and to take a final decision in this regard
L Chail1113n of the State Bar Council 2 Bar Council ofIndia member from Karnataka 3 Law Secretary
Item 0 10 Institution of Chair on Consumer Law
The Council noted with appreciation the sanction of professorial chair on Consumer Law amp Practice bv the Ministrv of Consumer Affairs to set up Chair on Consumer Law 8 Practice at LSIC EC authorized the University to convey the appreciation and thanks to the appropriate authority
4
ITEM NO17 171 COURT NO5 SECTION PIL-W
SUP REM E C 0 U R T 0 FIN 0 I A RECORD OF PROCEEDINGS
writ petition(Civil) NO 6002015
SHAMNAD BASHEER VERSUS
petitioner(s
UNION OF INDIA amp ORS (WITH APPLN(S) FOR PERMISSION INTERVENTION APPLN) WITH WP(C) NO 5762018 (X)
TO FILE ADDL DORespondent(s)
CUMENTS
Date 30-10-2018 These matters were called on for hearing today
CORAM HONBLE MR JUSTICE SA BOBDE HONBLE MR JUSTICE L NAG ESWARA RAO
For Petitioner(s) Mr zoheb Hossain AOR Mr Adeeba Mujathid Adv Mr Vivek Gurnani Adv
For petitioner(s) Respondent(s) Ms Roopali Mohan Adv
Mr Namit saxena Adv Ms Taruna Ardhendumaul1 prasad Adv Mr Piyush Singh Adv Mr Amritesh Raj Adv Mr Nitesh Ranjan Adv Mr Shashank saxena Adv Mr Ardhendumaul1 Kumar prasad AOR
For Respondent(s) Mr Rakesh Munjal sr Adv Mr SS Ray Adv Mr Vaibhav Gulia Adv Mr Puneet Gupta Adv Mr paramjit Singh Jaswal Adv Mr Ravinder Singh Adv Ms Rakhi Ray AOR
Mr Atmaram NS Nadkarni ASG Mr Merusagar samantray Adv Mr Ritesh Kumar Adv Ms Suhasini sen Adv Mr Leelesh Krishna Adv Mr Arvind Kumar Sharma Adv Mr Gurmeet singh Makker AOR
~) i
2
Mr sajan poovayya Sr Adv Mr priyadarshi Banerjee Adv Mr Pratibhanu singh Kharola Adv Ms priyanka MP Adv Mr Risha Agarwal Adv Mr EC Agrawala AOR
Mr Anand varma AOR MsShubhangni Jain Adv MS Manpreet Kaur Adv
Mr Puneet Gupta Adv ~lr Ravinder singh Adv Mrs Reeta Dewan puri Adv Mr PN puri AOR
Mr Maninder singh Sr Adv Mr Prabhas Bajaj Adv Mr Gaurav Sharma AOR
UPON hearing the counsel the court made the following o R D E R
The copy of the report filed by the union of India Ministry of Human Resource amp Development pursuant to order dated 13062018 passed in wP(C) No 5512018 be furnished to learned counsel for the parties
List the matters on 28112018
[ Charanjeet Kaur ] [ Indu Kumari pokhriyal ] AR-cum-PS Asstt Registrar
ITEM NO5 51 COURT NO5 SECTION PIL-W
SUP REM E C 0 U R T 0 FIN D I A RECORD OF PROCEEDINGS
writ petition(Civil) NO 6ee2015
SHAMNAD BASHEER VERSUS
petitioner(s)
UNION OF INDIA amp ORS (WITH APPLN(S) FOR PERMISSION INTERVENTION APPLN) WITH wP(C) No 5762018 (X)
TO FILE ADDL Respondent(s)
DOCUMENTS
Date 28-11-2018 These matters were called on for hearing today
CORAM HONBLE MR JUSTICE SA BOBDE HONBLE MR JUSTICE L NAGESWARA RAO HONBLE MR JUSTICE R SUBHASH REDDY
For petitioner(s) Mr Zoheb Hossain AOR Mr Gopal shankar Narayan Adv Mr Adeeba Mujathid Adv Mr Vivek Gurnani Adv
For petitioner(s) Mr vikas singh sr Adv Respondent(s) Mr Ardhendumauli Kumar prasad AOR
Mr Amritesh Raj Adv Mr Piyush Singh Adv Mr Nitesh Ranjan Adv Mr vaibhav shrivastava Adv Mr Sashank saxena Adv
Mr Namit saxena adv MS Taruna Ardhendumauli prasad Adv
For Respondent(s) Mr Rakesh Munjal Sr Adv Mr SS Ray Adv Mr Funeet Gupta Adv Mr vaibhav Gulia Adv Ms Rakhi Ray AOR
Mr V Giri Sr Adv Mr AKarthi K Adv Ms Rakhi Ray Adv
2
Mr Atmaram NS Nadkarni ASG Ms suhasini sen Adv Mr Ritesh Kumar Adv Mr Leelesh Krishna Adv Mr Marusagar samantray Adv Mr Arvind Kumar Sharma Adv Mr Salvadar santosh Rebellow Adv Mr Gurmeet singh Makker AOR
Mr Sajan Poovayya Sr Adv Mr prlyadarshi Banerjee Adv ~r Pratibhanu singh Kharola Adv rmiddotls priyanka M P Adv Mr EC Agrawala AOR
r1r Anand varma AOR
Mr punaet Gupta Adv Mr Ravinder singh Adv Mrs Reeta Dewan puri Adv prof paramjit Jaswal Adv Prof KD Rao Adv Mr PN puri AOR
Mr Prabhas Bajaj Adv Mr Dhawal Mohan Adv Mr Abhishek Adv Mr Gaurav Sharma AOR
For Applicants) MS M Sidhu Adv Mr P vinay Kumar Adv
Mr PS Narasimha sr Adv Mr SS Ray Adv Mr Puneet Gupta Adv Ms Rakhi Ray AOR
UPON hearing the counsel the court made the following o R D E R
Application for intervention is dismissed as
withdrawn
shri Atmaram N S Nadkarni learned Additional
Solicitor General appearing on behalf of the Union
of India ~linlstry of Human Resource amp Development
states that the Government has prepared a report
3
and shall further convene a meeting of all the
parties to these petitions NTA and the Bar council
of India seek their views and make appropriate
recommendations for the holding of the examination
within four weeks
List thereafter
[ Charanjeet Kaur ] [ Indu Kumari pokhriyal ] AR-cum-ps Asstt Registrar
7-+ 0( AMNI~URpound tlt_Ihi
2Q lt ( gt ( - -
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p V -~d T] Y-P~iCL of ~-lt)Eign Sud~nts thp drnissio is i-l~ be COI)iuct-d wit)middot the help of Inrin ~~Llt_~lon~
llgtrO~j ~n -t~poundO rgtSpctiVF cnJn~cies
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lh- durtlon of tht course shall bE for 21 peri00 of (iv~~ j~lcaderrjic yeilrs j
CJ 1~ltJch acadeHic _divided into_ thceuroE academic terrnS J
f~lCh tE-rm called a orrimestErcent hDvin0 a minimum of 70 vJcfrki (H) days
C3 Ph- Icdcmic t(rms shilllordinarily be from lst July to --lOth -Septcober t poundrom 5th Oct to 15th Junuclry an(l from 1 (1 t ~l ~] AnlJ a ry to 20 t h A1ri 1 ~
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6 l Irhp tu i t ton f~(~ foc th0 dampgree progr1fnrne for each yedr -
~~~ 1 i-gt ~ bull )~~jt7-middot which shall be collectEd in th~e IntlIcn~s 0t tl--H~ b(9ir~n of lt2Crk Trin~c-$ter I fcgte i~ not pdid i--hin a week er the co-mrnCncemlt2Ylt of thlt Tr~rgt~middot I i sh~~ 1 be C012Ectec with tate Jf if 1shyor c1~~y t11-l rre- end of 20 working days Can-didut(s who f) l te feeuro wtY)it the nrc-scrlbcd aerior] with ~ate
(fmiddot sri~)l rgtrnoveo -(om lt~G rolls ltH(~ they shall bEgt C~gt-j(1rrit~td onJy on pitympt 0+ rf--)cm-sion feE- oE Imiddot 100shy~(( 1 ~risf-1ct()ry rJport o~ progress ond conduct from 2 Tc~chFr of thp P~culty
In rpsnect of rrwl v acrni ttEO stIJcens admission wi 11 no )( com~letP lJJ11ess- thFY Pi)Y the prescribEc within Sonci fieod ti1le
6 ~ 3 Besidelt= flt( 2lt trl bp9inning of the fi--st trimestr of fdCn ypar J U CltiHldidatgt i (cQuirec to pay a sum of
tOWi1n1 xc1dlrHJ rnJti~rit~ls ar1lt3 a further sum of OWi~fU~ co-ctJcricu~~r ~nd ~tudent welfare activishy
~OL(~ Tuition )nc other fees paid by th0 students irlini ttEC1 to thi course 1 not Je Efundeci u~dFr- any C cumstancs
1
A1)Npoundx UltE remiddot-VishyTS
Academic Calendar at NLS
Resolutions on Academic Calendar
The Academic Council Meeting on 12th December 1987 proposed that each Academic Year be divided into three academic terms each with a minimum of 70 working days This academic term will be called a trimester
On 1th September 1988 the 4th Executive Council Meeting of NLSIU resolved that each Academic Year is civided into 3 academic terms Each term called a trimester has a minimum of 70 working days
Consequences of the Resolutions Tne mandatory 70 working days are spread across 12-13 weeks Each 12-13 week trimester extends to 90 calendar days 3 trimesters will require 270 calendar days
Ordinariiy students complete compUisory internships during the term breaks which vary from 30 to 45 days This year we had planned to forego the term break and replace it with a 15 day break between each trimester as this Is essential to finish evaluation ana assessment exercises Hence the Academic Year requires 315 days
Academic Year 2020-21
If hLS Admissions is completed under the NLAT 2020 Schedule the Academic Year will run from SeJtember 18 2020 to June 30 2021 This will allow for 285 calendar days this year leaving a 30 day shortfall We may preserve the Academic Year by further compreSSing the evaluation and assessment period to 5 days ThiS is neither optimal or desirable bul is the result of the delayed CLAT 2020 schedule Hence the Academic Year 2020-21 will be competed before the start of Academic Year 2021-22 on July 12021
If NLS Admissions is completed under CLAT 2020 From October 10 to June 30 2021 the AcademiC Year wiil have 263 days leaving a 52 day gap Even if we compress the evaluation and assessment Deriod to 5 days between each term and save 30 days the Academic Year 2020-21 cannot be delivered
ANNExOltE RJ
r Nithya Rajshekhar ltIegalnlsacingt
Letter from Nirma University Law School which has a trimester system for LLM and has moved away from CLAT for this process this year
$arasu ltSarasunlsacingt Sat Sep 12 2020 at 1031 AM Te Nithya Ra]shakhar ltIegalnisacingt Co Sudhir Krishnaswany ltsudhirnisacingt
bullbullbullbullbullbullbullbullbullbull Forwalded message bullbullbullbullbullbullbull From Purvi Pokhariyal ltdirector Date Sat Sap 12 20201027 AM Subject Thank yeun To Sarasu ltsarasunisacingt
Dear prof Sarasu Thomas Professor of Law amp Registrar Iational Law Scnool of India University 8anglore
Subject gratlCude for gracing Commermcement session of One Year LLM batch (2020middot21)
Dear SaraSJ Maam
It was Inaeed an absolute pleasure to host you for he commencement (Orientstionj session for our newiy admitted ere year LLM batCh of 20middot21
Your motivalional address infused new energy and enthusiam amongst the sldents during this testing times
As you know this is one year programme and il is expected to nurture pest graduate students with cognitive deeper unaersranding on specialised afea along with sflarpening their research and writing skills One year programme comprises of fhree trimester for our LLM programme And we were running out of time due to delay in centralised acmisison process through CLAT 2020 So finally in early August we have decided to change the mode of admission from CLAT to graduation merit So thai we can save time of our first trimesler and can compiete the programme on time Accordingly we could start our new LLM batch from 31st August 2020 I am really thankful to you for accepting our invitation for OJr format commencement ceremony You have been motivating and inspiring generations of SUdents throughlout aU these years and your words wiseom paved a new direction for leming for our LLM students received oV80Nheming feedback from this session and must be thankful to you to be with us and helping us for guiding our LLM students during this unprecedented times Tnis is unprecedented time and that demands the unusual responses and newadapatabiiity
Thank you once again
VVi1h regaros
Purvi
06011020 The General Body The NLUs was held The Secretary-Treasurer introduced and explained to the members various steps taken by the CLAT Secremriat in preparmion of the examination including a user-fhendly and streamlined website for the C onsonium and CLAT 2020 and a sample of tile revised format of the CLAT paper designed to test slUdem aptitude instead of prior knowledge of law The sample paper had also been $tlrveyed by students from LSIU The eftons of the CLAT Secretariat on both initialives were specially commended by the Members
Additionally he also briefed the General Body that the CLAT Secretariat had put in efforts to develop and innoduce free and high-quality study materials and mock tests tor aU eLAT applicants so as to not disadvantage those slUdents who could not afford coaching
21042020 Due to the ongoing COV1D-19 lock-downs Executive COlllmittee of the Consortium postponed the CLAT 2020 I examination from lOh May 2020 and rescheduled to 21 Sl June
2020 I 1--------+- __
17052020 The Executive Committee of the Consortium resolved to postpone the eLAT 2020 again (2nd eLAT Postponement) The Consortium issued a notification infoDning candidates that a new date would be notified by 0 I July 2020 At the same meering the Respondent No2 informed the of the large increase in the number of applications after the digital marketing initiative
---- 17062020 The Executive Committee of the Consortium met The
Respondent No2 presented the report oftlle survey conducted by the CLAT Secretariat to evaluate options for conduct of the exam given die Covid-19 pandemic The Executive Committee assessed the feasibility of continuing with a penshyand-paper exam VS an online computer-based exanlination The Respondent No2 also reported his effons in contacting I vendors to conduct an online examination I
29062010
7B
16072020
30072020
The Committee of the Consonium issued a notification scheduhllg the CLAT 2010 exam on 22nd August 2020 The test was to be a centre-based online compnter eX3m The Executive Comminee was Infolmed by the Convenor rhat a Vendor had been selected
A General Body Meeting of the C onsortiull1 was held The Respondent No2 intormed the Consortium of the various measures taken by the CLAT Secretariat including
bull Due to the pandemic simation the test centres were expanded from 67 ro 103
bull Detailed Medical protocols to be followed 011 the exam day
bull The mock exams schedule has been prepared and shared to all the VCs
The Respondent No2 also infonned the membls about the proposal for securing an insurance policy for swdenls and staff for the duration of CLAT 2020 exams He informed that proposais have been sought from various Insurance Companies and the best proposal received was shared with the VCs The Consortium authorised Secretary-Treasurer and the President to go ahead with the said Proposal
However certain members raised objections 011 the ground that the price for an Insmance Policy was too higb to bear for the Consortium tmd not necessary
A meeting of the ExecutiYe Committee of the Comoniulll of NICs was held The Respondent NO2middots proposal to secure an Illsuranc Policy fOT students and staff as a precautionary measure lor CLAT 2020 was rejected despite general support froln several melubers for the sole reason tlw it [$ 110t necessary and it il1vole5 huge amount and does not serve any I- purpose
~
The Respondent 02 did not share the Same middotiew
At the same meeting despite the Health and Safety Protocols and the conversion of the exam to a Computer Based format in order to accommodate shldents during the pandemic few members raised health concerns and SUgested J2poundstponemelll i l
of the CLAT 2010 from 2200 August 2010 Hovever the Consonillm resolved to decide the issue at its next meeting
05082020 The Executive Committee of the Consortium of NLUs held a meeting to consider the date of the CLAT2020 exam
The Test Vendor was also in place to conduct the exam 011 7th
September 2020 The Respondent No2 had also begun the process of securing an additional approval from MHA for the conduct of the CLAT exam and to ensure all candidates would be allowed to travel to the centres Respondent No1 mged the Consol1iull1 against postponement of the exam given the extensive Covid-preventative measures being taken at the centres and the need to preserve the Academic YeaL
The Respondent No2 shared a presentation with the Executive C01l1111inee detailing the impact of a postponement on the Academic Calendar of the Respondent No1 University and proposing a host ofoptions in order to accolmnodate members facing such difficulties bull for NLUs to proceed with their own admission process tor I
2020-21
bull aHow for CLAT 2020 to be conducted in two series so that Universities may choose an earlier or Imer date and
bull for NLUs to admit CLAT-enrolled students to appear for separate exams conducted by the NLUs with no further need for registration or fee payment
Despite this the Consoniulll by majority vote merely resolved to postpone the eXllnllnatiol4 to a date to be i
detennilled later
10082020 The General Bodv Qfthe Consortium ofNLUs held a meeting i fuwhere it was dcided to schedule the CLAT exam on
September 2020 Whilst this date would enable members such as NLSIU to complete their admissions without suffering a Zero Year some participants menfloned that it may be necessary to postpone the examination even further
L--_____L______________________-J
27082020 The Executive Council of the Consonjum took the decision to postpone eLAT once again
The Respondent No2 raised serious objections TO the postponement and also brought to the notice of the COllSoniulll the fact that the pandemic would only get worse it1 the coming months Further to facilitate the of institutions reliant on CLAT who would not be able to sustain ftuther delay he optiOllS already presented and discussed with the Consortium the Respoudent No2 offered to undenvTie the entire CLAT 2020 examination from NLSflJs share of Consortium fees in order to hold the examination on the fixed date of 7th September 2020 However none of the options were accepted by the Consortium
ANMEM01pound R1Ie atiouaj Law Scho()l of india University Ballzalore i J
inllts of the Emergency Faculty lerring held via videu confrrcnce euroIll 6th August 020
lullbers preent lts Iht Zoon1 ~iJn R-cOrGlng
1 PU$lpoThm~H ofCLAT yet again from 22nd Aligust to 7th S~pt(nber ~020
Contingency Plan to prevent a Zero Year
Disc ussion
Th- ViCt1 Chancellor Prof Sudhir KrlslmaSvarny informed that en1rgcHcy l1heting had been called to the decision the Executive C0t11ITliHe of the Consonium National Law Universities dated 05092020 to postpone the CLAT 2020 exam undl funner notice t was also informed that a new date for CLAT 2020 -as not yet finalised however it was likely that the exam would schedukd in September He tated that this emergency Facllhy Meeting had been
0 decide on NLSUs next steps
TllC Vice Chancellor infonned the Faculty he hud pHt forth the case of NLSIU lt1t the only National Law UnivilTsily having a trimester system before the Consortium members He infom1cd Consortium that delays in CLAT Nould unfairly prejudice NLSIU and set before them several alternatives including (1) allowing NLSIU 0 go ahead with an alternate admisslols process lor this
lild r) allowing multiple CLAT exams and go ahead with the date as proposed
Vice ChanceUor timber informed the Faculty that the CLAT 2020 had been postponed the hid time despite the extensive health and safety protocols and a rede$ign of the ~xam (Q a centre-based computer exam As the Covid-19 pandemic is only getting worse there is no justiI1carion for further delays
Fuculry il1cnlbcrs expressed concern that the trimester was going to be severely dt~layed as a
th~ postpot)CJncHt Undergraduate Chairperson Prof T Somnshekhar suggested going ahead vith an exam immedimely to prevent fmher delay and to explore using the same centres as CLAT
Other Faculty 111cmbcrs including Pr)f Ashok Patll suggested thatvlc should fun our ovn entrttnclt exam NIr Kunai Ambasta agreed bUt expressed concern about the costs of administering a scpamte entrance eXctlDlnatloD
Jflndakishore lt-luerkei whether ve couid go ahead for this staying tvithin
lnernbers inciudjng Sanyukta Choudhry and Ms Rashmi Vcnkatcn if it was PQssihlt IO have a dekly~d trimesrer nnd hm the inlpact ofthlt WOUld be Acadernic calendar options (r( txplored
Bnbu 11athev opined e should xplore many options 5hared TvlPP course to begin on ciCil1
Registrar~ Prof Sarasu Eshef Thon1as nmde a short prescntmion on the of a T on the S A-eadernic Year
1 Impact on applklnh
H1m p-ymc
r1nyioin these middotXl]]
P(rc(nt~~( of Point of 1ime nJen nolk of Refund of fcc of adrnission is ncchcrd
(Hlr
1s Ycn) Bi~~
I Trimester to II Trimcsn D~CCFhcr to
m
h) announce ~i
L)se 1 LLYl
to tho- yho wand to JOB)
2 Impact un NLSn
r ould -0 jom orh-r Hhtinntons
that WOtl ld bc 1n
I cgt Rs 9911gt7501middot
nOled that th~ k--ping the In a zero this
rJun-optlD1WH lbe
Possible gtOiUtiUllS
iovving pO$siolc solutions to Ihlt
quality addlTlonal uuuhk workload reachers and wnt til
DClsng ~1 adulisiuns lEosS ttJ corrplt~d urgtntly vhich EaHovmiddot us t) admit studnts rntd~Septen1ber and Viih ddayd b~it trirn12s1cr C(lYlprOrtusHlg JCadCl1iics
Dednre D 11h concqu~rH financIal losses lo-s of lainl tc as last rsort
4 If we run our tlvn entrance cxmn We rnay have to bear a snudt IO-is in monetary t(nns cntrmce process at a
it vns ionduded ihat smCe dH date ll) CLAT exan1 had nOI bcen flxLi 1hen W~l~ no vbClher voldd be any furh~r postponcn1entS LSIlJ be ith puhing
uirncgtter LO th ecund rrlrn-skr and so fDrth lhereby n1-lking it impo$)iblc to up 2021 In such a cnse~ rLSrC will be forcedo announct a zero y(ar~
US Lfl
nsoi cd
Executive
~g --1tUE tpZshy
Extract ofDraft Minutes of9t Executive Council Meetillg
DRAFT MINUTES OF THE 91 MEETING OF THE EXECUTIVE COUNCIL OF THE
ATIONAL LAW SCHOOL OF INDIA UNIVERSITY MELDON
WEDNESDAY AUGUST 12 2020 AT 330 PM AND ON
TUESDAY AUGUST 18 2020 AT 430 PM VIA VIDEO CONFERENCIgtlG
MEMBERS PRESENT I Honble Mr Justice Uday Umesh Lalit Judge Supreme Court ofIndia 2 Honbie Mr Justice Dhananjaya Y Chandrachud Judge Supreme Court of india 3 Honble Mr Justice S Abdul Nazecr Judge Supreme Court oflndia 4 Honble Mr Justice V Gopala Gowda Former Judge Supreme Court oflndia 5 Shri Manan Kumar Mishra Senior Advocate Chairman Bar Council of India 6 Shri S Prabakaran Senior Advocate Co Chairman Bar Council oflndia 7 Shri Deb] Prasad Dha Advocate Managing Tnlstee BCI Trust 8 Shr1 Apurba Kumar Sharma Senior Advocate Chairman Executive Committee Bar
Council oflndia 9 Shd Y R Sadasiva Reddy Member Bar Council of India 10 Shri Ved Prakash Sharma Advocate Member Bar Councll oflndia 11 Shri Prashant Kumar Singh Advocate Member Bar Council of India 2 Shri Anil Kumar 1M Chairman Karnataka State Bar Council 13 Shd tV Ramana Reddy lAS Additional Chief Secretary to Government or Karnataka
Higher Education Department 14 Shf1 SY Watawati Law Secretary Government of Karnataka 15 Prof (Dr) Sudhir Krishnaswamy Vice Cbancellor NLSIU 16 Prof (Dr) Ashok R Pati] Professor of Law NLSlU 17 Prot (Dr) TS Somashekhar Professor in Economics NLSIU J8 Dr Nagarathna A Associate Professor NLSJU
AliD 19 Pro[ (Dr) Sarasu Esther Thomas Registrar amp Professor of Law as Secretary to the
Executive Council
lVIEMBERS VRO EXCUSED THEMSELVES L HonbJc Mr Justice Mohan M Shantanagouclar Judge Supreme Court ofIndia
Opening Remarks
The Vice Chancellor Prof Sudhir Krishnaswamy welcomed al the members to the 9i Meeting of the Executive Council He thanked the Honble Judges representatives ofthe Karnalaka Stale Gevernment and members of the Bar Council of India for agreeing to attend this Executive
-ss Council TvteeHng organized at short notice or Video Conference He informed tflC 1crnbers that the Honbie ChiefJustice of India the Chsnceillllofthe University was unable to atlcu and had ominated Honble Justice UlJ Lalit to Chair themeeting in his abence
Justice Lalit clarified the reasOns why this emergency Executive Ceunci I Meeting had been convened at shori notice at his initiative First as CLA T 2020 had been postponed several times the University is unlikely to complete admissions by September 2020 Hence lLSIU faces the prospect or a zero year 1ere 120 BALLB + 50 LLM students will not be admitted and (be University wili lose INR16 crores over 5 years Secondly as the University had submitted a comprehensive Report reviewing the Reservation Policy in the third week of July this Report should be discussed while Ihe admissions process was underway
Justice Lalit then asked if any Member took objection to the short notice and was keen that the Meeting should be adjourned Ali Members unanimously agreed that due to the urgent nature of the agenda of the Meeing the usual lime trames for the Meeting may be dispensed with on this occasion
~ __-1-_- _ - _ _-- -- --- i Item No1 i Postponement of CLAT 2020 and Admissions to the NLSIL for the i_ ____J_A2e~)r2Q~Q21 ________ ____ __
Discussion IMembers noted that the Governing Body of the Consortium ofNLUs held an iemergencv meeting on Aug 10th 2020 to reschedule CLAT 2020 from Aug 22nd to 7en September 2020 ) i i 1 Members expressed concern that CLAT 2020 had been rescheduled 3 times and
further postponement could not be ruled out The Vice Chancellor clarified that the University has made adequate plans to compress the Academic Year if the 1
exam is completed On September 7th 2020 I
However several Members expressed concerns if CLA T 2020 was delayed 1 further All Members agreed that the consequences ofa Zltro Year in terms of loss of revenue (around i 6 crons) and loss of oppoltunity to 120 SA LLB (Hons) and 50 LLM students [0 study at the National Law School was too high a price to pay
Some Members suggested exploring various admissions options using 12th Stllndard Marks other entrance examination results or conducting an online examination The Chair emphasized that it is critical to authorize and urge the University to take immediate steps to prevent a Zero Year if CLAT 2020 is
i further rescheduled
i I The Chair requested the Vic Chancellor to consult withthe BCI Chairpls~n in the event that the Umverslly needs the leave of the Supreme Court In mese I 1____~__-lllat~~~ __ _ ___ _~__ __ _________ _jI _ 1 l was resolved unanimously that jfthere is a further delay in CLA T the Vce 1
L_~C~~nJ9_~ll~cel()r--~_lt11Jlowredt2takeai I necessar $iJlLt~nsur(U~ltlUl1ej
(J ry(Y~~
TAdmissions Processfor 2020-2 i~i~ completed in Septe111ber 2020
NLSIU is authQrised to fUll ft~ own admission process and conduct an i independert admisson tcst if necessary if there s further postponement of the I CLATexam
It was decided that the meeting would be adjourned to 18th August 2020 at 430 PM The Vice Chancellor thanked all the members for joining this meeting
After a formal weicome by the Vice Chancelor Justice U U Lalit chair the meeting and invited Justice Gopala Gowda to present his note feHowed by a presentation by the Chairman Bar Council ofindia
__ _~ ~__Ugt___ _~~~ _~~_~ _~ __ bullbullbull___ ~~ __ ~bullbull~~_~ gt _ 0 ~~ ~_____ ~~ _ __~ ~____ __ ______ __ __ __ __
1 -__~_~~__~ bull i Anv other item with the ncrmission of the Chair
n __ __ Item 3 __ ~~bullbull_______ ~_________bull ______ __ ______ - _~~ ~~~ ~~bullbull _~~~ ~ __--J~_~ __
Discussion The Chair asked the Vice Chancellor to clarify that CLA T 2020 was likely to be r held on 7th September 2020 The Vice Chance lor confirmed that as per the i current schedule it was to be conducted on 7th September 2020 but the I Consortium tny choose to reconsider the date later I
i--~------- i-------~ --_---- ---------------_--- ---- ---- -- ---
Decision i
The Executive Council unanimously reconfirmed this resolution to empower i
the Vice Chancellor and the Jniversity to conduct an independent admission iL_ _________jJ~poundf~ipoundE~1Jt t~at C~~T 29Qis dela)~ecc fU~~t____~~_________
The Vice Chancellor thanked all the Members for joining the meeting and thanked Justice UU Lalit for chairing this important emergency Executive Council meeting
SdJshyRegistrar National Law School oflndia University Bangalore
RE~srRfl~ Mttcrpt iegt s~ vi ImF(l flriilitt
~amp9lc n01ty~$J~z1i ll~ilIIii ~~1a
ANNExurE R14 iT NATIONAL LAW SCHOOL OF INDIA UNIVERSITY
Post Bag No 7201 NAGARBHAVI BENGALURU - 560 242 (Old Code No 560072) INDIA
Talalax 080 - 2321316023160532535 Fax OBO - 2316 0534 Website WWWnlsac-in Email registrarnlsaci
Report of the BALLB(Honsl and LLM Admissions Committee 2020
Committee Members
1 Prof (Dr) Sarasu Esther Thomas Registrar 2 Professor Babu Mathew 3 Assistant Professor (Dr) Kaushik Basu 4 Assistant Professor Kunal Arnbasta 5 Assistant Professor Sanyukta Chowdhury 6 Nithya Rhea Rajashekar Advocate (Legal Advisor to the Committee)
A Objective
Since inception admission to the BA LLB (Hons) programme has been purely on the basis of merit as assessed through a common entrance exam The University conducted its own AIIshyIndia entrance examination until 2008 when the Common Law AdmiSSion Test was conceived In 2018 the Consortium of National Law Universities comprising the ViceshyChancellors of 22 National Law Universities was formed to establish a Permanent CLAT Secretariat for the conduction of the CLA T Admissions to the Universitys BA LLB(Hons) and LLM programme were also done on the basis of CLA T score
The Covid-19 pandemic has however caused unforeseen difficulties and delays in the conduct of CLA T 2020 The repeated postponement of the examination has resulted in uncertainty for students parents and the participating Universities NLSIU is uniquely disadvantaged as it follows a trimester system where every academic year is made up of three terms of 90 days duration Moreover each term must accommodate 60 hours of classroom instruction in each course and adequately provide for examination and evaluation processes Further the academic offering for the 3rd 4th and 5th year of the BA LLB programme as well as the LLM programme is fully integrated and requires a common academic calendar
Hence if NLSIU is unable to complete admissions before the end of September 2020 it will inevitably result in a Zero Year with no admission This will deprive law students of the opportunity to pursue their studies this year at Indias premier law university We are fully committed to ensuring that no student is denied the opportunity to study at NLSIU this Academic Year Hence NLSIU is compelled by the current circumstances to conduct a separate admissions process for the BA LLB and LLM programmes for the Academic Year 2020-21
This matter was considered at length at a Faculty Meeting at the University on August 6th 2020 where the Faculty unanimously resolved that NLSIU needed to take all measures necessary to avoid a Zero Year The Executive Council of the University at its 915t Meeting held in two sessions on August 12 2020 and 18th August 2020 met to consider the matter and unanimously resolved to authorize the University to develop an alternative admissions process in the event that CLAT 2020 was not conducted on September 7 2020
h fin stablished under Kamataka Act 22 of 1986
-tgg On August 28 the Executive Committee of the Consortium of National Law Universities postponed CLAT 2020 from September 7 to September 28 2020 Accordingly this Faculty
Sub-Committee was constituted by the Vice-Chancellor and tasked with formulating a revised admission procedure for the academic year 2020-21 with respect to the BA LLB (Hons) and LLM Programme (hereinafter referred to as Programmes)
B Options available before the Committee
1 Conduct an online entrance exam at identified centres across the country for all applicants
2 Conduct a home-based proctored online entrance exam for all applicents
3 Conduct a home-based proctored online entrance exam for applicants shortlisled as per pre-defined criteria
81 Committees decision regarding Option 1
As per expenditure estimates prepared by the University conducting an online entrance exam at identified centres across the country for aU applicants would cost Rs 4 crores Moreover under the given lime constraints it would be extremely challenging to organise the same Further a home-based online examination discussed in Option 2 and 3 below ensures that candictates do not need to travel to physical centres for an additional examination
Accordingly the Committee decided that option 1 would be unfeasible
82 Committees decision regarding Option 2 and 3
A home-based proctored online entrance exam for all applicants would not be feasible given the expected number ofapplicants (apprOXimately 20000+ for BA LLB and 5000 for LLM considering the late call) and the available funds of the UniverSity unless some minimum fee is charged from applicants If this is done we may make an open call
~Ihere no application fee is charged such an entrance exam is feasible for applicants
shorlisted as per pre-defined criteria Subsequent to the initial deliberations ofthe SubshyCommittee it was made known to the members that the procedure for admissions as finalised by Ihe Academic Council on December 12 1987 was that Admission to tile Law School would be only on the basis of the Written Admission Tes
The Committee discussed the available technology platforms for conducting homeshybased proctored online entrance examination with two vendors (Edchemy and Coshycubes The Commiltee also got in touch with Pearson Vue and NSEIT) A moreurogt exhaustive search may be undertaken by the University before making the choice of technology partner for the entrance exam
With respect to the application fee the University has tlllIO options - (i) to charge a nominal application fee (in the range of Rs 100 Rs 250) to recover part of the costs
111 (with the balance being met by the University funds) or (Ii to not charge any application fee While the CommITtee felt that (i) was ideal a final decision may be taken by the Vice-Chancellor in this regard depending on the final expenditure estimates of the entire admissions process and availability of funds with the University
Therefore having considered all the options it was concluded by the Committee that an online home-based entrance examination conducted for all appticants at the earliest and with the lowest possible application fee would be a fair transparent and accessible admissions process
C Committees recommendation regarding conduct of home based online proctored entrance examination
The syllabus of the examination should be as ctose as possible to the Common Law Admission Test 2020 so that candidates are not required to undertake any additional preparation for the NLS1U Entrance exam The following format was recommended by the Committee
Maximum Marks 80
Duration of the Exam 45 minutes
Question Type Multiple Choice Questions only
Marking Scheme 2 mark per correct answer
-050 marks per wrong answer
-025 marks per skippedunanswered question
Candidates will have to appear for the examination using a computer device with video and audio transmission available They should be informed in advance that the University would noi be responsible for any connectivity issues or failure of intemet connection during the examination
A mock examination should be held to familiarise the candidates with the technology plalform on which the examination will be conducted
There should be a protocol established to deal with potential malpractice since the examination will be attempted by the candidates in a home environment It is understood that the available technology allows for artificial intelligence enabled human proctoring of the examination Additionally the technology vendor will put in place software mechanisms to ensure that forms of examination malpractice will be detected and suitable action taken This should include but is not limited 10 restricting access to different online tabs on the computer audio detection continuous video streaming detection of multiple login attempts etc In addition to proctoring during the examination post hoc verification must be conducted on the besis of detailed logs and data records maintained by the human proctors and the available system records In cases of observed malpractice the candidates examination should be cancelled by the University
At the time of computation of final scores pest the examination if twO or more cajsobtain the sameuro marks a break of tie should be made by the following procedure and order (i Higher number of correct answers to Legal Reasoning Questions (if) Higher number of correct answers in the overall examinatiOn iii) ComputeriSEld draw of lets
n view of the fotegoing discussion on the available options the Vice Chancellor may take the
final deCision 01 the admissions procedure to be followed for the academic year 2020-21
rurfw~_iv___ j J u ----shy
Prof (Dr) Sarasu Esther Thomas Professor 8abu Mathew
Dr Kaushik Basu Mr Kunal Ambasta
Ms Sanyukta Chowdhury Ms Nithya Rhea Rajeshekar
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ANNEXURE R-Il4shy
Honble Justice ~1L U C Lalit Judge the Supreme COlit ofIndia ChairmalL Executive C ounci Xational Law School oIIndia 1Jlliversity
36 September 1010
Sub Decision of the Consortium of -iational Law Universities on 28082020 to postpone
CLAT2020
Honble Sir
Greetings from NLSIU Bangalore
The Comonium of National Law Uillversities of which NLSIU is a member has by its llorification dated 28 August 2020 decided to postpone the Conunoll Law Admission Test CLAT) poundiom September to 28 September 2020 The COVID-19 pandemic has caused llntOreseen diftkulties and delays ill the conduct of CLA T 2020 and the repeated postponement of the examination bas resulted in uncertainty for students parents and the participating llliversities
As you are aware the )JLSlU is uniqudy diadvalltaged as it 1011ows a trimester system where eVelY academIC year i made up of three terllls of 90 days duration Moreover each tel111must accollllllod1te 60 hours of classroom imuuctioll ill each comse anc adequately provide for examination and evaluation processes FUl1her the academic offerillg tOr the 3rd 4th and 5th yem of the BI LLB programme as weH as the LLM prograllulle is fully integrated and requires a COllllllon academic calendar Hence if]1-S1U is unable to complete admissions before the end of September 2020 it will inevitably result in a Zero Year vdth no admissions This will deprive law smdellts of the oppommity to pursue their shldies this year at Indias premier law university TheretOre 1-SIC is compelled by the current circumstances to conduct a separate admissions process for the BA LLB ane LLM programmes for the cademic Year 2020-21
This maHer was considered at length at a Faculty Meeting at the University on Augmt 6 2020
when the C onsortiulll postponed the exam from August 22no to September 7 2010 where the Faculty unanimollsly resolved that NLSIU needed to take all measures neeesalY TO avoid a ~Zero Year
Then the lllmtcr Va placed before you in the EXecmive COllncil at its 9 F meeting held 011 1211
August 2020 wherein it was unanimously resolved to authorize the University to develop an ~-
~ltern~tivc admissions process ill the event that CLAT 1020 WilS not conducted on September jh
2020
Accordingly the Vice Chancellor constituted a Faculty Sub-COlllmittee on August ~020 to denlop a revised admission procedumiddote The Sub-Colllmittee concluded that a common entrance test conducted online at the lowest possible application fee would be a 1aiL tn11lsparent and accessible admissiolls process 8t this The proposab of the Sub-Committee were dicllssed at a F ~cnlty Meeting held 011 31 August 2020 After taking into accollnt the suggestions and
revisiom as necessary the Revised Admissioll Notifications for the Academic Year 2020-21 for
the BA LLB programme and LLlvl programme haw been notified
The lniversity aims to initiate and complete the entire proces by mid-September and begin the Academic Term immediately thereafter While the reyisecl admissions process presents a mOllumental task the careers of the students who have worked hard for this opportunity remain
our top priority
The V ice-Chancellor and I will contlllue to apprise the Executive C ouneil of these developments
and ve thank you for your SUppOl at this time
Sincerely
Prof (Dr) SraSll Esther Thoma
Professor of Law and RegistIar liLSIC tvlember Secretary Executive Council
Copy to (1) Members ofthe Execntlye CounciL NLSIlJ (2) Vice-Chancellor NLsn
-
1)pound0pound flt 15 ct
The Faculty
KltIional Law School oflndia University B8ngillolc
3 September- 2020
Sub Decision of the Cousoltiull1 ofKational Law Universities on 28082020 to postpone CLAT 2020
Dear all
~s you are aware the COllsorriulll ofKntiona Law Clliversities of which NLSIC is a membeL has by its notification dated 28th ugnst 2020 decided to postpone the COllllllon Law Admission Test (CLAT) Hom 7 September TO 28 September 2020 The COVID-19 pandemic has caused
uuforesen difficulties and delays in the conduct of CLAT 2020 and the repeated postponement of the examination has resulted ill uncertainty for students parents and the participating
Cuiversities
At the Faculty deeting at the liuivelsity on August 6th 2020 the mailer was considered at
length when the CLA T 2020 wa postponed fiom Angust 2211d 2020 to September 7th 2020 and need to avoid a delayed cademic Term was discllssed NLSlli is lllliqueiy
disadamaged as it follows a nilllestersystem where eely academic year is made up of three
Tenns of 90 days dmmion ldoreover each term 1ll1lSt accommodate 60 hours of classroom illSh11Ctioll in each course and adequately provide tOr examination and evalnation processes
FunheL the aCBdemic offering tor the 3rd 4th and 5th year ofThe BA LLB programme as well
as the LL2gtI programme is fully integrated and requires it COIlllllon academic calendar Hence if NLSlt is unable to complete admissioIlS before the cud of September 2020 it wil iueitably result in a Zero Year with no admissions that deprives law students of the opportunity to pursue their smdies l11i year at Indias premier law university At this meeting the Faculty Imanimously
resolved that NLSIC needed to take all measures necessmy to avoid a Zero Year
Tllereatler the matter was also placed before the Executive Council at its 91t meeting held on
12 August 2020 wherein it was ullanimously resolved to aurholize the University to develop an altemmive admission process in the event that CLAT 2020 was not conducted all September
2020 Therefore NLSlt is cOlllpdled by Ille current cncumstances to conduct a separate admissions process for the B LLB and LLM progrmnmes for the Academic Year 2020-2 L
Accordingly the Vice Chancellor constilllted a Faculty SubmiddotCommittee on 28 August 2020 to
develop a revised admissions procedure The Sub-Commirree concluded that a common ntlance test conducted online at the lowesl possible application fee vould be a fair
lransparem and accessible admissions nrocess at this stage The pro])osals oftlle Sub-Committee - - ~
were discussed at the Facultv Meetimr held on31 Augnst 2020 Afler taking-
into aCCOllll the ~
snggestions and revisions as llece~sm) the Revised AdmJion otificarions for the Academic
Year 2020-21 for the BA LLB programme and programme have been notified on the Cniversity Yeb~ite
The Cniversit aims to initiate and complete the entire process by mid-September and begin the Academic Term immediately thereafter While the reised admissions ploce presents a monumental task the careers of the students who 1mve worked hard for this opportunity remain
our top priority
The Vice-Chancellor and I shall continue to apprise the Faculty of the developments and we thank you for yom SUpjlOlt al this time
Sincere
Prof (Dr) Snmsu Esther Thomas Professor of Law and Registrar ]LSn
ltlember Secretary Executive Council
Copy to (1) Member offacuIty NLSlli
(2) Vice-ChallCellQL NLSIC
~) rRua (IPYshy
JNNEPCUJlpound R-Jb 8
Tlle PI ident
ConSOl1iUlll ofltational Law Cmverities
3 September 2020
Sub Decision of the Consortium dated 270820 to postpone CLAT 2020
Dear Prof VijaykumaL
Guering ilOlll LSru Bangalore
The COVID-19 pDlldemic has caused unforeseen difficulties and delays in the conduct of CLAT
2020 The repeated postponement of the examination has reulred in ullcel1ainty for students
parms and the pmticipating Cuiverstie
LSIl is uniquely disadnmaged as it follows a trimester system where evelY academic year is
made up of three tenlls of 90 days dmation rIoreover each term must accollllllodate 60 hours of classroom instruction in each course and adequately provide for examination and evaluation
processes Further the academic offering for the 31d 4th and 5th year of the BA LLB
pro~ml1111e as well as the LLrl progrmllllle is fully integrated and requires a common academic
calendar
Hence if ll_SIU is unable to complete admissions before the end of September 2020 it will
inevirably resut in a Zero Year with IlO admissions This deprives law sludents of the
opportunity to pursue their mdies tills year at Indias premir law university Therefore ](LSIU
is compelled by the ClliTem circumstance to conduct a separate admissions process for the BA LLB and LLM programmes for the gtcademic Year 1020-21
This matter was considered at length at a F acuIty lHeeting at the Cuiversiry on August 6th 2020 where the Faculty unanimously resolved that NLSIC needed to take all measures nec6sary to avoid a Zero Year The Execmive COllllcil ofte Cniversity the 91s1 EC meeting held in two
sessioLlS 011 12th Ausmst 2020 and 1 Stl August 1020 considered the maner and unanimously- ~
resolved TO authorize the University to develop 0Jl altemative admissions process in tile evem
tlwt CLAT 2020 was not conducted on September 7th 2020
On August 28th the Executive COlllmittee of the COllsortiull of National Law Universities
postponed CLAT 1010 from September 7th to September 28th 2010 III these circulIlstances
NLSIU is compelled to conduct a sepmate admissions process forthe Academic Year 2020-2 L
I reiterate that NLSIU will continue to discharge all its responsibilities as a Founder )middotlember of the COllS011iulll Rncl the Vice-Chancellor in his capacity as ex-officio Secretary-Treasurer shall
extend all necessary SUppOH to the Consortium for the SUCCessful condlct of CLAT 2020 at the
earliest possible date
I am continuously available to clarify any of these developments on the email and the phone e
request yon to take all necessalY steps 10 connmlllicale this to all students who have registered for CLAT 2020 as we lllUICt conduct the admissions process with the least possible
disl1lptioll
Sincerely
Sarasu E1her Thomas Registrar NLSIC
Copy to
(1) vIr Bahaj Chaul13ll CLA T COllvenor (2) Members of the Consortium
~~~2
ROE c Flyshy
AIIIIIIpound1CtfJa R-jrr ~ATIO~AL LAW SCHOOL OF LiDH t7~IVERSITY BEGAIXRl I0 0
PROCTORING PROTOCOLS
THE KATIONAl LAV APTITlDE TEST 2020
NLSIF uims TO ensure that the NLAT 2020 is an accessible smdem-triendly examinmion registered candidares are required TO follow the highest standards ofacademic integrity while raking the res The Proctol1ng Protocols to monitor the examination process are sel om below
middotmiddotmiddotmiddotmiddot~-middot~rmiddot~middotmiddotmiddotmiddot-~middotmiddot-middotmiddotmiddot~middotmiddot ------~~
50 lIalpracticf Ownersbi]l PradoI Ation
1 I111pcfsonation Proctor L Record Malpractice I
~(determined at of _ Do not allow the impersonator to starr candidate validmion the xmninatioll prior to cxanllmnion 3 For PWD candidates both the commencement) candidateS and scribes GOV1 Photomiddot
I ID must be verified bull
2 Inappropriate Proctor Proctors will send a message to such surroul1dings ar teSC candidates Please sweep th canlra location External help ill a circle around me place you are solicited (suspected) taking the assessment and i or (Someone otiler than Please tilt rhe devicemiddot keyboard you pennitted scribes are using for the assessment)present in the vicinitv
1 Candidates to show 8 360-degree view candidate looking ill of the emire room by mming on a mher directions webc8m (Iapmpsidesktopsl or fromcontinllollsly
periodically candidate camera (as directed by proctor) talking communicating (mobile devices) tilt the device
Iin any other manner keyboard as instrUCTed dlh SOIlleone other thrill 3 If any 1llla1lthorised person or penllired scribes unauthorised device is observed in the
candidateS vicinity including but not limited to person(s Othef than permitted scribes HDMI cabies extemal devices projection of the feSt screen etc proctors m terminate the candidates examination attempt
I inUlledlately
4 If the proctor observes a phone rabler other device falling slipping when the device keyboard used for the assessment is tilted proctor to terminate the exam immediately
5 Any candidate who fails to comply with the proctors instruction within 45 seconds will be logged OUl of the examination ProcmfS may permit 10 additional seconds in simations where they ill Ildr ciretiol1 determine that
10 ~-()
3
4
5
6
s
~IaljJractke
T alkingiS peaklngJvIaki ng Gestmes (could include gestures that indicate to the proctor candidate may be using another demiddotic~middotmiddot looking at chat applications InirrofJ other screen etc ) VindQw ~ u (Accessing any other window other than the test vinoo)
I
Lac Face not Detected (Candidate not present in front of systenl)
-fllltipJe persons detected
i Foreign Device Observed (~vlobileT ab letsCa leuia tors etc)
Candidates observed
II OwnerSlliL I
Proctor l
0_
3
Systell1 Ii
0_
Proctor l _
3
LProctor _
3
Proctor i
Proctor L
P~()ct()r Actim the candidate may 110t hay noticed l11essages i1-0111 the proctor in the course of anc~llpting the exarlination Send tlyo yarnings m the cnndidare If a candidate persists with this be11ayio1[ the procmf shalt inform tbe Super Proctor Super Proctor may recommend t11m candidates should be conracted through the system for clarification or disqualified
Candidate will be loggerl our of the -xal - middotl1hafmiddoto~h at~middot1 c1 _ ~UCh - ~ 1 dllC1UY I
accounts for occasional 0Jc~m popmiddot ups Inacyertent errors)
Proctor may issue to candidates when the first tiw attempts afe detected
Send one warnjl1~ If the candidate does nor reUlrn within 45 seconds tennlnate the candidates examination attempt immediately Proctors Jllay permit 10 additional seconds in situations Where they in theit discretion determine that the candidate 111ay not hay noticed
--warning messages 110111 the proctor in the conrse of Jttempting the examination Send one vaming to the candidate
~~~~
If the other person does not leave imrnediatcly tenninatt the candidateS fxaluination rmempt immediately Proctors shall when comempla ring the abo1e actions account for a PVD candidmes fhm may be
_cHsing b Candidates that mav be 3D faring~p
for the exarnination at test centres
Send one wamin to the candidate If the candidate still persists terminate the candidate5 ~xalnination attempt immediately Send one to the candidate
7
i f--
S~o r HalpnKtke OWllerlthiJ Acflim
Headphones Blueworh _ Check if the candidate is only using it Audio devices for microphones purposes fle
plugged into systel11 as an external 3uaclled microphone bur candidate is not wearing earptcef h~adset)
o If the candida does nor comply with
the proctors instructions rermilk1te the candidate s examination attempr I immediarely_- ----+-_--shy
9 Simulmn~ou5 login Proctor L Proctors will observe rhe picmres of nne1l1pts 11mlriple candidates fr01l1 all such dcices
~0 _ If ir is observed rhar someone other rhan the candidate is using snell other d~vic~s proctor to renuinme the exafn immediately
3 If a candidate is observed on all snch Ideices proctor will flag the issue for
the Super Proctors anenrion Super Proctor nlay recoffilllend that
Ibull bull
candidates be contacted through the system for claritlcarion or disqualified Further investigation posr the examination may be carried out with help of audit togs generated on the SYSTem and lLSIU may disqualify the cundidllle upon such I eXaJlJnation
10 Any other malpractices Proctor Super Proctors Super Proctors may in nor describe above Proclor addition to situations where Proctors
Super Proctors detect any potential malpracrices as described above ask the candidate to perform any of the aceions described ill this column titied Proctor Action at any lime and tU
their discretion III addition to the demits set om in
these Prorocols~ the Super Proctors shall haVe the authoriry 10 disqualify a candidate terminate the candidate S examination attempr in the event they detect any act or onssion that docs nol comply with the requiremems of inregriry of a test of the llamre of the -LAT 2020
~OTES
j Instructiolls will provided to candidates on the rest screen as well as in advance of rhe examinarioll in a Candidare MannaI in relation to sinrariolls such as power ems internet
3
lo~ faiiures The assessment system used for the NLAT ~020 may permit the candidate to continue ansrering the question paper In events of internet failure hoyever this is subject to the Proctors discretion and subject TO the candidate system re-connecting to the examination interface it11i11 the rhlle and in the l11anner stipnlated ill the Oll~$creell instmctions and the Candidate ManuaL lilile every attempt shall be made to ensure that commullications instructions and requests promptly are delhered to candidates during the examination process candidates shall have the responsibility to ensure that they respond to such communications messages instructions and requests promptly
3 NLSIU reserves the right upon conducting a derailed and thorough sCl1lriny ofrhe system reports generated for short1isted candidates after the exanlination to any such candidates test scores in the event the system reports in KLSICs opinioll reveal any act or omission tllat does no comply 1rh the req1irements of of a res of the namre rhe NLAT 2020
4 NLSIU rnay re-iey update these Protocols at any tilne prior ~o the exarninarlon at discretion All registered candidates shall be Infof1ned of such elSlOllS l1pcla~s prior ro time of their examination
0-+ A~exURR-IebullNATIONAL LAW SCHOOL OF INDIA UNIVERSITY
Post Bag No 7201 NAGARBHAVI BENGALURU bull 56C 242 (Old Code No 560 (72) INDiA
T6efax OSQ 2321 31602315 Q532 535 Fax 080 2316 0534 Website VhOIS(1CT EmaM
I
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1i1I Jur lh- liPL Ll 1 I 2u~o gtlJhitbLlt Hi
J A University for Lega Studies and Research sponsored by the Bar Council of IndJa and established under Karnataka Act 22 of 1986
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
IN WRIT PETITION (CIVIL) NO1030 OF 2020
IN THE MATTER OF
RAKESH KUMAR AGARWALLA amp ANR PETITIONERS
VERSUS
NATIONAL LAw SCHOOL OF INDIA UNIVERSITY
BENGALURU amp ORS RESPONDENTS
APPLICATION ON BEHALF OF RESPONDENT NO1
SEEKING EXEMPTION FROM FILING DULY ATTESTED
ORIGINAL COUNTER AFFIDAVIT
TO
THE HONBLE CHIEF JUSTICE AND
OTHER HONBLE JUDGES OF THE
HONBLE SUPREME COURT OF INDIA
THE HUMBLE APPLICATION OF THE
RESPONDENT NO1 ABOVE NAMED
MOST RESPECTFULLY SHEWETH 1 That the respondent No1 is filing the accompanying Counter
Affidavit of its authorized representative in the present matter
2 That the Respondent No1 craves leave of this Honble Court to
refer to and rely upon the contents of the accompanying countershy
affidavit
loi 3 That due to the situation prevailing on account of corona virus
pandemic the authorized representative of the respondent No1
is unable to get her Counter Affidavit duly attested f notarized
Accordingly the respondent No1 is constrained to file the nonshy
attested signed affidavit in support of the present countershy
affidavit
4 That in the light of the above-mentioned facts and circumstances
which are beyond the control of the Respondent No1 it is
imperative that the Respondent No1 is exempted from filing the
duly attested Affidavit in support of the present counter-affidavit
5 That the present application is made bonafide and deserves to be
allowed in the interest of justice
PRAYER
It is therefore most respectfully prayed that this Honble Court
may graciously be pleased to allow this application and
(i) Exempt the Respondent No1 from filing of the duly attested
original Counter Affidavit and
(ii) Pass such order(s) as this Honble Court may deem fit and proper
in the facts and circumstances of the present case
AND FOR THIS ACT OF KINDNESS THE APPLICANTS AS IN DUTY
BOUND SHALL EVER PRAY
FILED By
~ (KUMAR DUSHYANT SINGH)
ADVOCATE FOR THE RESPONDENT No1 FILED ON 14092020
ItJ1
iN SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
IN WRiT PETITION ViL) NO1030 OF 2020
rnON[HS
VERSlS NnOiIL LNV SCHOO GF INDiA UrJ1VERSiTY
l~G Ul-ZU amp OFS
AFFIDAVIT ) fhO[vlS fv1L Nt Thornas
years at Faculty Quarters Block 2 National ind Nagarbhavi Bengaluru 560072 do afffr and statG on oath as under
the Respondent NO1 in the present
VJith of the case and
affirrn to this affidavlt
2 the contents of accompanying application exenlption are
true correct ~o my Knowledge and belief nOthing rrt3hrial
llas concealed ti
VERIFICATION
at Bengau(u on)~ cay of September 2020 that the
contents of above affidavit are true and correct to my knOWledge and
and nothIng rnateria has concealed therefrom
RECORD OF PROCEEDINGS
Sr DATE OF RECORD OF PROCEEDINGS PAGES No
1
2
3
4
5
6
7
8
INDEX
SR PARTICULARS PAGE No No 1 COUNTER AFFIDAVIT ON BEHALF OF THE
RESPONDENT No1 I-4
2 ANNEXURE-R-1I1 True Copy of the relevant extract of the Minutes of the First Meeting of the Executive Council 1-+0
3 ANNEXURE-R-12 True Copy of the minutes of the meeting dated 41-St 12121987
4 ANNEXURE-R-1I3 I I True Copy of the minutes of the meeting of the ~()~
Executive Council of NLSIU dated 27012007
5 AN NEXURE-R-14 True Copy of the minutes of the meeting of the Executive Council of NLSIU dated 13052007 ~S
6 ANNEXURE-R-15 True Copy of the order dated 28112018 in WP(C) NO600 of 2015 titled as Shamnad ~16 Basher Vs Union of India
7 ANNEXURE-R-16 True Copy of the relevant extract from the Executive Committees Resolution dated T 11091988
8 ANNEXURE-R-17 A detailed note explaining the aforesaid timeframe required for completion of an academic year -fS
9 ANNEXURE-R-18 True Copy of the Communication of Nirma 7ampUniversity to the Registrar of NLSIU dated
I 12092020
I 10 ANNEXURE-R-19 I True Copy of the table prepared by the Respondent No2 and produced in his Counter- i ~1-~o Affidavit describing the said efforts
I 11 ANNEXURE-R-110
True Copy of minutes of the faculty meeting dated 11-1 3 middot 06082020
12 ANNEXURE-R-1I11 91 8tTrue Copy of the draft minutes of the
Executive Council meetings dated 12082020 and t+--f18082020
13 ANNEXURE-R-112 True Copy of the Report of the Admissions
I Committee trD I
bull 14 ANNEXURE-R-113 True Copy of the minutes of the Faculty Meeting ~I-ladated 31082020
15 ANNEXURE-R-114 True Copy of the Communication dated 03092020 regarding NLAT 2020 issued to the ~+-t)~Nominee of the Chancellor and Executive Council members
16 ANNEXURE-R-115 True Copy of the Communication dated -~03092020 regarding NLAT 2020 addressed to
i the Faculty of NLSIU
I 17 ANNEXURE-R-116
True Copy of the Communication dated f-ttc)03092020 regarding NLAT 2020 addressed to the Consortium of National Law Universities
18 ANNEXURE-R-117 The Proctoring Protocol established by NLSIU to loo-oi effElctivelv detect candidate malpractice
I
I
19 ANNEXURE-R-118 True Copy of the press release issued by NLSIU on 12092020 depicting the said facts
18 ApPLICATION ON BEHALF OF RESPONDENT No1 SEEKING EXEMPTION FROM FILING DULY ATTESTED ORIGINAL COUNTER AFFIDAVIT
14shy
~oSI I
1 IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
IN WRIT PETITION (CIVIL) NO1 030 OF 2020
IN THE MATTER OF
RAKESH KUMAR AGARWALLA amp ANR
VERSUS
NATIONAL LAW SCHOOL OF INDIA UNIVERSITY BENGALURU amp ORS
PETITIONERS
RESPONDENTS
COUNTER-AFFIDAVIT OF RESPONDENT NO1
I Prof Sarasu Esther Thomas daughter of Mr AM Thomas
aged about47 years residing at Faculty Quarters Block 2 National Law
School of India University Nagarbhavi Bangalore - 560 072 Registrar
of the Respondent No1-University (NLSIU) solemnly swear on oath
and state as follows
1 The above Writ Petition is not maintainable is without merits and
liable to be dismissed in limine
2 The above Petition is filed calling in question the decision of
NLSIU to hold an admissions test called National Law Admissions
Test 2020 (NLAT 2020) for selecting candidates to join the five-
year BALLB (Hons) undergraduate programme and one-year
LLM postgraduate programme
3 NLSIU submits that the above Writ Petition is liable to be
dismissed for the following reasons
a The Petitioners lack focus standi to maintain the present
Petition
b The decision to implement NLAT 2020 is entirely justified in
the facts of the case and is in the public interest and in the
interest of students at large because implementation of
NLAT 2020 is the only way to avoid a Zero Year where
students will lose the opportunity to join NLSIU in the
current academic year
The academic year at NLSIU must be of at least 285 days
duration for reasons more fully explained herein below
The academic year for the incoming batch of first-year
students for the Academic Year 2020-21 will fall short of
285 days if NLSIU does not complete admissions by
18092020
Therefore postponement of CLAT 2020 from 07092020 to
28092020 rendered completion of admissions to NLSIU
and commencement of term by 18092020 impossible To
ensure that students aspiring to join classes in Academic
3 Year 2020-21 were not consequently denied the
opportunity to study in NLSIU NLSIU implemented NLAT
2020
c The implementation of NLAT 2020 is also permitted under
and in accordance with applicable law As per the NLSI
Act the Executive Council is the Chief Executive Body of
NLSIU The Executive Council has categorically authorised
the Respondent No1 conduct its own admissions process
The impugned examination NLAT is held pursuant to the
said categorical and unanimous decision of the Executive
Council
Further the Memorandum of Association and Bye-Laws of
the Consortium of National Law Schools which conducts
the CLAT exam do not prohibit a member from conducting
its own admissions test to determine admissions especially
when CLAT is not held by the Consortium In any event
even assuming without admitting that the Bye-Laws do not
permit it the same would result purely in a dispute amongst
members of Consortium and cannot be urged in this Writ
Petition
Re Maintainabilitv
4 The Petitioner No1 claims to be the father of an aspiring law
student However absolutely no materials are placed on record to
depict the said fact Further it is neither averred that the child of
the Petitioner No1 is a minor nor is any material or evidence
depicting his I her minor status placed on record As such the
Petitioner No1 has no right to move the Petition on behalf of his
child
5 Pertinently no student has himself or herself filed any
proceedings calling NLAT 2020 in question before this Honble
Court
6 The Petitioner No2 is the Chairperson of a private law college
viz Vivekananda Institute of Professional Studies Every
institution imparting legal education in the country has an interest
in the outcome of the present litigation The above college is not a
member of the Consortium and Petitioner No2 is not aggrieved in
any manner It is also sad that the Petitioner No2 having been
the Vice-Chancellor has chosen to file this writ petition knowing
28thfully well that holding the exam tentatively on September
would have resulted in a complete washout for NLSIU On the
5 other hand the other 21 colleges would not be affected as they
follow a semester system
7 Without prejudice to the foregoing preliminary contentions
regarding maintainability NLSIU craves leave to submit
regarding the merits of the matter as follows
RE FACTUAL BACKDROP RELATING TO NLAT 2020
Brief Background regarding NLSIU
8 NLSIU is established pursuant to a joint initiative of the Honble
Judiciary the Bar Council of India (BCI) and the Karnataka Bar
Council with a view to create a premier institution of legal
education in India It was set up by the National Law School of
India Society established by BCI Trust as a society under
Karnataka Societies Registration Act 1960 comprising members
of the Bar and legal academics to establish a leading national
institution for legal studies The said society approached the
Government of Karnataka to host the school in Karnataka The
State of Karnataka agreeing to such request enactedthe
National Law School of India Act 1986 (Karnataka Act No22 of
1986) for this purpose (NLSI Act)
9 NLSIU which was established as an autonomous national-level
institution under the NLSI Act is now recognized globally as the
premier institution for imparting legal education in the country to
students from India and overseas
10 NLSIU at present offers the following courses of legal study
a five-year undergraduate programme leading to the award of
BA LLB (Hons) degree
b one-year postgraduate programme leading to the award of
LlM degree
c two years Master of Public Policy post graduate
programme and
d Ph D I M Phil Research Degree programme
11 NLSIU carries out its functions autonomously regulated by its
governing bodies under the NLSI Act in consonance with the
professional legal education standards prescribed by the BCI In
exercise of its said autonomy NLSIU defines its own pedagogy
and the structure of the courses of legal studies to be offered by
it as also various structural elements such as its academic
calendar faculty intake and capacity etcetera
Brief Background regarding Historv ofAdmissions to NLSIU and Genesis of eLA T
12 From inception NLSIU has had autonomy in determination of its
admissions process The mode of admission into the University
was originally fixed by the Executive Council in its first meeting
dated 29081987 to 30081987 wherein it was decided as
follows
I The draft proposal of the Academic Council to Actions have the selection of the students done through will be an All India admission test and interview was taken as approved The procedure for admission Test per the and the selection may be decided by the decision Academic Council and implemented by the of the Director However the Executive Council Executive disapproved the recommendation of the Council Academic Council to pay one-way second-class train fare to the students called for the interview
The Council noted the sample objective type question paper presented by the two experts on the request of Professor Upendra Baxi However the matter for finalizing the test was left to the Academic Council and the Director The Council noted the format of admission Test provided by MIs RC Mishra and CB Dwivedi of Banaras Hindu University as the instance of Professor Upendra Baxi
True Copy of the relevant extract of the Minutes of the First
Meeting of the Executive Council is annexed herewith and
marked as ANNEXURE-R-11 (Page No l-40)
13 Pursuant thereto the Academic Council of NLSIU met on
12121987 and resolved the final procedure for admission True
Copy of the minutes of the meeting dated 12121987 is annexed
herewith as ANNEXURE-R-1I2 (Page No 51)
14 Until 2007 NLSIU was conducting its own entrance examination
for admissions into its various programmes Pertinently even till
date NLSIU continues to conduct its own admissions process for
the MPP programme and Ph D programme mentioned in
paragraphs 1 O(c) and 10(d) above
15 In or around 2007 in the backdrop of proceedings before this
Honble Court in Varun Bhagat v Union of India and Ors
wP(C) No 68 of 2006 a meeting of the (then-existing) seven
National Law Universities was convened by the Ministry of
Human Resource Development to consider implementation of a
joint entrance examination for admission to the said NLUs The
seven NLUs entered into an MOU to conduct a common test
J known as the Common law Admission Test (ClAT) It was
agreed that each participating University shall conduct the exam
by rotation The matter of adopting such a common entrance test
was also deliberated by the Executive Council of NlSIU in its
meetings dated 27012007 and13052007 wherein the
Executive Council directed that NlSIU should ensure it plays a
lead role in implementation of such common entrance test True
Copy of the minutes of the meeting of the Executive Council of
NlSIU dated 27012007 is annexed herewith and marked as
ANNEXURE-R-113 (Page No +)
True Copy of the minutes of the meeting of the Executive Council
of NlSIU dated 13052007 is annexed herewith and marked as
ANNEXURE-R-114 (Page No S 16 Thereafter the ClAT process itself was called in question before
this Honble Court in two separate proceedings ie Shamnad
Basheer v Union of India WP(C) No 600 of 2015 and Disha
Panchal v Union of India WP(C) No 551 of 2018 In Disha
Panchars case where grievances relating to ClAT 2018were
raised this Honble Court directed the Ministry of Human
Resource Development to appoint a Committee to investigate
1o CLA T 2018 suggest remedial measures and look into future
arrangements for the exam and this Honble Court also observed
that the idea of different NLUs conducting the exam each year
needs to be revisited In Shamnad Basheers case four issues
were raised regarding CLAT namely (a) the decision of the
Universities to conduct the exam in turn by rotation (b) the
quality of the exam itself (c) the integrity of the exam and (d)
issues relating to accessibility particularly amongst
underprivileged segments of society
17 The concerned NLUs in this backdrop and independently of any
directions of the Honble Courts in the said proceedings resolved
to establish a Permanent CLAT Secretariat at NLSIU Bangalore
by incorporating a registered society namely the Consortium of
National Law Universities A plain reading of the Memorandum of
Association and Bye-Laws of the Consortium clearly
demonstrates that the objectives and purposes for which it was
formed were multifarious in nature and not restricted to
conducting the entrance exams The concerned NLUs further
decided that the said society would be responsible for conducting
the exam under the leadership of the Consortiums Executive
Council Based on the said decision the Respondent NO3 (the
Consortium) was formed as a society under the Karnataka
Societies Registration Act 1960 NLiSU was given a central and
prominent role in the Consortium and it was decided that the
Secretariat would be permanently located at NLSIU Bangalore in
order to address the concerns raised in Shamnad Basheers
case
18 The Petitioner in the said case however(relying on an Expert
Committee Report submitted in Disha Panchals case
recommending that a government agency be mandated with
conduct of CLAT sincemiddot rotation-based implementation by
individual colleges was undesirable which Report had been
submitted prior to constitution of the permanent Consortium
Secretariat) pressed for the National Testing Agency to be
entrusted with conducting CLAT This Honble Court vide its
latest Order in the above proceedings dated 28112018 directed
the Ministry of Human Resource Development to convene a
meeting amongst the stakeholders to consider this prayer True
Copy of the order dated 28112018 in wp(C) NO600 of 2015
12 titled as Shamnad Basher Vs Union of India is annexed
herewith as ANNEXURE-R-1f5 (Page No amp-I-J) However thereafter there have been no further proceedings in
the said case
19 As is clear from the foregoing establishment of the Consortium
and CLA T were purely voluntary decisions taken by the
respective NLUs pursuant to deliberations amongst them and in
order to resolve issues and concerns that had been raised by
various stakeholders including in the afore-described
proceedings before this Honble Court Further and specifically
to the best of the Answering Respondents knowledge - and on a
perusal of the various Orders of this Honble Court in the
aforesaid proceedings- it is crystal clear that this Honble Court
did not issue any directions to establish or implement either a
common law entrance exam or a Consortium of National Law
Universities In fact even the Petitioners do not rely on any such
Orders
20 The voluntary nature of participation in the Consortium and
consequently CLAT is also established by the fact that the Bye-
Laws of the Consortium itself provide for voluntary withdrawal
13 which could never have been permitted if the Petitioners
contention that it was the result of Orders of the Honble Court is
correct
21 NLSIU as a party to the deliberations amongst the NLUs
described above has been at the forefront of implementing
CLAT and also taking continuous measures to enhance and
improve the CLAT admissions process right from the inception
and till date
Events relating to CLAT 2020 Inordinate Delay in Holding CLA T 2020
22 Even for the Academic Year 2020-21 NLSIU actively partiCipated
in the announcement and implementation process of CLAT 2020
23 As per the original schedule for CLAT 2020 the exam was to be
conducted on 10052020
24 However starting from March 2020 and thereafter the
Consortium resolved from time-to-time to reschedule the CLAT
2020 due to the COVID-19 pandemic as follows
Date of decision to Rescheduled Rescheduled Decision reschedule from - Date to- Date taken by
21042020 10052020 21062020 General Body
18052020 21062020 To be notified Executive Council
14shyI
29062020
05082020 I
10082020
28082020
NA
I
22082020
NA
07092020
22082020
To be notified
07092020
28092020
Executive Council
Executive Council
General Bodv
I Executive bullCouncil
25 As is clear from the foregoing CLAT 2020 which was originally to
be held on 10052020 now stands delayed by more than four
months to 28092020
26 The aforesaid decision to postpone CLA T 2020 to 28092020
would have compelled NLSIU if it were to rely on CLAT to
complete its admissions to declare a Zero Year ie forgo
admissions into the first year of its BA LLB and LLM
programme for the reasons explained hereafter
27 NLSIU amongst 23 NLUs is the only NLU which maintains a
trimester system-based academic calendar The trimester system
is implemented as per the decision of the Executive Council of
NLSIU in its 4th meeting held on 11091988 The Executive
Council in the said meeting decided that each Academic Year
shall be divided into 3 academic terms of mandatory 70 working
days each True Copy of the relevant extract from the Executive
S Committees Resolution dated 11091988 is annexed herewith as
AN N EXURE-R-1 16 (Page No J)
28 The requirement to hold mandatory seventy working days in each
trimester rests on the fact that NLSIU offered a novel integrated
five year dual-degree programme that would otherwise take six
years to effectively deliver In this backdrop in order to comply
with applicable UGC guidelines and justify a five-year
programme the University devised a trimester-based model
which could sustain the additional workload and justify the five-
year timeframe The same therefore necessarily requires an
academic year to be at least 285 days long (even if the usual 15
days break at the end of each term required for evaluation and
analysis is reduced to 5 days) A detailed note explaining the
aforesaid timeframe required for completion of an academic year
are annexed herewith as ANNEXURE-R-17(Page NOT~
29 Therefore the requirement to complete 285 days in the Academic
Year 2020-21 coupled with the requirement to start the next
academic year (2021-22) on 01072021 meant that NLSIU has
to start its first-year classes for the Academic Year 2020-21 by no
later than 18092020
I 30 Pertinently the impact of delays in CLAT on academic calendars
is not only real but also felt by other institutions For example
Nirma University which conducts its LLM programme on the
basis of trimester system was constrained to withdraw from
CLAT 2020 due to the delays in conduct of the same True Copy
of the Communication of Nirma University to the Registrar of
NLSIU dated 12092020 is annexed herewith and marked as
ANNEXURE-R-1S (Page NO-=t-)
NLSIUs Efforts to Complete Admissions through eLAT 2020 Process
31 NLSIU in view of the need to complete admissions and
commencement of the course by 18092020 made substantial
bona fide efforts to convince the Consortium to facilitate the
conduct of CLA T 2020 in a timely manner
32 The Respondent No2 has in his Counter-Affidavit laid out the
efforts made by him to avoid postponement of CLAT 2020 NLSIU
adopts the averments made in this behalf in full True Copy of the
table prepared by the Respondent No2 and produced in his
Counter-Affidavit describing the said efforts is annexed herewith
as ANNEXURE-R-19 (Page No i1f~
33 Further in light of the repeated delays when CLAT 2020 was
postponed on 28082020 to 07092020 NLSIU also proposed
several alternatives to the Consortium which would enable
universities to complete their admissions within the timeframe
required whilst leaving it open to members if they so choose to
delay their admissions process The options furnished were (a)
for NLUs to proceed with their own admission process for 2020shy
21 (b) allow for CLAT 2020 to be conducted in two series so that
Universities may choose an earlier or later date and (c) for NLUs
to admit CLAT-enrolled students to appear for separate exams
conducted by the NLUs with no further need for registration or
fee payment However the members of the Consortium did not
agree to any of the alternatives suggested Subsequently on
10082020 the General Body of the Consortium met and
decided to hold CLAT 2020 on 07092020 If CLAT 2020 was so
held it would have enabled NLSIU to complete the admissions
process in time to meet the requirements of its academic
calendar
Faculty and Executive Council Decision re Alternative Admissions Process Announcement of NLAT 2020
34 The Faculty of NLSIU at their meeting dated 06082020 had
considered a short presentation made by the Registrar of NLSIU
on the effect of the postponement on NLSIUs admissions cycle
and academic year and noted the dangers of a Zero Year
including loss of talent to the University loss of opportunity by
students to study at NLSIU and monetary losses over 5 years
The Faculty in this backdrop unanimously resolved that NLSIU
needed to take all measures necessary to avoid a Zero Year
True Copy of minutes of the faculty meeting dated 06082020 is
annexed herewith as ANNEXURE-R-110 (Page NOI)
35 As the continued delays in CLAT 2020 would frustrate NLSIUs
academic calendar the Executive Council at its 91 51 Executive
Committee meetings dated 12082020 and 18082020 resolved
and directed the University to implement an independent
admissions process if the CLA T 2020 was further delayed beyond
07092020 True Copy of the draft minutes of the 91 s1 Executive
Council meetings dated 12082020 and 18082020 is annexed
herewith and marked as ANNEXURE-R-111 (Page NO +- tamp)
Efforts taken to Implement NLA T 2020 Effectively with Engagement of All Stakeholders
36 NLSIU being left with no other alternative had to act with alacrity
to complete the admissions process and commence classes by
18092020 and avoid a Zero Year
37 In this backdrop and pursuant to the directions and instructions of
the Executive Council at the meetings dated 12082020 and
18082020 to devise alternative methods to complete
admissions the Respondent No2 convened a Admissions
Committee to consider the modalities for completing admissions
The Admissions Committee considered three options for
admission for incoming students First a centre-based computer
entrance examination Second a home-based online examination
for all students and Third a three-stage process providing weight
age to 10+2 marks online entrance examination and an
interview
38 The Admissions Committee in weighing the feasibility of the
aforesaid options took into account all relevant factors including
the time constraints and costs the requirement to ensure that
candidates are not put to any undue disadvantage as a result of
the decision and also the prevailing practice of NLSIU prior to the
introduction of the CLAT to conclude that an entrance test
conducted online at the earliest and with the lowest possible
application fee would constitute the most fair transparent and
accessible admissions process in the above circumstances The
Admissions Committee expressly noted that the said approach
would be in line with the decision of the Executive Council in its
meeting dated 28081987-30081987 as also the subsequent
decision dated 12121987 of the Academic Council whilst
implementing the aforesaid view of the Executive Council (which
decisions are more fully described hereinafter)True copy of the
Report of the Admissions Committee is annexed herewith and
marked as ANNEXURE-R-112 (Page No S=J) 39 On 31082020 NLSIU convened a Faculty Meeting and the
proposals of the Admissions Committee were duly deliberated
and accepted The Faculty unanimously agreed that a separate
admissions procedure would be in the best interests of the
students and NLSIU True Copy of the minutes of the Faculty
2 Meeting dated 31082020 is annexed herewith and marked as
ANNEXURE-R-113 (Page N0-11)
40 Pursuant thereto the Vice-Chancellor formed a team consisting
of faculty members and professionals to finalize the modalities of
the examination and also appoint after evaluation the
appropriate service providers to facilitate the conduct of the
examination
41 Thereafter once these actions were completed by the said team
and the modalities were frozen the Respondent No2
communicated I caused to be communicated through the
Registrar the final arrangements to the Nominee of the
Chancellor the Executive Council the Faculty of NLSIU and also
the Consortium itself The details regarding the same as also the
conversation between the Respondent No2 and the nominee of
the Chancellor of NLSIU are averred by Respondent No2 in his
Counter-Affidavit NLSIU craves leave to adopt the said
averments True Copy of the Communication dated 03092020
regarding NLA T 2020 issued to the Nominee of the Chancellor
and Executive Council members is annexed herewith as
ANNEXURE-R-114 (Page No ~V
True Copy of the Communication dated 03092020 regarding
NLAT 2020 addressed to the Faculty of NLSIU is annexed
herewith as ANNEXURE-R-115 (Page No -1) True Copy of the Communication dated 03092020 regarding
NLA T 2020 addressed to the Consortium of National Law
Universities is annexed herewith and marked as
ANNEXURE-R-116 (Page No It)
42 Therefore the decision to hold NLAT 2020 was notified on
03092020 only upon completing the processes described
above and with due and full disclosure to internal stakeholders
the Executive Council as also the Consortium itself
43 It is in the above factual backdrop and pursuant to permission
granted by this Honble Court in its Order dated 11092020 in the
above proceedings that NLSIU has implemented NLAT 2020 with
a view to avoid declaring a Zero Year
RE LEGALITY OF NLAT 2020
Re Statutory Power of NLSIU to Convene NLA T 2020 Scope of Executive Councils Powers under Statute
23 44 NLAT 2020 is implemented by NLSIU in the aforesaid factual
backdrop and in exercise of its statutory powers and functions
Pertinently it is implemented pursuant to and in terms of the
express decision of the Executive Council in the 91 stExecutive
Council Meeting wherein in the second session of the said
meeting held on 18082020 it was resolved as follows
The Executive Council unanimously reconfirmed this resolution to empower the Vice Chancelor and the University to conduct an independent admission process in the event that CLAT 2020 is delayed furthet
45 The power of the Executive Council to make this decision is
manifest from Section 10 of the NLSI Act which provides as
follows
10 The Executive Councilshy
(1) The Executive Council shall be the chief executive body of the School
(2) The administration management and control of the School and the income thereof shall be vested with the Executive Council
46 Even as per the settled law laid down by this Honble Court in
TMA Pai Foundation v State of Kamataka (2002) 8 SCC 481
the right of the educational institution under Article 19(1 )(g) of the
Constitution as recognised by this Honble Court encompasses
the right to admit students In the said Judgment at para 50 this
Honble Court held as follows
50 The right to establish and administer broadly comprises the following rights
(a) to admit students (b) to set up a reasonable fee structure (c) to constitute a governing body (d) to appoint staff (teaching and non-teaching) and (e) to take action if there is dereliction of duty on the part of any employees
47 As a matter of historical practice as well the Executive Council is
the supreme authority which is empowered to take decisions as
the chief executive body of the school The same is evidenced
from
a The decision of the First Executive Council meeting dated
29081987 - 30081987 wherein the mode of admission
is decided (produced above as Annexure R 1) and
b The decision at the Executive Council meetings dated
27012007 and 13052007 regarding admission through a
common entrance test (produced above as Annexure-R-13
and Annexure R-14 respectively)
2S 48 It is therefore indisputable that the determination of the method
of admission to NLSIU vests under the statute with the
Executive Council
49 The related contention that the Executive Council cannot decide
on the mode of admission without reference to the Academic
Council is misconceived The said contention is asserted on the
basis of conditionality imposed by the Second Proviso to Section
13 of the NLSI Act requiring that the Executive Council seek the
concurrence of the Academic Council before making amending
or repealing any regulations regarding the mode of enrolment or
admission of students As is clear from a plain reading of the said
provision the requirement for prior concurrence arises when the
Executive Council exercises its power to make regulations
50 In the present case there are no extant regulations in place
regarding or in respect of admissions into NLSIU
51 It is well-settled as per the law laid down by this Honble Court in
PTC India vs Central Electricity Regulation Commission (2010) 4
SCC 603 that the executive or administrative power vested in a
body under statute can be exercised independently of and
without recourse to subordinate legislative power vested in it
under the same statute In the present case the Executive
Council has exercised its executive or administrative power
which is not conditioned in any manner
52 The other contention sought to be urged in this regard that the
Vice-Chancellors decisions to hold NlAT 2020 do not fall within
the scope of are not authorized by the aforesaid decision of the
Executive Council dated 1218092020is also misconceived In
the first instance the said contention is wholly false for reasons
stated in the Counter-Affidavit of the Respondent No2 (the Vice-
Chancellor of the Respondent NO1-University) and the same is
fully reiterated herein In any event the said contention is also
untenable in law in view of Regulation 12 (re the Executive
Councils powers of delegation to the Vice-Chancellor)
Regulation 18(2) (re the Vice-Chancellors powers co-extensive
to the Executive Council) and Regulation 18(5) (re the
emergency powers of the Vice-Chancellor)
Re NLSIUs Power and Right to Conduct an Alternative Admissions Test to CLA T 2020 is not Constrained bv Orders of the Honble Courts
2~ 53 NLSIU adopted CLAT for purposes of admissions on a voluntary
basis
54 It is denied that there are any judicial directions to the NLUs to
hold CLA T In fact the Rajasthan High Court in respect of a
prayer for directions to NLU Delhi to admit students through
CLAT refused to do so in the case of Law Prep Tutorials Pvt
Ltd v Union of India DB Civil WP(PIL) No 754 of 2017 by
holding as follows
So far joining or not of a particular University in the Common Law Admission Test is concerned as at present we are unable to find any specific legal requirement where for any particular University may be directed to join the Common Law Admission Test by the Court Further the issues as to how the admission process and the examination process is to be conducted are required to be left for the decision and execution by the organising University Therefore as regards prayers Nos 4 and 5 we are not persuaded to entertain this petition
[Emphasis supplied]
55 The convenor of CLAT at that time viz Gujarat National Law
University was a party to the above case Therefore the
Consortium now cannot contend that CLAT is a mandatory
requirement for NLUs which contention is squarely contrary to
the aforesaid finding
56 In fact the Petitioners themselves do not rely upon any directions
of the Honble Courts in relation to establishment of CLAT or
adoption of the same The reference made to the Preamble of the
Consortiums Memorandum of Association in this behalf is
misconceived The language therein clearly depicts that this
Honble Court directed the Ministry of Human Resource
Development to convene a meeting amongst NLUs and the NLUs
then proceeded to consider the matter and resolved voluntarily
to conduct the CLAT exam The relevant recitals in this regard
as extracted below
AND WHEREAS on the direction issued by the Honble Supreme Court in Varun Bhagat v Union of India [WP NO68 of 2006 decided on 23112007] and due deliberations made by the University Grants Commission Ministry of Human Resource Development Government of India and the Council with the first seven NLUs the idea to conduct a combined test for all the thenshyexisting NLUs was conceptualized
AND WHEREAS seven existing NLUs in the year 2008 signed the Memorandum of Understanding dated November 23 2007 [the MoU] to hold a combined admission test to be organised by an NLU on rotation basis in the order of seniority
57 There are no Orders whatsoever in any of the proceedings
before this Honble Court requiring that CLAT be implemented It
is reiterated that the Petitioners themselves have neither referred
to nor produced any such Orders
58 The fact that the decision to stop implementation of the exam by
each participant-NLU on a rotational basis the establishment of
the permanent consortium and the inclusion of new universities
did not require any approval from this Honble Court also belies
the contention that the requirement to conduct CLAT arises from
Orders of this Honble Court
59 Further the fact that directions for modification of the process are
sought in Shamnad Basheers case have been entertained
without requiring the Petitioner therein to file a Review Petition
also establishes the said fact
Re Bye-Laws of Consortium
60 The contention that NLSIU is bound to admit students only
through CLAT in terms of the Bye-Laws of the Consortium and
specifically Bye-Law 1533 is entirely baseless for the following
reasons
c The Bye-Laws are a subordinate charter document binding
on the members The same cannot detract from or inhibit
the plenary statutory power conferred on the Executive
Council by the NLSI Act
d In any event Bye-Law 1533 relied upon by the
Petitioners does not have the effect as claimed by them
The said Bye-Law merely requires members in order to
eligible for membership to the society to adopt CLAT as a
mode of admission When read keeping in mind its object
and purpose the said Bye-Law cannot be construed to
require any member of the Consortium to admit students
only through CLAT even if the CLAT is not held ie the
Bye-Laws can never require a member to not admit
students at aiL
e In fact the Consortium itself has not understood or
implemented the Bye-Laws in this manner as is apparent
from the fact that all the NLUs are admitting students into
various programmes carried out by them (other than BA
LLB and LLM programmes) throughout without reference
to CLAT Therefore it is clear that all admissions to the
3National Law Universities are not on the basis of the CLAT
exam Therefore the contention that Clause 1533 of the
Bye-Laws compulsorily requires admissions to be based on
the CLAT is untenable and without basis
f Even assuming without admitting that the Bye-Laws have
the contended effect the same can only be actionable at
the instance of the society or any other members
Re NLAT Process
61 NLSIU as demonstrated above has the right to conduct its own
admission process in terms of its own statute In exercising this
right NLSIU has taken immense efforts and steps to ensure that
the test is lawful and also fair and reasonable
62 In the first instance the NLAT 2020 meets the triple test ie it
must be fair transparent and non-exploitative The NLAT 2020 is
fair insofar as it ensures an examination process that is
intellectually rigorous and meets the standards of integrity in order
to suitably judge the merit of ali candidates The selection of
candidates is based solely on their scores in the entrance exam
It has also been designed and implemented in a transparent
3) manner The examination is transparent as details thereof as
also the reasons therefore have been set out in detail through the
impugned notification NLAT 2020 is also implemented in a non-
exploitative manner by limiting the application fee for the test to
just RS150- for general candidates and Rs125- for SC and ST
candidates in order to ensure that students are not put to financial
burden due to the NLAT Further since the exam is an online
home-based examination students do not need to physically go
to an additional test centre
63 Apart from the same the authorities have also taken various
measures to ensure (a) accessibility and (b) prevent malpractices
These include
g NLSIU significantly relaxed the technological requirements
for candidates allowing them to take the examination with
minimal internet speeds and using a wide variety of
devices including Android smart phones and tablets
NLSIU also made available as many as 33 physical test
centres across the country in order to provide access to
students lacking the necessary infrastructure to appear for
~3 NLAT 2020 from home NLSIU further ensured that
necessary health and safety protocols were rigorously
adhered to at the said physical centres
h With a view to prevent malpractices NLAT 2020 is making
use of a combination of AI-based and human proctoring
Additionally the test structure has been designed in a
manner that minimises the possibility of candidate
malpractices This includes candidates not being able to
revisit a question that they have already viewed and moved
past and the randomisation of the sequence in which
questions are displayed to candidates Furthermore the
questions for the NLA T 2020 have been drafted in a
manner that requires interpretative answers which
minimises the utility of referring to the internet or other
sources for answers Since the examination is an online
examination all relevant data (including webcam recording
sound recording keystroke information data relevant for
facial detection window switches etcetera)necessary to
detect malpractices are stored and available with NLSIU
The said data will be critically reviewed and analysed prior
to completion of the admissions process Therefore even if
any malpractice has occurred the same will not and
cannot result in a student gaining admission to NLSIU
through unfair means The Proctoring Protocol established
by NLSIU to effectively detect candidate malpractice is
annexed herewith as ANNEXURE-R-117 (Page NO
64 Pursuant to the aforesaid efforts made by NLSIU to ensure
admissions to its programmes and avoid a Zero Year and
pursuant to the Orders of this Honble Court permitting NLSIU on
11092020 to conduct NLA T 2020 a total of 23225 UG
candidates and 2846 PG candidates appeared for the
examination on 120920200f this number a total of 122 PWD
candidates appeared for NLAT 2020 True Copy of the press
release issued by NLSIU on 12092020 depicting the said facts is
annexed herewith as ANNEXURE-R-118 (Page NOD4-)
65 In order to address any concerns that may arise amongst
candidates who have taken the exam NLSIU has also
established a three-stage comprehensive redressal mechanism
comprised of
i Technical Review Committee This Committee is
constituted to consider queries raised by candidates
regarding any technical difficulties in the NLAT 2020which
could be raised online within the web portal itself The
Technical Review Committee consists of Dr Sony
Pellissery Dr Kaushik Babu and Ms Apoorva Gupta
j Objections Committee This Committee is set up to
consider objections submitted by candidates in response to
the Answer Key for NLAT 2020 The Universitys
Objections Committee comprises Prof (Dr) Sarasu Esther
Thomas Prof (Dr) Mrinal Satish Prof (Dr) Arul Mani and
Assistant Prof (Dr) Bipin Sony The Objections Committee
will release the Final Answer Key on 14th September 2020
k Grievance Committee This Committee is constituted to
address any grievance raised by candidates who appeared
for NLAT 2020 following the announcement of results It
comprises Honble Justice Nag Mohan Oas Prof Babu
Mathew and Prof (Dr) Sarasu Esther Thomas
66 A small number of candidates made submissions to the Technical
Review Committee that they had faced technical difficulties during
the exam In order to eliminate any apprehensions of these
candidates that technical issues would affect their outcome
NLSIU has offered them an additional slot on 14092020 to take
the examination subject to stringent conditions to ensure integrity
of the examination All measures to avoid malpractice are
implemented in respect of this additional slot as well
67 The fate of these students is now entirely dependent on the
admissions processes being completed as per the aforesaid
schedule and commencement of the academic year on
18092020 Unless the same is done NLSIU will be constrained
to declare a Zero Year Consequently not only will 120 students
lose the opportunity to join their studies at NLSIU (or at the very
least lose one year in order to apply again next year) but the
same will also impact admissions in all other NLUs since - as the
first preference law school for most - the Zero Year at NLSIU will
have a cascading effect on all admissions to all NLUs
68 Hence there is no legal or equitable bar to conducting the NLAT
2020
69 It is submitted in this context that NLSIUs inability to complete
admissions will irretrievably damage the University and result in
significant impact on not only its finances but also the public
perception of the university Moreover the same will have a
cascading effect on the effectiveness of NLSIUs academic
programme and result in loss of an entire batch of graduating
lawyers in five years time All of these adverse consequences
will impact NLSIUs standing in the legal education sector
70 Hence it would be in the interests of justice and equity that
NLSIU be permitted to release the examination results of NLAT
2020 and complete its admissions so as to commence the
academic programme in a timely manner and as per its revised
academic calendar
It is therefore submitted that the present Writ Petition may be
dismissed with exemplary costs
I
DEfi~tifiNtTi~ VERIFICATION
p~) 8atl N-lti 20t 14301 Verified at Bengaluru on this 14- th day of September 202~th~fthe
contents of above counter affidavit are true and correct to my knowledge
and belief based on records maintained by Respondent No1 in the usual
course and nothing material has been concealed therein
Icti )n Tacn 6 AN-e)(~~ ampcent
Th Council noted the QrcDos~l to hmiddotve thE Fmiddotc-jernic ltct ivi ties frorrshy th comincly~r
1 Heiular coursplusmns it ttc undergr~dll2~tc n( post qrdu~te lC-vels l~dinc to decrrccdiplom2
followinq Ph0 )~clt-nif_rh-~-ti~-~s
b- i rc the an~~ vlhr11 (-
~1 tTl- shy
2 ~ fz-fr0-lhr C011rs-s
)~~ c s clt) rtC 1 -fJd lt0
~ p~~middotsmiddotmiddotr(J lcejccts on diilt~~-cnt it~JCS ~)y C)trncit3J instituLiorL~ (He Jtshy -----qf)C--l s
1 Duhlic2tian Df 10q~1 tExt c~s ]2 i13 ~ L~) _(~ETlal
b()o~s 2nd m~t~ri8J3 jshy
C
1( y(t teshy be tltmiddotlul1 ((1 by tt1~
bz-~ ~Ub1i-dt-t--ct 1 t tLc r)-iC~tivc
(1 s Coune 11
h 1-~ Et rroicsosl of the c(c~dfmj c Counci 1 to 3-21vt the --Ict~)r cf tLc stud~nts dor thrcuclh 2n 11 i adndssi-J t ~t -0-1 if~t rimiddot-t -5 argt~coVid~ Ill to ~dmi--si~n T ft lt~~ t~middot s-J fctiun my t d-cidcmiddotd by t1)c 7c~thrric C8UTci -gt - i -~ltiltc by th~middot Igtir cto[ ~ Hgtw0V(r~( th ExecutivL CcrtJncil
~ j -rgtJ~--il th- nc~)Dnlrdftlon of th c-c3~~m CcunciJ to p Qneuro ~Y ~~co~~ clss tr3in f~r2 to the 5tcdents call~d for the i n ~~ tv i i ~
l~cti~l hdll be th~1 (~cC is j n Cunci]
takn (s p~c
tbr SXG (u t i v~middot
ttlC cxpcrts ob j ect i JC
thmiddot- CCCfU st l-cfessor i3axi
(cr tJ~=- tTFltty of filisino tJ1(~ 1i_st W$ l~~ft to thc rc-r~--it lt ---~()un~il -gtn~ tr2lt ~j r-ctcr~ rb SouDcil not0d tb~--- f03-mt of 1lrpissicp gt1 pcovidoc t~B~H~~~istre And Cf) Dvrivlt~di of E~~- s tinl-t) lJnivccsity middot13 trc in~t~nCl of Professor L- 8lt=1)()
(J)
p~-nncnt 8cmiddot~ordinqJ y (f ~~ 2 f ano ~ 1 ~--t ~ ~_
F)utr0riS2d t(0 DIJTctoy to gtJrit( ~--~n~irjJ tb~-
or cr-j r cGrtrjb~tt on 0r cxpcnslts invGI vLd in ocqgtnisinq c~h t0St tnd intevicTl
nmiddot tc)u11cil porovmiddotd d t middotlllotmDt of 0D ~n~ount not )(_lt0inc rl~ 1~O)CltgtOO Ih Council tllI~U-_~ d~-ci t~t th~~
2~11i[~lon to th~ Is y~r LLS C2S~ b2 limited to 80 slu~~nts - n 4J[ Ll ~~7 ~J~~r thmiddot (-r3Fis~ion b ] imid tc l(i stud1tSb The -p- 1ic3tj()r f~( for ~drission test ~nd intrvi---d r0Y b~ fixed -1 12-~OO for LL~ ~~I thoc-n it Ty bE- CJhlCSC La fs SO- ir t1~middot c~s~ ~f sc~~ C~n~i~~t~s~
It middotr- -~ r_-j Limiddotj middott b i r~q rS iqc~t i~l jni 1 s i tyf the lt )O~ v11J --v~ c__ ~rrnc ~ ccc~r---oqti(jn f)r th~ cut st~li()n Bt(1(J1~
~ 1 c_ a [0- Adrnissiona The Executive Council wAntc~ tn2 ist~r
tmiddotmiddot c-)n Lor tyenit~ tYk (Jv-~nrrnt 5 (11 cS th~ oth~r ~hlcmiddot~ti()n21
In3tit~ut]~)j)S in tl-k City itcludino thmiddot Universit1 laquobout tts ivlil ~bility otmiddot tl hos~(] gtcccTirDodtlon for th~ - [cw Schrol students ( 6( i-1D1 2n ~tllmiddotlp ) hrJ~rQpri~dE propos2- in is r~q--gtld ITfIyor
b put Ul di t1i tr-middot ] of t~-~ lCrld-~lic Council in the next rnz-~~~tinG T)- ~chc)CJl CBTl _~ls() cODsicfr tIl tt=rn of Ii pqrcv~-d h-usinq eS 2xisting in Sngli linivrsiti~s till sue] tirJ th c~cl)()l c-~n sst --rp ios O1r1 hostels
ubI ICilt ion
~l~~ ~~z-cutiv_ Courcil appr0ci-3ts-c the 2sturc of th~ 30r C0uncil of 1rri1 TrusL- to 9ubJish th2 prE~-lCiv bO)KS under the joint Fu$~)ic~~s of th~ =crvol qrO tbe lrust It v2nted the Irust t) cOYsicic- 1-h7 fCC~13ibilily of publishing I~DI IllR REVLSl also jointly witmiddot~ th~ L2W Sc~~al
E1f-rts 2)-~ bCin-l rrd(- t) SCCllC_
priv~t buil-linqs fi l~t)_ f~r
bing use as h~st Is A s2p~ratE nt8 has teen this b2fn~2 th2 bx~cutive Craquouncil
icti)n ltJi11 b( taken cfte th Fecultl middot3SSlUnes chlttrgc~
~
HHIONA1 11 SCEOOL OF INDIA AMJ(URpound ~21BfJWALORE
MLlutes of the Moeting of the AOpoundlcenio Councjl of the N ional 1(lI[ School of India held at tho office of the Bar Counoil of Ina New Delhi on 12th Doccnoor 1987 at 10-00 Mil
Tho folloWL-1g nenbero were pres SJnt --
1 Shri VC iVIishra 2 Dr S K Bhatnag~ 3 Dr NR Madhvt Monon
Dr K PonnUSWQl1Y1 Deln Faculty of Lnw Delhi 1Jnivors ity
ltt eo the CGGt ing1S S pee Invitee
Dr H R )~8i1hlt)va Menon presideo over tbo iYg
Dr Menon welCOfled the DeDbers of the newly c A l1stituted
Ac e71ic Council aYlO acqunint13d then with tne a~cisiorls Jf
tLe carlier neGtings of the Acadenic Council prior to tbe
estclblisroent of tl1e Sohool under the Act After cotliled
d1souslJions on th baeis cmiddotf the Agenda notes ciroulted e8rliel
the following decisions were t1ldeshy
1 COurses of Stuoy ~~ ~ -shy ~~-------shy
1ts ionnl
COUlSOS of Study lellc1ing tl the following degrcesshy
(lJ) 1m integrnted 5-ycar LLB (Hons) L11 viev of fC1 t118t q gret dell of Soc111 Snce knowlerge vrill be inrrtcd curing tbe 5-yrhr c)trrI3C 1118 Acad eni c CDUYl oil rcc~-)nentied tl1 -ct ~ conpos)(d~-shydegree of BA (me LLB H0ns be cQrferr(l t) the students joiniLg the Nqtimll Lw Solle)l of Inilin
(b) An LLM oogrGe which shall 0xt0tc1 -( )~)C yerr (3- lrincstns)
(c) Ln M Phil (1grae of Que yecr (3~dn0sters) durfti--n c~nstitllting of t8ohing ~nd resc8rcll
(a) 1m LLD progr12ne b(]sed n writtlt5n tlesls fterrJ Phil
Bes os the above cGgroG courseo tho AcCdedc Oouncil
reco---ampnds thmiddott 11 series )f CcntiYLuing Eauc~~i n POt1lS(S Cln
sl)rt aurticl be offerGi by the Nti0n1 Lw Scbmiddot]ofIneia
to levr tGcac~8rs ju(~iot1 Dffioers t aoninistr f)X3 Pltr~
contd 2
2
II BA LLB (Hems) Progr(lme-- -~- -shy
rhe j~cBdcGic COUTIcil rocsrinonos th~t TIl t
ysr only 50 students bo 1(lTdtted t~ the LL3
Irhey r1ny be 8818 ctea ~
purely cn cerit on the b2sis ~f n ~( 8f~ i0n test cncucted at fQur difforent TO (1uring My- 1988 Tho nininlJr eligibility liDS iJn t) S be fbcd t 50 Trks lL 10 + 2 Sc1~oDl 8X2nintiC I tho Pre-University Progrrne progrlrro be trol1ted cs equivlent t 10 + 2 S ooo oxampt Those students Whfi 1rcd f8r the quelify ing exmin 1t Len in 1982 bo leo lloweo to t ke the MirisGim 01 Cl provision~l b~siB ~d they n~v be 018 ii while preprL1 g the rmiddotjerit List provmiddot1Ced middot~V8 psseC t~ie Sqid eX811in~ti8n with 50u t11rkS 6 llC1ts8icn Test be h~seil on en objeotivo typo fluesmiddotlims 1116
fthe tost n~v be fox Hurtirrn of 0 ~~Xmiddot thrn 2 hours middotr11G test crln tnclu~() [ini rw~ bel of qUGstiCTls 7~middotlicb rO(lutres viritten 2J1GlJDrE t J(lniss i)ll t8 the L~~Vl SchoCl bb bnsc(l ~n1y on t~) b +li) ~)f tl-c yritton Aanissian Test
15 of the sets be roserVGc1 pound1 1 (0 ~1 ClfJtcs 1nd 7i- Schedulefl Tribes eVC1 for tl16 reserved Seqt8~ tLe reU1LUd i1nrks ot thc qll)lifying exmination ~Gd upor
er to be eligible for t1-u c2naid-te lilvC sccured 50 DtrkS 3 i11 tes t
tlpplic-blc ven f0r rODDYV 3 s ~ -ts ~
T~~e JC1nis3ion Test 1~Y be 11811 I6gj 8TIf1
8118 it is rec)~rQcc16C b- lccld
I nr nn~ TIn AP n ~ ~t Bng8 t lJYL~J r JL ~)
~ m I n er t 0 olt-nlse AlmiddotZllS810n icsmiddotun pror)-lo tl~e qUGsti8n pSpors frtrlurto tho Gr~~~G ren(1 f inJ1ise
sien List an i~dnission C 0 C)US1OGshyr the Director 0n trec tS8Cgt 1f tlt L_w be C0Dstitutcc by t-~G ecmiddott~)r
ccn1 td __ ~ 3
It is proposed thlt the last dte for reoeipt of lpplic8tions be fixed for 2nd My 1988 1-8 Ldnission Test noy be orgcmised on 29th May 1988 ndtho Selection List Jllnounced by 15th June 1988 Phe dDissim Day be 0)[1p1eted by 25th June [ltnO the cllsses be oODnenoed fron 1st July 1988
A suitable snount IJjly be fixed for the ppliotion forn 2nd the Adnis sion Test Fee
(b) AOlldenic Terns
Ecb Acadenio year be divided into 3 1Ogt1(Iio terns e 2Cb with a uininun of 70 working days -fis 8cadenic tern be called a Triuester Thus the 5-y8fr BA LLB (Hons) Pr ogrmne will hve 15 TrilGsters It is suggested thAt the J~caoenic year nay bgin frclTl 1st July and the caderlic ter12S uay aoopt tho folloWLl1r Patternshy
i) FIRST TRIMESTER - July 1st to Septemiddotbor 30 ii) SECOND TRIMESTER --- October 15 to JAllury15
iii) THIRD TRIMESTER _Jnuary 30 to April 30 (c) Oourses and their distribution
Eaoh Trinester nay carry not nore thM 4 courses with a totp~ of 12 credits distributed Ro00tdine to the inpOrtance and coverlge of the courses Jhe subjects courses fer study for the 15 Trinesters be 2S follows
~_~T TRIME3J1ER (FIRST YEAR)
11 Leg~l Professicn in Indian Society 3 or 12 Legal Method and M~terialS 2 cr 13 Law 8l1d Politicl Orgqnization 3 cr 14 LaW and MJrket Econoy 4 cr
SECOND TRIMESTER ---~----~--~-~ 25 Law in Historicl1 Developnent 3 cr 26 Responsibility for Injurious Conduct 3 cr 27 Lqw end Socil Orgemizotion 3 cr 28 Law c~d Agricultural Deve10pnent 3 cr
THIRD THIMESTER ---~---~--
31 L2W 8nd Intcrl2tion1 Relations 3 or 32 Law ~inorities mil Vc8ker scctiolS of
Society 3 cr 33 Civil amp Crininal Procedure-I (Oourt Systen) 4 cr 34 Eldctive Clinical ProgramplJJe 2 cr
C~)l ~d 4
--bullbull
4
9P~1 )2E1llEsect lER ( (13~f~~X~lE__ ~~l~~E~)_ 4 1 Hunn Rights Soci31 Jus-nice nno LSVi 4amp 2 Low 2nd S oci_~ Oontrol - CriLle and
PUllisl1DDnt 43 Civil41d Crininal ProceDure II 44Elective Clinicl Prog1flne
rUTH THIMw~ER----shy --~-- ~--~
51 Cririnal Lw~ Clini1Dlogy amp SDcb DLmse 52 LV nri 1~_ 1lJLy TI81st i0nJ3 1 53 Lqw Plnn jng 8 Ec~rnDnic DevelJcent 54 Contractu1 Rel(]tiirs an(1 RoneHes
(Spec ifjc Reliefs)
SIXTH rR IMES TER -~-----
6 1 N~n--Cririnq_l InjuriDus C~-nnuct ~ni of Torts
62 L8W (lud PYlily Reltims II 63 Law rmd Il1lustril Dcvelopnent 64 IUective Clinic Progr~nne
SEVENTN lE Ir1ES lER -~ ----~- -lt~~ -~-~--
71 L-w nnn Urb~1i1 Devel-prtEHrt 72 Politic Proc()ss il1il Cm$titutiDn~l
Devclopnent 73 Cns tit ut ionCll L_I 74 ~id8nco LAW
EICin TIi IRSScIER-~- ~----~ pl C0 np-YlY Lgw nnc1 Lrw 0f CO-ClpGrDtivos 8~2 PO0Tty LlW 83 Constituti~)nl 18W amp Litig1tiorl 84 Elective Clinic~l Pr~grgtire
r I~tTLtR]l~~ER 91 LwJ c)f Ins ur n es 92 TAx0tjDll L1w ~nd Public fiJ1rrnC C 93 In -1 Grn ~~t j n1 oer 80 e Law 94 Elective Clinic~l ProgrBLr1B
TENTH TRDillSrER (FourtL yer betdnilL ------~ - ----gt-- -~ 101 Leg~l Theory 102 Lmiddotbour LtJw 103 Mrinistr~tive Lw 104 ElectiVEl Olinicgt 1 Progrlrll1e
4 cr
3 eT ~ 3 eI 2 1
3 er 3 cr 3 cr
3 cr
3 cr
3 er gt1 cr 2 or
3 cr
CT 4 cr 3middot ex If
0 ~~
3 cr 1 Cr
c ) cr
3 cr Ac cr ~ cr 2
cr
4 cr 3 CT
cr 2 cr~
CUEto ~5
5 cr11~1 h -z cr~11~ Int~llectumiddotl
J13 lril1nl-I )1 Int rr ~ t t i1
4 CT 2 cr
l2 1 In t BI i l~ 3 cc
3 cr 12 ~3 L[JVI -nd Public C 3 cr 12( Electiyes 2 cr
13 1 Ct)r-JP1TQtivo LnN 2 eX 132 Itltlw PQverty rtlG S )c if~l Ch~ngc 3 cr~ 13 3 Lrm0 R0fcrn Liws nn0 liurnl DVG l~Yp iJrli 4 cr 134 Sctdnlir-Eloetives (to be lnnDUl1C()[1) 3 cr
~fJj1t~~~]~~ li l Public Intlt~rntrtiL~nnl Itlw-Int2TxL1L jA J
OrGn or~
112 ctiVi (jlurse 3 cr bull bull3 i1tjtiltn -f (lus ~iCi3-jt~te amp UyltLon 3 cr
l~~ ))rin -CiVeG (to he r1poundJrtiunc j 3 cr
cr bull 15~2 ~))cil bGUTity ~1rj t1~c Lq7JD cr 15~3 1rlrinstrdt)l~ II Jurrcice C ~Lre -]
til) I1IX Ili r1l ~i0 3 cr ~154 ~orlin~3 - c)iv(1S (t~) h( 11 3 cr
( middotb)V~ Bistx ibutin1 subjectB 18 t ~ii ~ middot~jYD +
Dllril1B tIl ~~r c-f cursc =-) dujc-cr be rG~rn RubstitOt0d ~r rCViL~ 1 ~lmiddot(i--middotr tD c~plctGly profJ8si~rt11 rvo i-l1 ~ Tl~l
LGndIt 10Vi utoD pnJ3S QU ~ iC)1
I 6
rhe DsdiuD 0f instruction 8l1d exaniY13tion in the lrl8h81 Law SchoDl sll111 be English ctlecst unt i1 C nctjonl lmglryeis ad opted for Rdiinistration of justice in t Scrprcne Collrt
(e) Ellpound~~tljty fDr cL~sectE~G fJ10 0x8r1tnatiDl1 sydoI1
In order tl be eligible for the dcnpostiiicc[CCC of RI LL8 (Hons) C~ch student win h~ve to t~kC C(lllXses fsX lt1 grrmd tot ~1 of 180 erea its in ) ye etXa bull
The norn)l p~ttGrn cd GX1ninntion will be ~ 1xittJTl test t the end of onc11 Trinester However in middot)middotmiddotl)ollri)le cases Intern(~di8Ge exnrJlltltion nne continuii1~ eV11utiCTl cy be ptilS cribed in different CSllrses
The exaninntion process will be entirely int Inl to bo dono by the totchors giving tho CGurSGs If sttvlcntc_
is dis-s1tisfied with the grfl(10 warded tw l bo ~11ow0fi to withdraw it in writing within 10 dWS thC11uounce-shyDG1Yt of the rosult He c~m inproVG it in t~c noxt cxninl~ tiorl ccorcing to tho rules prescriber] thcnt))
There shnll not be ~v eX8nin[til foe colloctomiddot- fr0- the stuc10xrts DClr there will be nn exaTiinaticm rcbuJJcrItirm given to the telchors
111oro shall bo an Exninutin C8Ul1ttee C0UEtjI1td by the Dircctlr for Bch ye~r with not loss th-n f t~r1ors of the NL3 by rot1tion Every tC 0 chol wj n JvLk tmiddot thG EXfninrjti~n COllJ1ittGO rt the bC[innil1g )1 Gcgt tr 1 nesteX tho Dutlme of the course ho is t0901-inr Tl1if1middot() plrm 110 j8
9~uimiddot ~1~ ev~I~t nn smiddot~avmiddot tJ c oLlrn
outline as well 18 thli 8vlurti)n scteDc will JI) )110 Rv8t18ble t) tl1C students st the bcgLl1nlng ~f t Prif1GstoT itsulf Cor1plnints regllIdingthe eV(ll11n-Gion [111 he sont ~() the EXfC11mntion CO[]littoG wllich will n~ko JuH~l() rliCClr1iJOnBtions on it withjn 1 fntnjght to t~) J)jrcctJr whose d(~cis ion there)n shql1 be finJl~ The )iX(ctD1 lOW()VOl-
wtl1 roport to the AC1dcrJjc Council Meottnc rcorrJ qf flU(h conp1nintg qno tict icn -Clken t~GreDn
~~ t 4n a Lvfl~r -1 U(ltVA-lJ Aiv uu OJ v p~rf~rr1 bull 1 Jl ~ middot1 I t ~ti
The evall1at bn systcn in tho N1S senll bet nm(h gTrc10S
in a Seven-point scole which will be IS f0110W~~-~
bull bullbull bull bullbull bull bullbull bull bull bull
(4~(ii
( iii) (iV~(v
(vi) (vii)
(f)
( )
7
outstanding (0) 70 und ~OVG A + bull bullbull bull bullbull 65 to 7 I A bull bullbull bull bullbull 60 to 65 B+ bull bullbull bullbullbull 55 to 60 B bull bullbull bull bullbull 50 to 55 C+ 40 to 50 c Below 4(~
~
In order to be declered successful in my course a student will h~ve to secure ~ny of the-ffr~t fiveshygrades Above given Those who re p1r-ced in C+ no C c1tegories will be accued to h1ve if-liled in eu oourses
Pronotion Rules
ProDotion iron 1st Tirlester to second Iriafster rome fra 2nd Trinester to third Trirlester will bG utotio irrespective of the rsults in the vnriou8 lxnoml1tion However pror1otions to the Fourth Tritlester 81111 be only to those who h~ve suooessfully aloorod rctlelst ten out of the 12 Cl)urses in the earlier three Trirlesters If a student has fdled in three or nore courses in the first three Trinesters tAken together he slnll be aaimed to have disqualified tQcontinue lS q stunent of the NIB In t1e case of those who cleared ten courltes out of the twelve they lJlY ltlpear in the renaining two oourses AS
Ex-students while continuing as ~ regu13r student in the seoond yeer
Sirilarly student DBY be autooatiolly proDoted frcrl the fourth to the 5th mn 5th to 6th doritlg tho second yenr His proDotion to the third year 1 e to tH 7th Trinester shlttll be only if hl sucoessfully olellrs a llinLlUn of 20 COlrses
The sane Patterns will be followed for pronotion fron the second year to the third year lnd fro tlirCi ye-r to the fourth year ffilO iron fourth yOll to the fifth year
N~ stUdent will be 1l11owed to avoid tlking ~nY eXlrdnashytlon on the conpletion of the courses excepting for reascnable cause for which prior perniss ion Dhou1d be secured fron the Dire~t or Further no S Gu(cmt will be eligible to take qn exanintion in 11 iltivcn course un1ess be has to th0 SAtisfaction of the teolnr cmcerned fulfilled the courSe reouirenents mrl hns sGcureo not less th pn 70 8ttend 9nce in the class in Sid CD tJrs e bull
cnntlt1 bullbullbull + 8
8
(g) TaOh 1~n~g Meh~il~ v ~s
The Nationnl Lqw Schecl VDS onplQyod vricrl tu~ch Dt3thods in ord er to pronoteIlLllt 1-4 iq oipltn~rT Cl1nll
~n1-nT qCt JDpreClalJ10n+ Jf 1ens0 B~s- ir~est lea1 prOD let~re~~ t1e ~cnool stall Grlplny SeninnLS tuitC)r ClmLCampL experlences Field work resealo1 (tTld Leg8lwriting Ill Ilppropri~te C~Urs0s cQopltlQt tve te~tctLY)g between teaohers 81 oliI erent S Db ~-C 8tS tr) be enployea to [11xinisG of the learning POt l-tj~_l tf) st udent
Clinic31 LeR_ql Eno(tt1011 r1~Rt f~rn ( Tl3ltgt rr- T~r 8pound p 8ssiual leglt1 eCuc9tin 8t t1G 1-~i2T ~l La SC1ClCl ACBdonic C~)uncil Te G nicnl O1 UC l shy
ti011 the first Cif the LLB 8 DL1e C0c credit nay given to fh2 t]J-tlng S un ts LYl clini courses
(h) Fee Structure
The tuittOXl fe8 fDr the LIB pTDgrrne co yelr nlY be iixeo Rs 1500- which ~oY be cCillsetccl tn 3 equ 21 inst Cllnents 8t the begilli1 ing riccstcr If foe is nct oepositBr1 within a week beg-inn elf the Trirl0Jster it l1qy collector 1qtemiddot fee RG 1- pcr (1 1] till tbe enfl ltIf 20 warkin c ~ys bull () Wgt8 ftleo to P~y iEHS vrjthin the prescri1o~ p2rio rl llte fco tffh)jr TI0T108 11f1Y be struck off f~~lt)~ t118 r~)118 They c nn be X-rv)nittc(1 on J)1ynlnt of rc- jSG ion ~ e Df Rs~ 100- an(l -l lt f1CtOTy r)pD1i ~)f ~TO$reSS ir~D H1Y teRche1 of tlte F~culty
t~J first tel p c SL1r ~~Tlcr Sl- jVLtiES
In 8rcler- to fttr~ct Deitorious stufients frD~1 te s ~ciJ-c~)nonic strJtl nf sc iety it is ~bs )lutlt)lr l1dC8SSry- for the NLS tn ioe AS ol-rships TIC sttpenos coS jJossible It ill bc to 1e 50 of the stu(Jents bS(y enjoy such S Every effort s])uld be e to seclJre S1JO~ OCOll~)Dic
L1dUC~rlents fJl prorlnting sctQ12Iship t tIle 18ss plivilegeo sections of SOci0ty
The 118 stuoents niW be provider Solmiddotn ip8 of the vlue of bull 500- q nonth 10 bull The S cho10lships rlry be lwcorfi ef m the bls report
~ 9
pound Sc~olr81ip CD~~I1ittee t be c~nstitutoz~ the DirGct81 with r~nbi3rs~ip tl1re~3 or )rt tmiddot -chers NIJ~ TttG SchclsrDhip Co~ittGe 11 pound2-8 i-ts cvn rules r-ne procedur0s wticl I11Y bG ~prJv~r1 y tl)8 Direct 01 ~he awnrd be given b~s ic11y on tcnderic ileIit)f c1Ylcliote H~vevert ec)noYic s-tus anc the s~lcil bickgrund of trL8 c~ndid3tes f~ ~-) be thore lnt cJns iCaTIt iens
Besides Sc)-lrsbips in deserving C1SeS eX(mpti0n fron Paycent of tllitinn fee lay Iso be grn-teooll tHl rsshycl~lt)end~tions of the Scilolrship OOle1ittee
(j) StlJdents nosidcmco
Tho ACCtcl r3r1ic Council strongly lccor1nenos t tle Jfutimiddotnnl Law SchODl be kapt purely ~s P J(8idcnti~ll University vvherein 11 the students bo r-uJrec t) s t y LD tle Hnlls 8pound- res io ellce provia r fpploven by the University Of course for suuconts bo1onging to Bmg-lori-i City the University nv ()xonption 1IOT res once in the University HDst cJ1siflcref1 ne8oSSAry Ii the lJ fJtionl Lnw School is unble to prov-ide it3 own hostel f8cilities it1~0dimiddott Jly it ~8y npprove such t-cc)fr801ti0n in th0 city ~A~iic s isfies tho reqllirenltmts 8pound thll resiltiontiql ckrc~or of tle University for purposes of stuDcnts 1 reBi(~ence~
~h~l1gh tr~c ClCC0Cl00ation nayhavo to be subsidised by the Universitv tho bJQrrlLvu ChQrg0s will -V( t~ bo cntirely D-GC by tho stuDentmiddot- ~Jihe bQa~ing c1nrccs DY incluo8 the sal(l~y of ossentbl stgtff Dainilined in thG Hostol by tl UniverJity+
(k) IXOlmU Clf stu r1ents md te~chers ~-~------- -------shyTho ]ITti~nl Law 8011001 ny initirte steps to nrrmge for 2xchnnge stuc-ents liId tS p c1exs witll other reputed Lltfl Schools within I n (l i3 ftnd outs ice FClr purpDse if stu0Gnts ~re inviued t8 ~nother L~m Scl001 0n~ un(lort ~ko courses )cQ()rding tJ their regQl~Girns they nay be given due credit witr tho ourriculllJ1 prescribec nt the [rIB
l18sters vrt th three courses in olt~c TrtDesterbull
nay be selc cted by the ~dniss i011 CHl1it-tee
10
on t1t bosis Df their PDSt QC80enic ltJc8rd pnrticllrly
~t the LLB level The Adoissicn CGr--ritteo C8Y J~S0S8 their
l1ptituce for higher studies -nr r~se~rch in l~uf en1 tl-Je
suitQble reoolrJenc ions for their ~cT1ission C(1~ljssi0n
Gay bo done thr8ugr~ nmiddotn int crvievi bes ides ~BS08G~nt )n
d8cuttentary Dtteri8ls
subject ELrODS of crtst utimiddotnrl lZV1 crif1i-nl J~w irct-)rnltti)n~L
11l 8110 corDerci(11 Inw The tctu-11 subjocts rgtf tl~o CQLl1~3e
in ~ny of these subject ~rE38 DfY 0 decioc r1 nt ~c giCl1jTIe 0301 lGnT ty the Fcculty CiDCGrner1
The conpulsary c)urS8S f0r LLM shll ~S fo 11oyts
TC)oing Llothoos ond Curriculqr 0(veloprcnt
In0i8ll LeGal JhilQSDphy (n~ Conter~110r)TT J ~Jheory
(iii) Constilutinn Writ
(v)
Tile zistributi0Tl of the 12 cDUrSGS i1 TOG
TrJi03tcrs fer bullbullbull 1 fly be
rs fl1owsshy
11 Ee ~cl1ing IllethQ0s and Curiculur~ Dove l~l)middotont 4 cr 1 iI 2 In~ itn Leel ~Plilos ophy ~J1fi C~ntcnJor
I CY[hcory 13 Course OD subject sr09 - optian 4 cr
SECOl~D THIMESTER--------------_-~-~shy4 era21 Ecsecrch TlIetr6~ology ltmil Leg11 writing
22 Constitutionl Lw We HlUlDl Rights Jurispru(1 ence cr
2) Course nn subject oreq - option cr
THIRD TEIIV[ESTEn ~----------- t cr ~Lnw Society emf DevGlopncmt~
4 eX 1shySeT innr Y select tOPlC - opv1on Ii crCDurse on r~ SUbjlt3ct (1971 - optiQn
51 i 11 shy
The eXElDjnat ion p ttnn for LLM will 1leo be the
S8L1G nB suggest for LLB H)wever besides ilt8rnnl
eXlDi1()r for every COl1rse in LLM there sholl be TXl external
8x~lCliner as we il bull The questions however shell be s only
by the intermll eXEnL1er If the difference in vlurtiim
between the i1t ernat exariner auf the external Cx~in()r in fl given COUXS3 is less thtil 207~ then it vi11 be 000tl00 th8t the
aaes assignod by the intornnl exaniner shall bJ iTJ gra0e
tD be assignee to thD candioRte However if t rG is D oiffercnce
nore th2~ 20 between the intrnal md exti3rucJ ll1 given
c)urso it 8rlt-11 be referred to a third exrn1inc~r outsiclo tre
National Law School whose evlultim shl11 be Il~e score to be
assigned to the candidate on thHt subject
Tuition fee for tho LLM progrlrlrJc be fixo(l 01 TIs 1500shy
for tho full course at the b oginn ing elf Cqch Trinestor
nr M Phil Progra3o--------shy
rho M Phil progrrU18 is to bo for one you c)xiending
to 3 rrinGsters It ShBll be exclusively cons istlt)d of research
8110 tolching Every stunent Ilonitted tel the M Phil rrofr~rle
stHII have LLM clegree and will fulfill the te1cing rnc
r8SCQrcJl reguirODonts prosoribed by the FFculty tIle HIS
In order to be eligible for M Phil degree besiaes
c)nrlCt ing the teSlching 4nd research req uirenentJ during the
yoar eV8JI cnndidst0 Dust sUJnit the rlBsert~tion gt11 - t~)pic
~Dpr0ved by tle f8cu1tY Ihe desert~tion Sh~11 be 8tC]ine(1
by two extern8l CXfniYlers suggosted by the foculty n( nppr0ved
by the jcdenic Council The degroe shall be confarod to
such of those cllldidtlt3s who roceivo varible rerts on the
desert ot ion fron beth the eXAniners If there is c ifferenoe
of opinion oo1Clngst then it sb011 be referred to D 31d eX8iner
Ind thG oecisicm of the [Jajority 8h[11 be finnI
con-cl 12
12
For the 1 Phil prcgrne nJ tuitbn bo csllected
HClwever a SU of TIs 1000- be csllectof yvcry ftllint
DJlnittecl t~ the ]1 bull Pbil progrlne townr18 lJc1 ion nd ftilitios
thl School
v
in vvhich it CJY c8nfer )n LL(gtD (jegroc~ lhe 11) 1)
0xc1us ively on ttJ b(lsis of C written thee t J
whJ hel9 M Phil degree fron the National L8W Sccol
Every C8l1dieJatG registGrine f)1 the 1L]) PozrrIJ18 be
required to be Ll residence at the Nstioncl L2W Sc1icJOl fJr
qtlesst ono (lOaOoOic year durLlg vihicb they SIh 1 cng in
S l)ch tCaching nne reseerch t)S SSS ignc(l to tbG1J 11 J DirectDr
If tho Un i versi ty
five
iiifferJnt nrtogorics 8pound t02chcJS~
(c) cift[S )rs
(bi l)ss~ci-to Jrlf~sscrs
(c) Jissist-nt Ij~0fcsZLrs
(f) l(J junct Profess Irs
(0) Ron
All the qbove professors ssocilte pTC)Csorp nt1
Assistsnt prOiOS30rS sh11 be r8gu1lX teocDaXs nf 11 ficl001
oC1wing the revised scnles of py pT)scribCHl by t1 ~Jnjvcrsity
Grnts COiJr~jssiol1 Tho sC11c prascribef by the UC bull -Yl(1
lt1Plroveil by the clenic Cc)IJl1cil fC)r the v1riupound m it ions
810 tS jvon bolow~-
p~ y structurc (f dj~ffcrent ote~gnr ics Df t()ichG)~8 Nt Law S chol of In1l ~ fin ~VijrS ity
13
1 Prcfessors Rs 4500~150~5700-20077300 2 Associate Professors Rs 3700-125-4700-16Q-5300 3 ABott Professors Rs 2200-75-2800-400-4000
4 AssttProfessor(SrSoale)Rs 3000-100-3500-125-5000 5 Adjunct Professor Rs 1000 PM (conso lir~ted)
6 Hony Professor TADA for visits 8ocOr~tng to rules
Besides pay te1chcrs will be entitled to Dqrness allowmlce as prescribefl fron tine to tiw by the Cmtral Governnent me onnroven by the ~xecutive Council Further they arc entitled to Contributory Provi(lent Fund and Gr0tuity blnefits 9Jl 0(c1red noer tho rules If they lrC not proviied with nocol1Liodqtinn teqchers will orqw Hnuse Rent qllownoe 213 preScribe by the Central Govern1ent for E class Cities If acco=odation is proviCled by the School 10 of sillary will be deducted towBroS house rent
Out of the above scales the Selectinn COLl2ittee will hayti the freei 00 to reconnend enh8l1ced salary tn tlose cons idered
olrtstrmdingwho nrc selected for Ilppointnsnt to (t TIB
In the initi-l stages it is rscrnnendod lt (11
apPoixltlJents of tecchers in the ~IB includingthe reulr
teachers be on 0 cAntrBct bQsis for a period extendL~g upto
3 yeajls The iccdenic Council has npproved the tsr-s of
oJ1trwt cont incd in the nodel clntrct enclosed ith these
nL1utes as Appendix
To begin with the Acaocric Council )greos wimiddotth the
earlier deoisions to have five professors five oSfjocinte
Professo2s lnd three Assistcnt professors to be BPIointed
forthwith However these pOSitions n~y he filIon only if
des erving 0 1nd idates are IlVliLlble for appointent
The io(deric Council h8S noted thgt (l(1vJXltt e~ents
for filling these posts have alranoy been given n(1 18rge
nunber of applications fllWe teen received in r(lSpo1S8 to the
ltcvertiserlent In this connectim the Acafle-1ic Cnunoi1
strnngly reooL1Lends thqt so f1r s the pOSitions of profess oxshy
s1 c(gtnccrne0 the Sollct iCon COT1Jittee 1PtY be rC0UGstcc
t) cons ider ouinont lqw teaohers in the OClunt ryr
hlv cpplied in responstl to the qtvertisonent 1nC rocoDime
Hl cl~ perD(gtnS WhOI the NIS Gqy L1vite suitltJole trns this
c)ntd 14
14 54shy
is necessqry in oreer tc enable the NIS to hcrye c CClre
fsculty of eninent aOndeDics to develop the ~c~~vit of
tne school during its infPLCY
111 teachers c11e(1 for interview ncW be pei(l one-
way 1st Clss train fnro fron their p1ltJce of rosiccl1CO to the pleo 0f inter-view It is s ugf~csteij tht if nccGssry the
interview nay be helo at BmgclClre ino Delhi
nininise expond iture enCl will be he Ipful t the c middotmiddotncl ia middotto
~re teachers in v8rious Universities
All regulnr teachers appainte(l L1 the
provided living icco=odticn by the School n cess ry the School Dy t~ke flats on lease fnd provife it t) tbe
teachers fron whon the rent aocording to the Rules by be cOllected
of persons ny Is 0 be incluiled in fncvIty
(8) Adjunot professors
In view the need for teflcl1ing Soc Sci(mce
subjects in the intogrlted Iw cllrriculun it is noces11ry
to hrvG Social Science te3chrs 8ss0ci8teo pitll middot~~O iculty)
Sinoe it ny not be neoeSS1ry t l1lve then 8S
atleast in the ~innLllf the JuJ10elic Oouncil rCCmiddotmiddotGnts crefltj CD
nf four P01t tine Itc1junct prQfCSSClrs in the BubjioC ec~nJlicsy
Sociology Hjstory nn English They nay be flPP[)ill ( fT(r
servine or ret ired teachers of City c~llegBs in 13 1010
They coy provided 8 nonthly honorariu[I cf lis 1000- ~nO
tbeir ClPpoL1ttlGnt be for one yesr renevcble t of the Director A 10CBl Selectim OOlJnittee
by the Director in orOOl t C loleet the Ad junot T-f mS0rs bull
oontfl
55
It is neceSSary for the NIB to Bssochte Sr nc1vooates
md eninent jurists in the teaohing md researoh progx2cDcs
sf the school The Acadenic COllncil tberaiore ncolmends
that a Panel of distinguished lawyers and jurists be invited
to join school as Hon~ professors They nay be invited
for a tern of 3 yeArs dur which they shall sJond stleast
one Llonth d lrring the year in tead1ing pJ)d rcserrclt the
School When they visit the School for teaching nd resenrch
the Hon professors DlY be given the neoessary hospitlity
ana wherover ne cess xy TL 1ccoriiingly
The icadenic Council hls ~greea to t~lo sUB~oJtion of
the Director of inviting the following sigh pltlsms S Han
prOfBSS ors
(1) Shri KK Venugopal
(2) Dr LM Singhvi
un 3h1i Soli J SOXabjee
(4) 3hri Fali S N prin31
(5) Mr Justice PN Bh~gw~ti (6) Mr Justice VR Krishna lyer
(7) Mr RaJethr1alani
-lte) Mil-bull P~ ltJ-UYrftFl~
(c) Research Associates
Tho AcacsLlic Council feels thlt 8tleast fo e yegr
or two the flculty nay have to be given sonc rcs
support for preparation of telching notltsriaLs lud coordinating
the teaching progrnnns 101 this purpose the cric Council
reCJIlGenoS the appoictuent of two Research LS80qi GS who aremiddot
quolified with an LLM degree They nay be seleol 1)y the
Directox and nay be paid a cmso1idlteo sun of Rs 1200shyper nonth for one year
(0) Panel of Experts
The Aoadecic Council recolJr1ends the following 15
nanos to be included in the PAllel af experts I)r b8
contmiddot~l bullbullbull 16
16
invited to the Selectim Connittee for Faculty p0sitiol1S in the NIB
Ponel of Experts f( the Selection 0011nitte08 to be cmstitutec fr Fou1ty seleotion in the Nntionol Lw School----__--__-------- shy1 Dr S K Agraweln Vice Cn1ncellor l~gra Univ)rsimiddot~y lgrn 2 Dr GS Shrna Ex-Deem FlCultyof Lw J~iPllr
3 t Dr (Mrs) licG Jacob Director InAiBn Law I1stitutc1 1r1Jlr2i
4 Dr 1arlt3 Divrom Ex-DeFm Faculty of Llw Chm(~ isrl1
5 Dr Sp Sharna Dean Fqcu1t)r of Lw KCluh-s)otr University
6 Dr S P SRthe PrincipAl ILS LRtV Cjl10go~ une
7 Dr KB Rohtgi Professor of Law Delhi Univcrity
reGen Uni
9 Prof GV Ajjappa Derm F1culty of Llw Krnt-kf University Dharwar
10 Dr Upendra Baxi Professor of LOlW De1hi Unjv0rsi-y
11 Dr SN Shukla Ex-Den FClllty of 111 Lll211obnc 1Jnlversity
12 Dr RK ~i[ishr3 DerI11 F8Clllty of Low Bmcr-e ~jn(11J Universi ty
13 Dr Misheh1l1-Hss~m F8culty of L Aligrh Nuslir University
14 Dr KD G~llr Dean F~culty-yY f( c Ij vfk Y h - 41
(1) Leg~l Services Clilic
services clinic in the NIB forthwith It is eas n~ t8 pive
the nocess~ry support to the clinic81 e(~ucpti)n progrr1rroeuros
of the SchooL A Fgt1Clllty Conittee tiny be cDnstiiutcil by tre
DirGctor for the purpClse which D develop the ll TOS
to be irstituted Bn9 the pBrticip1ti~n of stu(1miu 10 be
decidsd in then In order to orgnise the clinic the
first instrgtncea sun of Rs 10000- DlY be provjelt by the
NIB It is expecteil that the Clinic will lterm s uppcrted
by the St~te Legl Aid BOlrd 9Ud the Centrl LGg~l services
1luthorities
for the orglliz~tiCn nd fuuctL)rJing of the Lug
Clinics
17
(D) Continuing Educat ion Courses
In order to n~ke the best use of the rusources of the
NIB for the coonunitY3nd to nke its progrrulD0s 80eie11y-an~ proiess ionally useful it is suggested that t~10 IrIS nay
engaije in l series of continu ing ed uc it i-n progr~tJos for
different sSllcents of the profess ion including l~w t Gpc1wrs bull
Of course these progr[]ues r1Jy be f k1anced by t10 spcJllsoring
lgene] 1l10 NIB nay provide expertise of its fcuHy no
organizational ssistlnce
In this connection a beginning nay be 1rJ]e by offering
to the Karnatltka Governnent and to the KClrnatqlm liiEh Court
for the training of its officers in the Law And Jll(icictry colrtrlents
(n) Research 1l1d Publicfltions
In order to strengthGn the teqching progJnnes of the NT tmiddot bIt t 10 bull h 1S a so U iltJy necessary 0 uave on gllne rese[ro
projects 011 various aspects of law in develpncnt rhe School
nay seek funds fron Agencies within anCi outside t~c governnent for sllPllort of its research activities
In this connection tho Lcadenic Oouncil welcQnes the oecision to publish books on Econonics Sociolo[y
History Politic~l Science end English for law stu0nts by
the NIB It is desirlble to get thase nat)lials sllit~bly
edited by the Sr Faculty of the NIB and publish i1 the nane of the NITi
Bes iaos the above public9tion the liIB sjoulrl brillg
out an Half-yearly Journal on Conterpor~ry DevolojlrJGnts in d liferent brqnches of law 1~lt rqy be celle( the Nationnl Law Review and it nay be funded by the lHS itself
(0) A Centre for 1foI1cn and nd Law
In view of the incJeasing inportBnce of HunAn stuiell
18
end support be jng offered by the Univers tvli ~ L1 G~t~gt1
CotlTlission anfl the liiinistry Of HULlrm Develoment middott le
NIB should set up a Specip1 Centro for stuCiy issuos jn trw concerning the stntu8 )f wonen 8uithle proj~cts D-1y
be developed by the Faculty nno Jppropriate lSS ist-nce
sought~ fron fUTIr1ing CenC10S A cp-lti i~-~I+~fltvUlYJ v ~~ ftl1++Ov bullbull ~~l
[jay be constituted to look lfter the developnent 0f this
Centre
(p) Institute in COLlpartive Law
The irlJ)rt~oe of c0nr~rrtiVe law studies r
scholArship ClYJC Internrtiolll relatiUs Cilntlt bil rvorshy
enDh~sizec Inview sf the rnle )f our cOl1ntry in re3i)n~1
cooperation -4l)a Internati~)n$11 ldllti0us LYl InstiCUt0 f
Conpar ~tive Lw is nost IlpprOprillte Ll the NL 2is 11
give the neoess-ry legll support to Indias posi- in
SA1RC countris rnd the TIn-81ignc-n rovenents It ~ iv rIS)
org1nise spooi~lis8f studies r0gion~11y OT cotntr~-1fise
In this regard the Acnilenic Council rccocows oi1
lt)ttention to tho study of Sooilist Leg31 Systcn icul~rly
bec~use of the ncnd to (levolop socialist JUT lSlu(lnco in
the present com --xi of Incia
(q) Libx8ry Developncnt
~in Institution like the NatirYll Law ScbCDl ~J1Dul(i
aspire to o(lvelop librnry fciljtios 6ujt1-110 tel c tGr to
its ao0(lio and researoh cgtrritnents Of course ~ wi
tke fl long tine and a suitnble p1n snoulil bo lovcloped
by tho libr1ry stf of the NIB Me luwhile the ITIS sbv16
-nmroaoh the funding I1gencies within the ccuntry ~lY 8utsi~o
for its libI eery icvolopnents
18
The Pore FOUnGRtion iu IndiR nay be nppro8ched to ssist
the librry in securing volllnes of inpelrtnnt fOIcien
legal periodic~ls and to Gnrol subscriptiDn f0I CllrJO1t sues )f thse pllblic8tims
Sinil31ly the GoverUDont It the CentI -1( in the
st ss Day be nPIJroached to give atlease one copy of its
public3tions frse elf ohlrge to the NIB Library iIecnwhile the
0ssential reports and textmiddot Books ny be irL1ed ictely purchnsoil
befor the connencenont elf the Lonaonic yo 1 bull
(p) Institution of loadenic Chairs
It is an excellont idea to ssocite priv1te
philanthrelpic institutes with the rlevelopnent of tfIS Besiiles
seeking su itnb Ie donat ielns the Acanenic Council rC1celrrcnds
that ina ividuOols nnd institutic-us ny be appronched to L1stitute endDvlLients f8r setting up tte AOf)c(mic Cpoundirs in
different brpJ1cf8S cmiddotf law It is estin~ted tht Cllrir
nay need [ill End ownent of lis 10 lskhs t lt) S UPI)Ort J~cofess Oshy
ship qne necessary staff
DmECTOR 12-12-87
SQf1 -
2007
ANEure R-J13 amp1
1inute of the leeting of the Executive Council held on Saturday the 27th Januan
Item 0 2 - Common Entrance Test
It was resolved that
We accepT in principle holding of a Common Admission TesT but we reiterate that the responsibility of conducting the CAT should be with the NLSIU 50 that the same standards can be retained
Item 0 3 - Ratification of faculty appointments
RecLUltmem - ror raritication - VC said that the consent has already been obrained by circular
Regarding 4 additional increments to Mr Sairam Bhat
The committee disapproved the additional increments given to k Sairam Ella as it is not in confonniry with rhe UGC Rules Tile increments given to others is approved
Item 0 t - Ratification of the administrative staff appointments
The Regularisation was not approved since the procedure was not tolloved properly EC 1tll1her felt that there should be proper records maintained in the process At any cost the backdoor entry shall be avoided
It Vias resolved that
The Registrars olliee should prepare a note with the individual candidates derails and a proposal can be made to EC with the relevant information about their service pay confidential records nature dUties educational qualification etc Also whether the candidate is qualified or not With the complete information the note may be placed before rile Executive CounciL Untillhe decision is made the consolidated pay whalever Tiley were getting should b paid If necessary a meeting may be arranged as soon as the infonnaliol1 is ready
Item 0 8 When Prof Hegde raised some objection regard1llg the irregularity in paying the adcitional increments the Committee insisted to make a formal complaint then they will look imo individual cases
The Committee also suggested lO prepare rhe Rules if already Rules ere available and if modific3rioll is required make a formal proposal and place it betore the EC
As regards fuation of pay to Ir Somu C
Tile EC disapproved the appointment letter issued by the Registrar Howeyer considering the plea of the Vice Chancellor the Executie Colll1cil suggested his presem pay of Rs 25675middot may be protected and new appointment letter may be issued with the relLled amount ie Rs 25000 and not 29000middot
Item ~o S - Investments
The Committee was of the opinion that the office should come out with a proposal ghing a clear picture indicating where it ill be invested- hat is the present rate of interestshywhether to invest in public sector or government organizations and not in private institutions etc and which mumal fund you prefer and reasons for the same The proposal with all the above information may be placed before the EC jx its approvaL
Item ~o 6 - enhancement of tuition fee
Approved
Item ~o 7 - Pension payable to Ms Pushpa eeL Dept
It was approyed and informed that the same pension mte can be appUed as it is applied in other cases
Item ~o 9 As re~arcls inIormation to be ginD under R II
It was approved that only the resolmiol1s can be given and not proceedings
Item ~()10 - Revision ofmerlical budget - Beerappas cae
It as agreed to revise the medical budget
Item ~o 11 - Agreed
Registrar informed the Committee that Prof Bebu Mathews lien will come ~o an end by 3132007 The Committee felt that h silouldjoin before lhe date and if not illS lien will nOl be extended
t~XI item - approved
Item ~o - Increments to those who have reached maximum
The COlllmittee recolllmended that a proposal proposal may be placed before the EC based on rhe CGC Rules for graJll of increments for those who have reached the maximum scale Bused on the proposal the EC may gram some stagnation incremem as per Cemfal GOt Rules
Registrar inf()rmed the Commillee that he is nor genillg any separate allovuce for holding Ot1ice ofRegistrar as he is doing both administration work and also teaching
The Comminee was of the opimon that Ie the maner be placed before Ie with a proper proposal - 11l order to finalise graming of a special aEowancc for a Professor whe11 he is appointed as Registrar during the IeIm of OUice of Registrar
Item ~o 27 - ASLEA Conference
When the Registrar inionned the Committee about the receipt ofRs 1900000- from the UTI Bank towards organizing the ASLEA Conference und that the same has not been rellutted to -rLSIC the EC resolved that
whenever such Conferences Seminars conducted with the coordination ofthe -rLSlt a detailed repolt must be prepared showing the amount received by the concerned Departments i sponsorers xpenses incurred what is the income earned by -rLSru from those Conferences Such reports lUust be duly certified by the Registrar and the same should be placed beli)ft the Ee
Finally EC strongly reconlllended the -[inutes of the Meeting shall be circulated tor approval immediately_
Item No P 3
GRH - Some adyance increments would be -let that proposal come separately Some of the - those who hold the shy
Increments only for the Lecmrer and not for the Asst Professor because he bas PhD Mr Sairam Ehat
UGC Rules - AJD - With the modification for
Let there be a proper note circulated
Sairam Ehat - increments to tbose who hold tbe lecmrer post - Registrar denied shy
Make a proposal for amendment of Rules - we may apply the rules
IF you find any rule - please make applications - before Ee if it is fare
AJD - posts are already there - but here is a situation wherein certain people are working since so many years - who were recruited directly - since 1998 - at that time we were not in a position to appoint shy
The Committee should have been constituted by EC - do not violate the mles
Call for application itself is out of question- they should also face the Committee
They ere on consolidated basis shy
VVK-
You can regularize - there should be some record - prepare a note call those employees - back door entry should not be permitted - we are not against them - the power has to
be exercised by the Ee
Who had approved the internal circular - VC admitted - he himself - it would have been discussed in the meeting Let them also know who are the members of the
The Committee took a decision and authorized Justice Mallimath to take a decision about the
VR Reddy ad hocistlJ should not be there some kind of a procedure should be followed - middotou may appoint a complttenr persoll- but procedure should be foHowed
lallinath m accept his OWI1 statement and pay him only Rs 25000- and nor 29000-
It shall not be treated as a precedm-
You may refix it and ensure that it rotal should not be less than what ~le is drawing 110W
ANNPorsR-14shy
S)finutes of the meeting of the Executive Council held on Sunday the 13th -Iav 2007 at 1 000 AJ
Item 0 1 Confirmation of tbe minutes of the previous Executive Council meeting
With thi permission of the Chair certain decisions have taken at the EC meeting a report of rbe action taken should be placed before the neXI EC
Item ~o 1 Search Comminee Chair Professor as LS1C
Resolved to constiTIlte a search committee consisted of the following members for identitymg s1Iimbie persons for the appoimment to hold the position of the Professor of different eilirs at NLSIl The committee shall be entitled to consult distingUIshed persons for the position the searchcol11mittee shaH plaCe the names so selected in the next meeting for (ile tina decision
1 JUSTice vfaIimath 2 Vice Chancellor 3 Shri Patnaik Silri VR Reddy 5 Mr Gopakumaran air Chairman BCI
Tile members of the EC have requested to suggest suitable names Registrar shall be the Ex-officio Secetary to the Committee
Item ~o 1 The EC consrituted a Committee consisting of following members to tinulise tile niles placed before the next EC
L 5111i BS Reddy 2 ShriDesai Chandrashekar Kamataka Bar Council Chairman 3 Prof V agaraj -I Shri BD Hiremarh
Registrar shaH be the Ex ofiicio secretary
Item 03 Common Entrance Test
It was resolved the modify the resolution to the followin1l ctIeer that the VC should take the stand that having r~gard to the pr~emin~nt pOSition ofrhe NLSIU being the pioneer in holding the Test it should play the leading role in conducting the Common Entranccent Test The VC is requested to persuade the other Vice Chancellors in this behalf
Itelll NO5 Resolved that the proposal contemplated by agenda item no 5 shall be finalized within a week and the approval ofrhe EC sought by circ1Ilation
1
Item 0 6 Increase in fees by Rs 140001- over lasT year was approved and confirmed
Item 0 7 Providing information under RTI Act - Based on the issne relatinl to the publication aboUl Law School in Times ofIndia under RTI Act aIld the issue of~hai can be released in the Press under RTI Act was discussed elaborately though no conclusion was arrived at It was resolved that the information must have leaked bv the administrative STaff and a stern w3ming must be given to them to prevent such happnings in the future
fain Agenda
Item 02
I Reguarisation of the services of administratiw staff
It was resolved to approe the regulanarions of services of the following with from ovember L 2006
i) ills Pushpa Kadam ii) VIs Vidya SG iii) vir Umesh iv) iIlr Naveen Kumar v I VIs Premll Kummi
Resolved that having regard to the exigencies of service becomes necessary to make immediate appointment the VC could make such adhoc appointments and bring it to the notice of the Executive Committee lllunediately in the next EC meeting
Further resolved that if the vacancies should be filled up as per the University Rules and Regulaliols and if ad hoc appointments are eligible to consider their applicatiolls as well The cases of Ms Gma Ms Jyothi v1r Gulam Hyder and Mangala Gowri were not considered for eguiarization as they haye left th se[ce long back
(3rinLoIlldence increments(QthQslt who acqmre ~LPhii and PhD desree
Keeping in mind the UGC guidelines issued on the basis of the Order of the Govt of India dated J July 1998 and the resolution of the Executive Committee dated of August 1999 the Executic Committee resolved to extend the benetit of advance increments to the members of the tcaching statT acquiring PhD or tPhil degree respectively as follows
1 4 and 2 advance increments will be admissible to those hold PhD and tPilil degree respectively at ihe time of recrul1ment as Lecturers and Assistant Professors
2
2 4 and 2 advance increments will be admissible m those who acquire PhD and VLPhil degree respectively afrer the recruinnem to he said post
3 Associate Professors oJlwards who acquire PhD degree after 781999 shall be eligible for two incremems
The aforesaid provislOllS shall be given ef1c to from 781999
4 Appointment ofMr Somu C
After an exhaustiVe consultation on the issue regarding fixation of rile pay to Mr SOlllU on his appointment as Assistam Pro1ssor the Execurive Council resolved to gram four advance increments in the pay scale of Rs 10000 to 15000- so that the total emoluments will be receivim could not be less than the total ellloluments he is recehing in the priare college vhere he is Sefnllg The offer of appoimmcl1t aLready lllade shall be rnodified on these lines
Item No3 Stagnation increments
The Executive Council decided 10 grant the bendt of stagnation increments contemplated to rhe employees of lSIC The proposal in the agenda to grant stagnation increment is approved
Item 110 -I Institution of Allen amp Overy Chair on International Financial Laws
The Execmive Council approved the action taken by the Vice Chancellor in esmblishing a Chair on International Financial Laws 1Inanced by vIs Allen amp Overy Londo It is resolved 10 convey the appreciation Bnd thanks to the donor
Item ~o 5 Convocation
The sltlggesled the tc)Uowing names tor being invited to be the Chief Guest lor the next Convocation
L Shri Gopalaswamy Iyengar Chief Election Commissioner 2 Shri YV Reddy RBI Governor 3 Shri Fali Slariman Sr Advocate 4 Shri K Pachauri
In case none of the above are not mailable the Vice Chancellor may at his discretion invite any other suirable dignitmy
Item -0 6 3 reservation for physically challenged candidates in the Admission to XLS
EC defened it to the next meeting The Registrar shall place before the Executive CounciL a copy of the Act the Judgment rendered by the High court of Karnataia and
3
- -
bt also a copy of the report said to have been submitted by Justice Rama Jois if available along with relevant judgments
Item 0 7
The EC committee decided to consider the incentive to be given to the staff members on the occasion of the Silver Jubilee function of tile University
Item 08 Selection of the administrative staff
The EC felt that the response to the advertisements being very pOOL steps should be taken to adequately advertise and invite applications afresh In view of the urgent necessity to carryon the administration the EC 3mhorizes the VC to make ad hoc appointments pending regulu recruitment TO the posts of Secretary Office Assistants and Junior Assistants Adequate steps should be taken for adwnising posts indicating all relevant details
Among the three members to be nominated by the VC under the LSIU Regulation 4(c ) the Chainnan of the Karnataka State Bar Councilor any member nominated by him shall be nominated
Item 09 Establishment of a Centre
Resolved to constitute a committee consisting of the following members of the Executive Committee to scrutinize the proposal and to take a final decision in this regard
L Chail1113n of the State Bar Council 2 Bar Council ofIndia member from Karnataka 3 Law Secretary
Item 0 10 Institution of Chair on Consumer Law
The Council noted with appreciation the sanction of professorial chair on Consumer Law amp Practice bv the Ministrv of Consumer Affairs to set up Chair on Consumer Law 8 Practice at LSIC EC authorized the University to convey the appreciation and thanks to the appropriate authority
4
ITEM NO17 171 COURT NO5 SECTION PIL-W
SUP REM E C 0 U R T 0 FIN 0 I A RECORD OF PROCEEDINGS
writ petition(Civil) NO 6002015
SHAMNAD BASHEER VERSUS
petitioner(s
UNION OF INDIA amp ORS (WITH APPLN(S) FOR PERMISSION INTERVENTION APPLN) WITH WP(C) NO 5762018 (X)
TO FILE ADDL DORespondent(s)
CUMENTS
Date 30-10-2018 These matters were called on for hearing today
CORAM HONBLE MR JUSTICE SA BOBDE HONBLE MR JUSTICE L NAG ESWARA RAO
For Petitioner(s) Mr zoheb Hossain AOR Mr Adeeba Mujathid Adv Mr Vivek Gurnani Adv
For petitioner(s) Respondent(s) Ms Roopali Mohan Adv
Mr Namit saxena Adv Ms Taruna Ardhendumaul1 prasad Adv Mr Piyush Singh Adv Mr Amritesh Raj Adv Mr Nitesh Ranjan Adv Mr Shashank saxena Adv Mr Ardhendumaul1 Kumar prasad AOR
For Respondent(s) Mr Rakesh Munjal sr Adv Mr SS Ray Adv Mr Vaibhav Gulia Adv Mr Puneet Gupta Adv Mr paramjit Singh Jaswal Adv Mr Ravinder Singh Adv Ms Rakhi Ray AOR
Mr Atmaram NS Nadkarni ASG Mr Merusagar samantray Adv Mr Ritesh Kumar Adv Ms Suhasini sen Adv Mr Leelesh Krishna Adv Mr Arvind Kumar Sharma Adv Mr Gurmeet singh Makker AOR
~) i
2
Mr sajan poovayya Sr Adv Mr priyadarshi Banerjee Adv Mr Pratibhanu singh Kharola Adv Ms priyanka MP Adv Mr Risha Agarwal Adv Mr EC Agrawala AOR
Mr Anand varma AOR MsShubhangni Jain Adv MS Manpreet Kaur Adv
Mr Puneet Gupta Adv ~lr Ravinder singh Adv Mrs Reeta Dewan puri Adv Mr PN puri AOR
Mr Maninder singh Sr Adv Mr Prabhas Bajaj Adv Mr Gaurav Sharma AOR
UPON hearing the counsel the court made the following o R D E R
The copy of the report filed by the union of India Ministry of Human Resource amp Development pursuant to order dated 13062018 passed in wP(C) No 5512018 be furnished to learned counsel for the parties
List the matters on 28112018
[ Charanjeet Kaur ] [ Indu Kumari pokhriyal ] AR-cum-PS Asstt Registrar
ITEM NO5 51 COURT NO5 SECTION PIL-W
SUP REM E C 0 U R T 0 FIN D I A RECORD OF PROCEEDINGS
writ petition(Civil) NO 6ee2015
SHAMNAD BASHEER VERSUS
petitioner(s)
UNION OF INDIA amp ORS (WITH APPLN(S) FOR PERMISSION INTERVENTION APPLN) WITH wP(C) No 5762018 (X)
TO FILE ADDL Respondent(s)
DOCUMENTS
Date 28-11-2018 These matters were called on for hearing today
CORAM HONBLE MR JUSTICE SA BOBDE HONBLE MR JUSTICE L NAGESWARA RAO HONBLE MR JUSTICE R SUBHASH REDDY
For petitioner(s) Mr Zoheb Hossain AOR Mr Gopal shankar Narayan Adv Mr Adeeba Mujathid Adv Mr Vivek Gurnani Adv
For petitioner(s) Mr vikas singh sr Adv Respondent(s) Mr Ardhendumauli Kumar prasad AOR
Mr Amritesh Raj Adv Mr Piyush Singh Adv Mr Nitesh Ranjan Adv Mr vaibhav shrivastava Adv Mr Sashank saxena Adv
Mr Namit saxena adv MS Taruna Ardhendumauli prasad Adv
For Respondent(s) Mr Rakesh Munjal Sr Adv Mr SS Ray Adv Mr Funeet Gupta Adv Mr vaibhav Gulia Adv Ms Rakhi Ray AOR
Mr V Giri Sr Adv Mr AKarthi K Adv Ms Rakhi Ray Adv
2
Mr Atmaram NS Nadkarni ASG Ms suhasini sen Adv Mr Ritesh Kumar Adv Mr Leelesh Krishna Adv Mr Marusagar samantray Adv Mr Arvind Kumar Sharma Adv Mr Salvadar santosh Rebellow Adv Mr Gurmeet singh Makker AOR
Mr Sajan Poovayya Sr Adv Mr prlyadarshi Banerjee Adv ~r Pratibhanu singh Kharola Adv rmiddotls priyanka M P Adv Mr EC Agrawala AOR
r1r Anand varma AOR
Mr punaet Gupta Adv Mr Ravinder singh Adv Mrs Reeta Dewan puri Adv prof paramjit Jaswal Adv Prof KD Rao Adv Mr PN puri AOR
Mr Prabhas Bajaj Adv Mr Dhawal Mohan Adv Mr Abhishek Adv Mr Gaurav Sharma AOR
For Applicants) MS M Sidhu Adv Mr P vinay Kumar Adv
Mr PS Narasimha sr Adv Mr SS Ray Adv Mr Puneet Gupta Adv Ms Rakhi Ray AOR
UPON hearing the counsel the court made the following o R D E R
Application for intervention is dismissed as
withdrawn
shri Atmaram N S Nadkarni learned Additional
Solicitor General appearing on behalf of the Union
of India ~linlstry of Human Resource amp Development
states that the Government has prepared a report
3
and shall further convene a meeting of all the
parties to these petitions NTA and the Bar council
of India seek their views and make appropriate
recommendations for the holding of the examination
within four weeks
List thereafter
[ Charanjeet Kaur ] [ Indu Kumari pokhriyal ] AR-cum-ps Asstt Registrar
7-+ 0( AMNI~URpound tlt_Ihi
2Q lt ( gt ( - -
~ ~ A
-
p V -~d T] Y-P~iCL of ~-lt)Eign Sud~nts thp drnissio is i-l~ be COI)iuct-d wit)middot the help of Inrin ~~Llt_~lon~
llgtrO~j ~n -t~poundO rgtSpctiVF cnJn~cies
1 r
lh- durtlon of tht course shall bE for 21 peri00 of (iv~~ j~lcaderrjic yeilrs j
CJ 1~ltJch acadeHic _divided into_ thceuroE academic terrnS J
f~lCh tE-rm called a orrimestErcent hDvin0 a minimum of 70 vJcfrki (H) days
C3 Ph- Icdcmic t(rms shilllordinarily be from lst July to --lOth -Septcober t poundrom 5th Oct to 15th Junuclry an(l from 1 (1 t ~l ~] AnlJ a ry to 20 t h A1ri 1 ~
~
6 l Irhp tu i t ton f~(~ foc th0 dampgree progr1fnrne for each yedr -
~~~ 1 i-gt ~ bull )~~jt7-middot which shall be collectEd in th~e IntlIcn~s 0t tl--H~ b(9ir~n of lt2Crk Trin~c-$ter I fcgte i~ not pdid i--hin a week er the co-mrnCncemlt2Ylt of thlt Tr~rgt~middot I i sh~~ 1 be C012Ectec with tate Jf if 1shyor c1~~y t11-l rre- end of 20 working days Can-didut(s who f) l te feeuro wtY)it the nrc-scrlbcd aerior] with ~ate
(fmiddot sri~)l rgtrnoveo -(om lt~G rolls ltH(~ they shall bEgt C~gt-j(1rrit~td onJy on pitympt 0+ rf--)cm-sion feE- oE Imiddot 100shy~(( 1 ~risf-1ct()ry rJport o~ progress ond conduct from 2 Tc~chFr of thp P~culty
In rpsnect of rrwl v acrni ttEO stIJcens admission wi 11 no )( com~letP lJJ11ess- thFY Pi)Y the prescribEc within Sonci fieod ti1le
6 ~ 3 Besidelt= flt( 2lt trl bp9inning of the fi--st trimestr of fdCn ypar J U CltiHldidatgt i (cQuirec to pay a sum of
tOWi1n1 xc1dlrHJ rnJti~rit~ls ar1lt3 a further sum of OWi~fU~ co-ctJcricu~~r ~nd ~tudent welfare activishy
~OL(~ Tuition )nc other fees paid by th0 students irlini ttEC1 to thi course 1 not Je Efundeci u~dFr- any C cumstancs
1
A1)Npoundx UltE remiddot-VishyTS
Academic Calendar at NLS
Resolutions on Academic Calendar
The Academic Council Meeting on 12th December 1987 proposed that each Academic Year be divided into three academic terms each with a minimum of 70 working days This academic term will be called a trimester
On 1th September 1988 the 4th Executive Council Meeting of NLSIU resolved that each Academic Year is civided into 3 academic terms Each term called a trimester has a minimum of 70 working days
Consequences of the Resolutions Tne mandatory 70 working days are spread across 12-13 weeks Each 12-13 week trimester extends to 90 calendar days 3 trimesters will require 270 calendar days
Ordinariiy students complete compUisory internships during the term breaks which vary from 30 to 45 days This year we had planned to forego the term break and replace it with a 15 day break between each trimester as this Is essential to finish evaluation ana assessment exercises Hence the Academic Year requires 315 days
Academic Year 2020-21
If hLS Admissions is completed under the NLAT 2020 Schedule the Academic Year will run from SeJtember 18 2020 to June 30 2021 This will allow for 285 calendar days this year leaving a 30 day shortfall We may preserve the Academic Year by further compreSSing the evaluation and assessment period to 5 days ThiS is neither optimal or desirable bul is the result of the delayed CLAT 2020 schedule Hence the Academic Year 2020-21 will be competed before the start of Academic Year 2021-22 on July 12021
If NLS Admissions is completed under CLAT 2020 From October 10 to June 30 2021 the AcademiC Year wiil have 263 days leaving a 52 day gap Even if we compress the evaluation and assessment Deriod to 5 days between each term and save 30 days the Academic Year 2020-21 cannot be delivered
ANNExOltE RJ
r Nithya Rajshekhar ltIegalnlsacingt
Letter from Nirma University Law School which has a trimester system for LLM and has moved away from CLAT for this process this year
$arasu ltSarasunlsacingt Sat Sep 12 2020 at 1031 AM Te Nithya Ra]shakhar ltIegalnisacingt Co Sudhir Krishnaswany ltsudhirnisacingt
bullbullbullbullbullbullbullbullbullbull Forwalded message bullbullbullbullbullbullbull From Purvi Pokhariyal ltdirector Date Sat Sap 12 20201027 AM Subject Thank yeun To Sarasu ltsarasunisacingt
Dear prof Sarasu Thomas Professor of Law amp Registrar Iational Law Scnool of India University 8anglore
Subject gratlCude for gracing Commermcement session of One Year LLM batch (2020middot21)
Dear SaraSJ Maam
It was Inaeed an absolute pleasure to host you for he commencement (Orientstionj session for our newiy admitted ere year LLM batCh of 20middot21
Your motivalional address infused new energy and enthusiam amongst the sldents during this testing times
As you know this is one year programme and il is expected to nurture pest graduate students with cognitive deeper unaersranding on specialised afea along with sflarpening their research and writing skills One year programme comprises of fhree trimester for our LLM programme And we were running out of time due to delay in centralised acmisison process through CLAT 2020 So finally in early August we have decided to change the mode of admission from CLAT to graduation merit So thai we can save time of our first trimesler and can compiete the programme on time Accordingly we could start our new LLM batch from 31st August 2020 I am really thankful to you for accepting our invitation for OJr format commencement ceremony You have been motivating and inspiring generations of SUdents throughlout aU these years and your words wiseom paved a new direction for leming for our LLM students received oV80Nheming feedback from this session and must be thankful to you to be with us and helping us for guiding our LLM students during this unprecedented times Tnis is unprecedented time and that demands the unusual responses and newadapatabiiity
Thank you once again
VVi1h regaros
Purvi
06011020 The General Body The NLUs was held The Secretary-Treasurer introduced and explained to the members various steps taken by the CLAT Secremriat in preparmion of the examination including a user-fhendly and streamlined website for the C onsonium and CLAT 2020 and a sample of tile revised format of the CLAT paper designed to test slUdem aptitude instead of prior knowledge of law The sample paper had also been $tlrveyed by students from LSIU The eftons of the CLAT Secretariat on both initialives were specially commended by the Members
Additionally he also briefed the General Body that the CLAT Secretariat had put in efforts to develop and innoduce free and high-quality study materials and mock tests tor aU eLAT applicants so as to not disadvantage those slUdents who could not afford coaching
21042020 Due to the ongoing COV1D-19 lock-downs Executive COlllmittee of the Consortium postponed the CLAT 2020 I examination from lOh May 2020 and rescheduled to 21 Sl June
2020 I 1--------+- __
17052020 The Executive Committee of the Consortium resolved to postpone the eLAT 2020 again (2nd eLAT Postponement) The Consortium issued a notification infoDning candidates that a new date would be notified by 0 I July 2020 At the same meering the Respondent No2 informed the of the large increase in the number of applications after the digital marketing initiative
---- 17062020 The Executive Committee of the Consortium met The
Respondent No2 presented the report oftlle survey conducted by the CLAT Secretariat to evaluate options for conduct of the exam given die Covid-19 pandemic The Executive Committee assessed the feasibility of continuing with a penshyand-paper exam VS an online computer-based exanlination The Respondent No2 also reported his effons in contacting I vendors to conduct an online examination I
29062010
7B
16072020
30072020
The Committee of the Consonium issued a notification scheduhllg the CLAT 2010 exam on 22nd August 2020 The test was to be a centre-based online compnter eX3m The Executive Comminee was Infolmed by the Convenor rhat a Vendor had been selected
A General Body Meeting of the C onsortiull1 was held The Respondent No2 intormed the Consortium of the various measures taken by the CLAT Secretariat including
bull Due to the pandemic simation the test centres were expanded from 67 ro 103
bull Detailed Medical protocols to be followed 011 the exam day
bull The mock exams schedule has been prepared and shared to all the VCs
The Respondent No2 also infonned the membls about the proposal for securing an insurance policy for swdenls and staff for the duration of CLAT 2020 exams He informed that proposais have been sought from various Insurance Companies and the best proposal received was shared with the VCs The Consortium authorised Secretary-Treasurer and the President to go ahead with the said Proposal
However certain members raised objections 011 the ground that the price for an Insmance Policy was too higb to bear for the Consortium tmd not necessary
A meeting of the ExecutiYe Committee of the Comoniulll of NICs was held The Respondent NO2middots proposal to secure an Illsuranc Policy fOT students and staff as a precautionary measure lor CLAT 2020 was rejected despite general support froln several melubers for the sole reason tlw it [$ 110t necessary and it il1vole5 huge amount and does not serve any I- purpose
~
The Respondent 02 did not share the Same middotiew
At the same meeting despite the Health and Safety Protocols and the conversion of the exam to a Computer Based format in order to accommodate shldents during the pandemic few members raised health concerns and SUgested J2poundstponemelll i l
of the CLAT 2010 from 2200 August 2010 Hovever the Consonillm resolved to decide the issue at its next meeting
05082020 The Executive Committee of the Consortium of NLUs held a meeting to consider the date of the CLAT2020 exam
The Test Vendor was also in place to conduct the exam 011 7th
September 2020 The Respondent No2 had also begun the process of securing an additional approval from MHA for the conduct of the CLAT exam and to ensure all candidates would be allowed to travel to the centres Respondent No1 mged the Consol1iull1 against postponement of the exam given the extensive Covid-preventative measures being taken at the centres and the need to preserve the Academic YeaL
The Respondent No2 shared a presentation with the Executive C01l1111inee detailing the impact of a postponement on the Academic Calendar of the Respondent No1 University and proposing a host ofoptions in order to accolmnodate members facing such difficulties bull for NLUs to proceed with their own admission process tor I
2020-21
bull aHow for CLAT 2020 to be conducted in two series so that Universities may choose an earlier or Imer date and
bull for NLUs to admit CLAT-enrolled students to appear for separate exams conducted by the NLUs with no further need for registration or fee payment
Despite this the Consoniulll by majority vote merely resolved to postpone the eXllnllnatiol4 to a date to be i
detennilled later
10082020 The General Bodv Qfthe Consortium ofNLUs held a meeting i fuwhere it was dcided to schedule the CLAT exam on
September 2020 Whilst this date would enable members such as NLSIU to complete their admissions without suffering a Zero Year some participants menfloned that it may be necessary to postpone the examination even further
L--_____L______________________-J
27082020 The Executive Council of the Consonjum took the decision to postpone eLAT once again
The Respondent No2 raised serious objections TO the postponement and also brought to the notice of the COllSoniulll the fact that the pandemic would only get worse it1 the coming months Further to facilitate the of institutions reliant on CLAT who would not be able to sustain ftuther delay he optiOllS already presented and discussed with the Consortium the Respoudent No2 offered to undenvTie the entire CLAT 2020 examination from NLSflJs share of Consortium fees in order to hold the examination on the fixed date of 7th September 2020 However none of the options were accepted by the Consortium
ANMEM01pound R1Ie atiouaj Law Scho()l of india University Ballzalore i J
inllts of the Emergency Faculty lerring held via videu confrrcnce euroIll 6th August 020
lullbers preent lts Iht Zoon1 ~iJn R-cOrGlng
1 PU$lpoThm~H ofCLAT yet again from 22nd Aligust to 7th S~pt(nber ~020
Contingency Plan to prevent a Zero Year
Disc ussion
Th- ViCt1 Chancellor Prof Sudhir KrlslmaSvarny informed that en1rgcHcy l1heting had been called to the decision the Executive C0t11ITliHe of the Consonium National Law Universities dated 05092020 to postpone the CLAT 2020 exam undl funner notice t was also informed that a new date for CLAT 2020 -as not yet finalised however it was likely that the exam would schedukd in September He tated that this emergency Facllhy Meeting had been
0 decide on NLSUs next steps
TllC Vice Chancellor infonned the Faculty he hud pHt forth the case of NLSIU lt1t the only National Law UnivilTsily having a trimester system before the Consortium members He infom1cd Consortium that delays in CLAT Nould unfairly prejudice NLSIU and set before them several alternatives including (1) allowing NLSIU 0 go ahead with an alternate admisslols process lor this
lild r) allowing multiple CLAT exams and go ahead with the date as proposed
Vice ChanceUor timber informed the Faculty that the CLAT 2020 had been postponed the hid time despite the extensive health and safety protocols and a rede$ign of the ~xam (Q a centre-based computer exam As the Covid-19 pandemic is only getting worse there is no justiI1carion for further delays
Fuculry il1cnlbcrs expressed concern that the trimester was going to be severely dt~layed as a
th~ postpot)CJncHt Undergraduate Chairperson Prof T Somnshekhar suggested going ahead vith an exam immedimely to prevent fmher delay and to explore using the same centres as CLAT
Other Faculty 111cmbcrs including Pr)f Ashok Patll suggested thatvlc should fun our ovn entrttnclt exam NIr Kunai Ambasta agreed bUt expressed concern about the costs of administering a scpamte entrance eXctlDlnatloD
Jflndakishore lt-luerkei whether ve couid go ahead for this staying tvithin
lnernbers inciudjng Sanyukta Choudhry and Ms Rashmi Vcnkatcn if it was PQssihlt IO have a dekly~d trimesrer nnd hm the inlpact ofthlt WOUld be Acadernic calendar options (r( txplored
Bnbu 11athev opined e should xplore many options 5hared TvlPP course to begin on ciCil1
Registrar~ Prof Sarasu Eshef Thon1as nmde a short prescntmion on the of a T on the S A-eadernic Year
1 Impact on applklnh
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it vns ionduded ihat smCe dH date ll) CLAT exan1 had nOI bcen flxLi 1hen W~l~ no vbClher voldd be any furh~r postponcn1entS LSIlJ be ith puhing
uirncgtter LO th ecund rrlrn-skr and so fDrth lhereby n1-lking it impo$)iblc to up 2021 In such a cnse~ rLSrC will be forcedo announct a zero y(ar~
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Extract ofDraft Minutes of9t Executive Council Meetillg
DRAFT MINUTES OF THE 91 MEETING OF THE EXECUTIVE COUNCIL OF THE
ATIONAL LAW SCHOOL OF INDIA UNIVERSITY MELDON
WEDNESDAY AUGUST 12 2020 AT 330 PM AND ON
TUESDAY AUGUST 18 2020 AT 430 PM VIA VIDEO CONFERENCIgtlG
MEMBERS PRESENT I Honble Mr Justice Uday Umesh Lalit Judge Supreme Court ofIndia 2 Honbie Mr Justice Dhananjaya Y Chandrachud Judge Supreme Court of india 3 Honble Mr Justice S Abdul Nazecr Judge Supreme Court oflndia 4 Honble Mr Justice V Gopala Gowda Former Judge Supreme Court oflndia 5 Shri Manan Kumar Mishra Senior Advocate Chairman Bar Council of India 6 Shri S Prabakaran Senior Advocate Co Chairman Bar Council oflndia 7 Shri Deb] Prasad Dha Advocate Managing Tnlstee BCI Trust 8 Shr1 Apurba Kumar Sharma Senior Advocate Chairman Executive Committee Bar
Council oflndia 9 Shd Y R Sadasiva Reddy Member Bar Council of India 10 Shri Ved Prakash Sharma Advocate Member Bar Councll oflndia 11 Shri Prashant Kumar Singh Advocate Member Bar Council of India 2 Shri Anil Kumar 1M Chairman Karnataka State Bar Council 13 Shd tV Ramana Reddy lAS Additional Chief Secretary to Government or Karnataka
Higher Education Department 14 Shf1 SY Watawati Law Secretary Government of Karnataka 15 Prof (Dr) Sudhir Krishnaswamy Vice Cbancellor NLSIU 16 Prof (Dr) Ashok R Pati] Professor of Law NLSlU 17 Prot (Dr) TS Somashekhar Professor in Economics NLSIU J8 Dr Nagarathna A Associate Professor NLSJU
AliD 19 Pro[ (Dr) Sarasu Esther Thomas Registrar amp Professor of Law as Secretary to the
Executive Council
lVIEMBERS VRO EXCUSED THEMSELVES L HonbJc Mr Justice Mohan M Shantanagouclar Judge Supreme Court ofIndia
Opening Remarks
The Vice Chancellor Prof Sudhir Krishnaswamy welcomed al the members to the 9i Meeting of the Executive Council He thanked the Honble Judges representatives ofthe Karnalaka Stale Gevernment and members of the Bar Council of India for agreeing to attend this Executive
-ss Council TvteeHng organized at short notice or Video Conference He informed tflC 1crnbers that the Honbie ChiefJustice of India the Chsnceillllofthe University was unable to atlcu and had ominated Honble Justice UlJ Lalit to Chair themeeting in his abence
Justice Lalit clarified the reasOns why this emergency Executive Ceunci I Meeting had been convened at shori notice at his initiative First as CLA T 2020 had been postponed several times the University is unlikely to complete admissions by September 2020 Hence lLSIU faces the prospect or a zero year 1ere 120 BALLB + 50 LLM students will not be admitted and (be University wili lose INR16 crores over 5 years Secondly as the University had submitted a comprehensive Report reviewing the Reservation Policy in the third week of July this Report should be discussed while Ihe admissions process was underway
Justice Lalit then asked if any Member took objection to the short notice and was keen that the Meeting should be adjourned Ali Members unanimously agreed that due to the urgent nature of the agenda of the Meeing the usual lime trames for the Meeting may be dispensed with on this occasion
~ __-1-_- _ - _ _-- -- --- i Item No1 i Postponement of CLAT 2020 and Admissions to the NLSIL for the i_ ____J_A2e~)r2Q~Q21 ________ ____ __
Discussion IMembers noted that the Governing Body of the Consortium ofNLUs held an iemergencv meeting on Aug 10th 2020 to reschedule CLAT 2020 from Aug 22nd to 7en September 2020 ) i i 1 Members expressed concern that CLAT 2020 had been rescheduled 3 times and
further postponement could not be ruled out The Vice Chancellor clarified that the University has made adequate plans to compress the Academic Year if the 1
exam is completed On September 7th 2020 I
However several Members expressed concerns if CLA T 2020 was delayed 1 further All Members agreed that the consequences ofa Zltro Year in terms of loss of revenue (around i 6 crons) and loss of oppoltunity to 120 SA LLB (Hons) and 50 LLM students [0 study at the National Law School was too high a price to pay
Some Members suggested exploring various admissions options using 12th Stllndard Marks other entrance examination results or conducting an online examination The Chair emphasized that it is critical to authorize and urge the University to take immediate steps to prevent a Zero Year if CLAT 2020 is
i further rescheduled
i I The Chair requested the Vic Chancellor to consult withthe BCI Chairpls~n in the event that the Umverslly needs the leave of the Supreme Court In mese I 1____~__-lllat~~~ __ _ ___ _~__ __ _________ _jI _ 1 l was resolved unanimously that jfthere is a further delay in CLA T the Vce 1
L_~C~~nJ9_~ll~cel()r--~_lt11Jlowredt2takeai I necessar $iJlLt~nsur(U~ltlUl1ej
(J ry(Y~~
TAdmissions Processfor 2020-2 i~i~ completed in Septe111ber 2020
NLSIU is authQrised to fUll ft~ own admission process and conduct an i independert admisson tcst if necessary if there s further postponement of the I CLATexam
It was decided that the meeting would be adjourned to 18th August 2020 at 430 PM The Vice Chancellor thanked all the members for joining this meeting
After a formal weicome by the Vice Chancelor Justice U U Lalit chair the meeting and invited Justice Gopala Gowda to present his note feHowed by a presentation by the Chairman Bar Council ofindia
__ _~ ~__Ugt___ _~~~ _~~_~ _~ __ bullbullbull___ ~~ __ ~bullbull~~_~ gt _ 0 ~~ ~_____ ~~ _ __~ ~____ __ ______ __ __ __ __
1 -__~_~~__~ bull i Anv other item with the ncrmission of the Chair
n __ __ Item 3 __ ~~bullbull_______ ~_________bull ______ __ ______ - _~~ ~~~ ~~bullbull _~~~ ~ __--J~_~ __
Discussion The Chair asked the Vice Chancellor to clarify that CLA T 2020 was likely to be r held on 7th September 2020 The Vice Chance lor confirmed that as per the i current schedule it was to be conducted on 7th September 2020 but the I Consortium tny choose to reconsider the date later I
i--~------- i-------~ --_---- ---------------_--- ---- ---- -- ---
Decision i
The Executive Council unanimously reconfirmed this resolution to empower i
the Vice Chancellor and the Jniversity to conduct an independent admission iL_ _________jJ~poundf~ipoundE~1Jt t~at C~~T 29Qis dela)~ecc fU~~t____~~_________
The Vice Chancellor thanked all the Members for joining the meeting and thanked Justice UU Lalit for chairing this important emergency Executive Council meeting
SdJshyRegistrar National Law School oflndia University Bangalore
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ANNExurE R14 iT NATIONAL LAW SCHOOL OF INDIA UNIVERSITY
Post Bag No 7201 NAGARBHAVI BENGALURU - 560 242 (Old Code No 560072) INDIA
Talalax 080 - 2321316023160532535 Fax OBO - 2316 0534 Website WWWnlsac-in Email registrarnlsaci
Report of the BALLB(Honsl and LLM Admissions Committee 2020
Committee Members
1 Prof (Dr) Sarasu Esther Thomas Registrar 2 Professor Babu Mathew 3 Assistant Professor (Dr) Kaushik Basu 4 Assistant Professor Kunal Arnbasta 5 Assistant Professor Sanyukta Chowdhury 6 Nithya Rhea Rajashekar Advocate (Legal Advisor to the Committee)
A Objective
Since inception admission to the BA LLB (Hons) programme has been purely on the basis of merit as assessed through a common entrance exam The University conducted its own AIIshyIndia entrance examination until 2008 when the Common Law AdmiSSion Test was conceived In 2018 the Consortium of National Law Universities comprising the ViceshyChancellors of 22 National Law Universities was formed to establish a Permanent CLAT Secretariat for the conduction of the CLA T Admissions to the Universitys BA LLB(Hons) and LLM programme were also done on the basis of CLA T score
The Covid-19 pandemic has however caused unforeseen difficulties and delays in the conduct of CLA T 2020 The repeated postponement of the examination has resulted in uncertainty for students parents and the participating Universities NLSIU is uniquely disadvantaged as it follows a trimester system where every academic year is made up of three terms of 90 days duration Moreover each term must accommodate 60 hours of classroom instruction in each course and adequately provide for examination and evaluation processes Further the academic offering for the 3rd 4th and 5th year of the BA LLB programme as well as the LLM programme is fully integrated and requires a common academic calendar
Hence if NLSIU is unable to complete admissions before the end of September 2020 it will inevitably result in a Zero Year with no admission This will deprive law students of the opportunity to pursue their studies this year at Indias premier law university We are fully committed to ensuring that no student is denied the opportunity to study at NLSIU this Academic Year Hence NLSIU is compelled by the current circumstances to conduct a separate admissions process for the BA LLB and LLM programmes for the Academic Year 2020-21
This matter was considered at length at a Faculty Meeting at the University on August 6th 2020 where the Faculty unanimously resolved that NLSIU needed to take all measures necessary to avoid a Zero Year The Executive Council of the University at its 915t Meeting held in two sessions on August 12 2020 and 18th August 2020 met to consider the matter and unanimously resolved to authorize the University to develop an alternative admissions process in the event that CLAT 2020 was not conducted on September 7 2020
h fin stablished under Kamataka Act 22 of 1986
-tgg On August 28 the Executive Committee of the Consortium of National Law Universities postponed CLAT 2020 from September 7 to September 28 2020 Accordingly this Faculty
Sub-Committee was constituted by the Vice-Chancellor and tasked with formulating a revised admission procedure for the academic year 2020-21 with respect to the BA LLB (Hons) and LLM Programme (hereinafter referred to as Programmes)
B Options available before the Committee
1 Conduct an online entrance exam at identified centres across the country for all applicants
2 Conduct a home-based proctored online entrance exam for all applicents
3 Conduct a home-based proctored online entrance exam for applicants shortlisled as per pre-defined criteria
81 Committees decision regarding Option 1
As per expenditure estimates prepared by the University conducting an online entrance exam at identified centres across the country for aU applicants would cost Rs 4 crores Moreover under the given lime constraints it would be extremely challenging to organise the same Further a home-based online examination discussed in Option 2 and 3 below ensures that candictates do not need to travel to physical centres for an additional examination
Accordingly the Committee decided that option 1 would be unfeasible
82 Committees decision regarding Option 2 and 3
A home-based proctored online entrance exam for all applicants would not be feasible given the expected number ofapplicants (apprOXimately 20000+ for BA LLB and 5000 for LLM considering the late call) and the available funds of the UniverSity unless some minimum fee is charged from applicants If this is done we may make an open call
~Ihere no application fee is charged such an entrance exam is feasible for applicants
shorlisted as per pre-defined criteria Subsequent to the initial deliberations ofthe SubshyCommittee it was made known to the members that the procedure for admissions as finalised by Ihe Academic Council on December 12 1987 was that Admission to tile Law School would be only on the basis of the Written Admission Tes
The Committee discussed the available technology platforms for conducting homeshybased proctored online entrance examination with two vendors (Edchemy and Coshycubes The Commiltee also got in touch with Pearson Vue and NSEIT) A moreurogt exhaustive search may be undertaken by the University before making the choice of technology partner for the entrance exam
With respect to the application fee the University has tlllIO options - (i) to charge a nominal application fee (in the range of Rs 100 Rs 250) to recover part of the costs
111 (with the balance being met by the University funds) or (Ii to not charge any application fee While the CommITtee felt that (i) was ideal a final decision may be taken by the Vice-Chancellor in this regard depending on the final expenditure estimates of the entire admissions process and availability of funds with the University
Therefore having considered all the options it was concluded by the Committee that an online home-based entrance examination conducted for all appticants at the earliest and with the lowest possible application fee would be a fair transparent and accessible admissions process
C Committees recommendation regarding conduct of home based online proctored entrance examination
The syllabus of the examination should be as ctose as possible to the Common Law Admission Test 2020 so that candidates are not required to undertake any additional preparation for the NLS1U Entrance exam The following format was recommended by the Committee
Maximum Marks 80
Duration of the Exam 45 minutes
Question Type Multiple Choice Questions only
Marking Scheme 2 mark per correct answer
-050 marks per wrong answer
-025 marks per skippedunanswered question
Candidates will have to appear for the examination using a computer device with video and audio transmission available They should be informed in advance that the University would noi be responsible for any connectivity issues or failure of intemet connection during the examination
A mock examination should be held to familiarise the candidates with the technology plalform on which the examination will be conducted
There should be a protocol established to deal with potential malpractice since the examination will be attempted by the candidates in a home environment It is understood that the available technology allows for artificial intelligence enabled human proctoring of the examination Additionally the technology vendor will put in place software mechanisms to ensure that forms of examination malpractice will be detected and suitable action taken This should include but is not limited 10 restricting access to different online tabs on the computer audio detection continuous video streaming detection of multiple login attempts etc In addition to proctoring during the examination post hoc verification must be conducted on the besis of detailed logs and data records maintained by the human proctors and the available system records In cases of observed malpractice the candidates examination should be cancelled by the University
At the time of computation of final scores pest the examination if twO or more cajsobtain the sameuro marks a break of tie should be made by the following procedure and order (i Higher number of correct answers to Legal Reasoning Questions (if) Higher number of correct answers in the overall examinatiOn iii) ComputeriSEld draw of lets
n view of the fotegoing discussion on the available options the Vice Chancellor may take the
final deCision 01 the admissions procedure to be followed for the academic year 2020-21
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Prof (Dr) Sarasu Esther Thomas Professor 8abu Mathew
Dr Kaushik Basu Mr Kunal Ambasta
Ms Sanyukta Chowdhury Ms Nithya Rhea Rajeshekar
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ANNEXURE R-Il4shy
Honble Justice ~1L U C Lalit Judge the Supreme COlit ofIndia ChairmalL Executive C ounci Xational Law School oIIndia 1Jlliversity
36 September 1010
Sub Decision of the Consortium of -iational Law Universities on 28082020 to postpone
CLAT2020
Honble Sir
Greetings from NLSIU Bangalore
The Comonium of National Law Uillversities of which NLSIU is a member has by its llorification dated 28 August 2020 decided to postpone the Conunoll Law Admission Test CLAT) poundiom September to 28 September 2020 The COVID-19 pandemic has caused llntOreseen diftkulties and delays ill the conduct of CLA T 2020 and the repeated postponement of the examination bas resulted in uncertainty for students parents and the participating llliversities
As you are aware the )JLSlU is uniqudy diadvalltaged as it 1011ows a trimester system where eVelY academIC year i made up of three terllls of 90 days duration Moreover each tel111must accollllllod1te 60 hours of classroom imuuctioll ill each comse anc adequately provide for examination and evaluation processes FUl1her the academic offerillg tOr the 3rd 4th and 5th yem of the BI LLB programme as weH as the LLM prograllulle is fully integrated and requires a COllllllon academic calendar Hence if]1-S1U is unable to complete admissions before the end of September 2020 it will inevitably result in a Zero Year vdth no admissions This will deprive law smdellts of the oppommity to pursue their shldies this year at Indias premier law university TheretOre 1-SIC is compelled by the current circumstances to conduct a separate admissions process for the BA LLB ane LLM programmes for the cademic Year 2020-21
This maHer was considered at length at a Faculty Meeting at the University on Augmt 6 2020
when the C onsortiulll postponed the exam from August 22no to September 7 2010 where the Faculty unanimollsly resolved that NLSIU needed to take all measures neeesalY TO avoid a ~Zero Year
Then the lllmtcr Va placed before you in the EXecmive COllncil at its 9 F meeting held 011 1211
August 2020 wherein it was unanimously resolved to authorize the University to develop an ~-
~ltern~tivc admissions process ill the event that CLAT 1020 WilS not conducted on September jh
2020
Accordingly the Vice Chancellor constituted a Faculty Sub-COlllmittee on August ~020 to denlop a revised admission procedumiddote The Sub-Colllmittee concluded that a common entrance test conducted online at the lowest possible application fee would be a 1aiL tn11lsparent and accessible admissiolls process 8t this The proposab of the Sub-Committee were dicllssed at a F ~cnlty Meeting held 011 31 August 2020 After taking into accollnt the suggestions and
revisiom as necessary the Revised Admissioll Notifications for the Academic Year 2020-21 for
the BA LLB programme and LLlvl programme haw been notified
The lniversity aims to initiate and complete the entire proces by mid-September and begin the Academic Term immediately thereafter While the reyisecl admissions process presents a mOllumental task the careers of the students who have worked hard for this opportunity remain
our top priority
The V ice-Chancellor and I will contlllue to apprise the Executive C ouneil of these developments
and ve thank you for your SUppOl at this time
Sincerely
Prof (Dr) SraSll Esther Thoma
Professor of Law and RegistIar liLSIC tvlember Secretary Executive Council
Copy to (1) Members ofthe Execntlye CounciL NLSIlJ (2) Vice-Chancellor NLsn
-
1)pound0pound flt 15 ct
The Faculty
KltIional Law School oflndia University B8ngillolc
3 September- 2020
Sub Decision of the Cousoltiull1 ofKational Law Universities on 28082020 to postpone CLAT 2020
Dear all
~s you are aware the COllsorriulll ofKntiona Law Clliversities of which NLSIC is a membeL has by its notification dated 28th ugnst 2020 decided to postpone the COllllllon Law Admission Test (CLAT) Hom 7 September TO 28 September 2020 The COVID-19 pandemic has caused
uuforesen difficulties and delays in the conduct of CLAT 2020 and the repeated postponement of the examination has resulted ill uncertainty for students parents and the participating
Cuiversities
At the Faculty deeting at the liuivelsity on August 6th 2020 the mailer was considered at
length when the CLA T 2020 wa postponed fiom Angust 2211d 2020 to September 7th 2020 and need to avoid a delayed cademic Term was discllssed NLSlli is lllliqueiy
disadamaged as it follows a nilllestersystem where eely academic year is made up of three
Tenns of 90 days dmmion ldoreover each term 1ll1lSt accommodate 60 hours of classroom illSh11Ctioll in each course and adequately provide tOr examination and evalnation processes
FunheL the aCBdemic offering tor the 3rd 4th and 5th year ofThe BA LLB programme as well
as the LL2gtI programme is fully integrated and requires it COIlllllon academic calendar Hence if NLSlt is unable to complete admissioIlS before the cud of September 2020 it wil iueitably result in a Zero Year with no admissions that deprives law students of the opportunity to pursue their smdies l11i year at Indias premier law university At this meeting the Faculty Imanimously
resolved that NLSIC needed to take all measures necessmy to avoid a Zero Year
Tllereatler the matter was also placed before the Executive Council at its 91t meeting held on
12 August 2020 wherein it was ullanimously resolved to aurholize the University to develop an altemmive admission process in the event that CLAT 2020 was not conducted all September
2020 Therefore NLSlt is cOlllpdled by Ille current cncumstances to conduct a separate admissions process for the B LLB and LLM progrmnmes for the Academic Year 2020-2 L
Accordingly the Vice Chancellor constilllted a Faculty SubmiddotCommittee on 28 August 2020 to
develop a revised admissions procedure The Sub-Commirree concluded that a common ntlance test conducted online at the lowesl possible application fee vould be a fair
lransparem and accessible admissions nrocess at this stage The pro])osals oftlle Sub-Committee - - ~
were discussed at the Facultv Meetimr held on31 Augnst 2020 Afler taking-
into aCCOllll the ~
snggestions and revisions as llece~sm) the Revised AdmJion otificarions for the Academic
Year 2020-21 for the BA LLB programme and programme have been notified on the Cniversity Yeb~ite
The Cniversit aims to initiate and complete the entire process by mid-September and begin the Academic Term immediately thereafter While the reised admissions ploce presents a monumental task the careers of the students who 1mve worked hard for this opportunity remain
our top priority
The Vice-Chancellor and I shall continue to apprise the Faculty of the developments and we thank you for yom SUpjlOlt al this time
Sincere
Prof (Dr) Snmsu Esther Thomas Professor of Law and Registrar ]LSn
ltlember Secretary Executive Council
Copy to (1) Member offacuIty NLSlli
(2) Vice-ChallCellQL NLSIC
~) rRua (IPYshy
JNNEPCUJlpound R-Jb 8
Tlle PI ident
ConSOl1iUlll ofltational Law Cmverities
3 September 2020
Sub Decision of the Consortium dated 270820 to postpone CLAT 2020
Dear Prof VijaykumaL
Guering ilOlll LSru Bangalore
The COVID-19 pDlldemic has caused unforeseen difficulties and delays in the conduct of CLAT
2020 The repeated postponement of the examination has reulred in ullcel1ainty for students
parms and the pmticipating Cuiverstie
LSIl is uniquely disadnmaged as it follows a trimester system where evelY academic year is
made up of three tenlls of 90 days dmation rIoreover each term must accollllllodate 60 hours of classroom instruction in each course and adequately provide for examination and evaluation
processes Further the academic offering for the 31d 4th and 5th year of the BA LLB
pro~ml1111e as well as the LLrl progrmllllle is fully integrated and requires a common academic
calendar
Hence if ll_SIU is unable to complete admissions before the end of September 2020 it will
inevirably resut in a Zero Year with IlO admissions This deprives law sludents of the
opportunity to pursue their mdies tills year at Indias premir law university Therefore ](LSIU
is compelled by the ClliTem circumstance to conduct a separate admissions process for the BA LLB and LLM programmes for the gtcademic Year 1020-21
This matter was considered at length at a F acuIty lHeeting at the Cuiversiry on August 6th 2020 where the Faculty unanimously resolved that NLSIC needed to take all measures nec6sary to avoid a Zero Year The Execmive COllllcil ofte Cniversity the 91s1 EC meeting held in two
sessioLlS 011 12th Ausmst 2020 and 1 Stl August 1020 considered the maner and unanimously- ~
resolved TO authorize the University to develop 0Jl altemative admissions process in tile evem
tlwt CLAT 2020 was not conducted on September 7th 2020
On August 28th the Executive COlllmittee of the COllsortiull of National Law Universities
postponed CLAT 1010 from September 7th to September 28th 2010 III these circulIlstances
NLSIU is compelled to conduct a sepmate admissions process forthe Academic Year 2020-2 L
I reiterate that NLSIU will continue to discharge all its responsibilities as a Founder )middotlember of the COllS011iulll Rncl the Vice-Chancellor in his capacity as ex-officio Secretary-Treasurer shall
extend all necessary SUppOH to the Consortium for the SUCCessful condlct of CLAT 2020 at the
earliest possible date
I am continuously available to clarify any of these developments on the email and the phone e
request yon to take all necessalY steps 10 connmlllicale this to all students who have registered for CLAT 2020 as we lllUICt conduct the admissions process with the least possible
disl1lptioll
Sincerely
Sarasu E1her Thomas Registrar NLSIC
Copy to
(1) vIr Bahaj Chaul13ll CLA T COllvenor (2) Members of the Consortium
~~~2
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AIIIIIIpound1CtfJa R-jrr ~ATIO~AL LAW SCHOOL OF LiDH t7~IVERSITY BEGAIXRl I0 0
PROCTORING PROTOCOLS
THE KATIONAl LAV APTITlDE TEST 2020
NLSIF uims TO ensure that the NLAT 2020 is an accessible smdem-triendly examinmion registered candidares are required TO follow the highest standards ofacademic integrity while raking the res The Proctol1ng Protocols to monitor the examination process are sel om below
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50 lIalpracticf Ownersbi]l PradoI Ation
1 I111pcfsonation Proctor L Record Malpractice I
~(determined at of _ Do not allow the impersonator to starr candidate validmion the xmninatioll prior to cxanllmnion 3 For PWD candidates both the commencement) candidateS and scribes GOV1 Photomiddot
I ID must be verified bull
2 Inappropriate Proctor Proctors will send a message to such surroul1dings ar teSC candidates Please sweep th canlra location External help ill a circle around me place you are solicited (suspected) taking the assessment and i or (Someone otiler than Please tilt rhe devicemiddot keyboard you pennitted scribes are using for the assessment)present in the vicinitv
1 Candidates to show 8 360-degree view candidate looking ill of the emire room by mming on a mher directions webc8m (Iapmpsidesktopsl or fromcontinllollsly
periodically candidate camera (as directed by proctor) talking communicating (mobile devices) tilt the device
Iin any other manner keyboard as instrUCTed dlh SOIlleone other thrill 3 If any 1llla1lthorised person or penllired scribes unauthorised device is observed in the
candidateS vicinity including but not limited to person(s Othef than permitted scribes HDMI cabies extemal devices projection of the feSt screen etc proctors m terminate the candidates examination attempt
I inUlledlately
4 If the proctor observes a phone rabler other device falling slipping when the device keyboard used for the assessment is tilted proctor to terminate the exam immediately
5 Any candidate who fails to comply with the proctors instruction within 45 seconds will be logged OUl of the examination ProcmfS may permit 10 additional seconds in simations where they ill Ildr ciretiol1 determine that
10 ~-()
3
4
5
6
s
~IaljJractke
T alkingiS peaklngJvIaki ng Gestmes (could include gestures that indicate to the proctor candidate may be using another demiddotic~middotmiddot looking at chat applications InirrofJ other screen etc ) VindQw ~ u (Accessing any other window other than the test vinoo)
I
Lac Face not Detected (Candidate not present in front of systenl)
-fllltipJe persons detected
i Foreign Device Observed (~vlobileT ab letsCa leuia tors etc)
Candidates observed
II OwnerSlliL I
Proctor l
0_
3
Systell1 Ii
0_
Proctor l _
3
LProctor _
3
Proctor i
Proctor L
P~()ct()r Actim the candidate may 110t hay noticed l11essages i1-0111 the proctor in the course of anc~llpting the exarlination Send tlyo yarnings m the cnndidare If a candidate persists with this be11ayio1[ the procmf shalt inform tbe Super Proctor Super Proctor may recommend t11m candidates should be conracted through the system for clarification or disqualified
Candidate will be loggerl our of the -xal - middotl1hafmiddoto~h at~middot1 c1 _ ~UCh - ~ 1 dllC1UY I
accounts for occasional 0Jc~m popmiddot ups Inacyertent errors)
Proctor may issue to candidates when the first tiw attempts afe detected
Send one warnjl1~ If the candidate does nor reUlrn within 45 seconds tennlnate the candidates examination attempt immediately Proctors Jllay permit 10 additional seconds in situations Where they in theit discretion determine that the candidate 111ay not hay noticed
--warning messages 110111 the proctor in the conrse of Jttempting the examination Send one vaming to the candidate
~~~~
If the other person does not leave imrnediatcly tenninatt the candidateS fxaluination rmempt immediately Proctors shall when comempla ring the abo1e actions account for a PVD candidmes fhm may be
_cHsing b Candidates that mav be 3D faring~p
for the exarnination at test centres
Send one wamin to the candidate If the candidate still persists terminate the candidate5 ~xalnination attempt immediately Send one to the candidate
7
i f--
S~o r HalpnKtke OWllerlthiJ Acflim
Headphones Blueworh _ Check if the candidate is only using it Audio devices for microphones purposes fle
plugged into systel11 as an external 3uaclled microphone bur candidate is not wearing earptcef h~adset)
o If the candida does nor comply with
the proctors instructions rermilk1te the candidate s examination attempr I immediarely_- ----+-_--shy
9 Simulmn~ou5 login Proctor L Proctors will observe rhe picmres of nne1l1pts 11mlriple candidates fr01l1 all such dcices
~0 _ If ir is observed rhar someone other rhan the candidate is using snell other d~vic~s proctor to renuinme the exafn immediately
3 If a candidate is observed on all snch Ideices proctor will flag the issue for
the Super Proctors anenrion Super Proctor nlay recoffilllend that
Ibull bull
candidates be contacted through the system for claritlcarion or disqualified Further investigation posr the examination may be carried out with help of audit togs generated on the SYSTem and lLSIU may disqualify the cundidllle upon such I eXaJlJnation
10 Any other malpractices Proctor Super Proctors Super Proctors may in nor describe above Proclor addition to situations where Proctors
Super Proctors detect any potential malpracrices as described above ask the candidate to perform any of the aceions described ill this column titied Proctor Action at any lime and tU
their discretion III addition to the demits set om in
these Prorocols~ the Super Proctors shall haVe the authoriry 10 disqualify a candidate terminate the candidate S examination attempr in the event they detect any act or onssion that docs nol comply with the requiremems of inregriry of a test of the llamre of the -LAT 2020
~OTES
j Instructiolls will provided to candidates on the rest screen as well as in advance of rhe examinarioll in a Candidare MannaI in relation to sinrariolls such as power ems internet
3
lo~ faiiures The assessment system used for the NLAT ~020 may permit the candidate to continue ansrering the question paper In events of internet failure hoyever this is subject to the Proctors discretion and subject TO the candidate system re-connecting to the examination interface it11i11 the rhlle and in the l11anner stipnlated ill the Oll~$creell instmctions and the Candidate ManuaL lilile every attempt shall be made to ensure that commullications instructions and requests promptly are delhered to candidates during the examination process candidates shall have the responsibility to ensure that they respond to such communications messages instructions and requests promptly
3 NLSIU reserves the right upon conducting a derailed and thorough sCl1lriny ofrhe system reports generated for short1isted candidates after the exanlination to any such candidates test scores in the event the system reports in KLSICs opinioll reveal any act or omission tllat does no comply 1rh the req1irements of of a res of the namre rhe NLAT 2020
4 NLSIU rnay re-iey update these Protocols at any tilne prior ~o the exarninarlon at discretion All registered candidates shall be Infof1ned of such elSlOllS l1pcla~s prior ro time of their examination
0-+ A~exURR-IebullNATIONAL LAW SCHOOL OF INDIA UNIVERSITY
Post Bag No 7201 NAGARBHAVI BENGALURU bull 56C 242 (Old Code No 560 (72) INDiA
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J A University for Lega Studies and Research sponsored by the Bar Council of IndJa and established under Karnataka Act 22 of 1986
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
IN WRIT PETITION (CIVIL) NO1030 OF 2020
IN THE MATTER OF
RAKESH KUMAR AGARWALLA amp ANR PETITIONERS
VERSUS
NATIONAL LAw SCHOOL OF INDIA UNIVERSITY
BENGALURU amp ORS RESPONDENTS
APPLICATION ON BEHALF OF RESPONDENT NO1
SEEKING EXEMPTION FROM FILING DULY ATTESTED
ORIGINAL COUNTER AFFIDAVIT
TO
THE HONBLE CHIEF JUSTICE AND
OTHER HONBLE JUDGES OF THE
HONBLE SUPREME COURT OF INDIA
THE HUMBLE APPLICATION OF THE
RESPONDENT NO1 ABOVE NAMED
MOST RESPECTFULLY SHEWETH 1 That the respondent No1 is filing the accompanying Counter
Affidavit of its authorized representative in the present matter
2 That the Respondent No1 craves leave of this Honble Court to
refer to and rely upon the contents of the accompanying countershy
affidavit
loi 3 That due to the situation prevailing on account of corona virus
pandemic the authorized representative of the respondent No1
is unable to get her Counter Affidavit duly attested f notarized
Accordingly the respondent No1 is constrained to file the nonshy
attested signed affidavit in support of the present countershy
affidavit
4 That in the light of the above-mentioned facts and circumstances
which are beyond the control of the Respondent No1 it is
imperative that the Respondent No1 is exempted from filing the
duly attested Affidavit in support of the present counter-affidavit
5 That the present application is made bonafide and deserves to be
allowed in the interest of justice
PRAYER
It is therefore most respectfully prayed that this Honble Court
may graciously be pleased to allow this application and
(i) Exempt the Respondent No1 from filing of the duly attested
original Counter Affidavit and
(ii) Pass such order(s) as this Honble Court may deem fit and proper
in the facts and circumstances of the present case
AND FOR THIS ACT OF KINDNESS THE APPLICANTS AS IN DUTY
BOUND SHALL EVER PRAY
FILED By
~ (KUMAR DUSHYANT SINGH)
ADVOCATE FOR THE RESPONDENT No1 FILED ON 14092020
ItJ1
iN SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
IN WRiT PETITION ViL) NO1030 OF 2020
rnON[HS
VERSlS NnOiIL LNV SCHOO GF INDiA UrJ1VERSiTY
l~G Ul-ZU amp OFS
AFFIDAVIT ) fhO[vlS fv1L Nt Thornas
years at Faculty Quarters Block 2 National ind Nagarbhavi Bengaluru 560072 do afffr and statG on oath as under
the Respondent NO1 in the present
VJith of the case and
affirrn to this affidavlt
2 the contents of accompanying application exenlption are
true correct ~o my Knowledge and belief nOthing rrt3hrial
llas concealed ti
VERIFICATION
at Bengau(u on)~ cay of September 2020 that the
contents of above affidavit are true and correct to my knOWledge and
and nothIng rnateria has concealed therefrom
INDEX
SR PARTICULARS PAGE No No 1 COUNTER AFFIDAVIT ON BEHALF OF THE
RESPONDENT No1 I-4
2 ANNEXURE-R-1I1 True Copy of the relevant extract of the Minutes of the First Meeting of the Executive Council 1-+0
3 ANNEXURE-R-12 True Copy of the minutes of the meeting dated 41-St 12121987
4 ANNEXURE-R-1I3 I I True Copy of the minutes of the meeting of the ~()~
Executive Council of NLSIU dated 27012007
5 AN NEXURE-R-14 True Copy of the minutes of the meeting of the Executive Council of NLSIU dated 13052007 ~S
6 ANNEXURE-R-15 True Copy of the order dated 28112018 in WP(C) NO600 of 2015 titled as Shamnad ~16 Basher Vs Union of India
7 ANNEXURE-R-16 True Copy of the relevant extract from the Executive Committees Resolution dated T 11091988
8 ANNEXURE-R-17 A detailed note explaining the aforesaid timeframe required for completion of an academic year -fS
9 ANNEXURE-R-18 True Copy of the Communication of Nirma 7ampUniversity to the Registrar of NLSIU dated
I 12092020
I 10 ANNEXURE-R-19 I True Copy of the table prepared by the Respondent No2 and produced in his Counter- i ~1-~o Affidavit describing the said efforts
I 11 ANNEXURE-R-110
True Copy of minutes of the faculty meeting dated 11-1 3 middot 06082020
12 ANNEXURE-R-1I11 91 8tTrue Copy of the draft minutes of the
Executive Council meetings dated 12082020 and t+--f18082020
13 ANNEXURE-R-112 True Copy of the Report of the Admissions
I Committee trD I
bull 14 ANNEXURE-R-113 True Copy of the minutes of the Faculty Meeting ~I-ladated 31082020
15 ANNEXURE-R-114 True Copy of the Communication dated 03092020 regarding NLAT 2020 issued to the ~+-t)~Nominee of the Chancellor and Executive Council members
16 ANNEXURE-R-115 True Copy of the Communication dated -~03092020 regarding NLAT 2020 addressed to
i the Faculty of NLSIU
I 17 ANNEXURE-R-116
True Copy of the Communication dated f-ttc)03092020 regarding NLAT 2020 addressed to the Consortium of National Law Universities
18 ANNEXURE-R-117 The Proctoring Protocol established by NLSIU to loo-oi effElctivelv detect candidate malpractice
I
I
19 ANNEXURE-R-118 True Copy of the press release issued by NLSIU on 12092020 depicting the said facts
18 ApPLICATION ON BEHALF OF RESPONDENT No1 SEEKING EXEMPTION FROM FILING DULY ATTESTED ORIGINAL COUNTER AFFIDAVIT
14shy
~oSI I
1 IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
IN WRIT PETITION (CIVIL) NO1 030 OF 2020
IN THE MATTER OF
RAKESH KUMAR AGARWALLA amp ANR
VERSUS
NATIONAL LAW SCHOOL OF INDIA UNIVERSITY BENGALURU amp ORS
PETITIONERS
RESPONDENTS
COUNTER-AFFIDAVIT OF RESPONDENT NO1
I Prof Sarasu Esther Thomas daughter of Mr AM Thomas
aged about47 years residing at Faculty Quarters Block 2 National Law
School of India University Nagarbhavi Bangalore - 560 072 Registrar
of the Respondent No1-University (NLSIU) solemnly swear on oath
and state as follows
1 The above Writ Petition is not maintainable is without merits and
liable to be dismissed in limine
2 The above Petition is filed calling in question the decision of
NLSIU to hold an admissions test called National Law Admissions
Test 2020 (NLAT 2020) for selecting candidates to join the five-
year BALLB (Hons) undergraduate programme and one-year
LLM postgraduate programme
3 NLSIU submits that the above Writ Petition is liable to be
dismissed for the following reasons
a The Petitioners lack focus standi to maintain the present
Petition
b The decision to implement NLAT 2020 is entirely justified in
the facts of the case and is in the public interest and in the
interest of students at large because implementation of
NLAT 2020 is the only way to avoid a Zero Year where
students will lose the opportunity to join NLSIU in the
current academic year
The academic year at NLSIU must be of at least 285 days
duration for reasons more fully explained herein below
The academic year for the incoming batch of first-year
students for the Academic Year 2020-21 will fall short of
285 days if NLSIU does not complete admissions by
18092020
Therefore postponement of CLAT 2020 from 07092020 to
28092020 rendered completion of admissions to NLSIU
and commencement of term by 18092020 impossible To
ensure that students aspiring to join classes in Academic
3 Year 2020-21 were not consequently denied the
opportunity to study in NLSIU NLSIU implemented NLAT
2020
c The implementation of NLAT 2020 is also permitted under
and in accordance with applicable law As per the NLSI
Act the Executive Council is the Chief Executive Body of
NLSIU The Executive Council has categorically authorised
the Respondent No1 conduct its own admissions process
The impugned examination NLAT is held pursuant to the
said categorical and unanimous decision of the Executive
Council
Further the Memorandum of Association and Bye-Laws of
the Consortium of National Law Schools which conducts
the CLAT exam do not prohibit a member from conducting
its own admissions test to determine admissions especially
when CLAT is not held by the Consortium In any event
even assuming without admitting that the Bye-Laws do not
permit it the same would result purely in a dispute amongst
members of Consortium and cannot be urged in this Writ
Petition
Re Maintainabilitv
4 The Petitioner No1 claims to be the father of an aspiring law
student However absolutely no materials are placed on record to
depict the said fact Further it is neither averred that the child of
the Petitioner No1 is a minor nor is any material or evidence
depicting his I her minor status placed on record As such the
Petitioner No1 has no right to move the Petition on behalf of his
child
5 Pertinently no student has himself or herself filed any
proceedings calling NLAT 2020 in question before this Honble
Court
6 The Petitioner No2 is the Chairperson of a private law college
viz Vivekananda Institute of Professional Studies Every
institution imparting legal education in the country has an interest
in the outcome of the present litigation The above college is not a
member of the Consortium and Petitioner No2 is not aggrieved in
any manner It is also sad that the Petitioner No2 having been
the Vice-Chancellor has chosen to file this writ petition knowing
28thfully well that holding the exam tentatively on September
would have resulted in a complete washout for NLSIU On the
5 other hand the other 21 colleges would not be affected as they
follow a semester system
7 Without prejudice to the foregoing preliminary contentions
regarding maintainability NLSIU craves leave to submit
regarding the merits of the matter as follows
RE FACTUAL BACKDROP RELATING TO NLAT 2020
Brief Background regarding NLSIU
8 NLSIU is established pursuant to a joint initiative of the Honble
Judiciary the Bar Council of India (BCI) and the Karnataka Bar
Council with a view to create a premier institution of legal
education in India It was set up by the National Law School of
India Society established by BCI Trust as a society under
Karnataka Societies Registration Act 1960 comprising members
of the Bar and legal academics to establish a leading national
institution for legal studies The said society approached the
Government of Karnataka to host the school in Karnataka The
State of Karnataka agreeing to such request enactedthe
National Law School of India Act 1986 (Karnataka Act No22 of
1986) for this purpose (NLSI Act)
9 NLSIU which was established as an autonomous national-level
institution under the NLSI Act is now recognized globally as the
premier institution for imparting legal education in the country to
students from India and overseas
10 NLSIU at present offers the following courses of legal study
a five-year undergraduate programme leading to the award of
BA LLB (Hons) degree
b one-year postgraduate programme leading to the award of
LlM degree
c two years Master of Public Policy post graduate
programme and
d Ph D I M Phil Research Degree programme
11 NLSIU carries out its functions autonomously regulated by its
governing bodies under the NLSI Act in consonance with the
professional legal education standards prescribed by the BCI In
exercise of its said autonomy NLSIU defines its own pedagogy
and the structure of the courses of legal studies to be offered by
it as also various structural elements such as its academic
calendar faculty intake and capacity etcetera
Brief Background regarding Historv ofAdmissions to NLSIU and Genesis of eLA T
12 From inception NLSIU has had autonomy in determination of its
admissions process The mode of admission into the University
was originally fixed by the Executive Council in its first meeting
dated 29081987 to 30081987 wherein it was decided as
follows
I The draft proposal of the Academic Council to Actions have the selection of the students done through will be an All India admission test and interview was taken as approved The procedure for admission Test per the and the selection may be decided by the decision Academic Council and implemented by the of the Director However the Executive Council Executive disapproved the recommendation of the Council Academic Council to pay one-way second-class train fare to the students called for the interview
The Council noted the sample objective type question paper presented by the two experts on the request of Professor Upendra Baxi However the matter for finalizing the test was left to the Academic Council and the Director The Council noted the format of admission Test provided by MIs RC Mishra and CB Dwivedi of Banaras Hindu University as the instance of Professor Upendra Baxi
True Copy of the relevant extract of the Minutes of the First
Meeting of the Executive Council is annexed herewith and
marked as ANNEXURE-R-11 (Page No l-40)
13 Pursuant thereto the Academic Council of NLSIU met on
12121987 and resolved the final procedure for admission True
Copy of the minutes of the meeting dated 12121987 is annexed
herewith as ANNEXURE-R-1I2 (Page No 51)
14 Until 2007 NLSIU was conducting its own entrance examination
for admissions into its various programmes Pertinently even till
date NLSIU continues to conduct its own admissions process for
the MPP programme and Ph D programme mentioned in
paragraphs 1 O(c) and 10(d) above
15 In or around 2007 in the backdrop of proceedings before this
Honble Court in Varun Bhagat v Union of India and Ors
wP(C) No 68 of 2006 a meeting of the (then-existing) seven
National Law Universities was convened by the Ministry of
Human Resource Development to consider implementation of a
joint entrance examination for admission to the said NLUs The
seven NLUs entered into an MOU to conduct a common test
J known as the Common law Admission Test (ClAT) It was
agreed that each participating University shall conduct the exam
by rotation The matter of adopting such a common entrance test
was also deliberated by the Executive Council of NlSIU in its
meetings dated 27012007 and13052007 wherein the
Executive Council directed that NlSIU should ensure it plays a
lead role in implementation of such common entrance test True
Copy of the minutes of the meeting of the Executive Council of
NlSIU dated 27012007 is annexed herewith and marked as
ANNEXURE-R-113 (Page No +)
True Copy of the minutes of the meeting of the Executive Council
of NlSIU dated 13052007 is annexed herewith and marked as
ANNEXURE-R-114 (Page No S 16 Thereafter the ClAT process itself was called in question before
this Honble Court in two separate proceedings ie Shamnad
Basheer v Union of India WP(C) No 600 of 2015 and Disha
Panchal v Union of India WP(C) No 551 of 2018 In Disha
Panchars case where grievances relating to ClAT 2018were
raised this Honble Court directed the Ministry of Human
Resource Development to appoint a Committee to investigate
1o CLA T 2018 suggest remedial measures and look into future
arrangements for the exam and this Honble Court also observed
that the idea of different NLUs conducting the exam each year
needs to be revisited In Shamnad Basheers case four issues
were raised regarding CLAT namely (a) the decision of the
Universities to conduct the exam in turn by rotation (b) the
quality of the exam itself (c) the integrity of the exam and (d)
issues relating to accessibility particularly amongst
underprivileged segments of society
17 The concerned NLUs in this backdrop and independently of any
directions of the Honble Courts in the said proceedings resolved
to establish a Permanent CLAT Secretariat at NLSIU Bangalore
by incorporating a registered society namely the Consortium of
National Law Universities A plain reading of the Memorandum of
Association and Bye-Laws of the Consortium clearly
demonstrates that the objectives and purposes for which it was
formed were multifarious in nature and not restricted to
conducting the entrance exams The concerned NLUs further
decided that the said society would be responsible for conducting
the exam under the leadership of the Consortiums Executive
Council Based on the said decision the Respondent NO3 (the
Consortium) was formed as a society under the Karnataka
Societies Registration Act 1960 NLiSU was given a central and
prominent role in the Consortium and it was decided that the
Secretariat would be permanently located at NLSIU Bangalore in
order to address the concerns raised in Shamnad Basheers
case
18 The Petitioner in the said case however(relying on an Expert
Committee Report submitted in Disha Panchals case
recommending that a government agency be mandated with
conduct of CLAT sincemiddot rotation-based implementation by
individual colleges was undesirable which Report had been
submitted prior to constitution of the permanent Consortium
Secretariat) pressed for the National Testing Agency to be
entrusted with conducting CLAT This Honble Court vide its
latest Order in the above proceedings dated 28112018 directed
the Ministry of Human Resource Development to convene a
meeting amongst the stakeholders to consider this prayer True
Copy of the order dated 28112018 in wp(C) NO600 of 2015
12 titled as Shamnad Basher Vs Union of India is annexed
herewith as ANNEXURE-R-1f5 (Page No amp-I-J) However thereafter there have been no further proceedings in
the said case
19 As is clear from the foregoing establishment of the Consortium
and CLA T were purely voluntary decisions taken by the
respective NLUs pursuant to deliberations amongst them and in
order to resolve issues and concerns that had been raised by
various stakeholders including in the afore-described
proceedings before this Honble Court Further and specifically
to the best of the Answering Respondents knowledge - and on a
perusal of the various Orders of this Honble Court in the
aforesaid proceedings- it is crystal clear that this Honble Court
did not issue any directions to establish or implement either a
common law entrance exam or a Consortium of National Law
Universities In fact even the Petitioners do not rely on any such
Orders
20 The voluntary nature of participation in the Consortium and
consequently CLAT is also established by the fact that the Bye-
Laws of the Consortium itself provide for voluntary withdrawal
13 which could never have been permitted if the Petitioners
contention that it was the result of Orders of the Honble Court is
correct
21 NLSIU as a party to the deliberations amongst the NLUs
described above has been at the forefront of implementing
CLAT and also taking continuous measures to enhance and
improve the CLAT admissions process right from the inception
and till date
Events relating to CLAT 2020 Inordinate Delay in Holding CLA T 2020
22 Even for the Academic Year 2020-21 NLSIU actively partiCipated
in the announcement and implementation process of CLAT 2020
23 As per the original schedule for CLAT 2020 the exam was to be
conducted on 10052020
24 However starting from March 2020 and thereafter the
Consortium resolved from time-to-time to reschedule the CLAT
2020 due to the COVID-19 pandemic as follows
Date of decision to Rescheduled Rescheduled Decision reschedule from - Date to- Date taken by
21042020 10052020 21062020 General Body
18052020 21062020 To be notified Executive Council
14shyI
29062020
05082020 I
10082020
28082020
NA
I
22082020
NA
07092020
22082020
To be notified
07092020
28092020
Executive Council
Executive Council
General Bodv
I Executive bullCouncil
25 As is clear from the foregoing CLAT 2020 which was originally to
be held on 10052020 now stands delayed by more than four
months to 28092020
26 The aforesaid decision to postpone CLA T 2020 to 28092020
would have compelled NLSIU if it were to rely on CLAT to
complete its admissions to declare a Zero Year ie forgo
admissions into the first year of its BA LLB and LLM
programme for the reasons explained hereafter
27 NLSIU amongst 23 NLUs is the only NLU which maintains a
trimester system-based academic calendar The trimester system
is implemented as per the decision of the Executive Council of
NLSIU in its 4th meeting held on 11091988 The Executive
Council in the said meeting decided that each Academic Year
shall be divided into 3 academic terms of mandatory 70 working
days each True Copy of the relevant extract from the Executive
S Committees Resolution dated 11091988 is annexed herewith as
AN N EXURE-R-1 16 (Page No J)
28 The requirement to hold mandatory seventy working days in each
trimester rests on the fact that NLSIU offered a novel integrated
five year dual-degree programme that would otherwise take six
years to effectively deliver In this backdrop in order to comply
with applicable UGC guidelines and justify a five-year
programme the University devised a trimester-based model
which could sustain the additional workload and justify the five-
year timeframe The same therefore necessarily requires an
academic year to be at least 285 days long (even if the usual 15
days break at the end of each term required for evaluation and
analysis is reduced to 5 days) A detailed note explaining the
aforesaid timeframe required for completion of an academic year
are annexed herewith as ANNEXURE-R-17(Page NOT~
29 Therefore the requirement to complete 285 days in the Academic
Year 2020-21 coupled with the requirement to start the next
academic year (2021-22) on 01072021 meant that NLSIU has
to start its first-year classes for the Academic Year 2020-21 by no
later than 18092020
I 30 Pertinently the impact of delays in CLAT on academic calendars
is not only real but also felt by other institutions For example
Nirma University which conducts its LLM programme on the
basis of trimester system was constrained to withdraw from
CLAT 2020 due to the delays in conduct of the same True Copy
of the Communication of Nirma University to the Registrar of
NLSIU dated 12092020 is annexed herewith and marked as
ANNEXURE-R-1S (Page NO-=t-)
NLSIUs Efforts to Complete Admissions through eLAT 2020 Process
31 NLSIU in view of the need to complete admissions and
commencement of the course by 18092020 made substantial
bona fide efforts to convince the Consortium to facilitate the
conduct of CLA T 2020 in a timely manner
32 The Respondent No2 has in his Counter-Affidavit laid out the
efforts made by him to avoid postponement of CLAT 2020 NLSIU
adopts the averments made in this behalf in full True Copy of the
table prepared by the Respondent No2 and produced in his
Counter-Affidavit describing the said efforts is annexed herewith
as ANNEXURE-R-19 (Page No i1f~
33 Further in light of the repeated delays when CLAT 2020 was
postponed on 28082020 to 07092020 NLSIU also proposed
several alternatives to the Consortium which would enable
universities to complete their admissions within the timeframe
required whilst leaving it open to members if they so choose to
delay their admissions process The options furnished were (a)
for NLUs to proceed with their own admission process for 2020shy
21 (b) allow for CLAT 2020 to be conducted in two series so that
Universities may choose an earlier or later date and (c) for NLUs
to admit CLAT-enrolled students to appear for separate exams
conducted by the NLUs with no further need for registration or
fee payment However the members of the Consortium did not
agree to any of the alternatives suggested Subsequently on
10082020 the General Body of the Consortium met and
decided to hold CLAT 2020 on 07092020 If CLAT 2020 was so
held it would have enabled NLSIU to complete the admissions
process in time to meet the requirements of its academic
calendar
Faculty and Executive Council Decision re Alternative Admissions Process Announcement of NLAT 2020
34 The Faculty of NLSIU at their meeting dated 06082020 had
considered a short presentation made by the Registrar of NLSIU
on the effect of the postponement on NLSIUs admissions cycle
and academic year and noted the dangers of a Zero Year
including loss of talent to the University loss of opportunity by
students to study at NLSIU and monetary losses over 5 years
The Faculty in this backdrop unanimously resolved that NLSIU
needed to take all measures necessary to avoid a Zero Year
True Copy of minutes of the faculty meeting dated 06082020 is
annexed herewith as ANNEXURE-R-110 (Page NOI)
35 As the continued delays in CLAT 2020 would frustrate NLSIUs
academic calendar the Executive Council at its 91 51 Executive
Committee meetings dated 12082020 and 18082020 resolved
and directed the University to implement an independent
admissions process if the CLA T 2020 was further delayed beyond
07092020 True Copy of the draft minutes of the 91 s1 Executive
Council meetings dated 12082020 and 18082020 is annexed
herewith and marked as ANNEXURE-R-111 (Page NO +- tamp)
Efforts taken to Implement NLA T 2020 Effectively with Engagement of All Stakeholders
36 NLSIU being left with no other alternative had to act with alacrity
to complete the admissions process and commence classes by
18092020 and avoid a Zero Year
37 In this backdrop and pursuant to the directions and instructions of
the Executive Council at the meetings dated 12082020 and
18082020 to devise alternative methods to complete
admissions the Respondent No2 convened a Admissions
Committee to consider the modalities for completing admissions
The Admissions Committee considered three options for
admission for incoming students First a centre-based computer
entrance examination Second a home-based online examination
for all students and Third a three-stage process providing weight
age to 10+2 marks online entrance examination and an
interview
38 The Admissions Committee in weighing the feasibility of the
aforesaid options took into account all relevant factors including
the time constraints and costs the requirement to ensure that
candidates are not put to any undue disadvantage as a result of
the decision and also the prevailing practice of NLSIU prior to the
introduction of the CLAT to conclude that an entrance test
conducted online at the earliest and with the lowest possible
application fee would constitute the most fair transparent and
accessible admissions process in the above circumstances The
Admissions Committee expressly noted that the said approach
would be in line with the decision of the Executive Council in its
meeting dated 28081987-30081987 as also the subsequent
decision dated 12121987 of the Academic Council whilst
implementing the aforesaid view of the Executive Council (which
decisions are more fully described hereinafter)True copy of the
Report of the Admissions Committee is annexed herewith and
marked as ANNEXURE-R-112 (Page No S=J) 39 On 31082020 NLSIU convened a Faculty Meeting and the
proposals of the Admissions Committee were duly deliberated
and accepted The Faculty unanimously agreed that a separate
admissions procedure would be in the best interests of the
students and NLSIU True Copy of the minutes of the Faculty
2 Meeting dated 31082020 is annexed herewith and marked as
ANNEXURE-R-113 (Page N0-11)
40 Pursuant thereto the Vice-Chancellor formed a team consisting
of faculty members and professionals to finalize the modalities of
the examination and also appoint after evaluation the
appropriate service providers to facilitate the conduct of the
examination
41 Thereafter once these actions were completed by the said team
and the modalities were frozen the Respondent No2
communicated I caused to be communicated through the
Registrar the final arrangements to the Nominee of the
Chancellor the Executive Council the Faculty of NLSIU and also
the Consortium itself The details regarding the same as also the
conversation between the Respondent No2 and the nominee of
the Chancellor of NLSIU are averred by Respondent No2 in his
Counter-Affidavit NLSIU craves leave to adopt the said
averments True Copy of the Communication dated 03092020
regarding NLA T 2020 issued to the Nominee of the Chancellor
and Executive Council members is annexed herewith as
ANNEXURE-R-114 (Page No ~V
True Copy of the Communication dated 03092020 regarding
NLAT 2020 addressed to the Faculty of NLSIU is annexed
herewith as ANNEXURE-R-115 (Page No -1) True Copy of the Communication dated 03092020 regarding
NLA T 2020 addressed to the Consortium of National Law
Universities is annexed herewith and marked as
ANNEXURE-R-116 (Page No It)
42 Therefore the decision to hold NLAT 2020 was notified on
03092020 only upon completing the processes described
above and with due and full disclosure to internal stakeholders
the Executive Council as also the Consortium itself
43 It is in the above factual backdrop and pursuant to permission
granted by this Honble Court in its Order dated 11092020 in the
above proceedings that NLSIU has implemented NLAT 2020 with
a view to avoid declaring a Zero Year
RE LEGALITY OF NLAT 2020
Re Statutory Power of NLSIU to Convene NLA T 2020 Scope of Executive Councils Powers under Statute
23 44 NLAT 2020 is implemented by NLSIU in the aforesaid factual
backdrop and in exercise of its statutory powers and functions
Pertinently it is implemented pursuant to and in terms of the
express decision of the Executive Council in the 91 stExecutive
Council Meeting wherein in the second session of the said
meeting held on 18082020 it was resolved as follows
The Executive Council unanimously reconfirmed this resolution to empower the Vice Chancelor and the University to conduct an independent admission process in the event that CLAT 2020 is delayed furthet
45 The power of the Executive Council to make this decision is
manifest from Section 10 of the NLSI Act which provides as
follows
10 The Executive Councilshy
(1) The Executive Council shall be the chief executive body of the School
(2) The administration management and control of the School and the income thereof shall be vested with the Executive Council
46 Even as per the settled law laid down by this Honble Court in
TMA Pai Foundation v State of Kamataka (2002) 8 SCC 481
the right of the educational institution under Article 19(1 )(g) of the
Constitution as recognised by this Honble Court encompasses
the right to admit students In the said Judgment at para 50 this
Honble Court held as follows
50 The right to establish and administer broadly comprises the following rights
(a) to admit students (b) to set up a reasonable fee structure (c) to constitute a governing body (d) to appoint staff (teaching and non-teaching) and (e) to take action if there is dereliction of duty on the part of any employees
47 As a matter of historical practice as well the Executive Council is
the supreme authority which is empowered to take decisions as
the chief executive body of the school The same is evidenced
from
a The decision of the First Executive Council meeting dated
29081987 - 30081987 wherein the mode of admission
is decided (produced above as Annexure R 1) and
b The decision at the Executive Council meetings dated
27012007 and 13052007 regarding admission through a
common entrance test (produced above as Annexure-R-13
and Annexure R-14 respectively)
2S 48 It is therefore indisputable that the determination of the method
of admission to NLSIU vests under the statute with the
Executive Council
49 The related contention that the Executive Council cannot decide
on the mode of admission without reference to the Academic
Council is misconceived The said contention is asserted on the
basis of conditionality imposed by the Second Proviso to Section
13 of the NLSI Act requiring that the Executive Council seek the
concurrence of the Academic Council before making amending
or repealing any regulations regarding the mode of enrolment or
admission of students As is clear from a plain reading of the said
provision the requirement for prior concurrence arises when the
Executive Council exercises its power to make regulations
50 In the present case there are no extant regulations in place
regarding or in respect of admissions into NLSIU
51 It is well-settled as per the law laid down by this Honble Court in
PTC India vs Central Electricity Regulation Commission (2010) 4
SCC 603 that the executive or administrative power vested in a
body under statute can be exercised independently of and
without recourse to subordinate legislative power vested in it
under the same statute In the present case the Executive
Council has exercised its executive or administrative power
which is not conditioned in any manner
52 The other contention sought to be urged in this regard that the
Vice-Chancellors decisions to hold NlAT 2020 do not fall within
the scope of are not authorized by the aforesaid decision of the
Executive Council dated 1218092020is also misconceived In
the first instance the said contention is wholly false for reasons
stated in the Counter-Affidavit of the Respondent No2 (the Vice-
Chancellor of the Respondent NO1-University) and the same is
fully reiterated herein In any event the said contention is also
untenable in law in view of Regulation 12 (re the Executive
Councils powers of delegation to the Vice-Chancellor)
Regulation 18(2) (re the Vice-Chancellors powers co-extensive
to the Executive Council) and Regulation 18(5) (re the
emergency powers of the Vice-Chancellor)
Re NLSIUs Power and Right to Conduct an Alternative Admissions Test to CLA T 2020 is not Constrained bv Orders of the Honble Courts
2~ 53 NLSIU adopted CLAT for purposes of admissions on a voluntary
basis
54 It is denied that there are any judicial directions to the NLUs to
hold CLA T In fact the Rajasthan High Court in respect of a
prayer for directions to NLU Delhi to admit students through
CLAT refused to do so in the case of Law Prep Tutorials Pvt
Ltd v Union of India DB Civil WP(PIL) No 754 of 2017 by
holding as follows
So far joining or not of a particular University in the Common Law Admission Test is concerned as at present we are unable to find any specific legal requirement where for any particular University may be directed to join the Common Law Admission Test by the Court Further the issues as to how the admission process and the examination process is to be conducted are required to be left for the decision and execution by the organising University Therefore as regards prayers Nos 4 and 5 we are not persuaded to entertain this petition
[Emphasis supplied]
55 The convenor of CLAT at that time viz Gujarat National Law
University was a party to the above case Therefore the
Consortium now cannot contend that CLAT is a mandatory
requirement for NLUs which contention is squarely contrary to
the aforesaid finding
56 In fact the Petitioners themselves do not rely upon any directions
of the Honble Courts in relation to establishment of CLAT or
adoption of the same The reference made to the Preamble of the
Consortiums Memorandum of Association in this behalf is
misconceived The language therein clearly depicts that this
Honble Court directed the Ministry of Human Resource
Development to convene a meeting amongst NLUs and the NLUs
then proceeded to consider the matter and resolved voluntarily
to conduct the CLAT exam The relevant recitals in this regard
as extracted below
AND WHEREAS on the direction issued by the Honble Supreme Court in Varun Bhagat v Union of India [WP NO68 of 2006 decided on 23112007] and due deliberations made by the University Grants Commission Ministry of Human Resource Development Government of India and the Council with the first seven NLUs the idea to conduct a combined test for all the thenshyexisting NLUs was conceptualized
AND WHEREAS seven existing NLUs in the year 2008 signed the Memorandum of Understanding dated November 23 2007 [the MoU] to hold a combined admission test to be organised by an NLU on rotation basis in the order of seniority
57 There are no Orders whatsoever in any of the proceedings
before this Honble Court requiring that CLAT be implemented It
is reiterated that the Petitioners themselves have neither referred
to nor produced any such Orders
58 The fact that the decision to stop implementation of the exam by
each participant-NLU on a rotational basis the establishment of
the permanent consortium and the inclusion of new universities
did not require any approval from this Honble Court also belies
the contention that the requirement to conduct CLAT arises from
Orders of this Honble Court
59 Further the fact that directions for modification of the process are
sought in Shamnad Basheers case have been entertained
without requiring the Petitioner therein to file a Review Petition
also establishes the said fact
Re Bye-Laws of Consortium
60 The contention that NLSIU is bound to admit students only
through CLAT in terms of the Bye-Laws of the Consortium and
specifically Bye-Law 1533 is entirely baseless for the following
reasons
c The Bye-Laws are a subordinate charter document binding
on the members The same cannot detract from or inhibit
the plenary statutory power conferred on the Executive
Council by the NLSI Act
d In any event Bye-Law 1533 relied upon by the
Petitioners does not have the effect as claimed by them
The said Bye-Law merely requires members in order to
eligible for membership to the society to adopt CLAT as a
mode of admission When read keeping in mind its object
and purpose the said Bye-Law cannot be construed to
require any member of the Consortium to admit students
only through CLAT even if the CLAT is not held ie the
Bye-Laws can never require a member to not admit
students at aiL
e In fact the Consortium itself has not understood or
implemented the Bye-Laws in this manner as is apparent
from the fact that all the NLUs are admitting students into
various programmes carried out by them (other than BA
LLB and LLM programmes) throughout without reference
to CLAT Therefore it is clear that all admissions to the
3National Law Universities are not on the basis of the CLAT
exam Therefore the contention that Clause 1533 of the
Bye-Laws compulsorily requires admissions to be based on
the CLAT is untenable and without basis
f Even assuming without admitting that the Bye-Laws have
the contended effect the same can only be actionable at
the instance of the society or any other members
Re NLAT Process
61 NLSIU as demonstrated above has the right to conduct its own
admission process in terms of its own statute In exercising this
right NLSIU has taken immense efforts and steps to ensure that
the test is lawful and also fair and reasonable
62 In the first instance the NLAT 2020 meets the triple test ie it
must be fair transparent and non-exploitative The NLAT 2020 is
fair insofar as it ensures an examination process that is
intellectually rigorous and meets the standards of integrity in order
to suitably judge the merit of ali candidates The selection of
candidates is based solely on their scores in the entrance exam
It has also been designed and implemented in a transparent
3) manner The examination is transparent as details thereof as
also the reasons therefore have been set out in detail through the
impugned notification NLAT 2020 is also implemented in a non-
exploitative manner by limiting the application fee for the test to
just RS150- for general candidates and Rs125- for SC and ST
candidates in order to ensure that students are not put to financial
burden due to the NLAT Further since the exam is an online
home-based examination students do not need to physically go
to an additional test centre
63 Apart from the same the authorities have also taken various
measures to ensure (a) accessibility and (b) prevent malpractices
These include
g NLSIU significantly relaxed the technological requirements
for candidates allowing them to take the examination with
minimal internet speeds and using a wide variety of
devices including Android smart phones and tablets
NLSIU also made available as many as 33 physical test
centres across the country in order to provide access to
students lacking the necessary infrastructure to appear for
~3 NLAT 2020 from home NLSIU further ensured that
necessary health and safety protocols were rigorously
adhered to at the said physical centres
h With a view to prevent malpractices NLAT 2020 is making
use of a combination of AI-based and human proctoring
Additionally the test structure has been designed in a
manner that minimises the possibility of candidate
malpractices This includes candidates not being able to
revisit a question that they have already viewed and moved
past and the randomisation of the sequence in which
questions are displayed to candidates Furthermore the
questions for the NLA T 2020 have been drafted in a
manner that requires interpretative answers which
minimises the utility of referring to the internet or other
sources for answers Since the examination is an online
examination all relevant data (including webcam recording
sound recording keystroke information data relevant for
facial detection window switches etcetera)necessary to
detect malpractices are stored and available with NLSIU
The said data will be critically reviewed and analysed prior
to completion of the admissions process Therefore even if
any malpractice has occurred the same will not and
cannot result in a student gaining admission to NLSIU
through unfair means The Proctoring Protocol established
by NLSIU to effectively detect candidate malpractice is
annexed herewith as ANNEXURE-R-117 (Page NO
64 Pursuant to the aforesaid efforts made by NLSIU to ensure
admissions to its programmes and avoid a Zero Year and
pursuant to the Orders of this Honble Court permitting NLSIU on
11092020 to conduct NLA T 2020 a total of 23225 UG
candidates and 2846 PG candidates appeared for the
examination on 120920200f this number a total of 122 PWD
candidates appeared for NLAT 2020 True Copy of the press
release issued by NLSIU on 12092020 depicting the said facts is
annexed herewith as ANNEXURE-R-118 (Page NOD4-)
65 In order to address any concerns that may arise amongst
candidates who have taken the exam NLSIU has also
established a three-stage comprehensive redressal mechanism
comprised of
i Technical Review Committee This Committee is
constituted to consider queries raised by candidates
regarding any technical difficulties in the NLAT 2020which
could be raised online within the web portal itself The
Technical Review Committee consists of Dr Sony
Pellissery Dr Kaushik Babu and Ms Apoorva Gupta
j Objections Committee This Committee is set up to
consider objections submitted by candidates in response to
the Answer Key for NLAT 2020 The Universitys
Objections Committee comprises Prof (Dr) Sarasu Esther
Thomas Prof (Dr) Mrinal Satish Prof (Dr) Arul Mani and
Assistant Prof (Dr) Bipin Sony The Objections Committee
will release the Final Answer Key on 14th September 2020
k Grievance Committee This Committee is constituted to
address any grievance raised by candidates who appeared
for NLAT 2020 following the announcement of results It
comprises Honble Justice Nag Mohan Oas Prof Babu
Mathew and Prof (Dr) Sarasu Esther Thomas
66 A small number of candidates made submissions to the Technical
Review Committee that they had faced technical difficulties during
the exam In order to eliminate any apprehensions of these
candidates that technical issues would affect their outcome
NLSIU has offered them an additional slot on 14092020 to take
the examination subject to stringent conditions to ensure integrity
of the examination All measures to avoid malpractice are
implemented in respect of this additional slot as well
67 The fate of these students is now entirely dependent on the
admissions processes being completed as per the aforesaid
schedule and commencement of the academic year on
18092020 Unless the same is done NLSIU will be constrained
to declare a Zero Year Consequently not only will 120 students
lose the opportunity to join their studies at NLSIU (or at the very
least lose one year in order to apply again next year) but the
same will also impact admissions in all other NLUs since - as the
first preference law school for most - the Zero Year at NLSIU will
have a cascading effect on all admissions to all NLUs
68 Hence there is no legal or equitable bar to conducting the NLAT
2020
69 It is submitted in this context that NLSIUs inability to complete
admissions will irretrievably damage the University and result in
significant impact on not only its finances but also the public
perception of the university Moreover the same will have a
cascading effect on the effectiveness of NLSIUs academic
programme and result in loss of an entire batch of graduating
lawyers in five years time All of these adverse consequences
will impact NLSIUs standing in the legal education sector
70 Hence it would be in the interests of justice and equity that
NLSIU be permitted to release the examination results of NLAT
2020 and complete its admissions so as to commence the
academic programme in a timely manner and as per its revised
academic calendar
It is therefore submitted that the present Writ Petition may be
dismissed with exemplary costs
I
DEfi~tifiNtTi~ VERIFICATION
p~) 8atl N-lti 20t 14301 Verified at Bengaluru on this 14- th day of September 202~th~fthe
contents of above counter affidavit are true and correct to my knowledge
and belief based on records maintained by Respondent No1 in the usual
course and nothing material has been concealed therein
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HHIONA1 11 SCEOOL OF INDIA AMJ(URpound ~21BfJWALORE
MLlutes of the Moeting of the AOpoundlcenio Councjl of the N ional 1(lI[ School of India held at tho office of the Bar Counoil of Ina New Delhi on 12th Doccnoor 1987 at 10-00 Mil
Tho folloWL-1g nenbero were pres SJnt --
1 Shri VC iVIishra 2 Dr S K Bhatnag~ 3 Dr NR Madhvt Monon
Dr K PonnUSWQl1Y1 Deln Faculty of Lnw Delhi 1Jnivors ity
ltt eo the CGGt ing1S S pee Invitee
Dr H R )~8i1hlt)va Menon presideo over tbo iYg
Dr Menon welCOfled the DeDbers of the newly c A l1stituted
Ac e71ic Council aYlO acqunint13d then with tne a~cisiorls Jf
tLe carlier neGtings of the Acadenic Council prior to tbe
estclblisroent of tl1e Sohool under the Act After cotliled
d1souslJions on th baeis cmiddotf the Agenda notes ciroulted e8rliel
the following decisions were t1ldeshy
1 COurses of Stuoy ~~ ~ -shy ~~-------shy
1ts ionnl
COUlSOS of Study lellc1ing tl the following degrcesshy
(lJ) 1m integrnted 5-ycar LLB (Hons) L11 viev of fC1 t118t q gret dell of Soc111 Snce knowlerge vrill be inrrtcd curing tbe 5-yrhr c)trrI3C 1118 Acad eni c CDUYl oil rcc~-)nentied tl1 -ct ~ conpos)(d~-shydegree of BA (me LLB H0ns be cQrferr(l t) the students joiniLg the Nqtimll Lw Solle)l of Inilin
(b) An LLM oogrGe which shall 0xt0tc1 -( )~)C yerr (3- lrincstns)
(c) Ln M Phil (1grae of Que yecr (3~dn0sters) durfti--n c~nstitllting of t8ohing ~nd resc8rcll
(a) 1m LLD progr12ne b(]sed n writtlt5n tlesls fterrJ Phil
Bes os the above cGgroG courseo tho AcCdedc Oouncil
reco---ampnds thmiddott 11 series )f CcntiYLuing Eauc~~i n POt1lS(S Cln
sl)rt aurticl be offerGi by the Nti0n1 Lw Scbmiddot]ofIneia
to levr tGcac~8rs ju(~iot1 Dffioers t aoninistr f)X3 Pltr~
contd 2
2
II BA LLB (Hems) Progr(lme-- -~- -shy
rhe j~cBdcGic COUTIcil rocsrinonos th~t TIl t
ysr only 50 students bo 1(lTdtted t~ the LL3
Irhey r1ny be 8818 ctea ~
purely cn cerit on the b2sis ~f n ~( 8f~ i0n test cncucted at fQur difforent TO (1uring My- 1988 Tho nininlJr eligibility liDS iJn t) S be fbcd t 50 Trks lL 10 + 2 Sc1~oDl 8X2nintiC I tho Pre-University Progrrne progrlrro be trol1ted cs equivlent t 10 + 2 S ooo oxampt Those students Whfi 1rcd f8r the quelify ing exmin 1t Len in 1982 bo leo lloweo to t ke the MirisGim 01 Cl provision~l b~siB ~d they n~v be 018 ii while preprL1 g the rmiddotjerit List provmiddot1Ced middot~V8 psseC t~ie Sqid eX811in~ti8n with 50u t11rkS 6 llC1ts8icn Test be h~seil on en objeotivo typo fluesmiddotlims 1116
fthe tost n~v be fox Hurtirrn of 0 ~~Xmiddot thrn 2 hours middotr11G test crln tnclu~() [ini rw~ bel of qUGstiCTls 7~middotlicb rO(lutres viritten 2J1GlJDrE t J(lniss i)ll t8 the L~~Vl SchoCl bb bnsc(l ~n1y on t~) b +li) ~)f tl-c yritton Aanissian Test
15 of the sets be roserVGc1 pound1 1 (0 ~1 ClfJtcs 1nd 7i- Schedulefl Tribes eVC1 for tl16 reserved Seqt8~ tLe reU1LUd i1nrks ot thc qll)lifying exmination ~Gd upor
er to be eligible for t1-u c2naid-te lilvC sccured 50 DtrkS 3 i11 tes t
tlpplic-blc ven f0r rODDYV 3 s ~ -ts ~
T~~e JC1nis3ion Test 1~Y be 11811 I6gj 8TIf1
8118 it is rec)~rQcc16C b- lccld
I nr nn~ TIn AP n ~ ~t Bng8 t lJYL~J r JL ~)
~ m I n er t 0 olt-nlse AlmiddotZllS810n icsmiddotun pror)-lo tl~e qUGsti8n pSpors frtrlurto tho Gr~~~G ren(1 f inJ1ise
sien List an i~dnission C 0 C)US1OGshyr the Director 0n trec tS8Cgt 1f tlt L_w be C0Dstitutcc by t-~G ecmiddott~)r
ccn1 td __ ~ 3
It is proposed thlt the last dte for reoeipt of lpplic8tions be fixed for 2nd My 1988 1-8 Ldnission Test noy be orgcmised on 29th May 1988 ndtho Selection List Jllnounced by 15th June 1988 Phe dDissim Day be 0)[1p1eted by 25th June [ltnO the cllsses be oODnenoed fron 1st July 1988
A suitable snount IJjly be fixed for the ppliotion forn 2nd the Adnis sion Test Fee
(b) AOlldenic Terns
Ecb Acadenio year be divided into 3 1Ogt1(Iio terns e 2Cb with a uininun of 70 working days -fis 8cadenic tern be called a Triuester Thus the 5-y8fr BA LLB (Hons) Pr ogrmne will hve 15 TrilGsters It is suggested thAt the J~caoenic year nay bgin frclTl 1st July and the caderlic ter12S uay aoopt tho folloWLl1r Patternshy
i) FIRST TRIMESTER - July 1st to Septemiddotbor 30 ii) SECOND TRIMESTER --- October 15 to JAllury15
iii) THIRD TRIMESTER _Jnuary 30 to April 30 (c) Oourses and their distribution
Eaoh Trinester nay carry not nore thM 4 courses with a totp~ of 12 credits distributed Ro00tdine to the inpOrtance and coverlge of the courses Jhe subjects courses fer study for the 15 Trinesters be 2S follows
~_~T TRIME3J1ER (FIRST YEAR)
11 Leg~l Professicn in Indian Society 3 or 12 Legal Method and M~terialS 2 cr 13 Law 8l1d Politicl Orgqnization 3 cr 14 LaW and MJrket Econoy 4 cr
SECOND TRIMESTER ---~----~--~-~ 25 Law in Historicl1 Developnent 3 cr 26 Responsibility for Injurious Conduct 3 cr 27 Lqw end Socil Orgemizotion 3 cr 28 Law c~d Agricultural Deve10pnent 3 cr
THIRD THIMESTER ---~---~--
31 L2W 8nd Intcrl2tion1 Relations 3 or 32 Law ~inorities mil Vc8ker scctiolS of
Society 3 cr 33 Civil amp Crininal Procedure-I (Oourt Systen) 4 cr 34 Eldctive Clinical ProgramplJJe 2 cr
C~)l ~d 4
--bullbull
4
9P~1 )2E1llEsect lER ( (13~f~~X~lE__ ~~l~~E~)_ 4 1 Hunn Rights Soci31 Jus-nice nno LSVi 4amp 2 Low 2nd S oci_~ Oontrol - CriLle and
PUllisl1DDnt 43 Civil41d Crininal ProceDure II 44Elective Clinicl Prog1flne
rUTH THIMw~ER----shy --~-- ~--~
51 Cririnal Lw~ Clini1Dlogy amp SDcb DLmse 52 LV nri 1~_ 1lJLy TI81st i0nJ3 1 53 Lqw Plnn jng 8 Ec~rnDnic DevelJcent 54 Contractu1 Rel(]tiirs an(1 RoneHes
(Spec ifjc Reliefs)
SIXTH rR IMES TER -~-----
6 1 N~n--Cririnq_l InjuriDus C~-nnuct ~ni of Torts
62 L8W (lud PYlily Reltims II 63 Law rmd Il1lustril Dcvelopnent 64 IUective Clinic Progr~nne
SEVENTN lE Ir1ES lER -~ ----~- -lt~~ -~-~--
71 L-w nnn Urb~1i1 Devel-prtEHrt 72 Politic Proc()ss il1il Cm$titutiDn~l
Devclopnent 73 Cns tit ut ionCll L_I 74 ~id8nco LAW
EICin TIi IRSScIER-~- ~----~ pl C0 np-YlY Lgw nnc1 Lrw 0f CO-ClpGrDtivos 8~2 PO0Tty LlW 83 Constituti~)nl 18W amp Litig1tiorl 84 Elective Clinic~l Pr~grgtire
r I~tTLtR]l~~ER 91 LwJ c)f Ins ur n es 92 TAx0tjDll L1w ~nd Public fiJ1rrnC C 93 In -1 Grn ~~t j n1 oer 80 e Law 94 Elective Clinic~l ProgrBLr1B
TENTH TRDillSrER (FourtL yer betdnilL ------~ - ----gt-- -~ 101 Leg~l Theory 102 Lmiddotbour LtJw 103 Mrinistr~tive Lw 104 ElectiVEl Olinicgt 1 Progrlrll1e
4 cr
3 eT ~ 3 eI 2 1
3 er 3 cr 3 cr
3 cr
3 cr
3 er gt1 cr 2 or
3 cr
CT 4 cr 3middot ex If
0 ~~
3 cr 1 Cr
c ) cr
3 cr Ac cr ~ cr 2
cr
4 cr 3 CT
cr 2 cr~
CUEto ~5
5 cr11~1 h -z cr~11~ Int~llectumiddotl
J13 lril1nl-I )1 Int rr ~ t t i1
4 CT 2 cr
l2 1 In t BI i l~ 3 cc
3 cr 12 ~3 L[JVI -nd Public C 3 cr 12( Electiyes 2 cr
13 1 Ct)r-JP1TQtivo LnN 2 eX 132 Itltlw PQverty rtlG S )c if~l Ch~ngc 3 cr~ 13 3 Lrm0 R0fcrn Liws nn0 liurnl DVG l~Yp iJrli 4 cr 134 Sctdnlir-Eloetives (to be lnnDUl1C()[1) 3 cr
~fJj1t~~~]~~ li l Public Intlt~rntrtiL~nnl Itlw-Int2TxL1L jA J
OrGn or~
112 ctiVi (jlurse 3 cr bull bull3 i1tjtiltn -f (lus ~iCi3-jt~te amp UyltLon 3 cr
l~~ ))rin -CiVeG (to he r1poundJrtiunc j 3 cr
cr bull 15~2 ~))cil bGUTity ~1rj t1~c Lq7JD cr 15~3 1rlrinstrdt)l~ II Jurrcice C ~Lre -]
til) I1IX Ili r1l ~i0 3 cr ~154 ~orlin~3 - c)iv(1S (t~) h( 11 3 cr
( middotb)V~ Bistx ibutin1 subjectB 18 t ~ii ~ middot~jYD +
Dllril1B tIl ~~r c-f cursc =-) dujc-cr be rG~rn RubstitOt0d ~r rCViL~ 1 ~lmiddot(i--middotr tD c~plctGly profJ8si~rt11 rvo i-l1 ~ Tl~l
LGndIt 10Vi utoD pnJ3S QU ~ iC)1
I 6
rhe DsdiuD 0f instruction 8l1d exaniY13tion in the lrl8h81 Law SchoDl sll111 be English ctlecst unt i1 C nctjonl lmglryeis ad opted for Rdiinistration of justice in t Scrprcne Collrt
(e) Ellpound~~tljty fDr cL~sectE~G fJ10 0x8r1tnatiDl1 sydoI1
In order tl be eligible for the dcnpostiiicc[CCC of RI LL8 (Hons) C~ch student win h~ve to t~kC C(lllXses fsX lt1 grrmd tot ~1 of 180 erea its in ) ye etXa bull
The norn)l p~ttGrn cd GX1ninntion will be ~ 1xittJTl test t the end of onc11 Trinester However in middot)middotmiddotl)ollri)le cases Intern(~di8Ge exnrJlltltion nne continuii1~ eV11utiCTl cy be ptilS cribed in different CSllrses
The exaninntion process will be entirely int Inl to bo dono by the totchors giving tho CGurSGs If sttvlcntc_
is dis-s1tisfied with the grfl(10 warded tw l bo ~11ow0fi to withdraw it in writing within 10 dWS thC11uounce-shyDG1Yt of the rosult He c~m inproVG it in t~c noxt cxninl~ tiorl ccorcing to tho rules prescriber] thcnt))
There shnll not be ~v eX8nin[til foe colloctomiddot- fr0- the stuc10xrts DClr there will be nn exaTiinaticm rcbuJJcrItirm given to the telchors
111oro shall bo an Exninutin C8Ul1ttee C0UEtjI1td by the Dircctlr for Bch ye~r with not loss th-n f t~r1ors of the NL3 by rot1tion Every tC 0 chol wj n JvLk tmiddot thG EXfninrjti~n COllJ1ittGO rt the bC[innil1g )1 Gcgt tr 1 nesteX tho Dutlme of the course ho is t0901-inr Tl1if1middot() plrm 110 j8
9~uimiddot ~1~ ev~I~t nn smiddot~avmiddot tJ c oLlrn
outline as well 18 thli 8vlurti)n scteDc will JI) )110 Rv8t18ble t) tl1C students st the bcgLl1nlng ~f t Prif1GstoT itsulf Cor1plnints regllIdingthe eV(ll11n-Gion [111 he sont ~() the EXfC11mntion CO[]littoG wllich will n~ko JuH~l() rliCClr1iJOnBtions on it withjn 1 fntnjght to t~) J)jrcctJr whose d(~cis ion there)n shql1 be finJl~ The )iX(ctD1 lOW()VOl-
wtl1 roport to the AC1dcrJjc Council Meottnc rcorrJ qf flU(h conp1nintg qno tict icn -Clken t~GreDn
~~ t 4n a Lvfl~r -1 U(ltVA-lJ Aiv uu OJ v p~rf~rr1 bull 1 Jl ~ middot1 I t ~ti
The evall1at bn systcn in tho N1S senll bet nm(h gTrc10S
in a Seven-point scole which will be IS f0110W~~-~
bull bullbull bull bullbull bull bullbull bull bull bull
(4~(ii
( iii) (iV~(v
(vi) (vii)
(f)
( )
7
outstanding (0) 70 und ~OVG A + bull bullbull bull bullbull 65 to 7 I A bull bullbull bull bullbull 60 to 65 B+ bull bullbull bullbullbull 55 to 60 B bull bullbull bull bullbull 50 to 55 C+ 40 to 50 c Below 4(~
~
In order to be declered successful in my course a student will h~ve to secure ~ny of the-ffr~t fiveshygrades Above given Those who re p1r-ced in C+ no C c1tegories will be accued to h1ve if-liled in eu oourses
Pronotion Rules
ProDotion iron 1st Tirlester to second Iriafster rome fra 2nd Trinester to third Trirlester will bG utotio irrespective of the rsults in the vnriou8 lxnoml1tion However pror1otions to the Fourth Tritlester 81111 be only to those who h~ve suooessfully aloorod rctlelst ten out of the 12 Cl)urses in the earlier three Trirlesters If a student has fdled in three or nore courses in the first three Trinesters tAken together he slnll be aaimed to have disqualified tQcontinue lS q stunent of the NIB In t1e case of those who cleared ten courltes out of the twelve they lJlY ltlpear in the renaining two oourses AS
Ex-students while continuing as ~ regu13r student in the seoond yeer
Sirilarly student DBY be autooatiolly proDoted frcrl the fourth to the 5th mn 5th to 6th doritlg tho second yenr His proDotion to the third year 1 e to tH 7th Trinester shlttll be only if hl sucoessfully olellrs a llinLlUn of 20 COlrses
The sane Patterns will be followed for pronotion fron the second year to the third year lnd fro tlirCi ye-r to the fourth year ffilO iron fourth yOll to the fifth year
N~ stUdent will be 1l11owed to avoid tlking ~nY eXlrdnashytlon on the conpletion of the courses excepting for reascnable cause for which prior perniss ion Dhou1d be secured fron the Dire~t or Further no S Gu(cmt will be eligible to take qn exanintion in 11 iltivcn course un1ess be has to th0 SAtisfaction of the teolnr cmcerned fulfilled the courSe reouirenents mrl hns sGcureo not less th pn 70 8ttend 9nce in the class in Sid CD tJrs e bull
cnntlt1 bullbullbull + 8
8
(g) TaOh 1~n~g Meh~il~ v ~s
The Nationnl Lqw Schecl VDS onplQyod vricrl tu~ch Dt3thods in ord er to pronoteIlLllt 1-4 iq oipltn~rT Cl1nll
~n1-nT qCt JDpreClalJ10n+ Jf 1ens0 B~s- ir~est lea1 prOD let~re~~ t1e ~cnool stall Grlplny SeninnLS tuitC)r ClmLCampL experlences Field work resealo1 (tTld Leg8lwriting Ill Ilppropri~te C~Urs0s cQopltlQt tve te~tctLY)g between teaohers 81 oliI erent S Db ~-C 8tS tr) be enployea to [11xinisG of the learning POt l-tj~_l tf) st udent
Clinic31 LeR_ql Eno(tt1011 r1~Rt f~rn ( Tl3ltgt rr- T~r 8pound p 8ssiual leglt1 eCuc9tin 8t t1G 1-~i2T ~l La SC1ClCl ACBdonic C~)uncil Te G nicnl O1 UC l shy
ti011 the first Cif the LLB 8 DL1e C0c credit nay given to fh2 t]J-tlng S un ts LYl clini courses
(h) Fee Structure
The tuittOXl fe8 fDr the LIB pTDgrrne co yelr nlY be iixeo Rs 1500- which ~oY be cCillsetccl tn 3 equ 21 inst Cllnents 8t the begilli1 ing riccstcr If foe is nct oepositBr1 within a week beg-inn elf the Trirl0Jster it l1qy collector 1qtemiddot fee RG 1- pcr (1 1] till tbe enfl ltIf 20 warkin c ~ys bull () Wgt8 ftleo to P~y iEHS vrjthin the prescri1o~ p2rio rl llte fco tffh)jr TI0T108 11f1Y be struck off f~~lt)~ t118 r~)118 They c nn be X-rv)nittc(1 on J)1ynlnt of rc- jSG ion ~ e Df Rs~ 100- an(l -l lt f1CtOTy r)pD1i ~)f ~TO$reSS ir~D H1Y teRche1 of tlte F~culty
t~J first tel p c SL1r ~~Tlcr Sl- jVLtiES
In 8rcler- to fttr~ct Deitorious stufients frD~1 te s ~ciJ-c~)nonic strJtl nf sc iety it is ~bs )lutlt)lr l1dC8SSry- for the NLS tn ioe AS ol-rships TIC sttpenos coS jJossible It ill bc to 1e 50 of the stu(Jents bS(y enjoy such S Every effort s])uld be e to seclJre S1JO~ OCOll~)Dic
L1dUC~rlents fJl prorlnting sctQ12Iship t tIle 18ss plivilegeo sections of SOci0ty
The 118 stuoents niW be provider Solmiddotn ip8 of the vlue of bull 500- q nonth 10 bull The S cho10lships rlry be lwcorfi ef m the bls report
~ 9
pound Sc~olr81ip CD~~I1ittee t be c~nstitutoz~ the DirGct81 with r~nbi3rs~ip tl1re~3 or )rt tmiddot -chers NIJ~ TttG SchclsrDhip Co~ittGe 11 pound2-8 i-ts cvn rules r-ne procedur0s wticl I11Y bG ~prJv~r1 y tl)8 Direct 01 ~he awnrd be given b~s ic11y on tcnderic ileIit)f c1Ylcliote H~vevert ec)noYic s-tus anc the s~lcil bickgrund of trL8 c~ndid3tes f~ ~-) be thore lnt cJns iCaTIt iens
Besides Sc)-lrsbips in deserving C1SeS eX(mpti0n fron Paycent of tllitinn fee lay Iso be grn-teooll tHl rsshycl~lt)end~tions of the Scilolrship OOle1ittee
(j) StlJdents nosidcmco
Tho ACCtcl r3r1ic Council strongly lccor1nenos t tle Jfutimiddotnnl Law SchODl be kapt purely ~s P J(8idcnti~ll University vvherein 11 the students bo r-uJrec t) s t y LD tle Hnlls 8pound- res io ellce provia r fpploven by the University Of course for suuconts bo1onging to Bmg-lori-i City the University nv ()xonption 1IOT res once in the University HDst cJ1siflcref1 ne8oSSAry Ii the lJ fJtionl Lnw School is unble to prov-ide it3 own hostel f8cilities it1~0dimiddott Jly it ~8y npprove such t-cc)fr801ti0n in th0 city ~A~iic s isfies tho reqllirenltmts 8pound thll resiltiontiql ckrc~or of tle University for purposes of stuDcnts 1 reBi(~ence~
~h~l1gh tr~c ClCC0Cl00ation nayhavo to be subsidised by the Universitv tho bJQrrlLvu ChQrg0s will -V( t~ bo cntirely D-GC by tho stuDentmiddot- ~Jihe bQa~ing c1nrccs DY incluo8 the sal(l~y of ossentbl stgtff Dainilined in thG Hostol by tl UniverJity+
(k) IXOlmU Clf stu r1ents md te~chers ~-~------- -------shyTho ]ITti~nl Law 8011001 ny initirte steps to nrrmge for 2xchnnge stuc-ents liId tS p c1exs witll other reputed Lltfl Schools within I n (l i3 ftnd outs ice FClr purpDse if stu0Gnts ~re inviued t8 ~nother L~m Scl001 0n~ un(lort ~ko courses )cQ()rding tJ their regQl~Girns they nay be given due credit witr tho ourriculllJ1 prescribec nt the [rIB
l18sters vrt th three courses in olt~c TrtDesterbull
nay be selc cted by the ~dniss i011 CHl1it-tee
10
on t1t bosis Df their PDSt QC80enic ltJc8rd pnrticllrly
~t the LLB level The Adoissicn CGr--ritteo C8Y J~S0S8 their
l1ptituce for higher studies -nr r~se~rch in l~uf en1 tl-Je
suitQble reoolrJenc ions for their ~cT1ission C(1~ljssi0n
Gay bo done thr8ugr~ nmiddotn int crvievi bes ides ~BS08G~nt )n
d8cuttentary Dtteri8ls
subject ELrODS of crtst utimiddotnrl lZV1 crif1i-nl J~w irct-)rnltti)n~L
11l 8110 corDerci(11 Inw The tctu-11 subjocts rgtf tl~o CQLl1~3e
in ~ny of these subject ~rE38 DfY 0 decioc r1 nt ~c giCl1jTIe 0301 lGnT ty the Fcculty CiDCGrner1
The conpulsary c)urS8S f0r LLM shll ~S fo 11oyts
TC)oing Llothoos ond Curriculqr 0(veloprcnt
In0i8ll LeGal JhilQSDphy (n~ Conter~110r)TT J ~Jheory
(iii) Constilutinn Writ
(v)
Tile zistributi0Tl of the 12 cDUrSGS i1 TOG
TrJi03tcrs fer bullbullbull 1 fly be
rs fl1owsshy
11 Ee ~cl1ing IllethQ0s and Curiculur~ Dove l~l)middotont 4 cr 1 iI 2 In~ itn Leel ~Plilos ophy ~J1fi C~ntcnJor
I CY[hcory 13 Course OD subject sr09 - optian 4 cr
SECOl~D THIMESTER--------------_-~-~shy4 era21 Ecsecrch TlIetr6~ology ltmil Leg11 writing
22 Constitutionl Lw We HlUlDl Rights Jurispru(1 ence cr
2) Course nn subject oreq - option cr
THIRD TEIIV[ESTEn ~----------- t cr ~Lnw Society emf DevGlopncmt~
4 eX 1shySeT innr Y select tOPlC - opv1on Ii crCDurse on r~ SUbjlt3ct (1971 - optiQn
51 i 11 shy
The eXElDjnat ion p ttnn for LLM will 1leo be the
S8L1G nB suggest for LLB H)wever besides ilt8rnnl
eXlDi1()r for every COl1rse in LLM there sholl be TXl external
8x~lCliner as we il bull The questions however shell be s only
by the intermll eXEnL1er If the difference in vlurtiim
between the i1t ernat exariner auf the external Cx~in()r in fl given COUXS3 is less thtil 207~ then it vi11 be 000tl00 th8t the
aaes assignod by the intornnl exaniner shall bJ iTJ gra0e
tD be assignee to thD candioRte However if t rG is D oiffercnce
nore th2~ 20 between the intrnal md exti3rucJ ll1 given
c)urso it 8rlt-11 be referred to a third exrn1inc~r outsiclo tre
National Law School whose evlultim shl11 be Il~e score to be
assigned to the candidate on thHt subject
Tuition fee for tho LLM progrlrlrJc be fixo(l 01 TIs 1500shy
for tho full course at the b oginn ing elf Cqch Trinestor
nr M Phil Progra3o--------shy
rho M Phil progrrU18 is to bo for one you c)xiending
to 3 rrinGsters It ShBll be exclusively cons istlt)d of research
8110 tolching Every stunent Ilonitted tel the M Phil rrofr~rle
stHII have LLM clegree and will fulfill the te1cing rnc
r8SCQrcJl reguirODonts prosoribed by the FFculty tIle HIS
In order to be eligible for M Phil degree besiaes
c)nrlCt ing the teSlching 4nd research req uirenentJ during the
yoar eV8JI cnndidst0 Dust sUJnit the rlBsert~tion gt11 - t~)pic
~Dpr0ved by tle f8cu1tY Ihe desert~tion Sh~11 be 8tC]ine(1
by two extern8l CXfniYlers suggosted by the foculty n( nppr0ved
by the jcdenic Council The degroe shall be confarod to
such of those cllldidtlt3s who roceivo varible rerts on the
desert ot ion fron beth the eXAniners If there is c ifferenoe
of opinion oo1Clngst then it sb011 be referred to D 31d eX8iner
Ind thG oecisicm of the [Jajority 8h[11 be finnI
con-cl 12
12
For the 1 Phil prcgrne nJ tuitbn bo csllected
HClwever a SU of TIs 1000- be csllectof yvcry ftllint
DJlnittecl t~ the ]1 bull Pbil progrlne townr18 lJc1 ion nd ftilitios
thl School
v
in vvhich it CJY c8nfer )n LL(gtD (jegroc~ lhe 11) 1)
0xc1us ively on ttJ b(lsis of C written thee t J
whJ hel9 M Phil degree fron the National L8W Sccol
Every C8l1dieJatG registGrine f)1 the 1L]) PozrrIJ18 be
required to be Ll residence at the Nstioncl L2W Sc1icJOl fJr
qtlesst ono (lOaOoOic year durLlg vihicb they SIh 1 cng in
S l)ch tCaching nne reseerch t)S SSS ignc(l to tbG1J 11 J DirectDr
If tho Un i versi ty
five
iiifferJnt nrtogorics 8pound t02chcJS~
(c) cift[S )rs
(bi l)ss~ci-to Jrlf~sscrs
(c) Jissist-nt Ij~0fcsZLrs
(f) l(J junct Profess Irs
(0) Ron
All the qbove professors ssocilte pTC)Csorp nt1
Assistsnt prOiOS30rS sh11 be r8gu1lX teocDaXs nf 11 ficl001
oC1wing the revised scnles of py pT)scribCHl by t1 ~Jnjvcrsity
Grnts COiJr~jssiol1 Tho sC11c prascribef by the UC bull -Yl(1
lt1Plroveil by the clenic Cc)IJl1cil fC)r the v1riupound m it ions
810 tS jvon bolow~-
p~ y structurc (f dj~ffcrent ote~gnr ics Df t()ichG)~8 Nt Law S chol of In1l ~ fin ~VijrS ity
13
1 Prcfessors Rs 4500~150~5700-20077300 2 Associate Professors Rs 3700-125-4700-16Q-5300 3 ABott Professors Rs 2200-75-2800-400-4000
4 AssttProfessor(SrSoale)Rs 3000-100-3500-125-5000 5 Adjunct Professor Rs 1000 PM (conso lir~ted)
6 Hony Professor TADA for visits 8ocOr~tng to rules
Besides pay te1chcrs will be entitled to Dqrness allowmlce as prescribefl fron tine to tiw by the Cmtral Governnent me onnroven by the ~xecutive Council Further they arc entitled to Contributory Provi(lent Fund and Gr0tuity blnefits 9Jl 0(c1red noer tho rules If they lrC not proviied with nocol1Liodqtinn teqchers will orqw Hnuse Rent qllownoe 213 preScribe by the Central Govern1ent for E class Cities If acco=odation is proviCled by the School 10 of sillary will be deducted towBroS house rent
Out of the above scales the Selectinn COLl2ittee will hayti the freei 00 to reconnend enh8l1ced salary tn tlose cons idered
olrtstrmdingwho nrc selected for Ilppointnsnt to (t TIB
In the initi-l stages it is rscrnnendod lt (11
apPoixltlJents of tecchers in the ~IB includingthe reulr
teachers be on 0 cAntrBct bQsis for a period extendL~g upto
3 yeajls The iccdenic Council has npproved the tsr-s of
oJ1trwt cont incd in the nodel clntrct enclosed ith these
nL1utes as Appendix
To begin with the Acaocric Council )greos wimiddotth the
earlier deoisions to have five professors five oSfjocinte
Professo2s lnd three Assistcnt professors to be BPIointed
forthwith However these pOSitions n~y he filIon only if
des erving 0 1nd idates are IlVliLlble for appointent
The io(deric Council h8S noted thgt (l(1vJXltt e~ents
for filling these posts have alranoy been given n(1 18rge
nunber of applications fllWe teen received in r(lSpo1S8 to the
ltcvertiserlent In this connectim the Acafle-1ic Cnunoi1
strnngly reooL1Lends thqt so f1r s the pOSitions of profess oxshy
s1 c(gtnccrne0 the Sollct iCon COT1Jittee 1PtY be rC0UGstcc
t) cons ider ouinont lqw teaohers in the OClunt ryr
hlv cpplied in responstl to the qtvertisonent 1nC rocoDime
Hl cl~ perD(gtnS WhOI the NIS Gqy L1vite suitltJole trns this
c)ntd 14
14 54shy
is necessqry in oreer tc enable the NIS to hcrye c CClre
fsculty of eninent aOndeDics to develop the ~c~~vit of
tne school during its infPLCY
111 teachers c11e(1 for interview ncW be pei(l one-
way 1st Clss train fnro fron their p1ltJce of rosiccl1CO to the pleo 0f inter-view It is s ugf~csteij tht if nccGssry the
interview nay be helo at BmgclClre ino Delhi
nininise expond iture enCl will be he Ipful t the c middotmiddotncl ia middotto
~re teachers in v8rious Universities
All regulnr teachers appainte(l L1 the
provided living icco=odticn by the School n cess ry the School Dy t~ke flats on lease fnd provife it t) tbe
teachers fron whon the rent aocording to the Rules by be cOllected
of persons ny Is 0 be incluiled in fncvIty
(8) Adjunot professors
In view the need for teflcl1ing Soc Sci(mce
subjects in the intogrlted Iw cllrriculun it is noces11ry
to hrvG Social Science te3chrs 8ss0ci8teo pitll middot~~O iculty)
Sinoe it ny not be neoeSS1ry t l1lve then 8S
atleast in the ~innLllf the JuJ10elic Oouncil rCCmiddotmiddotGnts crefltj CD
nf four P01t tine Itc1junct prQfCSSClrs in the BubjioC ec~nJlicsy
Sociology Hjstory nn English They nay be flPP[)ill ( fT(r
servine or ret ired teachers of City c~llegBs in 13 1010
They coy provided 8 nonthly honorariu[I cf lis 1000- ~nO
tbeir ClPpoL1ttlGnt be for one yesr renevcble t of the Director A 10CBl Selectim OOlJnittee
by the Director in orOOl t C loleet the Ad junot T-f mS0rs bull
oontfl
55
It is neceSSary for the NIB to Bssochte Sr nc1vooates
md eninent jurists in the teaohing md researoh progx2cDcs
sf the school The Acadenic COllncil tberaiore ncolmends
that a Panel of distinguished lawyers and jurists be invited
to join school as Hon~ professors They nay be invited
for a tern of 3 yeArs dur which they shall sJond stleast
one Llonth d lrring the year in tead1ing pJ)d rcserrclt the
School When they visit the School for teaching nd resenrch
the Hon professors DlY be given the neoessary hospitlity
ana wherover ne cess xy TL 1ccoriiingly
The icadenic Council hls ~greea to t~lo sUB~oJtion of
the Director of inviting the following sigh pltlsms S Han
prOfBSS ors
(1) Shri KK Venugopal
(2) Dr LM Singhvi
un 3h1i Soli J SOXabjee
(4) 3hri Fali S N prin31
(5) Mr Justice PN Bh~gw~ti (6) Mr Justice VR Krishna lyer
(7) Mr RaJethr1alani
-lte) Mil-bull P~ ltJ-UYrftFl~
(c) Research Associates
Tho AcacsLlic Council feels thlt 8tleast fo e yegr
or two the flculty nay have to be given sonc rcs
support for preparation of telching notltsriaLs lud coordinating
the teaching progrnnns 101 this purpose the cric Council
reCJIlGenoS the appoictuent of two Research LS80qi GS who aremiddot
quolified with an LLM degree They nay be seleol 1)y the
Directox and nay be paid a cmso1idlteo sun of Rs 1200shyper nonth for one year
(0) Panel of Experts
The Aoadecic Council recolJr1ends the following 15
nanos to be included in the PAllel af experts I)r b8
contmiddot~l bullbullbull 16
16
invited to the Selectim Connittee for Faculty p0sitiol1S in the NIB
Ponel of Experts f( the Selection 0011nitte08 to be cmstitutec fr Fou1ty seleotion in the Nntionol Lw School----__--__-------- shy1 Dr S K Agraweln Vice Cn1ncellor l~gra Univ)rsimiddot~y lgrn 2 Dr GS Shrna Ex-Deem FlCultyof Lw J~iPllr
3 t Dr (Mrs) licG Jacob Director InAiBn Law I1stitutc1 1r1Jlr2i
4 Dr 1arlt3 Divrom Ex-DeFm Faculty of Llw Chm(~ isrl1
5 Dr Sp Sharna Dean Fqcu1t)r of Lw KCluh-s)otr University
6 Dr S P SRthe PrincipAl ILS LRtV Cjl10go~ une
7 Dr KB Rohtgi Professor of Law Delhi Univcrity
reGen Uni
9 Prof GV Ajjappa Derm F1culty of Llw Krnt-kf University Dharwar
10 Dr Upendra Baxi Professor of LOlW De1hi Unjv0rsi-y
11 Dr SN Shukla Ex-Den FClllty of 111 Lll211obnc 1Jnlversity
12 Dr RK ~i[ishr3 DerI11 F8Clllty of Low Bmcr-e ~jn(11J Universi ty
13 Dr Misheh1l1-Hss~m F8culty of L Aligrh Nuslir University
14 Dr KD G~llr Dean F~culty-yY f( c Ij vfk Y h - 41
(1) Leg~l Services Clilic
services clinic in the NIB forthwith It is eas n~ t8 pive
the nocess~ry support to the clinic81 e(~ucpti)n progrr1rroeuros
of the SchooL A Fgt1Clllty Conittee tiny be cDnstiiutcil by tre
DirGctor for the purpClse which D develop the ll TOS
to be irstituted Bn9 the pBrticip1ti~n of stu(1miu 10 be
decidsd in then In order to orgnise the clinic the
first instrgtncea sun of Rs 10000- DlY be provjelt by the
NIB It is expecteil that the Clinic will lterm s uppcrted
by the St~te Legl Aid BOlrd 9Ud the Centrl LGg~l services
1luthorities
for the orglliz~tiCn nd fuuctL)rJing of the Lug
Clinics
17
(D) Continuing Educat ion Courses
In order to n~ke the best use of the rusources of the
NIB for the coonunitY3nd to nke its progrrulD0s 80eie11y-an~ proiess ionally useful it is suggested that t~10 IrIS nay
engaije in l series of continu ing ed uc it i-n progr~tJos for
different sSllcents of the profess ion including l~w t Gpc1wrs bull
Of course these progr[]ues r1Jy be f k1anced by t10 spcJllsoring
lgene] 1l10 NIB nay provide expertise of its fcuHy no
organizational ssistlnce
In this connection a beginning nay be 1rJ]e by offering
to the Karnatltka Governnent and to the KClrnatqlm liiEh Court
for the training of its officers in the Law And Jll(icictry colrtrlents
(n) Research 1l1d Publicfltions
In order to strengthGn the teqching progJnnes of the NT tmiddot bIt t 10 bull h 1S a so U iltJy necessary 0 uave on gllne rese[ro
projects 011 various aspects of law in develpncnt rhe School
nay seek funds fron Agencies within anCi outside t~c governnent for sllPllort of its research activities
In this connection tho Lcadenic Oouncil welcQnes the oecision to publish books on Econonics Sociolo[y
History Politic~l Science end English for law stu0nts by
the NIB It is desirlble to get thase nat)lials sllit~bly
edited by the Sr Faculty of the NIB and publish i1 the nane of the NITi
Bes iaos the above public9tion the liIB sjoulrl brillg
out an Half-yearly Journal on Conterpor~ry DevolojlrJGnts in d liferent brqnches of law 1~lt rqy be celle( the Nationnl Law Review and it nay be funded by the lHS itself
(0) A Centre for 1foI1cn and nd Law
In view of the incJeasing inportBnce of HunAn stuiell
18
end support be jng offered by the Univers tvli ~ L1 G~t~gt1
CotlTlission anfl the liiinistry Of HULlrm Develoment middott le
NIB should set up a Specip1 Centro for stuCiy issuos jn trw concerning the stntu8 )f wonen 8uithle proj~cts D-1y
be developed by the Faculty nno Jppropriate lSS ist-nce
sought~ fron fUTIr1ing CenC10S A cp-lti i~-~I+~fltvUlYJ v ~~ ftl1++Ov bullbull ~~l
[jay be constituted to look lfter the developnent 0f this
Centre
(p) Institute in COLlpartive Law
The irlJ)rt~oe of c0nr~rrtiVe law studies r
scholArship ClYJC Internrtiolll relatiUs Cilntlt bil rvorshy
enDh~sizec Inview sf the rnle )f our cOl1ntry in re3i)n~1
cooperation -4l)a Internati~)n$11 ldllti0us LYl InstiCUt0 f
Conpar ~tive Lw is nost IlpprOprillte Ll the NL 2is 11
give the neoess-ry legll support to Indias posi- in
SA1RC countris rnd the TIn-81ignc-n rovenents It ~ iv rIS)
org1nise spooi~lis8f studies r0gion~11y OT cotntr~-1fise
In this regard the Acnilenic Council rccocows oi1
lt)ttention to tho study of Sooilist Leg31 Systcn icul~rly
bec~use of the ncnd to (levolop socialist JUT lSlu(lnco in
the present com --xi of Incia
(q) Libx8ry Developncnt
~in Institution like the NatirYll Law ScbCDl ~J1Dul(i
aspire to o(lvelop librnry fciljtios 6ujt1-110 tel c tGr to
its ao0(lio and researoh cgtrritnents Of course ~ wi
tke fl long tine and a suitnble p1n snoulil bo lovcloped
by tho libr1ry stf of the NIB Me luwhile the ITIS sbv16
-nmroaoh the funding I1gencies within the ccuntry ~lY 8utsi~o
for its libI eery icvolopnents
18
The Pore FOUnGRtion iu IndiR nay be nppro8ched to ssist
the librry in securing volllnes of inpelrtnnt fOIcien
legal periodic~ls and to Gnrol subscriptiDn f0I CllrJO1t sues )f thse pllblic8tims
Sinil31ly the GoverUDont It the CentI -1( in the
st ss Day be nPIJroached to give atlease one copy of its
public3tions frse elf ohlrge to the NIB Library iIecnwhile the
0ssential reports and textmiddot Books ny be irL1ed ictely purchnsoil
befor the connencenont elf the Lonaonic yo 1 bull
(p) Institution of loadenic Chairs
It is an excellont idea to ssocite priv1te
philanthrelpic institutes with the rlevelopnent of tfIS Besiiles
seeking su itnb Ie donat ielns the Acanenic Council rC1celrrcnds
that ina ividuOols nnd institutic-us ny be appronched to L1stitute endDvlLients f8r setting up tte AOf)c(mic Cpoundirs in
different brpJ1cf8S cmiddotf law It is estin~ted tht Cllrir
nay need [ill End ownent of lis 10 lskhs t lt) S UPI)Ort J~cofess Oshy
ship qne necessary staff
DmECTOR 12-12-87
SQf1 -
2007
ANEure R-J13 amp1
1inute of the leeting of the Executive Council held on Saturday the 27th Januan
Item 0 2 - Common Entrance Test
It was resolved that
We accepT in principle holding of a Common Admission TesT but we reiterate that the responsibility of conducting the CAT should be with the NLSIU 50 that the same standards can be retained
Item 0 3 - Ratification of faculty appointments
RecLUltmem - ror raritication - VC said that the consent has already been obrained by circular
Regarding 4 additional increments to Mr Sairam Bhat
The committee disapproved the additional increments given to k Sairam Ella as it is not in confonniry with rhe UGC Rules Tile increments given to others is approved
Item 0 t - Ratification of the administrative staff appointments
The Regularisation was not approved since the procedure was not tolloved properly EC 1tll1her felt that there should be proper records maintained in the process At any cost the backdoor entry shall be avoided
It Vias resolved that
The Registrars olliee should prepare a note with the individual candidates derails and a proposal can be made to EC with the relevant information about their service pay confidential records nature dUties educational qualification etc Also whether the candidate is qualified or not With the complete information the note may be placed before rile Executive CounciL Untillhe decision is made the consolidated pay whalever Tiley were getting should b paid If necessary a meeting may be arranged as soon as the infonnaliol1 is ready
Item 0 8 When Prof Hegde raised some objection regard1llg the irregularity in paying the adcitional increments the Committee insisted to make a formal complaint then they will look imo individual cases
The Committee also suggested lO prepare rhe Rules if already Rules ere available and if modific3rioll is required make a formal proposal and place it betore the EC
As regards fuation of pay to Ir Somu C
Tile EC disapproved the appointment letter issued by the Registrar Howeyer considering the plea of the Vice Chancellor the Executie Colll1cil suggested his presem pay of Rs 25675middot may be protected and new appointment letter may be issued with the relLled amount ie Rs 25000 and not 29000middot
Item ~o S - Investments
The Committee was of the opinion that the office should come out with a proposal ghing a clear picture indicating where it ill be invested- hat is the present rate of interestshywhether to invest in public sector or government organizations and not in private institutions etc and which mumal fund you prefer and reasons for the same The proposal with all the above information may be placed before the EC jx its approvaL
Item ~o 6 - enhancement of tuition fee
Approved
Item ~o 7 - Pension payable to Ms Pushpa eeL Dept
It was approyed and informed that the same pension mte can be appUed as it is applied in other cases
Item ~o 9 As re~arcls inIormation to be ginD under R II
It was approved that only the resolmiol1s can be given and not proceedings
Item ~()10 - Revision ofmerlical budget - Beerappas cae
It as agreed to revise the medical budget
Item ~o 11 - Agreed
Registrar informed the Committee that Prof Bebu Mathews lien will come ~o an end by 3132007 The Committee felt that h silouldjoin before lhe date and if not illS lien will nOl be extended
t~XI item - approved
Item ~o - Increments to those who have reached maximum
The COlllmittee recolllmended that a proposal proposal may be placed before the EC based on rhe CGC Rules for graJll of increments for those who have reached the maximum scale Bused on the proposal the EC may gram some stagnation incremem as per Cemfal GOt Rules
Registrar inf()rmed the Commillee that he is nor genillg any separate allovuce for holding Ot1ice ofRegistrar as he is doing both administration work and also teaching
The Comminee was of the opimon that Ie the maner be placed before Ie with a proper proposal - 11l order to finalise graming of a special aEowancc for a Professor whe11 he is appointed as Registrar during the IeIm of OUice of Registrar
Item ~o 27 - ASLEA Conference
When the Registrar inionned the Committee about the receipt ofRs 1900000- from the UTI Bank towards organizing the ASLEA Conference und that the same has not been rellutted to -rLSIC the EC resolved that
whenever such Conferences Seminars conducted with the coordination ofthe -rLSlt a detailed repolt must be prepared showing the amount received by the concerned Departments i sponsorers xpenses incurred what is the income earned by -rLSru from those Conferences Such reports lUust be duly certified by the Registrar and the same should be placed beli)ft the Ee
Finally EC strongly reconlllended the -[inutes of the Meeting shall be circulated tor approval immediately_
Item No P 3
GRH - Some adyance increments would be -let that proposal come separately Some of the - those who hold the shy
Increments only for the Lecmrer and not for the Asst Professor because he bas PhD Mr Sairam Ehat
UGC Rules - AJD - With the modification for
Let there be a proper note circulated
Sairam Ehat - increments to tbose who hold tbe lecmrer post - Registrar denied shy
Make a proposal for amendment of Rules - we may apply the rules
IF you find any rule - please make applications - before Ee if it is fare
AJD - posts are already there - but here is a situation wherein certain people are working since so many years - who were recruited directly - since 1998 - at that time we were not in a position to appoint shy
The Committee should have been constituted by EC - do not violate the mles
Call for application itself is out of question- they should also face the Committee
They ere on consolidated basis shy
VVK-
You can regularize - there should be some record - prepare a note call those employees - back door entry should not be permitted - we are not against them - the power has to
be exercised by the Ee
Who had approved the internal circular - VC admitted - he himself - it would have been discussed in the meeting Let them also know who are the members of the
The Committee took a decision and authorized Justice Mallimath to take a decision about the
VR Reddy ad hocistlJ should not be there some kind of a procedure should be followed - middotou may appoint a complttenr persoll- but procedure should be foHowed
lallinath m accept his OWI1 statement and pay him only Rs 25000- and nor 29000-
It shall not be treated as a precedm-
You may refix it and ensure that it rotal should not be less than what ~le is drawing 110W
ANNPorsR-14shy
S)finutes of the meeting of the Executive Council held on Sunday the 13th -Iav 2007 at 1 000 AJ
Item 0 1 Confirmation of tbe minutes of the previous Executive Council meeting
With thi permission of the Chair certain decisions have taken at the EC meeting a report of rbe action taken should be placed before the neXI EC
Item ~o 1 Search Comminee Chair Professor as LS1C
Resolved to constiTIlte a search committee consisted of the following members for identitymg s1Iimbie persons for the appoimment to hold the position of the Professor of different eilirs at NLSIl The committee shall be entitled to consult distingUIshed persons for the position the searchcol11mittee shaH plaCe the names so selected in the next meeting for (ile tina decision
1 JUSTice vfaIimath 2 Vice Chancellor 3 Shri Patnaik Silri VR Reddy 5 Mr Gopakumaran air Chairman BCI
Tile members of the EC have requested to suggest suitable names Registrar shall be the Ex-officio Secetary to the Committee
Item ~o 1 The EC consrituted a Committee consisting of following members to tinulise tile niles placed before the next EC
L 5111i BS Reddy 2 ShriDesai Chandrashekar Kamataka Bar Council Chairman 3 Prof V agaraj -I Shri BD Hiremarh
Registrar shaH be the Ex ofiicio secretary
Item 03 Common Entrance Test
It was resolved the modify the resolution to the followin1l ctIeer that the VC should take the stand that having r~gard to the pr~emin~nt pOSition ofrhe NLSIU being the pioneer in holding the Test it should play the leading role in conducting the Common Entranccent Test The VC is requested to persuade the other Vice Chancellors in this behalf
Itelll NO5 Resolved that the proposal contemplated by agenda item no 5 shall be finalized within a week and the approval ofrhe EC sought by circ1Ilation
1
Item 0 6 Increase in fees by Rs 140001- over lasT year was approved and confirmed
Item 0 7 Providing information under RTI Act - Based on the issne relatinl to the publication aboUl Law School in Times ofIndia under RTI Act aIld the issue of~hai can be released in the Press under RTI Act was discussed elaborately though no conclusion was arrived at It was resolved that the information must have leaked bv the administrative STaff and a stern w3ming must be given to them to prevent such happnings in the future
fain Agenda
Item 02
I Reguarisation of the services of administratiw staff
It was resolved to approe the regulanarions of services of the following with from ovember L 2006
i) ills Pushpa Kadam ii) VIs Vidya SG iii) vir Umesh iv) iIlr Naveen Kumar v I VIs Premll Kummi
Resolved that having regard to the exigencies of service becomes necessary to make immediate appointment the VC could make such adhoc appointments and bring it to the notice of the Executive Committee lllunediately in the next EC meeting
Further resolved that if the vacancies should be filled up as per the University Rules and Regulaliols and if ad hoc appointments are eligible to consider their applicatiolls as well The cases of Ms Gma Ms Jyothi v1r Gulam Hyder and Mangala Gowri were not considered for eguiarization as they haye left th se[ce long back
(3rinLoIlldence increments(QthQslt who acqmre ~LPhii and PhD desree
Keeping in mind the UGC guidelines issued on the basis of the Order of the Govt of India dated J July 1998 and the resolution of the Executive Committee dated of August 1999 the Executic Committee resolved to extend the benetit of advance increments to the members of the tcaching statT acquiring PhD or tPhil degree respectively as follows
1 4 and 2 advance increments will be admissible to those hold PhD and tPilil degree respectively at ihe time of recrul1ment as Lecturers and Assistant Professors
2
2 4 and 2 advance increments will be admissible m those who acquire PhD and VLPhil degree respectively afrer the recruinnem to he said post
3 Associate Professors oJlwards who acquire PhD degree after 781999 shall be eligible for two incremems
The aforesaid provislOllS shall be given ef1c to from 781999
4 Appointment ofMr Somu C
After an exhaustiVe consultation on the issue regarding fixation of rile pay to Mr SOlllU on his appointment as Assistam Pro1ssor the Execurive Council resolved to gram four advance increments in the pay scale of Rs 10000 to 15000- so that the total emoluments will be receivim could not be less than the total ellloluments he is recehing in the priare college vhere he is Sefnllg The offer of appoimmcl1t aLready lllade shall be rnodified on these lines
Item No3 Stagnation increments
The Executive Council decided 10 grant the bendt of stagnation increments contemplated to rhe employees of lSIC The proposal in the agenda to grant stagnation increment is approved
Item 110 -I Institution of Allen amp Overy Chair on International Financial Laws
The Execmive Council approved the action taken by the Vice Chancellor in esmblishing a Chair on International Financial Laws 1Inanced by vIs Allen amp Overy Londo It is resolved 10 convey the appreciation Bnd thanks to the donor
Item ~o 5 Convocation
The sltlggesled the tc)Uowing names tor being invited to be the Chief Guest lor the next Convocation
L Shri Gopalaswamy Iyengar Chief Election Commissioner 2 Shri YV Reddy RBI Governor 3 Shri Fali Slariman Sr Advocate 4 Shri K Pachauri
In case none of the above are not mailable the Vice Chancellor may at his discretion invite any other suirable dignitmy
Item -0 6 3 reservation for physically challenged candidates in the Admission to XLS
EC defened it to the next meeting The Registrar shall place before the Executive CounciL a copy of the Act the Judgment rendered by the High court of Karnataia and
3
- -
bt also a copy of the report said to have been submitted by Justice Rama Jois if available along with relevant judgments
Item 0 7
The EC committee decided to consider the incentive to be given to the staff members on the occasion of the Silver Jubilee function of tile University
Item 08 Selection of the administrative staff
The EC felt that the response to the advertisements being very pOOL steps should be taken to adequately advertise and invite applications afresh In view of the urgent necessity to carryon the administration the EC 3mhorizes the VC to make ad hoc appointments pending regulu recruitment TO the posts of Secretary Office Assistants and Junior Assistants Adequate steps should be taken for adwnising posts indicating all relevant details
Among the three members to be nominated by the VC under the LSIU Regulation 4(c ) the Chainnan of the Karnataka State Bar Councilor any member nominated by him shall be nominated
Item 09 Establishment of a Centre
Resolved to constitute a committee consisting of the following members of the Executive Committee to scrutinize the proposal and to take a final decision in this regard
L Chail1113n of the State Bar Council 2 Bar Council ofIndia member from Karnataka 3 Law Secretary
Item 0 10 Institution of Chair on Consumer Law
The Council noted with appreciation the sanction of professorial chair on Consumer Law amp Practice bv the Ministrv of Consumer Affairs to set up Chair on Consumer Law 8 Practice at LSIC EC authorized the University to convey the appreciation and thanks to the appropriate authority
4
ITEM NO17 171 COURT NO5 SECTION PIL-W
SUP REM E C 0 U R T 0 FIN 0 I A RECORD OF PROCEEDINGS
writ petition(Civil) NO 6002015
SHAMNAD BASHEER VERSUS
petitioner(s
UNION OF INDIA amp ORS (WITH APPLN(S) FOR PERMISSION INTERVENTION APPLN) WITH WP(C) NO 5762018 (X)
TO FILE ADDL DORespondent(s)
CUMENTS
Date 30-10-2018 These matters were called on for hearing today
CORAM HONBLE MR JUSTICE SA BOBDE HONBLE MR JUSTICE L NAG ESWARA RAO
For Petitioner(s) Mr zoheb Hossain AOR Mr Adeeba Mujathid Adv Mr Vivek Gurnani Adv
For petitioner(s) Respondent(s) Ms Roopali Mohan Adv
Mr Namit saxena Adv Ms Taruna Ardhendumaul1 prasad Adv Mr Piyush Singh Adv Mr Amritesh Raj Adv Mr Nitesh Ranjan Adv Mr Shashank saxena Adv Mr Ardhendumaul1 Kumar prasad AOR
For Respondent(s) Mr Rakesh Munjal sr Adv Mr SS Ray Adv Mr Vaibhav Gulia Adv Mr Puneet Gupta Adv Mr paramjit Singh Jaswal Adv Mr Ravinder Singh Adv Ms Rakhi Ray AOR
Mr Atmaram NS Nadkarni ASG Mr Merusagar samantray Adv Mr Ritesh Kumar Adv Ms Suhasini sen Adv Mr Leelesh Krishna Adv Mr Arvind Kumar Sharma Adv Mr Gurmeet singh Makker AOR
~) i
2
Mr sajan poovayya Sr Adv Mr priyadarshi Banerjee Adv Mr Pratibhanu singh Kharola Adv Ms priyanka MP Adv Mr Risha Agarwal Adv Mr EC Agrawala AOR
Mr Anand varma AOR MsShubhangni Jain Adv MS Manpreet Kaur Adv
Mr Puneet Gupta Adv ~lr Ravinder singh Adv Mrs Reeta Dewan puri Adv Mr PN puri AOR
Mr Maninder singh Sr Adv Mr Prabhas Bajaj Adv Mr Gaurav Sharma AOR
UPON hearing the counsel the court made the following o R D E R
The copy of the report filed by the union of India Ministry of Human Resource amp Development pursuant to order dated 13062018 passed in wP(C) No 5512018 be furnished to learned counsel for the parties
List the matters on 28112018
[ Charanjeet Kaur ] [ Indu Kumari pokhriyal ] AR-cum-PS Asstt Registrar
ITEM NO5 51 COURT NO5 SECTION PIL-W
SUP REM E C 0 U R T 0 FIN D I A RECORD OF PROCEEDINGS
writ petition(Civil) NO 6ee2015
SHAMNAD BASHEER VERSUS
petitioner(s)
UNION OF INDIA amp ORS (WITH APPLN(S) FOR PERMISSION INTERVENTION APPLN) WITH wP(C) No 5762018 (X)
TO FILE ADDL Respondent(s)
DOCUMENTS
Date 28-11-2018 These matters were called on for hearing today
CORAM HONBLE MR JUSTICE SA BOBDE HONBLE MR JUSTICE L NAGESWARA RAO HONBLE MR JUSTICE R SUBHASH REDDY
For petitioner(s) Mr Zoheb Hossain AOR Mr Gopal shankar Narayan Adv Mr Adeeba Mujathid Adv Mr Vivek Gurnani Adv
For petitioner(s) Mr vikas singh sr Adv Respondent(s) Mr Ardhendumauli Kumar prasad AOR
Mr Amritesh Raj Adv Mr Piyush Singh Adv Mr Nitesh Ranjan Adv Mr vaibhav shrivastava Adv Mr Sashank saxena Adv
Mr Namit saxena adv MS Taruna Ardhendumauli prasad Adv
For Respondent(s) Mr Rakesh Munjal Sr Adv Mr SS Ray Adv Mr Funeet Gupta Adv Mr vaibhav Gulia Adv Ms Rakhi Ray AOR
Mr V Giri Sr Adv Mr AKarthi K Adv Ms Rakhi Ray Adv
2
Mr Atmaram NS Nadkarni ASG Ms suhasini sen Adv Mr Ritesh Kumar Adv Mr Leelesh Krishna Adv Mr Marusagar samantray Adv Mr Arvind Kumar Sharma Adv Mr Salvadar santosh Rebellow Adv Mr Gurmeet singh Makker AOR
Mr Sajan Poovayya Sr Adv Mr prlyadarshi Banerjee Adv ~r Pratibhanu singh Kharola Adv rmiddotls priyanka M P Adv Mr EC Agrawala AOR
r1r Anand varma AOR
Mr punaet Gupta Adv Mr Ravinder singh Adv Mrs Reeta Dewan puri Adv prof paramjit Jaswal Adv Prof KD Rao Adv Mr PN puri AOR
Mr Prabhas Bajaj Adv Mr Dhawal Mohan Adv Mr Abhishek Adv Mr Gaurav Sharma AOR
For Applicants) MS M Sidhu Adv Mr P vinay Kumar Adv
Mr PS Narasimha sr Adv Mr SS Ray Adv Mr Puneet Gupta Adv Ms Rakhi Ray AOR
UPON hearing the counsel the court made the following o R D E R
Application for intervention is dismissed as
withdrawn
shri Atmaram N S Nadkarni learned Additional
Solicitor General appearing on behalf of the Union
of India ~linlstry of Human Resource amp Development
states that the Government has prepared a report
3
and shall further convene a meeting of all the
parties to these petitions NTA and the Bar council
of India seek their views and make appropriate
recommendations for the holding of the examination
within four weeks
List thereafter
[ Charanjeet Kaur ] [ Indu Kumari pokhriyal ] AR-cum-ps Asstt Registrar
7-+ 0( AMNI~URpound tlt_Ihi
2Q lt ( gt ( - -
~ ~ A
-
p V -~d T] Y-P~iCL of ~-lt)Eign Sud~nts thp drnissio is i-l~ be COI)iuct-d wit)middot the help of Inrin ~~Llt_~lon~
llgtrO~j ~n -t~poundO rgtSpctiVF cnJn~cies
1 r
lh- durtlon of tht course shall bE for 21 peri00 of (iv~~ j~lcaderrjic yeilrs j
CJ 1~ltJch acadeHic _divided into_ thceuroE academic terrnS J
f~lCh tE-rm called a orrimestErcent hDvin0 a minimum of 70 vJcfrki (H) days
C3 Ph- Icdcmic t(rms shilllordinarily be from lst July to --lOth -Septcober t poundrom 5th Oct to 15th Junuclry an(l from 1 (1 t ~l ~] AnlJ a ry to 20 t h A1ri 1 ~
~
6 l Irhp tu i t ton f~(~ foc th0 dampgree progr1fnrne for each yedr -
~~~ 1 i-gt ~ bull )~~jt7-middot which shall be collectEd in th~e IntlIcn~s 0t tl--H~ b(9ir~n of lt2Crk Trin~c-$ter I fcgte i~ not pdid i--hin a week er the co-mrnCncemlt2Ylt of thlt Tr~rgt~middot I i sh~~ 1 be C012Ectec with tate Jf if 1shyor c1~~y t11-l rre- end of 20 working days Can-didut(s who f) l te feeuro wtY)it the nrc-scrlbcd aerior] with ~ate
(fmiddot sri~)l rgtrnoveo -(om lt~G rolls ltH(~ they shall bEgt C~gt-j(1rrit~td onJy on pitympt 0+ rf--)cm-sion feE- oE Imiddot 100shy~(( 1 ~risf-1ct()ry rJport o~ progress ond conduct from 2 Tc~chFr of thp P~culty
In rpsnect of rrwl v acrni ttEO stIJcens admission wi 11 no )( com~letP lJJ11ess- thFY Pi)Y the prescribEc within Sonci fieod ti1le
6 ~ 3 Besidelt= flt( 2lt trl bp9inning of the fi--st trimestr of fdCn ypar J U CltiHldidatgt i (cQuirec to pay a sum of
tOWi1n1 xc1dlrHJ rnJti~rit~ls ar1lt3 a further sum of OWi~fU~ co-ctJcricu~~r ~nd ~tudent welfare activishy
~OL(~ Tuition )nc other fees paid by th0 students irlini ttEC1 to thi course 1 not Je Efundeci u~dFr- any C cumstancs
1
A1)Npoundx UltE remiddot-VishyTS
Academic Calendar at NLS
Resolutions on Academic Calendar
The Academic Council Meeting on 12th December 1987 proposed that each Academic Year be divided into three academic terms each with a minimum of 70 working days This academic term will be called a trimester
On 1th September 1988 the 4th Executive Council Meeting of NLSIU resolved that each Academic Year is civided into 3 academic terms Each term called a trimester has a minimum of 70 working days
Consequences of the Resolutions Tne mandatory 70 working days are spread across 12-13 weeks Each 12-13 week trimester extends to 90 calendar days 3 trimesters will require 270 calendar days
Ordinariiy students complete compUisory internships during the term breaks which vary from 30 to 45 days This year we had planned to forego the term break and replace it with a 15 day break between each trimester as this Is essential to finish evaluation ana assessment exercises Hence the Academic Year requires 315 days
Academic Year 2020-21
If hLS Admissions is completed under the NLAT 2020 Schedule the Academic Year will run from SeJtember 18 2020 to June 30 2021 This will allow for 285 calendar days this year leaving a 30 day shortfall We may preserve the Academic Year by further compreSSing the evaluation and assessment period to 5 days ThiS is neither optimal or desirable bul is the result of the delayed CLAT 2020 schedule Hence the Academic Year 2020-21 will be competed before the start of Academic Year 2021-22 on July 12021
If NLS Admissions is completed under CLAT 2020 From October 10 to June 30 2021 the AcademiC Year wiil have 263 days leaving a 52 day gap Even if we compress the evaluation and assessment Deriod to 5 days between each term and save 30 days the Academic Year 2020-21 cannot be delivered
ANNExOltE RJ
r Nithya Rajshekhar ltIegalnlsacingt
Letter from Nirma University Law School which has a trimester system for LLM and has moved away from CLAT for this process this year
$arasu ltSarasunlsacingt Sat Sep 12 2020 at 1031 AM Te Nithya Ra]shakhar ltIegalnisacingt Co Sudhir Krishnaswany ltsudhirnisacingt
bullbullbullbullbullbullbullbullbullbull Forwalded message bullbullbullbullbullbullbull From Purvi Pokhariyal ltdirector Date Sat Sap 12 20201027 AM Subject Thank yeun To Sarasu ltsarasunisacingt
Dear prof Sarasu Thomas Professor of Law amp Registrar Iational Law Scnool of India University 8anglore
Subject gratlCude for gracing Commermcement session of One Year LLM batch (2020middot21)
Dear SaraSJ Maam
It was Inaeed an absolute pleasure to host you for he commencement (Orientstionj session for our newiy admitted ere year LLM batCh of 20middot21
Your motivalional address infused new energy and enthusiam amongst the sldents during this testing times
As you know this is one year programme and il is expected to nurture pest graduate students with cognitive deeper unaersranding on specialised afea along with sflarpening their research and writing skills One year programme comprises of fhree trimester for our LLM programme And we were running out of time due to delay in centralised acmisison process through CLAT 2020 So finally in early August we have decided to change the mode of admission from CLAT to graduation merit So thai we can save time of our first trimesler and can compiete the programme on time Accordingly we could start our new LLM batch from 31st August 2020 I am really thankful to you for accepting our invitation for OJr format commencement ceremony You have been motivating and inspiring generations of SUdents throughlout aU these years and your words wiseom paved a new direction for leming for our LLM students received oV80Nheming feedback from this session and must be thankful to you to be with us and helping us for guiding our LLM students during this unprecedented times Tnis is unprecedented time and that demands the unusual responses and newadapatabiiity
Thank you once again
VVi1h regaros
Purvi
06011020 The General Body The NLUs was held The Secretary-Treasurer introduced and explained to the members various steps taken by the CLAT Secremriat in preparmion of the examination including a user-fhendly and streamlined website for the C onsonium and CLAT 2020 and a sample of tile revised format of the CLAT paper designed to test slUdem aptitude instead of prior knowledge of law The sample paper had also been $tlrveyed by students from LSIU The eftons of the CLAT Secretariat on both initialives were specially commended by the Members
Additionally he also briefed the General Body that the CLAT Secretariat had put in efforts to develop and innoduce free and high-quality study materials and mock tests tor aU eLAT applicants so as to not disadvantage those slUdents who could not afford coaching
21042020 Due to the ongoing COV1D-19 lock-downs Executive COlllmittee of the Consortium postponed the CLAT 2020 I examination from lOh May 2020 and rescheduled to 21 Sl June
2020 I 1--------+- __
17052020 The Executive Committee of the Consortium resolved to postpone the eLAT 2020 again (2nd eLAT Postponement) The Consortium issued a notification infoDning candidates that a new date would be notified by 0 I July 2020 At the same meering the Respondent No2 informed the of the large increase in the number of applications after the digital marketing initiative
---- 17062020 The Executive Committee of the Consortium met The
Respondent No2 presented the report oftlle survey conducted by the CLAT Secretariat to evaluate options for conduct of the exam given die Covid-19 pandemic The Executive Committee assessed the feasibility of continuing with a penshyand-paper exam VS an online computer-based exanlination The Respondent No2 also reported his effons in contacting I vendors to conduct an online examination I
29062010
7B
16072020
30072020
The Committee of the Consonium issued a notification scheduhllg the CLAT 2010 exam on 22nd August 2020 The test was to be a centre-based online compnter eX3m The Executive Comminee was Infolmed by the Convenor rhat a Vendor had been selected
A General Body Meeting of the C onsortiull1 was held The Respondent No2 intormed the Consortium of the various measures taken by the CLAT Secretariat including
bull Due to the pandemic simation the test centres were expanded from 67 ro 103
bull Detailed Medical protocols to be followed 011 the exam day
bull The mock exams schedule has been prepared and shared to all the VCs
The Respondent No2 also infonned the membls about the proposal for securing an insurance policy for swdenls and staff for the duration of CLAT 2020 exams He informed that proposais have been sought from various Insurance Companies and the best proposal received was shared with the VCs The Consortium authorised Secretary-Treasurer and the President to go ahead with the said Proposal
However certain members raised objections 011 the ground that the price for an Insmance Policy was too higb to bear for the Consortium tmd not necessary
A meeting of the ExecutiYe Committee of the Comoniulll of NICs was held The Respondent NO2middots proposal to secure an Illsuranc Policy fOT students and staff as a precautionary measure lor CLAT 2020 was rejected despite general support froln several melubers for the sole reason tlw it [$ 110t necessary and it il1vole5 huge amount and does not serve any I- purpose
~
The Respondent 02 did not share the Same middotiew
At the same meeting despite the Health and Safety Protocols and the conversion of the exam to a Computer Based format in order to accommodate shldents during the pandemic few members raised health concerns and SUgested J2poundstponemelll i l
of the CLAT 2010 from 2200 August 2010 Hovever the Consonillm resolved to decide the issue at its next meeting
05082020 The Executive Committee of the Consortium of NLUs held a meeting to consider the date of the CLAT2020 exam
The Test Vendor was also in place to conduct the exam 011 7th
September 2020 The Respondent No2 had also begun the process of securing an additional approval from MHA for the conduct of the CLAT exam and to ensure all candidates would be allowed to travel to the centres Respondent No1 mged the Consol1iull1 against postponement of the exam given the extensive Covid-preventative measures being taken at the centres and the need to preserve the Academic YeaL
The Respondent No2 shared a presentation with the Executive C01l1111inee detailing the impact of a postponement on the Academic Calendar of the Respondent No1 University and proposing a host ofoptions in order to accolmnodate members facing such difficulties bull for NLUs to proceed with their own admission process tor I
2020-21
bull aHow for CLAT 2020 to be conducted in two series so that Universities may choose an earlier or Imer date and
bull for NLUs to admit CLAT-enrolled students to appear for separate exams conducted by the NLUs with no further need for registration or fee payment
Despite this the Consoniulll by majority vote merely resolved to postpone the eXllnllnatiol4 to a date to be i
detennilled later
10082020 The General Bodv Qfthe Consortium ofNLUs held a meeting i fuwhere it was dcided to schedule the CLAT exam on
September 2020 Whilst this date would enable members such as NLSIU to complete their admissions without suffering a Zero Year some participants menfloned that it may be necessary to postpone the examination even further
L--_____L______________________-J
27082020 The Executive Council of the Consonjum took the decision to postpone eLAT once again
The Respondent No2 raised serious objections TO the postponement and also brought to the notice of the COllSoniulll the fact that the pandemic would only get worse it1 the coming months Further to facilitate the of institutions reliant on CLAT who would not be able to sustain ftuther delay he optiOllS already presented and discussed with the Consortium the Respoudent No2 offered to undenvTie the entire CLAT 2020 examination from NLSflJs share of Consortium fees in order to hold the examination on the fixed date of 7th September 2020 However none of the options were accepted by the Consortium
ANMEM01pound R1Ie atiouaj Law Scho()l of india University Ballzalore i J
inllts of the Emergency Faculty lerring held via videu confrrcnce euroIll 6th August 020
lullbers preent lts Iht Zoon1 ~iJn R-cOrGlng
1 PU$lpoThm~H ofCLAT yet again from 22nd Aligust to 7th S~pt(nber ~020
Contingency Plan to prevent a Zero Year
Disc ussion
Th- ViCt1 Chancellor Prof Sudhir KrlslmaSvarny informed that en1rgcHcy l1heting had been called to the decision the Executive C0t11ITliHe of the Consonium National Law Universities dated 05092020 to postpone the CLAT 2020 exam undl funner notice t was also informed that a new date for CLAT 2020 -as not yet finalised however it was likely that the exam would schedukd in September He tated that this emergency Facllhy Meeting had been
0 decide on NLSUs next steps
TllC Vice Chancellor infonned the Faculty he hud pHt forth the case of NLSIU lt1t the only National Law UnivilTsily having a trimester system before the Consortium members He infom1cd Consortium that delays in CLAT Nould unfairly prejudice NLSIU and set before them several alternatives including (1) allowing NLSIU 0 go ahead with an alternate admisslols process lor this
lild r) allowing multiple CLAT exams and go ahead with the date as proposed
Vice ChanceUor timber informed the Faculty that the CLAT 2020 had been postponed the hid time despite the extensive health and safety protocols and a rede$ign of the ~xam (Q a centre-based computer exam As the Covid-19 pandemic is only getting worse there is no justiI1carion for further delays
Fuculry il1cnlbcrs expressed concern that the trimester was going to be severely dt~layed as a
th~ postpot)CJncHt Undergraduate Chairperson Prof T Somnshekhar suggested going ahead vith an exam immedimely to prevent fmher delay and to explore using the same centres as CLAT
Other Faculty 111cmbcrs including Pr)f Ashok Patll suggested thatvlc should fun our ovn entrttnclt exam NIr Kunai Ambasta agreed bUt expressed concern about the costs of administering a scpamte entrance eXctlDlnatloD
Jflndakishore lt-luerkei whether ve couid go ahead for this staying tvithin
lnernbers inciudjng Sanyukta Choudhry and Ms Rashmi Vcnkatcn if it was PQssihlt IO have a dekly~d trimesrer nnd hm the inlpact ofthlt WOUld be Acadernic calendar options (r( txplored
Bnbu 11athev opined e should xplore many options 5hared TvlPP course to begin on ciCil1
Registrar~ Prof Sarasu Eshef Thon1as nmde a short prescntmion on the of a T on the S A-eadernic Year
1 Impact on applklnh
H1m p-ymc
r1nyioin these middotXl]]
P(rc(nt~~( of Point of 1ime nJen nolk of Refund of fcc of adrnission is ncchcrd
(Hlr
1s Ycn) Bi~~
I Trimester to II Trimcsn D~CCFhcr to
m
h) announce ~i
L)se 1 LLYl
to tho- yho wand to JOB)
2 Impact un NLSn
r ould -0 jom orh-r Hhtinntons
that WOtl ld bc 1n
I cgt Rs 9911gt7501middot
nOled that th~ k--ping the In a zero this
rJun-optlD1WH lbe
Possible gtOiUtiUllS
iovving pO$siolc solutions to Ihlt
quality addlTlonal uuuhk workload reachers and wnt til
DClsng ~1 adulisiuns lEosS ttJ corrplt~d urgtntly vhich EaHovmiddot us t) admit studnts rntd~Septen1ber and Viih ddayd b~it trirn12s1cr C(lYlprOrtusHlg JCadCl1iics
Dednre D 11h concqu~rH financIal losses lo-s of lainl tc as last rsort
4 If we run our tlvn entrance cxmn We rnay have to bear a snudt IO-is in monetary t(nns cntrmce process at a
it vns ionduded ihat smCe dH date ll) CLAT exan1 had nOI bcen flxLi 1hen W~l~ no vbClher voldd be any furh~r postponcn1entS LSIlJ be ith puhing
uirncgtter LO th ecund rrlrn-skr and so fDrth lhereby n1-lking it impo$)iblc to up 2021 In such a cnse~ rLSrC will be forcedo announct a zero y(ar~
US Lfl
nsoi cd
Executive
~g --1tUE tpZshy
Extract ofDraft Minutes of9t Executive Council Meetillg
DRAFT MINUTES OF THE 91 MEETING OF THE EXECUTIVE COUNCIL OF THE
ATIONAL LAW SCHOOL OF INDIA UNIVERSITY MELDON
WEDNESDAY AUGUST 12 2020 AT 330 PM AND ON
TUESDAY AUGUST 18 2020 AT 430 PM VIA VIDEO CONFERENCIgtlG
MEMBERS PRESENT I Honble Mr Justice Uday Umesh Lalit Judge Supreme Court ofIndia 2 Honbie Mr Justice Dhananjaya Y Chandrachud Judge Supreme Court of india 3 Honble Mr Justice S Abdul Nazecr Judge Supreme Court oflndia 4 Honble Mr Justice V Gopala Gowda Former Judge Supreme Court oflndia 5 Shri Manan Kumar Mishra Senior Advocate Chairman Bar Council of India 6 Shri S Prabakaran Senior Advocate Co Chairman Bar Council oflndia 7 Shri Deb] Prasad Dha Advocate Managing Tnlstee BCI Trust 8 Shr1 Apurba Kumar Sharma Senior Advocate Chairman Executive Committee Bar
Council oflndia 9 Shd Y R Sadasiva Reddy Member Bar Council of India 10 Shri Ved Prakash Sharma Advocate Member Bar Councll oflndia 11 Shri Prashant Kumar Singh Advocate Member Bar Council of India 2 Shri Anil Kumar 1M Chairman Karnataka State Bar Council 13 Shd tV Ramana Reddy lAS Additional Chief Secretary to Government or Karnataka
Higher Education Department 14 Shf1 SY Watawati Law Secretary Government of Karnataka 15 Prof (Dr) Sudhir Krishnaswamy Vice Cbancellor NLSIU 16 Prof (Dr) Ashok R Pati] Professor of Law NLSlU 17 Prot (Dr) TS Somashekhar Professor in Economics NLSIU J8 Dr Nagarathna A Associate Professor NLSJU
AliD 19 Pro[ (Dr) Sarasu Esther Thomas Registrar amp Professor of Law as Secretary to the
Executive Council
lVIEMBERS VRO EXCUSED THEMSELVES L HonbJc Mr Justice Mohan M Shantanagouclar Judge Supreme Court ofIndia
Opening Remarks
The Vice Chancellor Prof Sudhir Krishnaswamy welcomed al the members to the 9i Meeting of the Executive Council He thanked the Honble Judges representatives ofthe Karnalaka Stale Gevernment and members of the Bar Council of India for agreeing to attend this Executive
-ss Council TvteeHng organized at short notice or Video Conference He informed tflC 1crnbers that the Honbie ChiefJustice of India the Chsnceillllofthe University was unable to atlcu and had ominated Honble Justice UlJ Lalit to Chair themeeting in his abence
Justice Lalit clarified the reasOns why this emergency Executive Ceunci I Meeting had been convened at shori notice at his initiative First as CLA T 2020 had been postponed several times the University is unlikely to complete admissions by September 2020 Hence lLSIU faces the prospect or a zero year 1ere 120 BALLB + 50 LLM students will not be admitted and (be University wili lose INR16 crores over 5 years Secondly as the University had submitted a comprehensive Report reviewing the Reservation Policy in the third week of July this Report should be discussed while Ihe admissions process was underway
Justice Lalit then asked if any Member took objection to the short notice and was keen that the Meeting should be adjourned Ali Members unanimously agreed that due to the urgent nature of the agenda of the Meeing the usual lime trames for the Meeting may be dispensed with on this occasion
~ __-1-_- _ - _ _-- -- --- i Item No1 i Postponement of CLAT 2020 and Admissions to the NLSIL for the i_ ____J_A2e~)r2Q~Q21 ________ ____ __
Discussion IMembers noted that the Governing Body of the Consortium ofNLUs held an iemergencv meeting on Aug 10th 2020 to reschedule CLAT 2020 from Aug 22nd to 7en September 2020 ) i i 1 Members expressed concern that CLAT 2020 had been rescheduled 3 times and
further postponement could not be ruled out The Vice Chancellor clarified that the University has made adequate plans to compress the Academic Year if the 1
exam is completed On September 7th 2020 I
However several Members expressed concerns if CLA T 2020 was delayed 1 further All Members agreed that the consequences ofa Zltro Year in terms of loss of revenue (around i 6 crons) and loss of oppoltunity to 120 SA LLB (Hons) and 50 LLM students [0 study at the National Law School was too high a price to pay
Some Members suggested exploring various admissions options using 12th Stllndard Marks other entrance examination results or conducting an online examination The Chair emphasized that it is critical to authorize and urge the University to take immediate steps to prevent a Zero Year if CLAT 2020 is
i further rescheduled
i I The Chair requested the Vic Chancellor to consult withthe BCI Chairpls~n in the event that the Umverslly needs the leave of the Supreme Court In mese I 1____~__-lllat~~~ __ _ ___ _~__ __ _________ _jI _ 1 l was resolved unanimously that jfthere is a further delay in CLA T the Vce 1
L_~C~~nJ9_~ll~cel()r--~_lt11Jlowredt2takeai I necessar $iJlLt~nsur(U~ltlUl1ej
(J ry(Y~~
TAdmissions Processfor 2020-2 i~i~ completed in Septe111ber 2020
NLSIU is authQrised to fUll ft~ own admission process and conduct an i independert admisson tcst if necessary if there s further postponement of the I CLATexam
It was decided that the meeting would be adjourned to 18th August 2020 at 430 PM The Vice Chancellor thanked all the members for joining this meeting
After a formal weicome by the Vice Chancelor Justice U U Lalit chair the meeting and invited Justice Gopala Gowda to present his note feHowed by a presentation by the Chairman Bar Council ofindia
__ _~ ~__Ugt___ _~~~ _~~_~ _~ __ bullbullbull___ ~~ __ ~bullbull~~_~ gt _ 0 ~~ ~_____ ~~ _ __~ ~____ __ ______ __ __ __ __
1 -__~_~~__~ bull i Anv other item with the ncrmission of the Chair
n __ __ Item 3 __ ~~bullbull_______ ~_________bull ______ __ ______ - _~~ ~~~ ~~bullbull _~~~ ~ __--J~_~ __
Discussion The Chair asked the Vice Chancellor to clarify that CLA T 2020 was likely to be r held on 7th September 2020 The Vice Chance lor confirmed that as per the i current schedule it was to be conducted on 7th September 2020 but the I Consortium tny choose to reconsider the date later I
i--~------- i-------~ --_---- ---------------_--- ---- ---- -- ---
Decision i
The Executive Council unanimously reconfirmed this resolution to empower i
the Vice Chancellor and the Jniversity to conduct an independent admission iL_ _________jJ~poundf~ipoundE~1Jt t~at C~~T 29Qis dela)~ecc fU~~t____~~_________
The Vice Chancellor thanked all the Members for joining the meeting and thanked Justice UU Lalit for chairing this important emergency Executive Council meeting
SdJshyRegistrar National Law School oflndia University Bangalore
RE~srRfl~ Mttcrpt iegt s~ vi ImF(l flriilitt
~amp9lc n01ty~$J~z1i ll~ilIIii ~~1a
ANNExurE R14 iT NATIONAL LAW SCHOOL OF INDIA UNIVERSITY
Post Bag No 7201 NAGARBHAVI BENGALURU - 560 242 (Old Code No 560072) INDIA
Talalax 080 - 2321316023160532535 Fax OBO - 2316 0534 Website WWWnlsac-in Email registrarnlsaci
Report of the BALLB(Honsl and LLM Admissions Committee 2020
Committee Members
1 Prof (Dr) Sarasu Esther Thomas Registrar 2 Professor Babu Mathew 3 Assistant Professor (Dr) Kaushik Basu 4 Assistant Professor Kunal Arnbasta 5 Assistant Professor Sanyukta Chowdhury 6 Nithya Rhea Rajashekar Advocate (Legal Advisor to the Committee)
A Objective
Since inception admission to the BA LLB (Hons) programme has been purely on the basis of merit as assessed through a common entrance exam The University conducted its own AIIshyIndia entrance examination until 2008 when the Common Law AdmiSSion Test was conceived In 2018 the Consortium of National Law Universities comprising the ViceshyChancellors of 22 National Law Universities was formed to establish a Permanent CLAT Secretariat for the conduction of the CLA T Admissions to the Universitys BA LLB(Hons) and LLM programme were also done on the basis of CLA T score
The Covid-19 pandemic has however caused unforeseen difficulties and delays in the conduct of CLA T 2020 The repeated postponement of the examination has resulted in uncertainty for students parents and the participating Universities NLSIU is uniquely disadvantaged as it follows a trimester system where every academic year is made up of three terms of 90 days duration Moreover each term must accommodate 60 hours of classroom instruction in each course and adequately provide for examination and evaluation processes Further the academic offering for the 3rd 4th and 5th year of the BA LLB programme as well as the LLM programme is fully integrated and requires a common academic calendar
Hence if NLSIU is unable to complete admissions before the end of September 2020 it will inevitably result in a Zero Year with no admission This will deprive law students of the opportunity to pursue their studies this year at Indias premier law university We are fully committed to ensuring that no student is denied the opportunity to study at NLSIU this Academic Year Hence NLSIU is compelled by the current circumstances to conduct a separate admissions process for the BA LLB and LLM programmes for the Academic Year 2020-21
This matter was considered at length at a Faculty Meeting at the University on August 6th 2020 where the Faculty unanimously resolved that NLSIU needed to take all measures necessary to avoid a Zero Year The Executive Council of the University at its 915t Meeting held in two sessions on August 12 2020 and 18th August 2020 met to consider the matter and unanimously resolved to authorize the University to develop an alternative admissions process in the event that CLAT 2020 was not conducted on September 7 2020
h fin stablished under Kamataka Act 22 of 1986
-tgg On August 28 the Executive Committee of the Consortium of National Law Universities postponed CLAT 2020 from September 7 to September 28 2020 Accordingly this Faculty
Sub-Committee was constituted by the Vice-Chancellor and tasked with formulating a revised admission procedure for the academic year 2020-21 with respect to the BA LLB (Hons) and LLM Programme (hereinafter referred to as Programmes)
B Options available before the Committee
1 Conduct an online entrance exam at identified centres across the country for all applicants
2 Conduct a home-based proctored online entrance exam for all applicents
3 Conduct a home-based proctored online entrance exam for applicants shortlisled as per pre-defined criteria
81 Committees decision regarding Option 1
As per expenditure estimates prepared by the University conducting an online entrance exam at identified centres across the country for aU applicants would cost Rs 4 crores Moreover under the given lime constraints it would be extremely challenging to organise the same Further a home-based online examination discussed in Option 2 and 3 below ensures that candictates do not need to travel to physical centres for an additional examination
Accordingly the Committee decided that option 1 would be unfeasible
82 Committees decision regarding Option 2 and 3
A home-based proctored online entrance exam for all applicants would not be feasible given the expected number ofapplicants (apprOXimately 20000+ for BA LLB and 5000 for LLM considering the late call) and the available funds of the UniverSity unless some minimum fee is charged from applicants If this is done we may make an open call
~Ihere no application fee is charged such an entrance exam is feasible for applicants
shorlisted as per pre-defined criteria Subsequent to the initial deliberations ofthe SubshyCommittee it was made known to the members that the procedure for admissions as finalised by Ihe Academic Council on December 12 1987 was that Admission to tile Law School would be only on the basis of the Written Admission Tes
The Committee discussed the available technology platforms for conducting homeshybased proctored online entrance examination with two vendors (Edchemy and Coshycubes The Commiltee also got in touch with Pearson Vue and NSEIT) A moreurogt exhaustive search may be undertaken by the University before making the choice of technology partner for the entrance exam
With respect to the application fee the University has tlllIO options - (i) to charge a nominal application fee (in the range of Rs 100 Rs 250) to recover part of the costs
111 (with the balance being met by the University funds) or (Ii to not charge any application fee While the CommITtee felt that (i) was ideal a final decision may be taken by the Vice-Chancellor in this regard depending on the final expenditure estimates of the entire admissions process and availability of funds with the University
Therefore having considered all the options it was concluded by the Committee that an online home-based entrance examination conducted for all appticants at the earliest and with the lowest possible application fee would be a fair transparent and accessible admissions process
C Committees recommendation regarding conduct of home based online proctored entrance examination
The syllabus of the examination should be as ctose as possible to the Common Law Admission Test 2020 so that candidates are not required to undertake any additional preparation for the NLS1U Entrance exam The following format was recommended by the Committee
Maximum Marks 80
Duration of the Exam 45 minutes
Question Type Multiple Choice Questions only
Marking Scheme 2 mark per correct answer
-050 marks per wrong answer
-025 marks per skippedunanswered question
Candidates will have to appear for the examination using a computer device with video and audio transmission available They should be informed in advance that the University would noi be responsible for any connectivity issues or failure of intemet connection during the examination
A mock examination should be held to familiarise the candidates with the technology plalform on which the examination will be conducted
There should be a protocol established to deal with potential malpractice since the examination will be attempted by the candidates in a home environment It is understood that the available technology allows for artificial intelligence enabled human proctoring of the examination Additionally the technology vendor will put in place software mechanisms to ensure that forms of examination malpractice will be detected and suitable action taken This should include but is not limited 10 restricting access to different online tabs on the computer audio detection continuous video streaming detection of multiple login attempts etc In addition to proctoring during the examination post hoc verification must be conducted on the besis of detailed logs and data records maintained by the human proctors and the available system records In cases of observed malpractice the candidates examination should be cancelled by the University
At the time of computation of final scores pest the examination if twO or more cajsobtain the sameuro marks a break of tie should be made by the following procedure and order (i Higher number of correct answers to Legal Reasoning Questions (if) Higher number of correct answers in the overall examinatiOn iii) ComputeriSEld draw of lets
n view of the fotegoing discussion on the available options the Vice Chancellor may take the
final deCision 01 the admissions procedure to be followed for the academic year 2020-21
rurfw~_iv___ j J u ----shy
Prof (Dr) Sarasu Esther Thomas Professor 8abu Mathew
Dr Kaushik Basu Mr Kunal Ambasta
Ms Sanyukta Chowdhury Ms Nithya Rhea Rajeshekar
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ANNEXURE R-Il4shy
Honble Justice ~1L U C Lalit Judge the Supreme COlit ofIndia ChairmalL Executive C ounci Xational Law School oIIndia 1Jlliversity
36 September 1010
Sub Decision of the Consortium of -iational Law Universities on 28082020 to postpone
CLAT2020
Honble Sir
Greetings from NLSIU Bangalore
The Comonium of National Law Uillversities of which NLSIU is a member has by its llorification dated 28 August 2020 decided to postpone the Conunoll Law Admission Test CLAT) poundiom September to 28 September 2020 The COVID-19 pandemic has caused llntOreseen diftkulties and delays ill the conduct of CLA T 2020 and the repeated postponement of the examination bas resulted in uncertainty for students parents and the participating llliversities
As you are aware the )JLSlU is uniqudy diadvalltaged as it 1011ows a trimester system where eVelY academIC year i made up of three terllls of 90 days duration Moreover each tel111must accollllllod1te 60 hours of classroom imuuctioll ill each comse anc adequately provide for examination and evaluation processes FUl1her the academic offerillg tOr the 3rd 4th and 5th yem of the BI LLB programme as weH as the LLM prograllulle is fully integrated and requires a COllllllon academic calendar Hence if]1-S1U is unable to complete admissions before the end of September 2020 it will inevitably result in a Zero Year vdth no admissions This will deprive law smdellts of the oppommity to pursue their shldies this year at Indias premier law university TheretOre 1-SIC is compelled by the current circumstances to conduct a separate admissions process for the BA LLB ane LLM programmes for the cademic Year 2020-21
This maHer was considered at length at a Faculty Meeting at the University on Augmt 6 2020
when the C onsortiulll postponed the exam from August 22no to September 7 2010 where the Faculty unanimollsly resolved that NLSIU needed to take all measures neeesalY TO avoid a ~Zero Year
Then the lllmtcr Va placed before you in the EXecmive COllncil at its 9 F meeting held 011 1211
August 2020 wherein it was unanimously resolved to authorize the University to develop an ~-
~ltern~tivc admissions process ill the event that CLAT 1020 WilS not conducted on September jh
2020
Accordingly the Vice Chancellor constituted a Faculty Sub-COlllmittee on August ~020 to denlop a revised admission procedumiddote The Sub-Colllmittee concluded that a common entrance test conducted online at the lowest possible application fee would be a 1aiL tn11lsparent and accessible admissiolls process 8t this The proposab of the Sub-Committee were dicllssed at a F ~cnlty Meeting held 011 31 August 2020 After taking into accollnt the suggestions and
revisiom as necessary the Revised Admissioll Notifications for the Academic Year 2020-21 for
the BA LLB programme and LLlvl programme haw been notified
The lniversity aims to initiate and complete the entire proces by mid-September and begin the Academic Term immediately thereafter While the reyisecl admissions process presents a mOllumental task the careers of the students who have worked hard for this opportunity remain
our top priority
The V ice-Chancellor and I will contlllue to apprise the Executive C ouneil of these developments
and ve thank you for your SUppOl at this time
Sincerely
Prof (Dr) SraSll Esther Thoma
Professor of Law and RegistIar liLSIC tvlember Secretary Executive Council
Copy to (1) Members ofthe Execntlye CounciL NLSIlJ (2) Vice-Chancellor NLsn
-
1)pound0pound flt 15 ct
The Faculty
KltIional Law School oflndia University B8ngillolc
3 September- 2020
Sub Decision of the Cousoltiull1 ofKational Law Universities on 28082020 to postpone CLAT 2020
Dear all
~s you are aware the COllsorriulll ofKntiona Law Clliversities of which NLSIC is a membeL has by its notification dated 28th ugnst 2020 decided to postpone the COllllllon Law Admission Test (CLAT) Hom 7 September TO 28 September 2020 The COVID-19 pandemic has caused
uuforesen difficulties and delays in the conduct of CLAT 2020 and the repeated postponement of the examination has resulted ill uncertainty for students parents and the participating
Cuiversities
At the Faculty deeting at the liuivelsity on August 6th 2020 the mailer was considered at
length when the CLA T 2020 wa postponed fiom Angust 2211d 2020 to September 7th 2020 and need to avoid a delayed cademic Term was discllssed NLSlli is lllliqueiy
disadamaged as it follows a nilllestersystem where eely academic year is made up of three
Tenns of 90 days dmmion ldoreover each term 1ll1lSt accommodate 60 hours of classroom illSh11Ctioll in each course and adequately provide tOr examination and evalnation processes
FunheL the aCBdemic offering tor the 3rd 4th and 5th year ofThe BA LLB programme as well
as the LL2gtI programme is fully integrated and requires it COIlllllon academic calendar Hence if NLSlt is unable to complete admissioIlS before the cud of September 2020 it wil iueitably result in a Zero Year with no admissions that deprives law students of the opportunity to pursue their smdies l11i year at Indias premier law university At this meeting the Faculty Imanimously
resolved that NLSIC needed to take all measures necessmy to avoid a Zero Year
Tllereatler the matter was also placed before the Executive Council at its 91t meeting held on
12 August 2020 wherein it was ullanimously resolved to aurholize the University to develop an altemmive admission process in the event that CLAT 2020 was not conducted all September
2020 Therefore NLSlt is cOlllpdled by Ille current cncumstances to conduct a separate admissions process for the B LLB and LLM progrmnmes for the Academic Year 2020-2 L
Accordingly the Vice Chancellor constilllted a Faculty SubmiddotCommittee on 28 August 2020 to
develop a revised admissions procedure The Sub-Commirree concluded that a common ntlance test conducted online at the lowesl possible application fee vould be a fair
lransparem and accessible admissions nrocess at this stage The pro])osals oftlle Sub-Committee - - ~
were discussed at the Facultv Meetimr held on31 Augnst 2020 Afler taking-
into aCCOllll the ~
snggestions and revisions as llece~sm) the Revised AdmJion otificarions for the Academic
Year 2020-21 for the BA LLB programme and programme have been notified on the Cniversity Yeb~ite
The Cniversit aims to initiate and complete the entire process by mid-September and begin the Academic Term immediately thereafter While the reised admissions ploce presents a monumental task the careers of the students who 1mve worked hard for this opportunity remain
our top priority
The Vice-Chancellor and I shall continue to apprise the Faculty of the developments and we thank you for yom SUpjlOlt al this time
Sincere
Prof (Dr) Snmsu Esther Thomas Professor of Law and Registrar ]LSn
ltlember Secretary Executive Council
Copy to (1) Member offacuIty NLSlli
(2) Vice-ChallCellQL NLSIC
~) rRua (IPYshy
JNNEPCUJlpound R-Jb 8
Tlle PI ident
ConSOl1iUlll ofltational Law Cmverities
3 September 2020
Sub Decision of the Consortium dated 270820 to postpone CLAT 2020
Dear Prof VijaykumaL
Guering ilOlll LSru Bangalore
The COVID-19 pDlldemic has caused unforeseen difficulties and delays in the conduct of CLAT
2020 The repeated postponement of the examination has reulred in ullcel1ainty for students
parms and the pmticipating Cuiverstie
LSIl is uniquely disadnmaged as it follows a trimester system where evelY academic year is
made up of three tenlls of 90 days dmation rIoreover each term must accollllllodate 60 hours of classroom instruction in each course and adequately provide for examination and evaluation
processes Further the academic offering for the 31d 4th and 5th year of the BA LLB
pro~ml1111e as well as the LLrl progrmllllle is fully integrated and requires a common academic
calendar
Hence if ll_SIU is unable to complete admissions before the end of September 2020 it will
inevirably resut in a Zero Year with IlO admissions This deprives law sludents of the
opportunity to pursue their mdies tills year at Indias premir law university Therefore ](LSIU
is compelled by the ClliTem circumstance to conduct a separate admissions process for the BA LLB and LLM programmes for the gtcademic Year 1020-21
This matter was considered at length at a F acuIty lHeeting at the Cuiversiry on August 6th 2020 where the Faculty unanimously resolved that NLSIC needed to take all measures nec6sary to avoid a Zero Year The Execmive COllllcil ofte Cniversity the 91s1 EC meeting held in two
sessioLlS 011 12th Ausmst 2020 and 1 Stl August 1020 considered the maner and unanimously- ~
resolved TO authorize the University to develop 0Jl altemative admissions process in tile evem
tlwt CLAT 2020 was not conducted on September 7th 2020
On August 28th the Executive COlllmittee of the COllsortiull of National Law Universities
postponed CLAT 1010 from September 7th to September 28th 2010 III these circulIlstances
NLSIU is compelled to conduct a sepmate admissions process forthe Academic Year 2020-2 L
I reiterate that NLSIU will continue to discharge all its responsibilities as a Founder )middotlember of the COllS011iulll Rncl the Vice-Chancellor in his capacity as ex-officio Secretary-Treasurer shall
extend all necessary SUppOH to the Consortium for the SUCCessful condlct of CLAT 2020 at the
earliest possible date
I am continuously available to clarify any of these developments on the email and the phone e
request yon to take all necessalY steps 10 connmlllicale this to all students who have registered for CLAT 2020 as we lllUICt conduct the admissions process with the least possible
disl1lptioll
Sincerely
Sarasu E1her Thomas Registrar NLSIC
Copy to
(1) vIr Bahaj Chaul13ll CLA T COllvenor (2) Members of the Consortium
~~~2
ROE c Flyshy
AIIIIIIpound1CtfJa R-jrr ~ATIO~AL LAW SCHOOL OF LiDH t7~IVERSITY BEGAIXRl I0 0
PROCTORING PROTOCOLS
THE KATIONAl LAV APTITlDE TEST 2020
NLSIF uims TO ensure that the NLAT 2020 is an accessible smdem-triendly examinmion registered candidares are required TO follow the highest standards ofacademic integrity while raking the res The Proctol1ng Protocols to monitor the examination process are sel om below
middotmiddotmiddotmiddotmiddot~-middot~rmiddot~middotmiddotmiddotmiddot-~middotmiddot-middotmiddotmiddot~middotmiddot ------~~
50 lIalpracticf Ownersbi]l PradoI Ation
1 I111pcfsonation Proctor L Record Malpractice I
~(determined at of _ Do not allow the impersonator to starr candidate validmion the xmninatioll prior to cxanllmnion 3 For PWD candidates both the commencement) candidateS and scribes GOV1 Photomiddot
I ID must be verified bull
2 Inappropriate Proctor Proctors will send a message to such surroul1dings ar teSC candidates Please sweep th canlra location External help ill a circle around me place you are solicited (suspected) taking the assessment and i or (Someone otiler than Please tilt rhe devicemiddot keyboard you pennitted scribes are using for the assessment)present in the vicinitv
1 Candidates to show 8 360-degree view candidate looking ill of the emire room by mming on a mher directions webc8m (Iapmpsidesktopsl or fromcontinllollsly
periodically candidate camera (as directed by proctor) talking communicating (mobile devices) tilt the device
Iin any other manner keyboard as instrUCTed dlh SOIlleone other thrill 3 If any 1llla1lthorised person or penllired scribes unauthorised device is observed in the
candidateS vicinity including but not limited to person(s Othef than permitted scribes HDMI cabies extemal devices projection of the feSt screen etc proctors m terminate the candidates examination attempt
I inUlledlately
4 If the proctor observes a phone rabler other device falling slipping when the device keyboard used for the assessment is tilted proctor to terminate the exam immediately
5 Any candidate who fails to comply with the proctors instruction within 45 seconds will be logged OUl of the examination ProcmfS may permit 10 additional seconds in simations where they ill Ildr ciretiol1 determine that
10 ~-()
3
4
5
6
s
~IaljJractke
T alkingiS peaklngJvIaki ng Gestmes (could include gestures that indicate to the proctor candidate may be using another demiddotic~middotmiddot looking at chat applications InirrofJ other screen etc ) VindQw ~ u (Accessing any other window other than the test vinoo)
I
Lac Face not Detected (Candidate not present in front of systenl)
-fllltipJe persons detected
i Foreign Device Observed (~vlobileT ab letsCa leuia tors etc)
Candidates observed
II OwnerSlliL I
Proctor l
0_
3
Systell1 Ii
0_
Proctor l _
3
LProctor _
3
Proctor i
Proctor L
P~()ct()r Actim the candidate may 110t hay noticed l11essages i1-0111 the proctor in the course of anc~llpting the exarlination Send tlyo yarnings m the cnndidare If a candidate persists with this be11ayio1[ the procmf shalt inform tbe Super Proctor Super Proctor may recommend t11m candidates should be conracted through the system for clarification or disqualified
Candidate will be loggerl our of the -xal - middotl1hafmiddoto~h at~middot1 c1 _ ~UCh - ~ 1 dllC1UY I
accounts for occasional 0Jc~m popmiddot ups Inacyertent errors)
Proctor may issue to candidates when the first tiw attempts afe detected
Send one warnjl1~ If the candidate does nor reUlrn within 45 seconds tennlnate the candidates examination attempt immediately Proctors Jllay permit 10 additional seconds in situations Where they in theit discretion determine that the candidate 111ay not hay noticed
--warning messages 110111 the proctor in the conrse of Jttempting the examination Send one vaming to the candidate
~~~~
If the other person does not leave imrnediatcly tenninatt the candidateS fxaluination rmempt immediately Proctors shall when comempla ring the abo1e actions account for a PVD candidmes fhm may be
_cHsing b Candidates that mav be 3D faring~p
for the exarnination at test centres
Send one wamin to the candidate If the candidate still persists terminate the candidate5 ~xalnination attempt immediately Send one to the candidate
7
i f--
S~o r HalpnKtke OWllerlthiJ Acflim
Headphones Blueworh _ Check if the candidate is only using it Audio devices for microphones purposes fle
plugged into systel11 as an external 3uaclled microphone bur candidate is not wearing earptcef h~adset)
o If the candida does nor comply with
the proctors instructions rermilk1te the candidate s examination attempr I immediarely_- ----+-_--shy
9 Simulmn~ou5 login Proctor L Proctors will observe rhe picmres of nne1l1pts 11mlriple candidates fr01l1 all such dcices
~0 _ If ir is observed rhar someone other rhan the candidate is using snell other d~vic~s proctor to renuinme the exafn immediately
3 If a candidate is observed on all snch Ideices proctor will flag the issue for
the Super Proctors anenrion Super Proctor nlay recoffilllend that
Ibull bull
candidates be contacted through the system for claritlcarion or disqualified Further investigation posr the examination may be carried out with help of audit togs generated on the SYSTem and lLSIU may disqualify the cundidllle upon such I eXaJlJnation
10 Any other malpractices Proctor Super Proctors Super Proctors may in nor describe above Proclor addition to situations where Proctors
Super Proctors detect any potential malpracrices as described above ask the candidate to perform any of the aceions described ill this column titied Proctor Action at any lime and tU
their discretion III addition to the demits set om in
these Prorocols~ the Super Proctors shall haVe the authoriry 10 disqualify a candidate terminate the candidate S examination attempr in the event they detect any act or onssion that docs nol comply with the requiremems of inregriry of a test of the llamre of the -LAT 2020
~OTES
j Instructiolls will provided to candidates on the rest screen as well as in advance of rhe examinarioll in a Candidare MannaI in relation to sinrariolls such as power ems internet
3
lo~ faiiures The assessment system used for the NLAT ~020 may permit the candidate to continue ansrering the question paper In events of internet failure hoyever this is subject to the Proctors discretion and subject TO the candidate system re-connecting to the examination interface it11i11 the rhlle and in the l11anner stipnlated ill the Oll~$creell instmctions and the Candidate ManuaL lilile every attempt shall be made to ensure that commullications instructions and requests promptly are delhered to candidates during the examination process candidates shall have the responsibility to ensure that they respond to such communications messages instructions and requests promptly
3 NLSIU reserves the right upon conducting a derailed and thorough sCl1lriny ofrhe system reports generated for short1isted candidates after the exanlination to any such candidates test scores in the event the system reports in KLSICs opinioll reveal any act or omission tllat does no comply 1rh the req1irements of of a res of the namre rhe NLAT 2020
4 NLSIU rnay re-iey update these Protocols at any tilne prior ~o the exarninarlon at discretion All registered candidates shall be Infof1ned of such elSlOllS l1pcla~s prior ro time of their examination
0-+ A~exURR-IebullNATIONAL LAW SCHOOL OF INDIA UNIVERSITY
Post Bag No 7201 NAGARBHAVI BENGALURU bull 56C 242 (Old Code No 560 (72) INDiA
T6efax OSQ 2321 31602315 Q532 535 Fax 080 2316 0534 Website VhOIS(1CT EmaM
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1i1I Jur lh- liPL Ll 1 I 2u~o gtlJhitbLlt Hi
J A University for Lega Studies and Research sponsored by the Bar Council of IndJa and established under Karnataka Act 22 of 1986
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
IN WRIT PETITION (CIVIL) NO1030 OF 2020
IN THE MATTER OF
RAKESH KUMAR AGARWALLA amp ANR PETITIONERS
VERSUS
NATIONAL LAw SCHOOL OF INDIA UNIVERSITY
BENGALURU amp ORS RESPONDENTS
APPLICATION ON BEHALF OF RESPONDENT NO1
SEEKING EXEMPTION FROM FILING DULY ATTESTED
ORIGINAL COUNTER AFFIDAVIT
TO
THE HONBLE CHIEF JUSTICE AND
OTHER HONBLE JUDGES OF THE
HONBLE SUPREME COURT OF INDIA
THE HUMBLE APPLICATION OF THE
RESPONDENT NO1 ABOVE NAMED
MOST RESPECTFULLY SHEWETH 1 That the respondent No1 is filing the accompanying Counter
Affidavit of its authorized representative in the present matter
2 That the Respondent No1 craves leave of this Honble Court to
refer to and rely upon the contents of the accompanying countershy
affidavit
loi 3 That due to the situation prevailing on account of corona virus
pandemic the authorized representative of the respondent No1
is unable to get her Counter Affidavit duly attested f notarized
Accordingly the respondent No1 is constrained to file the nonshy
attested signed affidavit in support of the present countershy
affidavit
4 That in the light of the above-mentioned facts and circumstances
which are beyond the control of the Respondent No1 it is
imperative that the Respondent No1 is exempted from filing the
duly attested Affidavit in support of the present counter-affidavit
5 That the present application is made bonafide and deserves to be
allowed in the interest of justice
PRAYER
It is therefore most respectfully prayed that this Honble Court
may graciously be pleased to allow this application and
(i) Exempt the Respondent No1 from filing of the duly attested
original Counter Affidavit and
(ii) Pass such order(s) as this Honble Court may deem fit and proper
in the facts and circumstances of the present case
AND FOR THIS ACT OF KINDNESS THE APPLICANTS AS IN DUTY
BOUND SHALL EVER PRAY
FILED By
~ (KUMAR DUSHYANT SINGH)
ADVOCATE FOR THE RESPONDENT No1 FILED ON 14092020
ItJ1
iN SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
IN WRiT PETITION ViL) NO1030 OF 2020
rnON[HS
VERSlS NnOiIL LNV SCHOO GF INDiA UrJ1VERSiTY
l~G Ul-ZU amp OFS
AFFIDAVIT ) fhO[vlS fv1L Nt Thornas
years at Faculty Quarters Block 2 National ind Nagarbhavi Bengaluru 560072 do afffr and statG on oath as under
the Respondent NO1 in the present
VJith of the case and
affirrn to this affidavlt
2 the contents of accompanying application exenlption are
true correct ~o my Knowledge and belief nOthing rrt3hrial
llas concealed ti
VERIFICATION
at Bengau(u on)~ cay of September 2020 that the
contents of above affidavit are true and correct to my knOWledge and
and nothIng rnateria has concealed therefrom
I 10 ANNEXURE-R-19 I True Copy of the table prepared by the Respondent No2 and produced in his Counter- i ~1-~o Affidavit describing the said efforts
I 11 ANNEXURE-R-110
True Copy of minutes of the faculty meeting dated 11-1 3 middot 06082020
12 ANNEXURE-R-1I11 91 8tTrue Copy of the draft minutes of the
Executive Council meetings dated 12082020 and t+--f18082020
13 ANNEXURE-R-112 True Copy of the Report of the Admissions
I Committee trD I
bull 14 ANNEXURE-R-113 True Copy of the minutes of the Faculty Meeting ~I-ladated 31082020
15 ANNEXURE-R-114 True Copy of the Communication dated 03092020 regarding NLAT 2020 issued to the ~+-t)~Nominee of the Chancellor and Executive Council members
16 ANNEXURE-R-115 True Copy of the Communication dated -~03092020 regarding NLAT 2020 addressed to
i the Faculty of NLSIU
I 17 ANNEXURE-R-116
True Copy of the Communication dated f-ttc)03092020 regarding NLAT 2020 addressed to the Consortium of National Law Universities
18 ANNEXURE-R-117 The Proctoring Protocol established by NLSIU to loo-oi effElctivelv detect candidate malpractice
I
I
19 ANNEXURE-R-118 True Copy of the press release issued by NLSIU on 12092020 depicting the said facts
18 ApPLICATION ON BEHALF OF RESPONDENT No1 SEEKING EXEMPTION FROM FILING DULY ATTESTED ORIGINAL COUNTER AFFIDAVIT
14shy
~oSI I
1 IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
IN WRIT PETITION (CIVIL) NO1 030 OF 2020
IN THE MATTER OF
RAKESH KUMAR AGARWALLA amp ANR
VERSUS
NATIONAL LAW SCHOOL OF INDIA UNIVERSITY BENGALURU amp ORS
PETITIONERS
RESPONDENTS
COUNTER-AFFIDAVIT OF RESPONDENT NO1
I Prof Sarasu Esther Thomas daughter of Mr AM Thomas
aged about47 years residing at Faculty Quarters Block 2 National Law
School of India University Nagarbhavi Bangalore - 560 072 Registrar
of the Respondent No1-University (NLSIU) solemnly swear on oath
and state as follows
1 The above Writ Petition is not maintainable is without merits and
liable to be dismissed in limine
2 The above Petition is filed calling in question the decision of
NLSIU to hold an admissions test called National Law Admissions
Test 2020 (NLAT 2020) for selecting candidates to join the five-
year BALLB (Hons) undergraduate programme and one-year
LLM postgraduate programme
3 NLSIU submits that the above Writ Petition is liable to be
dismissed for the following reasons
a The Petitioners lack focus standi to maintain the present
Petition
b The decision to implement NLAT 2020 is entirely justified in
the facts of the case and is in the public interest and in the
interest of students at large because implementation of
NLAT 2020 is the only way to avoid a Zero Year where
students will lose the opportunity to join NLSIU in the
current academic year
The academic year at NLSIU must be of at least 285 days
duration for reasons more fully explained herein below
The academic year for the incoming batch of first-year
students for the Academic Year 2020-21 will fall short of
285 days if NLSIU does not complete admissions by
18092020
Therefore postponement of CLAT 2020 from 07092020 to
28092020 rendered completion of admissions to NLSIU
and commencement of term by 18092020 impossible To
ensure that students aspiring to join classes in Academic
3 Year 2020-21 were not consequently denied the
opportunity to study in NLSIU NLSIU implemented NLAT
2020
c The implementation of NLAT 2020 is also permitted under
and in accordance with applicable law As per the NLSI
Act the Executive Council is the Chief Executive Body of
NLSIU The Executive Council has categorically authorised
the Respondent No1 conduct its own admissions process
The impugned examination NLAT is held pursuant to the
said categorical and unanimous decision of the Executive
Council
Further the Memorandum of Association and Bye-Laws of
the Consortium of National Law Schools which conducts
the CLAT exam do not prohibit a member from conducting
its own admissions test to determine admissions especially
when CLAT is not held by the Consortium In any event
even assuming without admitting that the Bye-Laws do not
permit it the same would result purely in a dispute amongst
members of Consortium and cannot be urged in this Writ
Petition
Re Maintainabilitv
4 The Petitioner No1 claims to be the father of an aspiring law
student However absolutely no materials are placed on record to
depict the said fact Further it is neither averred that the child of
the Petitioner No1 is a minor nor is any material or evidence
depicting his I her minor status placed on record As such the
Petitioner No1 has no right to move the Petition on behalf of his
child
5 Pertinently no student has himself or herself filed any
proceedings calling NLAT 2020 in question before this Honble
Court
6 The Petitioner No2 is the Chairperson of a private law college
viz Vivekananda Institute of Professional Studies Every
institution imparting legal education in the country has an interest
in the outcome of the present litigation The above college is not a
member of the Consortium and Petitioner No2 is not aggrieved in
any manner It is also sad that the Petitioner No2 having been
the Vice-Chancellor has chosen to file this writ petition knowing
28thfully well that holding the exam tentatively on September
would have resulted in a complete washout for NLSIU On the
5 other hand the other 21 colleges would not be affected as they
follow a semester system
7 Without prejudice to the foregoing preliminary contentions
regarding maintainability NLSIU craves leave to submit
regarding the merits of the matter as follows
RE FACTUAL BACKDROP RELATING TO NLAT 2020
Brief Background regarding NLSIU
8 NLSIU is established pursuant to a joint initiative of the Honble
Judiciary the Bar Council of India (BCI) and the Karnataka Bar
Council with a view to create a premier institution of legal
education in India It was set up by the National Law School of
India Society established by BCI Trust as a society under
Karnataka Societies Registration Act 1960 comprising members
of the Bar and legal academics to establish a leading national
institution for legal studies The said society approached the
Government of Karnataka to host the school in Karnataka The
State of Karnataka agreeing to such request enactedthe
National Law School of India Act 1986 (Karnataka Act No22 of
1986) for this purpose (NLSI Act)
9 NLSIU which was established as an autonomous national-level
institution under the NLSI Act is now recognized globally as the
premier institution for imparting legal education in the country to
students from India and overseas
10 NLSIU at present offers the following courses of legal study
a five-year undergraduate programme leading to the award of
BA LLB (Hons) degree
b one-year postgraduate programme leading to the award of
LlM degree
c two years Master of Public Policy post graduate
programme and
d Ph D I M Phil Research Degree programme
11 NLSIU carries out its functions autonomously regulated by its
governing bodies under the NLSI Act in consonance with the
professional legal education standards prescribed by the BCI In
exercise of its said autonomy NLSIU defines its own pedagogy
and the structure of the courses of legal studies to be offered by
it as also various structural elements such as its academic
calendar faculty intake and capacity etcetera
Brief Background regarding Historv ofAdmissions to NLSIU and Genesis of eLA T
12 From inception NLSIU has had autonomy in determination of its
admissions process The mode of admission into the University
was originally fixed by the Executive Council in its first meeting
dated 29081987 to 30081987 wherein it was decided as
follows
I The draft proposal of the Academic Council to Actions have the selection of the students done through will be an All India admission test and interview was taken as approved The procedure for admission Test per the and the selection may be decided by the decision Academic Council and implemented by the of the Director However the Executive Council Executive disapproved the recommendation of the Council Academic Council to pay one-way second-class train fare to the students called for the interview
The Council noted the sample objective type question paper presented by the two experts on the request of Professor Upendra Baxi However the matter for finalizing the test was left to the Academic Council and the Director The Council noted the format of admission Test provided by MIs RC Mishra and CB Dwivedi of Banaras Hindu University as the instance of Professor Upendra Baxi
True Copy of the relevant extract of the Minutes of the First
Meeting of the Executive Council is annexed herewith and
marked as ANNEXURE-R-11 (Page No l-40)
13 Pursuant thereto the Academic Council of NLSIU met on
12121987 and resolved the final procedure for admission True
Copy of the minutes of the meeting dated 12121987 is annexed
herewith as ANNEXURE-R-1I2 (Page No 51)
14 Until 2007 NLSIU was conducting its own entrance examination
for admissions into its various programmes Pertinently even till
date NLSIU continues to conduct its own admissions process for
the MPP programme and Ph D programme mentioned in
paragraphs 1 O(c) and 10(d) above
15 In or around 2007 in the backdrop of proceedings before this
Honble Court in Varun Bhagat v Union of India and Ors
wP(C) No 68 of 2006 a meeting of the (then-existing) seven
National Law Universities was convened by the Ministry of
Human Resource Development to consider implementation of a
joint entrance examination for admission to the said NLUs The
seven NLUs entered into an MOU to conduct a common test
J known as the Common law Admission Test (ClAT) It was
agreed that each participating University shall conduct the exam
by rotation The matter of adopting such a common entrance test
was also deliberated by the Executive Council of NlSIU in its
meetings dated 27012007 and13052007 wherein the
Executive Council directed that NlSIU should ensure it plays a
lead role in implementation of such common entrance test True
Copy of the minutes of the meeting of the Executive Council of
NlSIU dated 27012007 is annexed herewith and marked as
ANNEXURE-R-113 (Page No +)
True Copy of the minutes of the meeting of the Executive Council
of NlSIU dated 13052007 is annexed herewith and marked as
ANNEXURE-R-114 (Page No S 16 Thereafter the ClAT process itself was called in question before
this Honble Court in two separate proceedings ie Shamnad
Basheer v Union of India WP(C) No 600 of 2015 and Disha
Panchal v Union of India WP(C) No 551 of 2018 In Disha
Panchars case where grievances relating to ClAT 2018were
raised this Honble Court directed the Ministry of Human
Resource Development to appoint a Committee to investigate
1o CLA T 2018 suggest remedial measures and look into future
arrangements for the exam and this Honble Court also observed
that the idea of different NLUs conducting the exam each year
needs to be revisited In Shamnad Basheers case four issues
were raised regarding CLAT namely (a) the decision of the
Universities to conduct the exam in turn by rotation (b) the
quality of the exam itself (c) the integrity of the exam and (d)
issues relating to accessibility particularly amongst
underprivileged segments of society
17 The concerned NLUs in this backdrop and independently of any
directions of the Honble Courts in the said proceedings resolved
to establish a Permanent CLAT Secretariat at NLSIU Bangalore
by incorporating a registered society namely the Consortium of
National Law Universities A plain reading of the Memorandum of
Association and Bye-Laws of the Consortium clearly
demonstrates that the objectives and purposes for which it was
formed were multifarious in nature and not restricted to
conducting the entrance exams The concerned NLUs further
decided that the said society would be responsible for conducting
the exam under the leadership of the Consortiums Executive
Council Based on the said decision the Respondent NO3 (the
Consortium) was formed as a society under the Karnataka
Societies Registration Act 1960 NLiSU was given a central and
prominent role in the Consortium and it was decided that the
Secretariat would be permanently located at NLSIU Bangalore in
order to address the concerns raised in Shamnad Basheers
case
18 The Petitioner in the said case however(relying on an Expert
Committee Report submitted in Disha Panchals case
recommending that a government agency be mandated with
conduct of CLAT sincemiddot rotation-based implementation by
individual colleges was undesirable which Report had been
submitted prior to constitution of the permanent Consortium
Secretariat) pressed for the National Testing Agency to be
entrusted with conducting CLAT This Honble Court vide its
latest Order in the above proceedings dated 28112018 directed
the Ministry of Human Resource Development to convene a
meeting amongst the stakeholders to consider this prayer True
Copy of the order dated 28112018 in wp(C) NO600 of 2015
12 titled as Shamnad Basher Vs Union of India is annexed
herewith as ANNEXURE-R-1f5 (Page No amp-I-J) However thereafter there have been no further proceedings in
the said case
19 As is clear from the foregoing establishment of the Consortium
and CLA T were purely voluntary decisions taken by the
respective NLUs pursuant to deliberations amongst them and in
order to resolve issues and concerns that had been raised by
various stakeholders including in the afore-described
proceedings before this Honble Court Further and specifically
to the best of the Answering Respondents knowledge - and on a
perusal of the various Orders of this Honble Court in the
aforesaid proceedings- it is crystal clear that this Honble Court
did not issue any directions to establish or implement either a
common law entrance exam or a Consortium of National Law
Universities In fact even the Petitioners do not rely on any such
Orders
20 The voluntary nature of participation in the Consortium and
consequently CLAT is also established by the fact that the Bye-
Laws of the Consortium itself provide for voluntary withdrawal
13 which could never have been permitted if the Petitioners
contention that it was the result of Orders of the Honble Court is
correct
21 NLSIU as a party to the deliberations amongst the NLUs
described above has been at the forefront of implementing
CLAT and also taking continuous measures to enhance and
improve the CLAT admissions process right from the inception
and till date
Events relating to CLAT 2020 Inordinate Delay in Holding CLA T 2020
22 Even for the Academic Year 2020-21 NLSIU actively partiCipated
in the announcement and implementation process of CLAT 2020
23 As per the original schedule for CLAT 2020 the exam was to be
conducted on 10052020
24 However starting from March 2020 and thereafter the
Consortium resolved from time-to-time to reschedule the CLAT
2020 due to the COVID-19 pandemic as follows
Date of decision to Rescheduled Rescheduled Decision reschedule from - Date to- Date taken by
21042020 10052020 21062020 General Body
18052020 21062020 To be notified Executive Council
14shyI
29062020
05082020 I
10082020
28082020
NA
I
22082020
NA
07092020
22082020
To be notified
07092020
28092020
Executive Council
Executive Council
General Bodv
I Executive bullCouncil
25 As is clear from the foregoing CLAT 2020 which was originally to
be held on 10052020 now stands delayed by more than four
months to 28092020
26 The aforesaid decision to postpone CLA T 2020 to 28092020
would have compelled NLSIU if it were to rely on CLAT to
complete its admissions to declare a Zero Year ie forgo
admissions into the first year of its BA LLB and LLM
programme for the reasons explained hereafter
27 NLSIU amongst 23 NLUs is the only NLU which maintains a
trimester system-based academic calendar The trimester system
is implemented as per the decision of the Executive Council of
NLSIU in its 4th meeting held on 11091988 The Executive
Council in the said meeting decided that each Academic Year
shall be divided into 3 academic terms of mandatory 70 working
days each True Copy of the relevant extract from the Executive
S Committees Resolution dated 11091988 is annexed herewith as
AN N EXURE-R-1 16 (Page No J)
28 The requirement to hold mandatory seventy working days in each
trimester rests on the fact that NLSIU offered a novel integrated
five year dual-degree programme that would otherwise take six
years to effectively deliver In this backdrop in order to comply
with applicable UGC guidelines and justify a five-year
programme the University devised a trimester-based model
which could sustain the additional workload and justify the five-
year timeframe The same therefore necessarily requires an
academic year to be at least 285 days long (even if the usual 15
days break at the end of each term required for evaluation and
analysis is reduced to 5 days) A detailed note explaining the
aforesaid timeframe required for completion of an academic year
are annexed herewith as ANNEXURE-R-17(Page NOT~
29 Therefore the requirement to complete 285 days in the Academic
Year 2020-21 coupled with the requirement to start the next
academic year (2021-22) on 01072021 meant that NLSIU has
to start its first-year classes for the Academic Year 2020-21 by no
later than 18092020
I 30 Pertinently the impact of delays in CLAT on academic calendars
is not only real but also felt by other institutions For example
Nirma University which conducts its LLM programme on the
basis of trimester system was constrained to withdraw from
CLAT 2020 due to the delays in conduct of the same True Copy
of the Communication of Nirma University to the Registrar of
NLSIU dated 12092020 is annexed herewith and marked as
ANNEXURE-R-1S (Page NO-=t-)
NLSIUs Efforts to Complete Admissions through eLAT 2020 Process
31 NLSIU in view of the need to complete admissions and
commencement of the course by 18092020 made substantial
bona fide efforts to convince the Consortium to facilitate the
conduct of CLA T 2020 in a timely manner
32 The Respondent No2 has in his Counter-Affidavit laid out the
efforts made by him to avoid postponement of CLAT 2020 NLSIU
adopts the averments made in this behalf in full True Copy of the
table prepared by the Respondent No2 and produced in his
Counter-Affidavit describing the said efforts is annexed herewith
as ANNEXURE-R-19 (Page No i1f~
33 Further in light of the repeated delays when CLAT 2020 was
postponed on 28082020 to 07092020 NLSIU also proposed
several alternatives to the Consortium which would enable
universities to complete their admissions within the timeframe
required whilst leaving it open to members if they so choose to
delay their admissions process The options furnished were (a)
for NLUs to proceed with their own admission process for 2020shy
21 (b) allow for CLAT 2020 to be conducted in two series so that
Universities may choose an earlier or later date and (c) for NLUs
to admit CLAT-enrolled students to appear for separate exams
conducted by the NLUs with no further need for registration or
fee payment However the members of the Consortium did not
agree to any of the alternatives suggested Subsequently on
10082020 the General Body of the Consortium met and
decided to hold CLAT 2020 on 07092020 If CLAT 2020 was so
held it would have enabled NLSIU to complete the admissions
process in time to meet the requirements of its academic
calendar
Faculty and Executive Council Decision re Alternative Admissions Process Announcement of NLAT 2020
34 The Faculty of NLSIU at their meeting dated 06082020 had
considered a short presentation made by the Registrar of NLSIU
on the effect of the postponement on NLSIUs admissions cycle
and academic year and noted the dangers of a Zero Year
including loss of talent to the University loss of opportunity by
students to study at NLSIU and monetary losses over 5 years
The Faculty in this backdrop unanimously resolved that NLSIU
needed to take all measures necessary to avoid a Zero Year
True Copy of minutes of the faculty meeting dated 06082020 is
annexed herewith as ANNEXURE-R-110 (Page NOI)
35 As the continued delays in CLAT 2020 would frustrate NLSIUs
academic calendar the Executive Council at its 91 51 Executive
Committee meetings dated 12082020 and 18082020 resolved
and directed the University to implement an independent
admissions process if the CLA T 2020 was further delayed beyond
07092020 True Copy of the draft minutes of the 91 s1 Executive
Council meetings dated 12082020 and 18082020 is annexed
herewith and marked as ANNEXURE-R-111 (Page NO +- tamp)
Efforts taken to Implement NLA T 2020 Effectively with Engagement of All Stakeholders
36 NLSIU being left with no other alternative had to act with alacrity
to complete the admissions process and commence classes by
18092020 and avoid a Zero Year
37 In this backdrop and pursuant to the directions and instructions of
the Executive Council at the meetings dated 12082020 and
18082020 to devise alternative methods to complete
admissions the Respondent No2 convened a Admissions
Committee to consider the modalities for completing admissions
The Admissions Committee considered three options for
admission for incoming students First a centre-based computer
entrance examination Second a home-based online examination
for all students and Third a three-stage process providing weight
age to 10+2 marks online entrance examination and an
interview
38 The Admissions Committee in weighing the feasibility of the
aforesaid options took into account all relevant factors including
the time constraints and costs the requirement to ensure that
candidates are not put to any undue disadvantage as a result of
the decision and also the prevailing practice of NLSIU prior to the
introduction of the CLAT to conclude that an entrance test
conducted online at the earliest and with the lowest possible
application fee would constitute the most fair transparent and
accessible admissions process in the above circumstances The
Admissions Committee expressly noted that the said approach
would be in line with the decision of the Executive Council in its
meeting dated 28081987-30081987 as also the subsequent
decision dated 12121987 of the Academic Council whilst
implementing the aforesaid view of the Executive Council (which
decisions are more fully described hereinafter)True copy of the
Report of the Admissions Committee is annexed herewith and
marked as ANNEXURE-R-112 (Page No S=J) 39 On 31082020 NLSIU convened a Faculty Meeting and the
proposals of the Admissions Committee were duly deliberated
and accepted The Faculty unanimously agreed that a separate
admissions procedure would be in the best interests of the
students and NLSIU True Copy of the minutes of the Faculty
2 Meeting dated 31082020 is annexed herewith and marked as
ANNEXURE-R-113 (Page N0-11)
40 Pursuant thereto the Vice-Chancellor formed a team consisting
of faculty members and professionals to finalize the modalities of
the examination and also appoint after evaluation the
appropriate service providers to facilitate the conduct of the
examination
41 Thereafter once these actions were completed by the said team
and the modalities were frozen the Respondent No2
communicated I caused to be communicated through the
Registrar the final arrangements to the Nominee of the
Chancellor the Executive Council the Faculty of NLSIU and also
the Consortium itself The details regarding the same as also the
conversation between the Respondent No2 and the nominee of
the Chancellor of NLSIU are averred by Respondent No2 in his
Counter-Affidavit NLSIU craves leave to adopt the said
averments True Copy of the Communication dated 03092020
regarding NLA T 2020 issued to the Nominee of the Chancellor
and Executive Council members is annexed herewith as
ANNEXURE-R-114 (Page No ~V
True Copy of the Communication dated 03092020 regarding
NLAT 2020 addressed to the Faculty of NLSIU is annexed
herewith as ANNEXURE-R-115 (Page No -1) True Copy of the Communication dated 03092020 regarding
NLA T 2020 addressed to the Consortium of National Law
Universities is annexed herewith and marked as
ANNEXURE-R-116 (Page No It)
42 Therefore the decision to hold NLAT 2020 was notified on
03092020 only upon completing the processes described
above and with due and full disclosure to internal stakeholders
the Executive Council as also the Consortium itself
43 It is in the above factual backdrop and pursuant to permission
granted by this Honble Court in its Order dated 11092020 in the
above proceedings that NLSIU has implemented NLAT 2020 with
a view to avoid declaring a Zero Year
RE LEGALITY OF NLAT 2020
Re Statutory Power of NLSIU to Convene NLA T 2020 Scope of Executive Councils Powers under Statute
23 44 NLAT 2020 is implemented by NLSIU in the aforesaid factual
backdrop and in exercise of its statutory powers and functions
Pertinently it is implemented pursuant to and in terms of the
express decision of the Executive Council in the 91 stExecutive
Council Meeting wherein in the second session of the said
meeting held on 18082020 it was resolved as follows
The Executive Council unanimously reconfirmed this resolution to empower the Vice Chancelor and the University to conduct an independent admission process in the event that CLAT 2020 is delayed furthet
45 The power of the Executive Council to make this decision is
manifest from Section 10 of the NLSI Act which provides as
follows
10 The Executive Councilshy
(1) The Executive Council shall be the chief executive body of the School
(2) The administration management and control of the School and the income thereof shall be vested with the Executive Council
46 Even as per the settled law laid down by this Honble Court in
TMA Pai Foundation v State of Kamataka (2002) 8 SCC 481
the right of the educational institution under Article 19(1 )(g) of the
Constitution as recognised by this Honble Court encompasses
the right to admit students In the said Judgment at para 50 this
Honble Court held as follows
50 The right to establish and administer broadly comprises the following rights
(a) to admit students (b) to set up a reasonable fee structure (c) to constitute a governing body (d) to appoint staff (teaching and non-teaching) and (e) to take action if there is dereliction of duty on the part of any employees
47 As a matter of historical practice as well the Executive Council is
the supreme authority which is empowered to take decisions as
the chief executive body of the school The same is evidenced
from
a The decision of the First Executive Council meeting dated
29081987 - 30081987 wherein the mode of admission
is decided (produced above as Annexure R 1) and
b The decision at the Executive Council meetings dated
27012007 and 13052007 regarding admission through a
common entrance test (produced above as Annexure-R-13
and Annexure R-14 respectively)
2S 48 It is therefore indisputable that the determination of the method
of admission to NLSIU vests under the statute with the
Executive Council
49 The related contention that the Executive Council cannot decide
on the mode of admission without reference to the Academic
Council is misconceived The said contention is asserted on the
basis of conditionality imposed by the Second Proviso to Section
13 of the NLSI Act requiring that the Executive Council seek the
concurrence of the Academic Council before making amending
or repealing any regulations regarding the mode of enrolment or
admission of students As is clear from a plain reading of the said
provision the requirement for prior concurrence arises when the
Executive Council exercises its power to make regulations
50 In the present case there are no extant regulations in place
regarding or in respect of admissions into NLSIU
51 It is well-settled as per the law laid down by this Honble Court in
PTC India vs Central Electricity Regulation Commission (2010) 4
SCC 603 that the executive or administrative power vested in a
body under statute can be exercised independently of and
without recourse to subordinate legislative power vested in it
under the same statute In the present case the Executive
Council has exercised its executive or administrative power
which is not conditioned in any manner
52 The other contention sought to be urged in this regard that the
Vice-Chancellors decisions to hold NlAT 2020 do not fall within
the scope of are not authorized by the aforesaid decision of the
Executive Council dated 1218092020is also misconceived In
the first instance the said contention is wholly false for reasons
stated in the Counter-Affidavit of the Respondent No2 (the Vice-
Chancellor of the Respondent NO1-University) and the same is
fully reiterated herein In any event the said contention is also
untenable in law in view of Regulation 12 (re the Executive
Councils powers of delegation to the Vice-Chancellor)
Regulation 18(2) (re the Vice-Chancellors powers co-extensive
to the Executive Council) and Regulation 18(5) (re the
emergency powers of the Vice-Chancellor)
Re NLSIUs Power and Right to Conduct an Alternative Admissions Test to CLA T 2020 is not Constrained bv Orders of the Honble Courts
2~ 53 NLSIU adopted CLAT for purposes of admissions on a voluntary
basis
54 It is denied that there are any judicial directions to the NLUs to
hold CLA T In fact the Rajasthan High Court in respect of a
prayer for directions to NLU Delhi to admit students through
CLAT refused to do so in the case of Law Prep Tutorials Pvt
Ltd v Union of India DB Civil WP(PIL) No 754 of 2017 by
holding as follows
So far joining or not of a particular University in the Common Law Admission Test is concerned as at present we are unable to find any specific legal requirement where for any particular University may be directed to join the Common Law Admission Test by the Court Further the issues as to how the admission process and the examination process is to be conducted are required to be left for the decision and execution by the organising University Therefore as regards prayers Nos 4 and 5 we are not persuaded to entertain this petition
[Emphasis supplied]
55 The convenor of CLAT at that time viz Gujarat National Law
University was a party to the above case Therefore the
Consortium now cannot contend that CLAT is a mandatory
requirement for NLUs which contention is squarely contrary to
the aforesaid finding
56 In fact the Petitioners themselves do not rely upon any directions
of the Honble Courts in relation to establishment of CLAT or
adoption of the same The reference made to the Preamble of the
Consortiums Memorandum of Association in this behalf is
misconceived The language therein clearly depicts that this
Honble Court directed the Ministry of Human Resource
Development to convene a meeting amongst NLUs and the NLUs
then proceeded to consider the matter and resolved voluntarily
to conduct the CLAT exam The relevant recitals in this regard
as extracted below
AND WHEREAS on the direction issued by the Honble Supreme Court in Varun Bhagat v Union of India [WP NO68 of 2006 decided on 23112007] and due deliberations made by the University Grants Commission Ministry of Human Resource Development Government of India and the Council with the first seven NLUs the idea to conduct a combined test for all the thenshyexisting NLUs was conceptualized
AND WHEREAS seven existing NLUs in the year 2008 signed the Memorandum of Understanding dated November 23 2007 [the MoU] to hold a combined admission test to be organised by an NLU on rotation basis in the order of seniority
57 There are no Orders whatsoever in any of the proceedings
before this Honble Court requiring that CLAT be implemented It
is reiterated that the Petitioners themselves have neither referred
to nor produced any such Orders
58 The fact that the decision to stop implementation of the exam by
each participant-NLU on a rotational basis the establishment of
the permanent consortium and the inclusion of new universities
did not require any approval from this Honble Court also belies
the contention that the requirement to conduct CLAT arises from
Orders of this Honble Court
59 Further the fact that directions for modification of the process are
sought in Shamnad Basheers case have been entertained
without requiring the Petitioner therein to file a Review Petition
also establishes the said fact
Re Bye-Laws of Consortium
60 The contention that NLSIU is bound to admit students only
through CLAT in terms of the Bye-Laws of the Consortium and
specifically Bye-Law 1533 is entirely baseless for the following
reasons
c The Bye-Laws are a subordinate charter document binding
on the members The same cannot detract from or inhibit
the plenary statutory power conferred on the Executive
Council by the NLSI Act
d In any event Bye-Law 1533 relied upon by the
Petitioners does not have the effect as claimed by them
The said Bye-Law merely requires members in order to
eligible for membership to the society to adopt CLAT as a
mode of admission When read keeping in mind its object
and purpose the said Bye-Law cannot be construed to
require any member of the Consortium to admit students
only through CLAT even if the CLAT is not held ie the
Bye-Laws can never require a member to not admit
students at aiL
e In fact the Consortium itself has not understood or
implemented the Bye-Laws in this manner as is apparent
from the fact that all the NLUs are admitting students into
various programmes carried out by them (other than BA
LLB and LLM programmes) throughout without reference
to CLAT Therefore it is clear that all admissions to the
3National Law Universities are not on the basis of the CLAT
exam Therefore the contention that Clause 1533 of the
Bye-Laws compulsorily requires admissions to be based on
the CLAT is untenable and without basis
f Even assuming without admitting that the Bye-Laws have
the contended effect the same can only be actionable at
the instance of the society or any other members
Re NLAT Process
61 NLSIU as demonstrated above has the right to conduct its own
admission process in terms of its own statute In exercising this
right NLSIU has taken immense efforts and steps to ensure that
the test is lawful and also fair and reasonable
62 In the first instance the NLAT 2020 meets the triple test ie it
must be fair transparent and non-exploitative The NLAT 2020 is
fair insofar as it ensures an examination process that is
intellectually rigorous and meets the standards of integrity in order
to suitably judge the merit of ali candidates The selection of
candidates is based solely on their scores in the entrance exam
It has also been designed and implemented in a transparent
3) manner The examination is transparent as details thereof as
also the reasons therefore have been set out in detail through the
impugned notification NLAT 2020 is also implemented in a non-
exploitative manner by limiting the application fee for the test to
just RS150- for general candidates and Rs125- for SC and ST
candidates in order to ensure that students are not put to financial
burden due to the NLAT Further since the exam is an online
home-based examination students do not need to physically go
to an additional test centre
63 Apart from the same the authorities have also taken various
measures to ensure (a) accessibility and (b) prevent malpractices
These include
g NLSIU significantly relaxed the technological requirements
for candidates allowing them to take the examination with
minimal internet speeds and using a wide variety of
devices including Android smart phones and tablets
NLSIU also made available as many as 33 physical test
centres across the country in order to provide access to
students lacking the necessary infrastructure to appear for
~3 NLAT 2020 from home NLSIU further ensured that
necessary health and safety protocols were rigorously
adhered to at the said physical centres
h With a view to prevent malpractices NLAT 2020 is making
use of a combination of AI-based and human proctoring
Additionally the test structure has been designed in a
manner that minimises the possibility of candidate
malpractices This includes candidates not being able to
revisit a question that they have already viewed and moved
past and the randomisation of the sequence in which
questions are displayed to candidates Furthermore the
questions for the NLA T 2020 have been drafted in a
manner that requires interpretative answers which
minimises the utility of referring to the internet or other
sources for answers Since the examination is an online
examination all relevant data (including webcam recording
sound recording keystroke information data relevant for
facial detection window switches etcetera)necessary to
detect malpractices are stored and available with NLSIU
The said data will be critically reviewed and analysed prior
to completion of the admissions process Therefore even if
any malpractice has occurred the same will not and
cannot result in a student gaining admission to NLSIU
through unfair means The Proctoring Protocol established
by NLSIU to effectively detect candidate malpractice is
annexed herewith as ANNEXURE-R-117 (Page NO
64 Pursuant to the aforesaid efforts made by NLSIU to ensure
admissions to its programmes and avoid a Zero Year and
pursuant to the Orders of this Honble Court permitting NLSIU on
11092020 to conduct NLA T 2020 a total of 23225 UG
candidates and 2846 PG candidates appeared for the
examination on 120920200f this number a total of 122 PWD
candidates appeared for NLAT 2020 True Copy of the press
release issued by NLSIU on 12092020 depicting the said facts is
annexed herewith as ANNEXURE-R-118 (Page NOD4-)
65 In order to address any concerns that may arise amongst
candidates who have taken the exam NLSIU has also
established a three-stage comprehensive redressal mechanism
comprised of
i Technical Review Committee This Committee is
constituted to consider queries raised by candidates
regarding any technical difficulties in the NLAT 2020which
could be raised online within the web portal itself The
Technical Review Committee consists of Dr Sony
Pellissery Dr Kaushik Babu and Ms Apoorva Gupta
j Objections Committee This Committee is set up to
consider objections submitted by candidates in response to
the Answer Key for NLAT 2020 The Universitys
Objections Committee comprises Prof (Dr) Sarasu Esther
Thomas Prof (Dr) Mrinal Satish Prof (Dr) Arul Mani and
Assistant Prof (Dr) Bipin Sony The Objections Committee
will release the Final Answer Key on 14th September 2020
k Grievance Committee This Committee is constituted to
address any grievance raised by candidates who appeared
for NLAT 2020 following the announcement of results It
comprises Honble Justice Nag Mohan Oas Prof Babu
Mathew and Prof (Dr) Sarasu Esther Thomas
66 A small number of candidates made submissions to the Technical
Review Committee that they had faced technical difficulties during
the exam In order to eliminate any apprehensions of these
candidates that technical issues would affect their outcome
NLSIU has offered them an additional slot on 14092020 to take
the examination subject to stringent conditions to ensure integrity
of the examination All measures to avoid malpractice are
implemented in respect of this additional slot as well
67 The fate of these students is now entirely dependent on the
admissions processes being completed as per the aforesaid
schedule and commencement of the academic year on
18092020 Unless the same is done NLSIU will be constrained
to declare a Zero Year Consequently not only will 120 students
lose the opportunity to join their studies at NLSIU (or at the very
least lose one year in order to apply again next year) but the
same will also impact admissions in all other NLUs since - as the
first preference law school for most - the Zero Year at NLSIU will
have a cascading effect on all admissions to all NLUs
68 Hence there is no legal or equitable bar to conducting the NLAT
2020
69 It is submitted in this context that NLSIUs inability to complete
admissions will irretrievably damage the University and result in
significant impact on not only its finances but also the public
perception of the university Moreover the same will have a
cascading effect on the effectiveness of NLSIUs academic
programme and result in loss of an entire batch of graduating
lawyers in five years time All of these adverse consequences
will impact NLSIUs standing in the legal education sector
70 Hence it would be in the interests of justice and equity that
NLSIU be permitted to release the examination results of NLAT
2020 and complete its admissions so as to commence the
academic programme in a timely manner and as per its revised
academic calendar
It is therefore submitted that the present Writ Petition may be
dismissed with exemplary costs
I
DEfi~tifiNtTi~ VERIFICATION
p~) 8atl N-lti 20t 14301 Verified at Bengaluru on this 14- th day of September 202~th~fthe
contents of above counter affidavit are true and correct to my knowledge
and belief based on records maintained by Respondent No1 in the usual
course and nothing material has been concealed therein
Icti )n Tacn 6 AN-e)(~~ ampcent
Th Council noted the QrcDos~l to hmiddotve thE Fmiddotc-jernic ltct ivi ties frorrshy th comincly~r
1 Heiular coursplusmns it ttc undergr~dll2~tc n( post qrdu~te lC-vels l~dinc to decrrccdiplom2
followinq Ph0 )~clt-nif_rh-~-ti~-~s
b- i rc the an~~ vlhr11 (-
~1 tTl- shy
2 ~ fz-fr0-lhr C011rs-s
)~~ c s clt) rtC 1 -fJd lt0
~ p~~middotsmiddotmiddotr(J lcejccts on diilt~~-cnt it~JCS ~)y C)trncit3J instituLiorL~ (He Jtshy -----qf)C--l s
1 Duhlic2tian Df 10q~1 tExt c~s ]2 i13 ~ L~) _(~ETlal
b()o~s 2nd m~t~ri8J3 jshy
C
1( y(t teshy be tltmiddotlul1 ((1 by tt1~
bz-~ ~Ub1i-dt-t--ct 1 t tLc r)-iC~tivc
(1 s Coune 11
h 1-~ Et rroicsosl of the c(c~dfmj c Counci 1 to 3-21vt the --Ict~)r cf tLc stud~nts dor thrcuclh 2n 11 i adndssi-J t ~t -0-1 if~t rimiddot-t -5 argt~coVid~ Ill to ~dmi--si~n T ft lt~~ t~middot s-J fctiun my t d-cidcmiddotd by t1)c 7c~thrric C8UTci -gt - i -~ltiltc by th~middot Igtir cto[ ~ Hgtw0V(r~( th ExecutivL CcrtJncil
~ j -rgtJ~--il th- nc~)Dnlrdftlon of th c-c3~~m CcunciJ to p Qneuro ~Y ~~co~~ clss tr3in f~r2 to the 5tcdents call~d for the i n ~~ tv i i ~
l~cti~l hdll be th~1 (~cC is j n Cunci]
takn (s p~c
tbr SXG (u t i v~middot
ttlC cxpcrts ob j ect i JC
thmiddot- CCCfU st l-cfessor i3axi
(cr tJ~=- tTFltty of filisino tJ1(~ 1i_st W$ l~~ft to thc rc-r~--it lt ---~()un~il -gtn~ tr2lt ~j r-ctcr~ rb SouDcil not0d tb~--- f03-mt of 1lrpissicp gt1 pcovidoc t~B~H~~~istre And Cf) Dvrivlt~di of E~~- s tinl-t) lJnivccsity middot13 trc in~t~nCl of Professor L- 8lt=1)()
(J)
p~-nncnt 8cmiddot~ordinqJ y (f ~~ 2 f ano ~ 1 ~--t ~ ~_
F)utr0riS2d t(0 DIJTctoy to gtJrit( ~--~n~irjJ tb~-
or cr-j r cGrtrjb~tt on 0r cxpcnslts invGI vLd in ocqgtnisinq c~h t0St tnd intevicTl
nmiddot tc)u11cil porovmiddotd d t middotlllotmDt of 0D ~n~ount not )(_lt0inc rl~ 1~O)CltgtOO Ih Council tllI~U-_~ d~-ci t~t th~~
2~11i[~lon to th~ Is y~r LLS C2S~ b2 limited to 80 slu~~nts - n 4J[ Ll ~~7 ~J~~r thmiddot (-r3Fis~ion b ] imid tc l(i stud1tSb The -p- 1ic3tj()r f~( for ~drission test ~nd intrvi---d r0Y b~ fixed -1 12-~OO for LL~ ~~I thoc-n it Ty bE- CJhlCSC La fs SO- ir t1~middot c~s~ ~f sc~~ C~n~i~~t~s~
It middotr- -~ r_-j Limiddotj middott b i r~q rS iqc~t i~l jni 1 s i tyf the lt )O~ v11J --v~ c__ ~rrnc ~ ccc~r---oqti(jn f)r th~ cut st~li()n Bt(1(J1~
~ 1 c_ a [0- Adrnissiona The Executive Council wAntc~ tn2 ist~r
tmiddotmiddot c-)n Lor tyenit~ tYk (Jv-~nrrnt 5 (11 cS th~ oth~r ~hlcmiddot~ti()n21
In3tit~ut]~)j)S in tl-k City itcludino thmiddot Universit1 laquobout tts ivlil ~bility otmiddot tl hos~(] gtcccTirDodtlon for th~ - [cw Schrol students ( 6( i-1D1 2n ~tllmiddotlp ) hrJ~rQpri~dE propos2- in is r~q--gtld ITfIyor
b put Ul di t1i tr-middot ] of t~-~ lCrld-~lic Council in the next rnz-~~~tinG T)- ~chc)CJl CBTl _~ls() cODsicfr tIl tt=rn of Ii pqrcv~-d h-usinq eS 2xisting in Sngli linivrsiti~s till sue] tirJ th c~cl)()l c-~n sst --rp ios O1r1 hostels
ubI ICilt ion
~l~~ ~~z-cutiv_ Courcil appr0ci-3ts-c the 2sturc of th~ 30r C0uncil of 1rri1 TrusL- to 9ubJish th2 prE~-lCiv bO)KS under the joint Fu$~)ic~~s of th~ =crvol qrO tbe lrust It v2nted the Irust t) cOYsicic- 1-h7 fCC~13ibilily of publishing I~DI IllR REVLSl also jointly witmiddot~ th~ L2W Sc~~al
E1f-rts 2)-~ bCin-l rrd(- t) SCCllC_
priv~t buil-linqs fi l~t)_ f~r
bing use as h~st Is A s2p~ratE nt8 has teen this b2fn~2 th2 bx~cutive Craquouncil
icti)n ltJi11 b( taken cfte th Fecultl middot3SSlUnes chlttrgc~
~
HHIONA1 11 SCEOOL OF INDIA AMJ(URpound ~21BfJWALORE
MLlutes of the Moeting of the AOpoundlcenio Councjl of the N ional 1(lI[ School of India held at tho office of the Bar Counoil of Ina New Delhi on 12th Doccnoor 1987 at 10-00 Mil
Tho folloWL-1g nenbero were pres SJnt --
1 Shri VC iVIishra 2 Dr S K Bhatnag~ 3 Dr NR Madhvt Monon
Dr K PonnUSWQl1Y1 Deln Faculty of Lnw Delhi 1Jnivors ity
ltt eo the CGGt ing1S S pee Invitee
Dr H R )~8i1hlt)va Menon presideo over tbo iYg
Dr Menon welCOfled the DeDbers of the newly c A l1stituted
Ac e71ic Council aYlO acqunint13d then with tne a~cisiorls Jf
tLe carlier neGtings of the Acadenic Council prior to tbe
estclblisroent of tl1e Sohool under the Act After cotliled
d1souslJions on th baeis cmiddotf the Agenda notes ciroulted e8rliel
the following decisions were t1ldeshy
1 COurses of Stuoy ~~ ~ -shy ~~-------shy
1ts ionnl
COUlSOS of Study lellc1ing tl the following degrcesshy
(lJ) 1m integrnted 5-ycar LLB (Hons) L11 viev of fC1 t118t q gret dell of Soc111 Snce knowlerge vrill be inrrtcd curing tbe 5-yrhr c)trrI3C 1118 Acad eni c CDUYl oil rcc~-)nentied tl1 -ct ~ conpos)(d~-shydegree of BA (me LLB H0ns be cQrferr(l t) the students joiniLg the Nqtimll Lw Solle)l of Inilin
(b) An LLM oogrGe which shall 0xt0tc1 -( )~)C yerr (3- lrincstns)
(c) Ln M Phil (1grae of Que yecr (3~dn0sters) durfti--n c~nstitllting of t8ohing ~nd resc8rcll
(a) 1m LLD progr12ne b(]sed n writtlt5n tlesls fterrJ Phil
Bes os the above cGgroG courseo tho AcCdedc Oouncil
reco---ampnds thmiddott 11 series )f CcntiYLuing Eauc~~i n POt1lS(S Cln
sl)rt aurticl be offerGi by the Nti0n1 Lw Scbmiddot]ofIneia
to levr tGcac~8rs ju(~iot1 Dffioers t aoninistr f)X3 Pltr~
contd 2
2
II BA LLB (Hems) Progr(lme-- -~- -shy
rhe j~cBdcGic COUTIcil rocsrinonos th~t TIl t
ysr only 50 students bo 1(lTdtted t~ the LL3
Irhey r1ny be 8818 ctea ~
purely cn cerit on the b2sis ~f n ~( 8f~ i0n test cncucted at fQur difforent TO (1uring My- 1988 Tho nininlJr eligibility liDS iJn t) S be fbcd t 50 Trks lL 10 + 2 Sc1~oDl 8X2nintiC I tho Pre-University Progrrne progrlrro be trol1ted cs equivlent t 10 + 2 S ooo oxampt Those students Whfi 1rcd f8r the quelify ing exmin 1t Len in 1982 bo leo lloweo to t ke the MirisGim 01 Cl provision~l b~siB ~d they n~v be 018 ii while preprL1 g the rmiddotjerit List provmiddot1Ced middot~V8 psseC t~ie Sqid eX811in~ti8n with 50u t11rkS 6 llC1ts8icn Test be h~seil on en objeotivo typo fluesmiddotlims 1116
fthe tost n~v be fox Hurtirrn of 0 ~~Xmiddot thrn 2 hours middotr11G test crln tnclu~() [ini rw~ bel of qUGstiCTls 7~middotlicb rO(lutres viritten 2J1GlJDrE t J(lniss i)ll t8 the L~~Vl SchoCl bb bnsc(l ~n1y on t~) b +li) ~)f tl-c yritton Aanissian Test
15 of the sets be roserVGc1 pound1 1 (0 ~1 ClfJtcs 1nd 7i- Schedulefl Tribes eVC1 for tl16 reserved Seqt8~ tLe reU1LUd i1nrks ot thc qll)lifying exmination ~Gd upor
er to be eligible for t1-u c2naid-te lilvC sccured 50 DtrkS 3 i11 tes t
tlpplic-blc ven f0r rODDYV 3 s ~ -ts ~
T~~e JC1nis3ion Test 1~Y be 11811 I6gj 8TIf1
8118 it is rec)~rQcc16C b- lccld
I nr nn~ TIn AP n ~ ~t Bng8 t lJYL~J r JL ~)
~ m I n er t 0 olt-nlse AlmiddotZllS810n icsmiddotun pror)-lo tl~e qUGsti8n pSpors frtrlurto tho Gr~~~G ren(1 f inJ1ise
sien List an i~dnission C 0 C)US1OGshyr the Director 0n trec tS8Cgt 1f tlt L_w be C0Dstitutcc by t-~G ecmiddott~)r
ccn1 td __ ~ 3
It is proposed thlt the last dte for reoeipt of lpplic8tions be fixed for 2nd My 1988 1-8 Ldnission Test noy be orgcmised on 29th May 1988 ndtho Selection List Jllnounced by 15th June 1988 Phe dDissim Day be 0)[1p1eted by 25th June [ltnO the cllsses be oODnenoed fron 1st July 1988
A suitable snount IJjly be fixed for the ppliotion forn 2nd the Adnis sion Test Fee
(b) AOlldenic Terns
Ecb Acadenio year be divided into 3 1Ogt1(Iio terns e 2Cb with a uininun of 70 working days -fis 8cadenic tern be called a Triuester Thus the 5-y8fr BA LLB (Hons) Pr ogrmne will hve 15 TrilGsters It is suggested thAt the J~caoenic year nay bgin frclTl 1st July and the caderlic ter12S uay aoopt tho folloWLl1r Patternshy
i) FIRST TRIMESTER - July 1st to Septemiddotbor 30 ii) SECOND TRIMESTER --- October 15 to JAllury15
iii) THIRD TRIMESTER _Jnuary 30 to April 30 (c) Oourses and their distribution
Eaoh Trinester nay carry not nore thM 4 courses with a totp~ of 12 credits distributed Ro00tdine to the inpOrtance and coverlge of the courses Jhe subjects courses fer study for the 15 Trinesters be 2S follows
~_~T TRIME3J1ER (FIRST YEAR)
11 Leg~l Professicn in Indian Society 3 or 12 Legal Method and M~terialS 2 cr 13 Law 8l1d Politicl Orgqnization 3 cr 14 LaW and MJrket Econoy 4 cr
SECOND TRIMESTER ---~----~--~-~ 25 Law in Historicl1 Developnent 3 cr 26 Responsibility for Injurious Conduct 3 cr 27 Lqw end Socil Orgemizotion 3 cr 28 Law c~d Agricultural Deve10pnent 3 cr
THIRD THIMESTER ---~---~--
31 L2W 8nd Intcrl2tion1 Relations 3 or 32 Law ~inorities mil Vc8ker scctiolS of
Society 3 cr 33 Civil amp Crininal Procedure-I (Oourt Systen) 4 cr 34 Eldctive Clinical ProgramplJJe 2 cr
C~)l ~d 4
--bullbull
4
9P~1 )2E1llEsect lER ( (13~f~~X~lE__ ~~l~~E~)_ 4 1 Hunn Rights Soci31 Jus-nice nno LSVi 4amp 2 Low 2nd S oci_~ Oontrol - CriLle and
PUllisl1DDnt 43 Civil41d Crininal ProceDure II 44Elective Clinicl Prog1flne
rUTH THIMw~ER----shy --~-- ~--~
51 Cririnal Lw~ Clini1Dlogy amp SDcb DLmse 52 LV nri 1~_ 1lJLy TI81st i0nJ3 1 53 Lqw Plnn jng 8 Ec~rnDnic DevelJcent 54 Contractu1 Rel(]tiirs an(1 RoneHes
(Spec ifjc Reliefs)
SIXTH rR IMES TER -~-----
6 1 N~n--Cririnq_l InjuriDus C~-nnuct ~ni of Torts
62 L8W (lud PYlily Reltims II 63 Law rmd Il1lustril Dcvelopnent 64 IUective Clinic Progr~nne
SEVENTN lE Ir1ES lER -~ ----~- -lt~~ -~-~--
71 L-w nnn Urb~1i1 Devel-prtEHrt 72 Politic Proc()ss il1il Cm$titutiDn~l
Devclopnent 73 Cns tit ut ionCll L_I 74 ~id8nco LAW
EICin TIi IRSScIER-~- ~----~ pl C0 np-YlY Lgw nnc1 Lrw 0f CO-ClpGrDtivos 8~2 PO0Tty LlW 83 Constituti~)nl 18W amp Litig1tiorl 84 Elective Clinic~l Pr~grgtire
r I~tTLtR]l~~ER 91 LwJ c)f Ins ur n es 92 TAx0tjDll L1w ~nd Public fiJ1rrnC C 93 In -1 Grn ~~t j n1 oer 80 e Law 94 Elective Clinic~l ProgrBLr1B
TENTH TRDillSrER (FourtL yer betdnilL ------~ - ----gt-- -~ 101 Leg~l Theory 102 Lmiddotbour LtJw 103 Mrinistr~tive Lw 104 ElectiVEl Olinicgt 1 Progrlrll1e
4 cr
3 eT ~ 3 eI 2 1
3 er 3 cr 3 cr
3 cr
3 cr
3 er gt1 cr 2 or
3 cr
CT 4 cr 3middot ex If
0 ~~
3 cr 1 Cr
c ) cr
3 cr Ac cr ~ cr 2
cr
4 cr 3 CT
cr 2 cr~
CUEto ~5
5 cr11~1 h -z cr~11~ Int~llectumiddotl
J13 lril1nl-I )1 Int rr ~ t t i1
4 CT 2 cr
l2 1 In t BI i l~ 3 cc
3 cr 12 ~3 L[JVI -nd Public C 3 cr 12( Electiyes 2 cr
13 1 Ct)r-JP1TQtivo LnN 2 eX 132 Itltlw PQverty rtlG S )c if~l Ch~ngc 3 cr~ 13 3 Lrm0 R0fcrn Liws nn0 liurnl DVG l~Yp iJrli 4 cr 134 Sctdnlir-Eloetives (to be lnnDUl1C()[1) 3 cr
~fJj1t~~~]~~ li l Public Intlt~rntrtiL~nnl Itlw-Int2TxL1L jA J
OrGn or~
112 ctiVi (jlurse 3 cr bull bull3 i1tjtiltn -f (lus ~iCi3-jt~te amp UyltLon 3 cr
l~~ ))rin -CiVeG (to he r1poundJrtiunc j 3 cr
cr bull 15~2 ~))cil bGUTity ~1rj t1~c Lq7JD cr 15~3 1rlrinstrdt)l~ II Jurrcice C ~Lre -]
til) I1IX Ili r1l ~i0 3 cr ~154 ~orlin~3 - c)iv(1S (t~) h( 11 3 cr
( middotb)V~ Bistx ibutin1 subjectB 18 t ~ii ~ middot~jYD +
Dllril1B tIl ~~r c-f cursc =-) dujc-cr be rG~rn RubstitOt0d ~r rCViL~ 1 ~lmiddot(i--middotr tD c~plctGly profJ8si~rt11 rvo i-l1 ~ Tl~l
LGndIt 10Vi utoD pnJ3S QU ~ iC)1
I 6
rhe DsdiuD 0f instruction 8l1d exaniY13tion in the lrl8h81 Law SchoDl sll111 be English ctlecst unt i1 C nctjonl lmglryeis ad opted for Rdiinistration of justice in t Scrprcne Collrt
(e) Ellpound~~tljty fDr cL~sectE~G fJ10 0x8r1tnatiDl1 sydoI1
In order tl be eligible for the dcnpostiiicc[CCC of RI LL8 (Hons) C~ch student win h~ve to t~kC C(lllXses fsX lt1 grrmd tot ~1 of 180 erea its in ) ye etXa bull
The norn)l p~ttGrn cd GX1ninntion will be ~ 1xittJTl test t the end of onc11 Trinester However in middot)middotmiddotl)ollri)le cases Intern(~di8Ge exnrJlltltion nne continuii1~ eV11utiCTl cy be ptilS cribed in different CSllrses
The exaninntion process will be entirely int Inl to bo dono by the totchors giving tho CGurSGs If sttvlcntc_
is dis-s1tisfied with the grfl(10 warded tw l bo ~11ow0fi to withdraw it in writing within 10 dWS thC11uounce-shyDG1Yt of the rosult He c~m inproVG it in t~c noxt cxninl~ tiorl ccorcing to tho rules prescriber] thcnt))
There shnll not be ~v eX8nin[til foe colloctomiddot- fr0- the stuc10xrts DClr there will be nn exaTiinaticm rcbuJJcrItirm given to the telchors
111oro shall bo an Exninutin C8Ul1ttee C0UEtjI1td by the Dircctlr for Bch ye~r with not loss th-n f t~r1ors of the NL3 by rot1tion Every tC 0 chol wj n JvLk tmiddot thG EXfninrjti~n COllJ1ittGO rt the bC[innil1g )1 Gcgt tr 1 nesteX tho Dutlme of the course ho is t0901-inr Tl1if1middot() plrm 110 j8
9~uimiddot ~1~ ev~I~t nn smiddot~avmiddot tJ c oLlrn
outline as well 18 thli 8vlurti)n scteDc will JI) )110 Rv8t18ble t) tl1C students st the bcgLl1nlng ~f t Prif1GstoT itsulf Cor1plnints regllIdingthe eV(ll11n-Gion [111 he sont ~() the EXfC11mntion CO[]littoG wllich will n~ko JuH~l() rliCClr1iJOnBtions on it withjn 1 fntnjght to t~) J)jrcctJr whose d(~cis ion there)n shql1 be finJl~ The )iX(ctD1 lOW()VOl-
wtl1 roport to the AC1dcrJjc Council Meottnc rcorrJ qf flU(h conp1nintg qno tict icn -Clken t~GreDn
~~ t 4n a Lvfl~r -1 U(ltVA-lJ Aiv uu OJ v p~rf~rr1 bull 1 Jl ~ middot1 I t ~ti
The evall1at bn systcn in tho N1S senll bet nm(h gTrc10S
in a Seven-point scole which will be IS f0110W~~-~
bull bullbull bull bullbull bull bullbull bull bull bull
(4~(ii
( iii) (iV~(v
(vi) (vii)
(f)
( )
7
outstanding (0) 70 und ~OVG A + bull bullbull bull bullbull 65 to 7 I A bull bullbull bull bullbull 60 to 65 B+ bull bullbull bullbullbull 55 to 60 B bull bullbull bull bullbull 50 to 55 C+ 40 to 50 c Below 4(~
~
In order to be declered successful in my course a student will h~ve to secure ~ny of the-ffr~t fiveshygrades Above given Those who re p1r-ced in C+ no C c1tegories will be accued to h1ve if-liled in eu oourses
Pronotion Rules
ProDotion iron 1st Tirlester to second Iriafster rome fra 2nd Trinester to third Trirlester will bG utotio irrespective of the rsults in the vnriou8 lxnoml1tion However pror1otions to the Fourth Tritlester 81111 be only to those who h~ve suooessfully aloorod rctlelst ten out of the 12 Cl)urses in the earlier three Trirlesters If a student has fdled in three or nore courses in the first three Trinesters tAken together he slnll be aaimed to have disqualified tQcontinue lS q stunent of the NIB In t1e case of those who cleared ten courltes out of the twelve they lJlY ltlpear in the renaining two oourses AS
Ex-students while continuing as ~ regu13r student in the seoond yeer
Sirilarly student DBY be autooatiolly proDoted frcrl the fourth to the 5th mn 5th to 6th doritlg tho second yenr His proDotion to the third year 1 e to tH 7th Trinester shlttll be only if hl sucoessfully olellrs a llinLlUn of 20 COlrses
The sane Patterns will be followed for pronotion fron the second year to the third year lnd fro tlirCi ye-r to the fourth year ffilO iron fourth yOll to the fifth year
N~ stUdent will be 1l11owed to avoid tlking ~nY eXlrdnashytlon on the conpletion of the courses excepting for reascnable cause for which prior perniss ion Dhou1d be secured fron the Dire~t or Further no S Gu(cmt will be eligible to take qn exanintion in 11 iltivcn course un1ess be has to th0 SAtisfaction of the teolnr cmcerned fulfilled the courSe reouirenents mrl hns sGcureo not less th pn 70 8ttend 9nce in the class in Sid CD tJrs e bull
cnntlt1 bullbullbull + 8
8
(g) TaOh 1~n~g Meh~il~ v ~s
The Nationnl Lqw Schecl VDS onplQyod vricrl tu~ch Dt3thods in ord er to pronoteIlLllt 1-4 iq oipltn~rT Cl1nll
~n1-nT qCt JDpreClalJ10n+ Jf 1ens0 B~s- ir~est lea1 prOD let~re~~ t1e ~cnool stall Grlplny SeninnLS tuitC)r ClmLCampL experlences Field work resealo1 (tTld Leg8lwriting Ill Ilppropri~te C~Urs0s cQopltlQt tve te~tctLY)g between teaohers 81 oliI erent S Db ~-C 8tS tr) be enployea to [11xinisG of the learning POt l-tj~_l tf) st udent
Clinic31 LeR_ql Eno(tt1011 r1~Rt f~rn ( Tl3ltgt rr- T~r 8pound p 8ssiual leglt1 eCuc9tin 8t t1G 1-~i2T ~l La SC1ClCl ACBdonic C~)uncil Te G nicnl O1 UC l shy
ti011 the first Cif the LLB 8 DL1e C0c credit nay given to fh2 t]J-tlng S un ts LYl clini courses
(h) Fee Structure
The tuittOXl fe8 fDr the LIB pTDgrrne co yelr nlY be iixeo Rs 1500- which ~oY be cCillsetccl tn 3 equ 21 inst Cllnents 8t the begilli1 ing riccstcr If foe is nct oepositBr1 within a week beg-inn elf the Trirl0Jster it l1qy collector 1qtemiddot fee RG 1- pcr (1 1] till tbe enfl ltIf 20 warkin c ~ys bull () Wgt8 ftleo to P~y iEHS vrjthin the prescri1o~ p2rio rl llte fco tffh)jr TI0T108 11f1Y be struck off f~~lt)~ t118 r~)118 They c nn be X-rv)nittc(1 on J)1ynlnt of rc- jSG ion ~ e Df Rs~ 100- an(l -l lt f1CtOTy r)pD1i ~)f ~TO$reSS ir~D H1Y teRche1 of tlte F~culty
t~J first tel p c SL1r ~~Tlcr Sl- jVLtiES
In 8rcler- to fttr~ct Deitorious stufients frD~1 te s ~ciJ-c~)nonic strJtl nf sc iety it is ~bs )lutlt)lr l1dC8SSry- for the NLS tn ioe AS ol-rships TIC sttpenos coS jJossible It ill bc to 1e 50 of the stu(Jents bS(y enjoy such S Every effort s])uld be e to seclJre S1JO~ OCOll~)Dic
L1dUC~rlents fJl prorlnting sctQ12Iship t tIle 18ss plivilegeo sections of SOci0ty
The 118 stuoents niW be provider Solmiddotn ip8 of the vlue of bull 500- q nonth 10 bull The S cho10lships rlry be lwcorfi ef m the bls report
~ 9
pound Sc~olr81ip CD~~I1ittee t be c~nstitutoz~ the DirGct81 with r~nbi3rs~ip tl1re~3 or )rt tmiddot -chers NIJ~ TttG SchclsrDhip Co~ittGe 11 pound2-8 i-ts cvn rules r-ne procedur0s wticl I11Y bG ~prJv~r1 y tl)8 Direct 01 ~he awnrd be given b~s ic11y on tcnderic ileIit)f c1Ylcliote H~vevert ec)noYic s-tus anc the s~lcil bickgrund of trL8 c~ndid3tes f~ ~-) be thore lnt cJns iCaTIt iens
Besides Sc)-lrsbips in deserving C1SeS eX(mpti0n fron Paycent of tllitinn fee lay Iso be grn-teooll tHl rsshycl~lt)end~tions of the Scilolrship OOle1ittee
(j) StlJdents nosidcmco
Tho ACCtcl r3r1ic Council strongly lccor1nenos t tle Jfutimiddotnnl Law SchODl be kapt purely ~s P J(8idcnti~ll University vvherein 11 the students bo r-uJrec t) s t y LD tle Hnlls 8pound- res io ellce provia r fpploven by the University Of course for suuconts bo1onging to Bmg-lori-i City the University nv ()xonption 1IOT res once in the University HDst cJ1siflcref1 ne8oSSAry Ii the lJ fJtionl Lnw School is unble to prov-ide it3 own hostel f8cilities it1~0dimiddott Jly it ~8y npprove such t-cc)fr801ti0n in th0 city ~A~iic s isfies tho reqllirenltmts 8pound thll resiltiontiql ckrc~or of tle University for purposes of stuDcnts 1 reBi(~ence~
~h~l1gh tr~c ClCC0Cl00ation nayhavo to be subsidised by the Universitv tho bJQrrlLvu ChQrg0s will -V( t~ bo cntirely D-GC by tho stuDentmiddot- ~Jihe bQa~ing c1nrccs DY incluo8 the sal(l~y of ossentbl stgtff Dainilined in thG Hostol by tl UniverJity+
(k) IXOlmU Clf stu r1ents md te~chers ~-~------- -------shyTho ]ITti~nl Law 8011001 ny initirte steps to nrrmge for 2xchnnge stuc-ents liId tS p c1exs witll other reputed Lltfl Schools within I n (l i3 ftnd outs ice FClr purpDse if stu0Gnts ~re inviued t8 ~nother L~m Scl001 0n~ un(lort ~ko courses )cQ()rding tJ their regQl~Girns they nay be given due credit witr tho ourriculllJ1 prescribec nt the [rIB
l18sters vrt th three courses in olt~c TrtDesterbull
nay be selc cted by the ~dniss i011 CHl1it-tee
10
on t1t bosis Df their PDSt QC80enic ltJc8rd pnrticllrly
~t the LLB level The Adoissicn CGr--ritteo C8Y J~S0S8 their
l1ptituce for higher studies -nr r~se~rch in l~uf en1 tl-Je
suitQble reoolrJenc ions for their ~cT1ission C(1~ljssi0n
Gay bo done thr8ugr~ nmiddotn int crvievi bes ides ~BS08G~nt )n
d8cuttentary Dtteri8ls
subject ELrODS of crtst utimiddotnrl lZV1 crif1i-nl J~w irct-)rnltti)n~L
11l 8110 corDerci(11 Inw The tctu-11 subjocts rgtf tl~o CQLl1~3e
in ~ny of these subject ~rE38 DfY 0 decioc r1 nt ~c giCl1jTIe 0301 lGnT ty the Fcculty CiDCGrner1
The conpulsary c)urS8S f0r LLM shll ~S fo 11oyts
TC)oing Llothoos ond Curriculqr 0(veloprcnt
In0i8ll LeGal JhilQSDphy (n~ Conter~110r)TT J ~Jheory
(iii) Constilutinn Writ
(v)
Tile zistributi0Tl of the 12 cDUrSGS i1 TOG
TrJi03tcrs fer bullbullbull 1 fly be
rs fl1owsshy
11 Ee ~cl1ing IllethQ0s and Curiculur~ Dove l~l)middotont 4 cr 1 iI 2 In~ itn Leel ~Plilos ophy ~J1fi C~ntcnJor
I CY[hcory 13 Course OD subject sr09 - optian 4 cr
SECOl~D THIMESTER--------------_-~-~shy4 era21 Ecsecrch TlIetr6~ology ltmil Leg11 writing
22 Constitutionl Lw We HlUlDl Rights Jurispru(1 ence cr
2) Course nn subject oreq - option cr
THIRD TEIIV[ESTEn ~----------- t cr ~Lnw Society emf DevGlopncmt~
4 eX 1shySeT innr Y select tOPlC - opv1on Ii crCDurse on r~ SUbjlt3ct (1971 - optiQn
51 i 11 shy
The eXElDjnat ion p ttnn for LLM will 1leo be the
S8L1G nB suggest for LLB H)wever besides ilt8rnnl
eXlDi1()r for every COl1rse in LLM there sholl be TXl external
8x~lCliner as we il bull The questions however shell be s only
by the intermll eXEnL1er If the difference in vlurtiim
between the i1t ernat exariner auf the external Cx~in()r in fl given COUXS3 is less thtil 207~ then it vi11 be 000tl00 th8t the
aaes assignod by the intornnl exaniner shall bJ iTJ gra0e
tD be assignee to thD candioRte However if t rG is D oiffercnce
nore th2~ 20 between the intrnal md exti3rucJ ll1 given
c)urso it 8rlt-11 be referred to a third exrn1inc~r outsiclo tre
National Law School whose evlultim shl11 be Il~e score to be
assigned to the candidate on thHt subject
Tuition fee for tho LLM progrlrlrJc be fixo(l 01 TIs 1500shy
for tho full course at the b oginn ing elf Cqch Trinestor
nr M Phil Progra3o--------shy
rho M Phil progrrU18 is to bo for one you c)xiending
to 3 rrinGsters It ShBll be exclusively cons istlt)d of research
8110 tolching Every stunent Ilonitted tel the M Phil rrofr~rle
stHII have LLM clegree and will fulfill the te1cing rnc
r8SCQrcJl reguirODonts prosoribed by the FFculty tIle HIS
In order to be eligible for M Phil degree besiaes
c)nrlCt ing the teSlching 4nd research req uirenentJ during the
yoar eV8JI cnndidst0 Dust sUJnit the rlBsert~tion gt11 - t~)pic
~Dpr0ved by tle f8cu1tY Ihe desert~tion Sh~11 be 8tC]ine(1
by two extern8l CXfniYlers suggosted by the foculty n( nppr0ved
by the jcdenic Council The degroe shall be confarod to
such of those cllldidtlt3s who roceivo varible rerts on the
desert ot ion fron beth the eXAniners If there is c ifferenoe
of opinion oo1Clngst then it sb011 be referred to D 31d eX8iner
Ind thG oecisicm of the [Jajority 8h[11 be finnI
con-cl 12
12
For the 1 Phil prcgrne nJ tuitbn bo csllected
HClwever a SU of TIs 1000- be csllectof yvcry ftllint
DJlnittecl t~ the ]1 bull Pbil progrlne townr18 lJc1 ion nd ftilitios
thl School
v
in vvhich it CJY c8nfer )n LL(gtD (jegroc~ lhe 11) 1)
0xc1us ively on ttJ b(lsis of C written thee t J
whJ hel9 M Phil degree fron the National L8W Sccol
Every C8l1dieJatG registGrine f)1 the 1L]) PozrrIJ18 be
required to be Ll residence at the Nstioncl L2W Sc1icJOl fJr
qtlesst ono (lOaOoOic year durLlg vihicb they SIh 1 cng in
S l)ch tCaching nne reseerch t)S SSS ignc(l to tbG1J 11 J DirectDr
If tho Un i versi ty
five
iiifferJnt nrtogorics 8pound t02chcJS~
(c) cift[S )rs
(bi l)ss~ci-to Jrlf~sscrs
(c) Jissist-nt Ij~0fcsZLrs
(f) l(J junct Profess Irs
(0) Ron
All the qbove professors ssocilte pTC)Csorp nt1
Assistsnt prOiOS30rS sh11 be r8gu1lX teocDaXs nf 11 ficl001
oC1wing the revised scnles of py pT)scribCHl by t1 ~Jnjvcrsity
Grnts COiJr~jssiol1 Tho sC11c prascribef by the UC bull -Yl(1
lt1Plroveil by the clenic Cc)IJl1cil fC)r the v1riupound m it ions
810 tS jvon bolow~-
p~ y structurc (f dj~ffcrent ote~gnr ics Df t()ichG)~8 Nt Law S chol of In1l ~ fin ~VijrS ity
13
1 Prcfessors Rs 4500~150~5700-20077300 2 Associate Professors Rs 3700-125-4700-16Q-5300 3 ABott Professors Rs 2200-75-2800-400-4000
4 AssttProfessor(SrSoale)Rs 3000-100-3500-125-5000 5 Adjunct Professor Rs 1000 PM (conso lir~ted)
6 Hony Professor TADA for visits 8ocOr~tng to rules
Besides pay te1chcrs will be entitled to Dqrness allowmlce as prescribefl fron tine to tiw by the Cmtral Governnent me onnroven by the ~xecutive Council Further they arc entitled to Contributory Provi(lent Fund and Gr0tuity blnefits 9Jl 0(c1red noer tho rules If they lrC not proviied with nocol1Liodqtinn teqchers will orqw Hnuse Rent qllownoe 213 preScribe by the Central Govern1ent for E class Cities If acco=odation is proviCled by the School 10 of sillary will be deducted towBroS house rent
Out of the above scales the Selectinn COLl2ittee will hayti the freei 00 to reconnend enh8l1ced salary tn tlose cons idered
olrtstrmdingwho nrc selected for Ilppointnsnt to (t TIB
In the initi-l stages it is rscrnnendod lt (11
apPoixltlJents of tecchers in the ~IB includingthe reulr
teachers be on 0 cAntrBct bQsis for a period extendL~g upto
3 yeajls The iccdenic Council has npproved the tsr-s of
oJ1trwt cont incd in the nodel clntrct enclosed ith these
nL1utes as Appendix
To begin with the Acaocric Council )greos wimiddotth the
earlier deoisions to have five professors five oSfjocinte
Professo2s lnd three Assistcnt professors to be BPIointed
forthwith However these pOSitions n~y he filIon only if
des erving 0 1nd idates are IlVliLlble for appointent
The io(deric Council h8S noted thgt (l(1vJXltt e~ents
for filling these posts have alranoy been given n(1 18rge
nunber of applications fllWe teen received in r(lSpo1S8 to the
ltcvertiserlent In this connectim the Acafle-1ic Cnunoi1
strnngly reooL1Lends thqt so f1r s the pOSitions of profess oxshy
s1 c(gtnccrne0 the Sollct iCon COT1Jittee 1PtY be rC0UGstcc
t) cons ider ouinont lqw teaohers in the OClunt ryr
hlv cpplied in responstl to the qtvertisonent 1nC rocoDime
Hl cl~ perD(gtnS WhOI the NIS Gqy L1vite suitltJole trns this
c)ntd 14
14 54shy
is necessqry in oreer tc enable the NIS to hcrye c CClre
fsculty of eninent aOndeDics to develop the ~c~~vit of
tne school during its infPLCY
111 teachers c11e(1 for interview ncW be pei(l one-
way 1st Clss train fnro fron their p1ltJce of rosiccl1CO to the pleo 0f inter-view It is s ugf~csteij tht if nccGssry the
interview nay be helo at BmgclClre ino Delhi
nininise expond iture enCl will be he Ipful t the c middotmiddotncl ia middotto
~re teachers in v8rious Universities
All regulnr teachers appainte(l L1 the
provided living icco=odticn by the School n cess ry the School Dy t~ke flats on lease fnd provife it t) tbe
teachers fron whon the rent aocording to the Rules by be cOllected
of persons ny Is 0 be incluiled in fncvIty
(8) Adjunot professors
In view the need for teflcl1ing Soc Sci(mce
subjects in the intogrlted Iw cllrriculun it is noces11ry
to hrvG Social Science te3chrs 8ss0ci8teo pitll middot~~O iculty)
Sinoe it ny not be neoeSS1ry t l1lve then 8S
atleast in the ~innLllf the JuJ10elic Oouncil rCCmiddotmiddotGnts crefltj CD
nf four P01t tine Itc1junct prQfCSSClrs in the BubjioC ec~nJlicsy
Sociology Hjstory nn English They nay be flPP[)ill ( fT(r
servine or ret ired teachers of City c~llegBs in 13 1010
They coy provided 8 nonthly honorariu[I cf lis 1000- ~nO
tbeir ClPpoL1ttlGnt be for one yesr renevcble t of the Director A 10CBl Selectim OOlJnittee
by the Director in orOOl t C loleet the Ad junot T-f mS0rs bull
oontfl
55
It is neceSSary for the NIB to Bssochte Sr nc1vooates
md eninent jurists in the teaohing md researoh progx2cDcs
sf the school The Acadenic COllncil tberaiore ncolmends
that a Panel of distinguished lawyers and jurists be invited
to join school as Hon~ professors They nay be invited
for a tern of 3 yeArs dur which they shall sJond stleast
one Llonth d lrring the year in tead1ing pJ)d rcserrclt the
School When they visit the School for teaching nd resenrch
the Hon professors DlY be given the neoessary hospitlity
ana wherover ne cess xy TL 1ccoriiingly
The icadenic Council hls ~greea to t~lo sUB~oJtion of
the Director of inviting the following sigh pltlsms S Han
prOfBSS ors
(1) Shri KK Venugopal
(2) Dr LM Singhvi
un 3h1i Soli J SOXabjee
(4) 3hri Fali S N prin31
(5) Mr Justice PN Bh~gw~ti (6) Mr Justice VR Krishna lyer
(7) Mr RaJethr1alani
-lte) Mil-bull P~ ltJ-UYrftFl~
(c) Research Associates
Tho AcacsLlic Council feels thlt 8tleast fo e yegr
or two the flculty nay have to be given sonc rcs
support for preparation of telching notltsriaLs lud coordinating
the teaching progrnnns 101 this purpose the cric Council
reCJIlGenoS the appoictuent of two Research LS80qi GS who aremiddot
quolified with an LLM degree They nay be seleol 1)y the
Directox and nay be paid a cmso1idlteo sun of Rs 1200shyper nonth for one year
(0) Panel of Experts
The Aoadecic Council recolJr1ends the following 15
nanos to be included in the PAllel af experts I)r b8
contmiddot~l bullbullbull 16
16
invited to the Selectim Connittee for Faculty p0sitiol1S in the NIB
Ponel of Experts f( the Selection 0011nitte08 to be cmstitutec fr Fou1ty seleotion in the Nntionol Lw School----__--__-------- shy1 Dr S K Agraweln Vice Cn1ncellor l~gra Univ)rsimiddot~y lgrn 2 Dr GS Shrna Ex-Deem FlCultyof Lw J~iPllr
3 t Dr (Mrs) licG Jacob Director InAiBn Law I1stitutc1 1r1Jlr2i
4 Dr 1arlt3 Divrom Ex-DeFm Faculty of Llw Chm(~ isrl1
5 Dr Sp Sharna Dean Fqcu1t)r of Lw KCluh-s)otr University
6 Dr S P SRthe PrincipAl ILS LRtV Cjl10go~ une
7 Dr KB Rohtgi Professor of Law Delhi Univcrity
reGen Uni
9 Prof GV Ajjappa Derm F1culty of Llw Krnt-kf University Dharwar
10 Dr Upendra Baxi Professor of LOlW De1hi Unjv0rsi-y
11 Dr SN Shukla Ex-Den FClllty of 111 Lll211obnc 1Jnlversity
12 Dr RK ~i[ishr3 DerI11 F8Clllty of Low Bmcr-e ~jn(11J Universi ty
13 Dr Misheh1l1-Hss~m F8culty of L Aligrh Nuslir University
14 Dr KD G~llr Dean F~culty-yY f( c Ij vfk Y h - 41
(1) Leg~l Services Clilic
services clinic in the NIB forthwith It is eas n~ t8 pive
the nocess~ry support to the clinic81 e(~ucpti)n progrr1rroeuros
of the SchooL A Fgt1Clllty Conittee tiny be cDnstiiutcil by tre
DirGctor for the purpClse which D develop the ll TOS
to be irstituted Bn9 the pBrticip1ti~n of stu(1miu 10 be
decidsd in then In order to orgnise the clinic the
first instrgtncea sun of Rs 10000- DlY be provjelt by the
NIB It is expecteil that the Clinic will lterm s uppcrted
by the St~te Legl Aid BOlrd 9Ud the Centrl LGg~l services
1luthorities
for the orglliz~tiCn nd fuuctL)rJing of the Lug
Clinics
17
(D) Continuing Educat ion Courses
In order to n~ke the best use of the rusources of the
NIB for the coonunitY3nd to nke its progrrulD0s 80eie11y-an~ proiess ionally useful it is suggested that t~10 IrIS nay
engaije in l series of continu ing ed uc it i-n progr~tJos for
different sSllcents of the profess ion including l~w t Gpc1wrs bull
Of course these progr[]ues r1Jy be f k1anced by t10 spcJllsoring
lgene] 1l10 NIB nay provide expertise of its fcuHy no
organizational ssistlnce
In this connection a beginning nay be 1rJ]e by offering
to the Karnatltka Governnent and to the KClrnatqlm liiEh Court
for the training of its officers in the Law And Jll(icictry colrtrlents
(n) Research 1l1d Publicfltions
In order to strengthGn the teqching progJnnes of the NT tmiddot bIt t 10 bull h 1S a so U iltJy necessary 0 uave on gllne rese[ro
projects 011 various aspects of law in develpncnt rhe School
nay seek funds fron Agencies within anCi outside t~c governnent for sllPllort of its research activities
In this connection tho Lcadenic Oouncil welcQnes the oecision to publish books on Econonics Sociolo[y
History Politic~l Science end English for law stu0nts by
the NIB It is desirlble to get thase nat)lials sllit~bly
edited by the Sr Faculty of the NIB and publish i1 the nane of the NITi
Bes iaos the above public9tion the liIB sjoulrl brillg
out an Half-yearly Journal on Conterpor~ry DevolojlrJGnts in d liferent brqnches of law 1~lt rqy be celle( the Nationnl Law Review and it nay be funded by the lHS itself
(0) A Centre for 1foI1cn and nd Law
In view of the incJeasing inportBnce of HunAn stuiell
18
end support be jng offered by the Univers tvli ~ L1 G~t~gt1
CotlTlission anfl the liiinistry Of HULlrm Develoment middott le
NIB should set up a Specip1 Centro for stuCiy issuos jn trw concerning the stntu8 )f wonen 8uithle proj~cts D-1y
be developed by the Faculty nno Jppropriate lSS ist-nce
sought~ fron fUTIr1ing CenC10S A cp-lti i~-~I+~fltvUlYJ v ~~ ftl1++Ov bullbull ~~l
[jay be constituted to look lfter the developnent 0f this
Centre
(p) Institute in COLlpartive Law
The irlJ)rt~oe of c0nr~rrtiVe law studies r
scholArship ClYJC Internrtiolll relatiUs Cilntlt bil rvorshy
enDh~sizec Inview sf the rnle )f our cOl1ntry in re3i)n~1
cooperation -4l)a Internati~)n$11 ldllti0us LYl InstiCUt0 f
Conpar ~tive Lw is nost IlpprOprillte Ll the NL 2is 11
give the neoess-ry legll support to Indias posi- in
SA1RC countris rnd the TIn-81ignc-n rovenents It ~ iv rIS)
org1nise spooi~lis8f studies r0gion~11y OT cotntr~-1fise
In this regard the Acnilenic Council rccocows oi1
lt)ttention to tho study of Sooilist Leg31 Systcn icul~rly
bec~use of the ncnd to (levolop socialist JUT lSlu(lnco in
the present com --xi of Incia
(q) Libx8ry Developncnt
~in Institution like the NatirYll Law ScbCDl ~J1Dul(i
aspire to o(lvelop librnry fciljtios 6ujt1-110 tel c tGr to
its ao0(lio and researoh cgtrritnents Of course ~ wi
tke fl long tine and a suitnble p1n snoulil bo lovcloped
by tho libr1ry stf of the NIB Me luwhile the ITIS sbv16
-nmroaoh the funding I1gencies within the ccuntry ~lY 8utsi~o
for its libI eery icvolopnents
18
The Pore FOUnGRtion iu IndiR nay be nppro8ched to ssist
the librry in securing volllnes of inpelrtnnt fOIcien
legal periodic~ls and to Gnrol subscriptiDn f0I CllrJO1t sues )f thse pllblic8tims
Sinil31ly the GoverUDont It the CentI -1( in the
st ss Day be nPIJroached to give atlease one copy of its
public3tions frse elf ohlrge to the NIB Library iIecnwhile the
0ssential reports and textmiddot Books ny be irL1ed ictely purchnsoil
befor the connencenont elf the Lonaonic yo 1 bull
(p) Institution of loadenic Chairs
It is an excellont idea to ssocite priv1te
philanthrelpic institutes with the rlevelopnent of tfIS Besiiles
seeking su itnb Ie donat ielns the Acanenic Council rC1celrrcnds
that ina ividuOols nnd institutic-us ny be appronched to L1stitute endDvlLients f8r setting up tte AOf)c(mic Cpoundirs in
different brpJ1cf8S cmiddotf law It is estin~ted tht Cllrir
nay need [ill End ownent of lis 10 lskhs t lt) S UPI)Ort J~cofess Oshy
ship qne necessary staff
DmECTOR 12-12-87
SQf1 -
2007
ANEure R-J13 amp1
1inute of the leeting of the Executive Council held on Saturday the 27th Januan
Item 0 2 - Common Entrance Test
It was resolved that
We accepT in principle holding of a Common Admission TesT but we reiterate that the responsibility of conducting the CAT should be with the NLSIU 50 that the same standards can be retained
Item 0 3 - Ratification of faculty appointments
RecLUltmem - ror raritication - VC said that the consent has already been obrained by circular
Regarding 4 additional increments to Mr Sairam Bhat
The committee disapproved the additional increments given to k Sairam Ella as it is not in confonniry with rhe UGC Rules Tile increments given to others is approved
Item 0 t - Ratification of the administrative staff appointments
The Regularisation was not approved since the procedure was not tolloved properly EC 1tll1her felt that there should be proper records maintained in the process At any cost the backdoor entry shall be avoided
It Vias resolved that
The Registrars olliee should prepare a note with the individual candidates derails and a proposal can be made to EC with the relevant information about their service pay confidential records nature dUties educational qualification etc Also whether the candidate is qualified or not With the complete information the note may be placed before rile Executive CounciL Untillhe decision is made the consolidated pay whalever Tiley were getting should b paid If necessary a meeting may be arranged as soon as the infonnaliol1 is ready
Item 0 8 When Prof Hegde raised some objection regard1llg the irregularity in paying the adcitional increments the Committee insisted to make a formal complaint then they will look imo individual cases
The Committee also suggested lO prepare rhe Rules if already Rules ere available and if modific3rioll is required make a formal proposal and place it betore the EC
As regards fuation of pay to Ir Somu C
Tile EC disapproved the appointment letter issued by the Registrar Howeyer considering the plea of the Vice Chancellor the Executie Colll1cil suggested his presem pay of Rs 25675middot may be protected and new appointment letter may be issued with the relLled amount ie Rs 25000 and not 29000middot
Item ~o S - Investments
The Committee was of the opinion that the office should come out with a proposal ghing a clear picture indicating where it ill be invested- hat is the present rate of interestshywhether to invest in public sector or government organizations and not in private institutions etc and which mumal fund you prefer and reasons for the same The proposal with all the above information may be placed before the EC jx its approvaL
Item ~o 6 - enhancement of tuition fee
Approved
Item ~o 7 - Pension payable to Ms Pushpa eeL Dept
It was approyed and informed that the same pension mte can be appUed as it is applied in other cases
Item ~o 9 As re~arcls inIormation to be ginD under R II
It was approved that only the resolmiol1s can be given and not proceedings
Item ~()10 - Revision ofmerlical budget - Beerappas cae
It as agreed to revise the medical budget
Item ~o 11 - Agreed
Registrar informed the Committee that Prof Bebu Mathews lien will come ~o an end by 3132007 The Committee felt that h silouldjoin before lhe date and if not illS lien will nOl be extended
t~XI item - approved
Item ~o - Increments to those who have reached maximum
The COlllmittee recolllmended that a proposal proposal may be placed before the EC based on rhe CGC Rules for graJll of increments for those who have reached the maximum scale Bused on the proposal the EC may gram some stagnation incremem as per Cemfal GOt Rules
Registrar inf()rmed the Commillee that he is nor genillg any separate allovuce for holding Ot1ice ofRegistrar as he is doing both administration work and also teaching
The Comminee was of the opimon that Ie the maner be placed before Ie with a proper proposal - 11l order to finalise graming of a special aEowancc for a Professor whe11 he is appointed as Registrar during the IeIm of OUice of Registrar
Item ~o 27 - ASLEA Conference
When the Registrar inionned the Committee about the receipt ofRs 1900000- from the UTI Bank towards organizing the ASLEA Conference und that the same has not been rellutted to -rLSIC the EC resolved that
whenever such Conferences Seminars conducted with the coordination ofthe -rLSlt a detailed repolt must be prepared showing the amount received by the concerned Departments i sponsorers xpenses incurred what is the income earned by -rLSru from those Conferences Such reports lUust be duly certified by the Registrar and the same should be placed beli)ft the Ee
Finally EC strongly reconlllended the -[inutes of the Meeting shall be circulated tor approval immediately_
Item No P 3
GRH - Some adyance increments would be -let that proposal come separately Some of the - those who hold the shy
Increments only for the Lecmrer and not for the Asst Professor because he bas PhD Mr Sairam Ehat
UGC Rules - AJD - With the modification for
Let there be a proper note circulated
Sairam Ehat - increments to tbose who hold tbe lecmrer post - Registrar denied shy
Make a proposal for amendment of Rules - we may apply the rules
IF you find any rule - please make applications - before Ee if it is fare
AJD - posts are already there - but here is a situation wherein certain people are working since so many years - who were recruited directly - since 1998 - at that time we were not in a position to appoint shy
The Committee should have been constituted by EC - do not violate the mles
Call for application itself is out of question- they should also face the Committee
They ere on consolidated basis shy
VVK-
You can regularize - there should be some record - prepare a note call those employees - back door entry should not be permitted - we are not against them - the power has to
be exercised by the Ee
Who had approved the internal circular - VC admitted - he himself - it would have been discussed in the meeting Let them also know who are the members of the
The Committee took a decision and authorized Justice Mallimath to take a decision about the
VR Reddy ad hocistlJ should not be there some kind of a procedure should be followed - middotou may appoint a complttenr persoll- but procedure should be foHowed
lallinath m accept his OWI1 statement and pay him only Rs 25000- and nor 29000-
It shall not be treated as a precedm-
You may refix it and ensure that it rotal should not be less than what ~le is drawing 110W
ANNPorsR-14shy
S)finutes of the meeting of the Executive Council held on Sunday the 13th -Iav 2007 at 1 000 AJ
Item 0 1 Confirmation of tbe minutes of the previous Executive Council meeting
With thi permission of the Chair certain decisions have taken at the EC meeting a report of rbe action taken should be placed before the neXI EC
Item ~o 1 Search Comminee Chair Professor as LS1C
Resolved to constiTIlte a search committee consisted of the following members for identitymg s1Iimbie persons for the appoimment to hold the position of the Professor of different eilirs at NLSIl The committee shall be entitled to consult distingUIshed persons for the position the searchcol11mittee shaH plaCe the names so selected in the next meeting for (ile tina decision
1 JUSTice vfaIimath 2 Vice Chancellor 3 Shri Patnaik Silri VR Reddy 5 Mr Gopakumaran air Chairman BCI
Tile members of the EC have requested to suggest suitable names Registrar shall be the Ex-officio Secetary to the Committee
Item ~o 1 The EC consrituted a Committee consisting of following members to tinulise tile niles placed before the next EC
L 5111i BS Reddy 2 ShriDesai Chandrashekar Kamataka Bar Council Chairman 3 Prof V agaraj -I Shri BD Hiremarh
Registrar shaH be the Ex ofiicio secretary
Item 03 Common Entrance Test
It was resolved the modify the resolution to the followin1l ctIeer that the VC should take the stand that having r~gard to the pr~emin~nt pOSition ofrhe NLSIU being the pioneer in holding the Test it should play the leading role in conducting the Common Entranccent Test The VC is requested to persuade the other Vice Chancellors in this behalf
Itelll NO5 Resolved that the proposal contemplated by agenda item no 5 shall be finalized within a week and the approval ofrhe EC sought by circ1Ilation
1
Item 0 6 Increase in fees by Rs 140001- over lasT year was approved and confirmed
Item 0 7 Providing information under RTI Act - Based on the issne relatinl to the publication aboUl Law School in Times ofIndia under RTI Act aIld the issue of~hai can be released in the Press under RTI Act was discussed elaborately though no conclusion was arrived at It was resolved that the information must have leaked bv the administrative STaff and a stern w3ming must be given to them to prevent such happnings in the future
fain Agenda
Item 02
I Reguarisation of the services of administratiw staff
It was resolved to approe the regulanarions of services of the following with from ovember L 2006
i) ills Pushpa Kadam ii) VIs Vidya SG iii) vir Umesh iv) iIlr Naveen Kumar v I VIs Premll Kummi
Resolved that having regard to the exigencies of service becomes necessary to make immediate appointment the VC could make such adhoc appointments and bring it to the notice of the Executive Committee lllunediately in the next EC meeting
Further resolved that if the vacancies should be filled up as per the University Rules and Regulaliols and if ad hoc appointments are eligible to consider their applicatiolls as well The cases of Ms Gma Ms Jyothi v1r Gulam Hyder and Mangala Gowri were not considered for eguiarization as they haye left th se[ce long back
(3rinLoIlldence increments(QthQslt who acqmre ~LPhii and PhD desree
Keeping in mind the UGC guidelines issued on the basis of the Order of the Govt of India dated J July 1998 and the resolution of the Executive Committee dated of August 1999 the Executic Committee resolved to extend the benetit of advance increments to the members of the tcaching statT acquiring PhD or tPhil degree respectively as follows
1 4 and 2 advance increments will be admissible to those hold PhD and tPilil degree respectively at ihe time of recrul1ment as Lecturers and Assistant Professors
2
2 4 and 2 advance increments will be admissible m those who acquire PhD and VLPhil degree respectively afrer the recruinnem to he said post
3 Associate Professors oJlwards who acquire PhD degree after 781999 shall be eligible for two incremems
The aforesaid provislOllS shall be given ef1c to from 781999
4 Appointment ofMr Somu C
After an exhaustiVe consultation on the issue regarding fixation of rile pay to Mr SOlllU on his appointment as Assistam Pro1ssor the Execurive Council resolved to gram four advance increments in the pay scale of Rs 10000 to 15000- so that the total emoluments will be receivim could not be less than the total ellloluments he is recehing in the priare college vhere he is Sefnllg The offer of appoimmcl1t aLready lllade shall be rnodified on these lines
Item No3 Stagnation increments
The Executive Council decided 10 grant the bendt of stagnation increments contemplated to rhe employees of lSIC The proposal in the agenda to grant stagnation increment is approved
Item 110 -I Institution of Allen amp Overy Chair on International Financial Laws
The Execmive Council approved the action taken by the Vice Chancellor in esmblishing a Chair on International Financial Laws 1Inanced by vIs Allen amp Overy Londo It is resolved 10 convey the appreciation Bnd thanks to the donor
Item ~o 5 Convocation
The sltlggesled the tc)Uowing names tor being invited to be the Chief Guest lor the next Convocation
L Shri Gopalaswamy Iyengar Chief Election Commissioner 2 Shri YV Reddy RBI Governor 3 Shri Fali Slariman Sr Advocate 4 Shri K Pachauri
In case none of the above are not mailable the Vice Chancellor may at his discretion invite any other suirable dignitmy
Item -0 6 3 reservation for physically challenged candidates in the Admission to XLS
EC defened it to the next meeting The Registrar shall place before the Executive CounciL a copy of the Act the Judgment rendered by the High court of Karnataia and
3
- -
bt also a copy of the report said to have been submitted by Justice Rama Jois if available along with relevant judgments
Item 0 7
The EC committee decided to consider the incentive to be given to the staff members on the occasion of the Silver Jubilee function of tile University
Item 08 Selection of the administrative staff
The EC felt that the response to the advertisements being very pOOL steps should be taken to adequately advertise and invite applications afresh In view of the urgent necessity to carryon the administration the EC 3mhorizes the VC to make ad hoc appointments pending regulu recruitment TO the posts of Secretary Office Assistants and Junior Assistants Adequate steps should be taken for adwnising posts indicating all relevant details
Among the three members to be nominated by the VC under the LSIU Regulation 4(c ) the Chainnan of the Karnataka State Bar Councilor any member nominated by him shall be nominated
Item 09 Establishment of a Centre
Resolved to constitute a committee consisting of the following members of the Executive Committee to scrutinize the proposal and to take a final decision in this regard
L Chail1113n of the State Bar Council 2 Bar Council ofIndia member from Karnataka 3 Law Secretary
Item 0 10 Institution of Chair on Consumer Law
The Council noted with appreciation the sanction of professorial chair on Consumer Law amp Practice bv the Ministrv of Consumer Affairs to set up Chair on Consumer Law 8 Practice at LSIC EC authorized the University to convey the appreciation and thanks to the appropriate authority
4
ITEM NO17 171 COURT NO5 SECTION PIL-W
SUP REM E C 0 U R T 0 FIN 0 I A RECORD OF PROCEEDINGS
writ petition(Civil) NO 6002015
SHAMNAD BASHEER VERSUS
petitioner(s
UNION OF INDIA amp ORS (WITH APPLN(S) FOR PERMISSION INTERVENTION APPLN) WITH WP(C) NO 5762018 (X)
TO FILE ADDL DORespondent(s)
CUMENTS
Date 30-10-2018 These matters were called on for hearing today
CORAM HONBLE MR JUSTICE SA BOBDE HONBLE MR JUSTICE L NAG ESWARA RAO
For Petitioner(s) Mr zoheb Hossain AOR Mr Adeeba Mujathid Adv Mr Vivek Gurnani Adv
For petitioner(s) Respondent(s) Ms Roopali Mohan Adv
Mr Namit saxena Adv Ms Taruna Ardhendumaul1 prasad Adv Mr Piyush Singh Adv Mr Amritesh Raj Adv Mr Nitesh Ranjan Adv Mr Shashank saxena Adv Mr Ardhendumaul1 Kumar prasad AOR
For Respondent(s) Mr Rakesh Munjal sr Adv Mr SS Ray Adv Mr Vaibhav Gulia Adv Mr Puneet Gupta Adv Mr paramjit Singh Jaswal Adv Mr Ravinder Singh Adv Ms Rakhi Ray AOR
Mr Atmaram NS Nadkarni ASG Mr Merusagar samantray Adv Mr Ritesh Kumar Adv Ms Suhasini sen Adv Mr Leelesh Krishna Adv Mr Arvind Kumar Sharma Adv Mr Gurmeet singh Makker AOR
~) i
2
Mr sajan poovayya Sr Adv Mr priyadarshi Banerjee Adv Mr Pratibhanu singh Kharola Adv Ms priyanka MP Adv Mr Risha Agarwal Adv Mr EC Agrawala AOR
Mr Anand varma AOR MsShubhangni Jain Adv MS Manpreet Kaur Adv
Mr Puneet Gupta Adv ~lr Ravinder singh Adv Mrs Reeta Dewan puri Adv Mr PN puri AOR
Mr Maninder singh Sr Adv Mr Prabhas Bajaj Adv Mr Gaurav Sharma AOR
UPON hearing the counsel the court made the following o R D E R
The copy of the report filed by the union of India Ministry of Human Resource amp Development pursuant to order dated 13062018 passed in wP(C) No 5512018 be furnished to learned counsel for the parties
List the matters on 28112018
[ Charanjeet Kaur ] [ Indu Kumari pokhriyal ] AR-cum-PS Asstt Registrar
ITEM NO5 51 COURT NO5 SECTION PIL-W
SUP REM E C 0 U R T 0 FIN D I A RECORD OF PROCEEDINGS
writ petition(Civil) NO 6ee2015
SHAMNAD BASHEER VERSUS
petitioner(s)
UNION OF INDIA amp ORS (WITH APPLN(S) FOR PERMISSION INTERVENTION APPLN) WITH wP(C) No 5762018 (X)
TO FILE ADDL Respondent(s)
DOCUMENTS
Date 28-11-2018 These matters were called on for hearing today
CORAM HONBLE MR JUSTICE SA BOBDE HONBLE MR JUSTICE L NAGESWARA RAO HONBLE MR JUSTICE R SUBHASH REDDY
For petitioner(s) Mr Zoheb Hossain AOR Mr Gopal shankar Narayan Adv Mr Adeeba Mujathid Adv Mr Vivek Gurnani Adv
For petitioner(s) Mr vikas singh sr Adv Respondent(s) Mr Ardhendumauli Kumar prasad AOR
Mr Amritesh Raj Adv Mr Piyush Singh Adv Mr Nitesh Ranjan Adv Mr vaibhav shrivastava Adv Mr Sashank saxena Adv
Mr Namit saxena adv MS Taruna Ardhendumauli prasad Adv
For Respondent(s) Mr Rakesh Munjal Sr Adv Mr SS Ray Adv Mr Funeet Gupta Adv Mr vaibhav Gulia Adv Ms Rakhi Ray AOR
Mr V Giri Sr Adv Mr AKarthi K Adv Ms Rakhi Ray Adv
2
Mr Atmaram NS Nadkarni ASG Ms suhasini sen Adv Mr Ritesh Kumar Adv Mr Leelesh Krishna Adv Mr Marusagar samantray Adv Mr Arvind Kumar Sharma Adv Mr Salvadar santosh Rebellow Adv Mr Gurmeet singh Makker AOR
Mr Sajan Poovayya Sr Adv Mr prlyadarshi Banerjee Adv ~r Pratibhanu singh Kharola Adv rmiddotls priyanka M P Adv Mr EC Agrawala AOR
r1r Anand varma AOR
Mr punaet Gupta Adv Mr Ravinder singh Adv Mrs Reeta Dewan puri Adv prof paramjit Jaswal Adv Prof KD Rao Adv Mr PN puri AOR
Mr Prabhas Bajaj Adv Mr Dhawal Mohan Adv Mr Abhishek Adv Mr Gaurav Sharma AOR
For Applicants) MS M Sidhu Adv Mr P vinay Kumar Adv
Mr PS Narasimha sr Adv Mr SS Ray Adv Mr Puneet Gupta Adv Ms Rakhi Ray AOR
UPON hearing the counsel the court made the following o R D E R
Application for intervention is dismissed as
withdrawn
shri Atmaram N S Nadkarni learned Additional
Solicitor General appearing on behalf of the Union
of India ~linlstry of Human Resource amp Development
states that the Government has prepared a report
3
and shall further convene a meeting of all the
parties to these petitions NTA and the Bar council
of India seek their views and make appropriate
recommendations for the holding of the examination
within four weeks
List thereafter
[ Charanjeet Kaur ] [ Indu Kumari pokhriyal ] AR-cum-ps Asstt Registrar
7-+ 0( AMNI~URpound tlt_Ihi
2Q lt ( gt ( - -
~ ~ A
-
p V -~d T] Y-P~iCL of ~-lt)Eign Sud~nts thp drnissio is i-l~ be COI)iuct-d wit)middot the help of Inrin ~~Llt_~lon~
llgtrO~j ~n -t~poundO rgtSpctiVF cnJn~cies
1 r
lh- durtlon of tht course shall bE for 21 peri00 of (iv~~ j~lcaderrjic yeilrs j
CJ 1~ltJch acadeHic _divided into_ thceuroE academic terrnS J
f~lCh tE-rm called a orrimestErcent hDvin0 a minimum of 70 vJcfrki (H) days
C3 Ph- Icdcmic t(rms shilllordinarily be from lst July to --lOth -Septcober t poundrom 5th Oct to 15th Junuclry an(l from 1 (1 t ~l ~] AnlJ a ry to 20 t h A1ri 1 ~
~
6 l Irhp tu i t ton f~(~ foc th0 dampgree progr1fnrne for each yedr -
~~~ 1 i-gt ~ bull )~~jt7-middot which shall be collectEd in th~e IntlIcn~s 0t tl--H~ b(9ir~n of lt2Crk Trin~c-$ter I fcgte i~ not pdid i--hin a week er the co-mrnCncemlt2Ylt of thlt Tr~rgt~middot I i sh~~ 1 be C012Ectec with tate Jf if 1shyor c1~~y t11-l rre- end of 20 working days Can-didut(s who f) l te feeuro wtY)it the nrc-scrlbcd aerior] with ~ate
(fmiddot sri~)l rgtrnoveo -(om lt~G rolls ltH(~ they shall bEgt C~gt-j(1rrit~td onJy on pitympt 0+ rf--)cm-sion feE- oE Imiddot 100shy~(( 1 ~risf-1ct()ry rJport o~ progress ond conduct from 2 Tc~chFr of thp P~culty
In rpsnect of rrwl v acrni ttEO stIJcens admission wi 11 no )( com~letP lJJ11ess- thFY Pi)Y the prescribEc within Sonci fieod ti1le
6 ~ 3 Besidelt= flt( 2lt trl bp9inning of the fi--st trimestr of fdCn ypar J U CltiHldidatgt i (cQuirec to pay a sum of
tOWi1n1 xc1dlrHJ rnJti~rit~ls ar1lt3 a further sum of OWi~fU~ co-ctJcricu~~r ~nd ~tudent welfare activishy
~OL(~ Tuition )nc other fees paid by th0 students irlini ttEC1 to thi course 1 not Je Efundeci u~dFr- any C cumstancs
1
A1)Npoundx UltE remiddot-VishyTS
Academic Calendar at NLS
Resolutions on Academic Calendar
The Academic Council Meeting on 12th December 1987 proposed that each Academic Year be divided into three academic terms each with a minimum of 70 working days This academic term will be called a trimester
On 1th September 1988 the 4th Executive Council Meeting of NLSIU resolved that each Academic Year is civided into 3 academic terms Each term called a trimester has a minimum of 70 working days
Consequences of the Resolutions Tne mandatory 70 working days are spread across 12-13 weeks Each 12-13 week trimester extends to 90 calendar days 3 trimesters will require 270 calendar days
Ordinariiy students complete compUisory internships during the term breaks which vary from 30 to 45 days This year we had planned to forego the term break and replace it with a 15 day break between each trimester as this Is essential to finish evaluation ana assessment exercises Hence the Academic Year requires 315 days
Academic Year 2020-21
If hLS Admissions is completed under the NLAT 2020 Schedule the Academic Year will run from SeJtember 18 2020 to June 30 2021 This will allow for 285 calendar days this year leaving a 30 day shortfall We may preserve the Academic Year by further compreSSing the evaluation and assessment period to 5 days ThiS is neither optimal or desirable bul is the result of the delayed CLAT 2020 schedule Hence the Academic Year 2020-21 will be competed before the start of Academic Year 2021-22 on July 12021
If NLS Admissions is completed under CLAT 2020 From October 10 to June 30 2021 the AcademiC Year wiil have 263 days leaving a 52 day gap Even if we compress the evaluation and assessment Deriod to 5 days between each term and save 30 days the Academic Year 2020-21 cannot be delivered
ANNExOltE RJ
r Nithya Rajshekhar ltIegalnlsacingt
Letter from Nirma University Law School which has a trimester system for LLM and has moved away from CLAT for this process this year
$arasu ltSarasunlsacingt Sat Sep 12 2020 at 1031 AM Te Nithya Ra]shakhar ltIegalnisacingt Co Sudhir Krishnaswany ltsudhirnisacingt
bullbullbullbullbullbullbullbullbullbull Forwalded message bullbullbullbullbullbullbull From Purvi Pokhariyal ltdirector Date Sat Sap 12 20201027 AM Subject Thank yeun To Sarasu ltsarasunisacingt
Dear prof Sarasu Thomas Professor of Law amp Registrar Iational Law Scnool of India University 8anglore
Subject gratlCude for gracing Commermcement session of One Year LLM batch (2020middot21)
Dear SaraSJ Maam
It was Inaeed an absolute pleasure to host you for he commencement (Orientstionj session for our newiy admitted ere year LLM batCh of 20middot21
Your motivalional address infused new energy and enthusiam amongst the sldents during this testing times
As you know this is one year programme and il is expected to nurture pest graduate students with cognitive deeper unaersranding on specialised afea along with sflarpening their research and writing skills One year programme comprises of fhree trimester for our LLM programme And we were running out of time due to delay in centralised acmisison process through CLAT 2020 So finally in early August we have decided to change the mode of admission from CLAT to graduation merit So thai we can save time of our first trimesler and can compiete the programme on time Accordingly we could start our new LLM batch from 31st August 2020 I am really thankful to you for accepting our invitation for OJr format commencement ceremony You have been motivating and inspiring generations of SUdents throughlout aU these years and your words wiseom paved a new direction for leming for our LLM students received oV80Nheming feedback from this session and must be thankful to you to be with us and helping us for guiding our LLM students during this unprecedented times Tnis is unprecedented time and that demands the unusual responses and newadapatabiiity
Thank you once again
VVi1h regaros
Purvi
06011020 The General Body The NLUs was held The Secretary-Treasurer introduced and explained to the members various steps taken by the CLAT Secremriat in preparmion of the examination including a user-fhendly and streamlined website for the C onsonium and CLAT 2020 and a sample of tile revised format of the CLAT paper designed to test slUdem aptitude instead of prior knowledge of law The sample paper had also been $tlrveyed by students from LSIU The eftons of the CLAT Secretariat on both initialives were specially commended by the Members
Additionally he also briefed the General Body that the CLAT Secretariat had put in efforts to develop and innoduce free and high-quality study materials and mock tests tor aU eLAT applicants so as to not disadvantage those slUdents who could not afford coaching
21042020 Due to the ongoing COV1D-19 lock-downs Executive COlllmittee of the Consortium postponed the CLAT 2020 I examination from lOh May 2020 and rescheduled to 21 Sl June
2020 I 1--------+- __
17052020 The Executive Committee of the Consortium resolved to postpone the eLAT 2020 again (2nd eLAT Postponement) The Consortium issued a notification infoDning candidates that a new date would be notified by 0 I July 2020 At the same meering the Respondent No2 informed the of the large increase in the number of applications after the digital marketing initiative
---- 17062020 The Executive Committee of the Consortium met The
Respondent No2 presented the report oftlle survey conducted by the CLAT Secretariat to evaluate options for conduct of the exam given die Covid-19 pandemic The Executive Committee assessed the feasibility of continuing with a penshyand-paper exam VS an online computer-based exanlination The Respondent No2 also reported his effons in contacting I vendors to conduct an online examination I
29062010
7B
16072020
30072020
The Committee of the Consonium issued a notification scheduhllg the CLAT 2010 exam on 22nd August 2020 The test was to be a centre-based online compnter eX3m The Executive Comminee was Infolmed by the Convenor rhat a Vendor had been selected
A General Body Meeting of the C onsortiull1 was held The Respondent No2 intormed the Consortium of the various measures taken by the CLAT Secretariat including
bull Due to the pandemic simation the test centres were expanded from 67 ro 103
bull Detailed Medical protocols to be followed 011 the exam day
bull The mock exams schedule has been prepared and shared to all the VCs
The Respondent No2 also infonned the membls about the proposal for securing an insurance policy for swdenls and staff for the duration of CLAT 2020 exams He informed that proposais have been sought from various Insurance Companies and the best proposal received was shared with the VCs The Consortium authorised Secretary-Treasurer and the President to go ahead with the said Proposal
However certain members raised objections 011 the ground that the price for an Insmance Policy was too higb to bear for the Consortium tmd not necessary
A meeting of the ExecutiYe Committee of the Comoniulll of NICs was held The Respondent NO2middots proposal to secure an Illsuranc Policy fOT students and staff as a precautionary measure lor CLAT 2020 was rejected despite general support froln several melubers for the sole reason tlw it [$ 110t necessary and it il1vole5 huge amount and does not serve any I- purpose
~
The Respondent 02 did not share the Same middotiew
At the same meeting despite the Health and Safety Protocols and the conversion of the exam to a Computer Based format in order to accommodate shldents during the pandemic few members raised health concerns and SUgested J2poundstponemelll i l
of the CLAT 2010 from 2200 August 2010 Hovever the Consonillm resolved to decide the issue at its next meeting
05082020 The Executive Committee of the Consortium of NLUs held a meeting to consider the date of the CLAT2020 exam
The Test Vendor was also in place to conduct the exam 011 7th
September 2020 The Respondent No2 had also begun the process of securing an additional approval from MHA for the conduct of the CLAT exam and to ensure all candidates would be allowed to travel to the centres Respondent No1 mged the Consol1iull1 against postponement of the exam given the extensive Covid-preventative measures being taken at the centres and the need to preserve the Academic YeaL
The Respondent No2 shared a presentation with the Executive C01l1111inee detailing the impact of a postponement on the Academic Calendar of the Respondent No1 University and proposing a host ofoptions in order to accolmnodate members facing such difficulties bull for NLUs to proceed with their own admission process tor I
2020-21
bull aHow for CLAT 2020 to be conducted in two series so that Universities may choose an earlier or Imer date and
bull for NLUs to admit CLAT-enrolled students to appear for separate exams conducted by the NLUs with no further need for registration or fee payment
Despite this the Consoniulll by majority vote merely resolved to postpone the eXllnllnatiol4 to a date to be i
detennilled later
10082020 The General Bodv Qfthe Consortium ofNLUs held a meeting i fuwhere it was dcided to schedule the CLAT exam on
September 2020 Whilst this date would enable members such as NLSIU to complete their admissions without suffering a Zero Year some participants menfloned that it may be necessary to postpone the examination even further
L--_____L______________________-J
27082020 The Executive Council of the Consonjum took the decision to postpone eLAT once again
The Respondent No2 raised serious objections TO the postponement and also brought to the notice of the COllSoniulll the fact that the pandemic would only get worse it1 the coming months Further to facilitate the of institutions reliant on CLAT who would not be able to sustain ftuther delay he optiOllS already presented and discussed with the Consortium the Respoudent No2 offered to undenvTie the entire CLAT 2020 examination from NLSflJs share of Consortium fees in order to hold the examination on the fixed date of 7th September 2020 However none of the options were accepted by the Consortium
ANMEM01pound R1Ie atiouaj Law Scho()l of india University Ballzalore i J
inllts of the Emergency Faculty lerring held via videu confrrcnce euroIll 6th August 020
lullbers preent lts Iht Zoon1 ~iJn R-cOrGlng
1 PU$lpoThm~H ofCLAT yet again from 22nd Aligust to 7th S~pt(nber ~020
Contingency Plan to prevent a Zero Year
Disc ussion
Th- ViCt1 Chancellor Prof Sudhir KrlslmaSvarny informed that en1rgcHcy l1heting had been called to the decision the Executive C0t11ITliHe of the Consonium National Law Universities dated 05092020 to postpone the CLAT 2020 exam undl funner notice t was also informed that a new date for CLAT 2020 -as not yet finalised however it was likely that the exam would schedukd in September He tated that this emergency Facllhy Meeting had been
0 decide on NLSUs next steps
TllC Vice Chancellor infonned the Faculty he hud pHt forth the case of NLSIU lt1t the only National Law UnivilTsily having a trimester system before the Consortium members He infom1cd Consortium that delays in CLAT Nould unfairly prejudice NLSIU and set before them several alternatives including (1) allowing NLSIU 0 go ahead with an alternate admisslols process lor this
lild r) allowing multiple CLAT exams and go ahead with the date as proposed
Vice ChanceUor timber informed the Faculty that the CLAT 2020 had been postponed the hid time despite the extensive health and safety protocols and a rede$ign of the ~xam (Q a centre-based computer exam As the Covid-19 pandemic is only getting worse there is no justiI1carion for further delays
Fuculry il1cnlbcrs expressed concern that the trimester was going to be severely dt~layed as a
th~ postpot)CJncHt Undergraduate Chairperson Prof T Somnshekhar suggested going ahead vith an exam immedimely to prevent fmher delay and to explore using the same centres as CLAT
Other Faculty 111cmbcrs including Pr)f Ashok Patll suggested thatvlc should fun our ovn entrttnclt exam NIr Kunai Ambasta agreed bUt expressed concern about the costs of administering a scpamte entrance eXctlDlnatloD
Jflndakishore lt-luerkei whether ve couid go ahead for this staying tvithin
lnernbers inciudjng Sanyukta Choudhry and Ms Rashmi Vcnkatcn if it was PQssihlt IO have a dekly~d trimesrer nnd hm the inlpact ofthlt WOUld be Acadernic calendar options (r( txplored
Bnbu 11athev opined e should xplore many options 5hared TvlPP course to begin on ciCil1
Registrar~ Prof Sarasu Eshef Thon1as nmde a short prescntmion on the of a T on the S A-eadernic Year
1 Impact on applklnh
H1m p-ymc
r1nyioin these middotXl]]
P(rc(nt~~( of Point of 1ime nJen nolk of Refund of fcc of adrnission is ncchcrd
(Hlr
1s Ycn) Bi~~
I Trimester to II Trimcsn D~CCFhcr to
m
h) announce ~i
L)se 1 LLYl
to tho- yho wand to JOB)
2 Impact un NLSn
r ould -0 jom orh-r Hhtinntons
that WOtl ld bc 1n
I cgt Rs 9911gt7501middot
nOled that th~ k--ping the In a zero this
rJun-optlD1WH lbe
Possible gtOiUtiUllS
iovving pO$siolc solutions to Ihlt
quality addlTlonal uuuhk workload reachers and wnt til
DClsng ~1 adulisiuns lEosS ttJ corrplt~d urgtntly vhich EaHovmiddot us t) admit studnts rntd~Septen1ber and Viih ddayd b~it trirn12s1cr C(lYlprOrtusHlg JCadCl1iics
Dednre D 11h concqu~rH financIal losses lo-s of lainl tc as last rsort
4 If we run our tlvn entrance cxmn We rnay have to bear a snudt IO-is in monetary t(nns cntrmce process at a
it vns ionduded ihat smCe dH date ll) CLAT exan1 had nOI bcen flxLi 1hen W~l~ no vbClher voldd be any furh~r postponcn1entS LSIlJ be ith puhing
uirncgtter LO th ecund rrlrn-skr and so fDrth lhereby n1-lking it impo$)iblc to up 2021 In such a cnse~ rLSrC will be forcedo announct a zero y(ar~
US Lfl
nsoi cd
Executive
~g --1tUE tpZshy
Extract ofDraft Minutes of9t Executive Council Meetillg
DRAFT MINUTES OF THE 91 MEETING OF THE EXECUTIVE COUNCIL OF THE
ATIONAL LAW SCHOOL OF INDIA UNIVERSITY MELDON
WEDNESDAY AUGUST 12 2020 AT 330 PM AND ON
TUESDAY AUGUST 18 2020 AT 430 PM VIA VIDEO CONFERENCIgtlG
MEMBERS PRESENT I Honble Mr Justice Uday Umesh Lalit Judge Supreme Court ofIndia 2 Honbie Mr Justice Dhananjaya Y Chandrachud Judge Supreme Court of india 3 Honble Mr Justice S Abdul Nazecr Judge Supreme Court oflndia 4 Honble Mr Justice V Gopala Gowda Former Judge Supreme Court oflndia 5 Shri Manan Kumar Mishra Senior Advocate Chairman Bar Council of India 6 Shri S Prabakaran Senior Advocate Co Chairman Bar Council oflndia 7 Shri Deb] Prasad Dha Advocate Managing Tnlstee BCI Trust 8 Shr1 Apurba Kumar Sharma Senior Advocate Chairman Executive Committee Bar
Council oflndia 9 Shd Y R Sadasiva Reddy Member Bar Council of India 10 Shri Ved Prakash Sharma Advocate Member Bar Councll oflndia 11 Shri Prashant Kumar Singh Advocate Member Bar Council of India 2 Shri Anil Kumar 1M Chairman Karnataka State Bar Council 13 Shd tV Ramana Reddy lAS Additional Chief Secretary to Government or Karnataka
Higher Education Department 14 Shf1 SY Watawati Law Secretary Government of Karnataka 15 Prof (Dr) Sudhir Krishnaswamy Vice Cbancellor NLSIU 16 Prof (Dr) Ashok R Pati] Professor of Law NLSlU 17 Prot (Dr) TS Somashekhar Professor in Economics NLSIU J8 Dr Nagarathna A Associate Professor NLSJU
AliD 19 Pro[ (Dr) Sarasu Esther Thomas Registrar amp Professor of Law as Secretary to the
Executive Council
lVIEMBERS VRO EXCUSED THEMSELVES L HonbJc Mr Justice Mohan M Shantanagouclar Judge Supreme Court ofIndia
Opening Remarks
The Vice Chancellor Prof Sudhir Krishnaswamy welcomed al the members to the 9i Meeting of the Executive Council He thanked the Honble Judges representatives ofthe Karnalaka Stale Gevernment and members of the Bar Council of India for agreeing to attend this Executive
-ss Council TvteeHng organized at short notice or Video Conference He informed tflC 1crnbers that the Honbie ChiefJustice of India the Chsnceillllofthe University was unable to atlcu and had ominated Honble Justice UlJ Lalit to Chair themeeting in his abence
Justice Lalit clarified the reasOns why this emergency Executive Ceunci I Meeting had been convened at shori notice at his initiative First as CLA T 2020 had been postponed several times the University is unlikely to complete admissions by September 2020 Hence lLSIU faces the prospect or a zero year 1ere 120 BALLB + 50 LLM students will not be admitted and (be University wili lose INR16 crores over 5 years Secondly as the University had submitted a comprehensive Report reviewing the Reservation Policy in the third week of July this Report should be discussed while Ihe admissions process was underway
Justice Lalit then asked if any Member took objection to the short notice and was keen that the Meeting should be adjourned Ali Members unanimously agreed that due to the urgent nature of the agenda of the Meeing the usual lime trames for the Meeting may be dispensed with on this occasion
~ __-1-_- _ - _ _-- -- --- i Item No1 i Postponement of CLAT 2020 and Admissions to the NLSIL for the i_ ____J_A2e~)r2Q~Q21 ________ ____ __
Discussion IMembers noted that the Governing Body of the Consortium ofNLUs held an iemergencv meeting on Aug 10th 2020 to reschedule CLAT 2020 from Aug 22nd to 7en September 2020 ) i i 1 Members expressed concern that CLAT 2020 had been rescheduled 3 times and
further postponement could not be ruled out The Vice Chancellor clarified that the University has made adequate plans to compress the Academic Year if the 1
exam is completed On September 7th 2020 I
However several Members expressed concerns if CLA T 2020 was delayed 1 further All Members agreed that the consequences ofa Zltro Year in terms of loss of revenue (around i 6 crons) and loss of oppoltunity to 120 SA LLB (Hons) and 50 LLM students [0 study at the National Law School was too high a price to pay
Some Members suggested exploring various admissions options using 12th Stllndard Marks other entrance examination results or conducting an online examination The Chair emphasized that it is critical to authorize and urge the University to take immediate steps to prevent a Zero Year if CLAT 2020 is
i further rescheduled
i I The Chair requested the Vic Chancellor to consult withthe BCI Chairpls~n in the event that the Umverslly needs the leave of the Supreme Court In mese I 1____~__-lllat~~~ __ _ ___ _~__ __ _________ _jI _ 1 l was resolved unanimously that jfthere is a further delay in CLA T the Vce 1
L_~C~~nJ9_~ll~cel()r--~_lt11Jlowredt2takeai I necessar $iJlLt~nsur(U~ltlUl1ej
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TAdmissions Processfor 2020-2 i~i~ completed in Septe111ber 2020
NLSIU is authQrised to fUll ft~ own admission process and conduct an i independert admisson tcst if necessary if there s further postponement of the I CLATexam
It was decided that the meeting would be adjourned to 18th August 2020 at 430 PM The Vice Chancellor thanked all the members for joining this meeting
After a formal weicome by the Vice Chancelor Justice U U Lalit chair the meeting and invited Justice Gopala Gowda to present his note feHowed by a presentation by the Chairman Bar Council ofindia
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1 -__~_~~__~ bull i Anv other item with the ncrmission of the Chair
n __ __ Item 3 __ ~~bullbull_______ ~_________bull ______ __ ______ - _~~ ~~~ ~~bullbull _~~~ ~ __--J~_~ __
Discussion The Chair asked the Vice Chancellor to clarify that CLA T 2020 was likely to be r held on 7th September 2020 The Vice Chance lor confirmed that as per the i current schedule it was to be conducted on 7th September 2020 but the I Consortium tny choose to reconsider the date later I
i--~------- i-------~ --_---- ---------------_--- ---- ---- -- ---
Decision i
The Executive Council unanimously reconfirmed this resolution to empower i
the Vice Chancellor and the Jniversity to conduct an independent admission iL_ _________jJ~poundf~ipoundE~1Jt t~at C~~T 29Qis dela)~ecc fU~~t____~~_________
The Vice Chancellor thanked all the Members for joining the meeting and thanked Justice UU Lalit for chairing this important emergency Executive Council meeting
SdJshyRegistrar National Law School oflndia University Bangalore
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Post Bag No 7201 NAGARBHAVI BENGALURU - 560 242 (Old Code No 560072) INDIA
Talalax 080 - 2321316023160532535 Fax OBO - 2316 0534 Website WWWnlsac-in Email registrarnlsaci
Report of the BALLB(Honsl and LLM Admissions Committee 2020
Committee Members
1 Prof (Dr) Sarasu Esther Thomas Registrar 2 Professor Babu Mathew 3 Assistant Professor (Dr) Kaushik Basu 4 Assistant Professor Kunal Arnbasta 5 Assistant Professor Sanyukta Chowdhury 6 Nithya Rhea Rajashekar Advocate (Legal Advisor to the Committee)
A Objective
Since inception admission to the BA LLB (Hons) programme has been purely on the basis of merit as assessed through a common entrance exam The University conducted its own AIIshyIndia entrance examination until 2008 when the Common Law AdmiSSion Test was conceived In 2018 the Consortium of National Law Universities comprising the ViceshyChancellors of 22 National Law Universities was formed to establish a Permanent CLAT Secretariat for the conduction of the CLA T Admissions to the Universitys BA LLB(Hons) and LLM programme were also done on the basis of CLA T score
The Covid-19 pandemic has however caused unforeseen difficulties and delays in the conduct of CLA T 2020 The repeated postponement of the examination has resulted in uncertainty for students parents and the participating Universities NLSIU is uniquely disadvantaged as it follows a trimester system where every academic year is made up of three terms of 90 days duration Moreover each term must accommodate 60 hours of classroom instruction in each course and adequately provide for examination and evaluation processes Further the academic offering for the 3rd 4th and 5th year of the BA LLB programme as well as the LLM programme is fully integrated and requires a common academic calendar
Hence if NLSIU is unable to complete admissions before the end of September 2020 it will inevitably result in a Zero Year with no admission This will deprive law students of the opportunity to pursue their studies this year at Indias premier law university We are fully committed to ensuring that no student is denied the opportunity to study at NLSIU this Academic Year Hence NLSIU is compelled by the current circumstances to conduct a separate admissions process for the BA LLB and LLM programmes for the Academic Year 2020-21
This matter was considered at length at a Faculty Meeting at the University on August 6th 2020 where the Faculty unanimously resolved that NLSIU needed to take all measures necessary to avoid a Zero Year The Executive Council of the University at its 915t Meeting held in two sessions on August 12 2020 and 18th August 2020 met to consider the matter and unanimously resolved to authorize the University to develop an alternative admissions process in the event that CLAT 2020 was not conducted on September 7 2020
h fin stablished under Kamataka Act 22 of 1986
-tgg On August 28 the Executive Committee of the Consortium of National Law Universities postponed CLAT 2020 from September 7 to September 28 2020 Accordingly this Faculty
Sub-Committee was constituted by the Vice-Chancellor and tasked with formulating a revised admission procedure for the academic year 2020-21 with respect to the BA LLB (Hons) and LLM Programme (hereinafter referred to as Programmes)
B Options available before the Committee
1 Conduct an online entrance exam at identified centres across the country for all applicants
2 Conduct a home-based proctored online entrance exam for all applicents
3 Conduct a home-based proctored online entrance exam for applicants shortlisled as per pre-defined criteria
81 Committees decision regarding Option 1
As per expenditure estimates prepared by the University conducting an online entrance exam at identified centres across the country for aU applicants would cost Rs 4 crores Moreover under the given lime constraints it would be extremely challenging to organise the same Further a home-based online examination discussed in Option 2 and 3 below ensures that candictates do not need to travel to physical centres for an additional examination
Accordingly the Committee decided that option 1 would be unfeasible
82 Committees decision regarding Option 2 and 3
A home-based proctored online entrance exam for all applicants would not be feasible given the expected number ofapplicants (apprOXimately 20000+ for BA LLB and 5000 for LLM considering the late call) and the available funds of the UniverSity unless some minimum fee is charged from applicants If this is done we may make an open call
~Ihere no application fee is charged such an entrance exam is feasible for applicants
shorlisted as per pre-defined criteria Subsequent to the initial deliberations ofthe SubshyCommittee it was made known to the members that the procedure for admissions as finalised by Ihe Academic Council on December 12 1987 was that Admission to tile Law School would be only on the basis of the Written Admission Tes
The Committee discussed the available technology platforms for conducting homeshybased proctored online entrance examination with two vendors (Edchemy and Coshycubes The Commiltee also got in touch with Pearson Vue and NSEIT) A moreurogt exhaustive search may be undertaken by the University before making the choice of technology partner for the entrance exam
With respect to the application fee the University has tlllIO options - (i) to charge a nominal application fee (in the range of Rs 100 Rs 250) to recover part of the costs
111 (with the balance being met by the University funds) or (Ii to not charge any application fee While the CommITtee felt that (i) was ideal a final decision may be taken by the Vice-Chancellor in this regard depending on the final expenditure estimates of the entire admissions process and availability of funds with the University
Therefore having considered all the options it was concluded by the Committee that an online home-based entrance examination conducted for all appticants at the earliest and with the lowest possible application fee would be a fair transparent and accessible admissions process
C Committees recommendation regarding conduct of home based online proctored entrance examination
The syllabus of the examination should be as ctose as possible to the Common Law Admission Test 2020 so that candidates are not required to undertake any additional preparation for the NLS1U Entrance exam The following format was recommended by the Committee
Maximum Marks 80
Duration of the Exam 45 minutes
Question Type Multiple Choice Questions only
Marking Scheme 2 mark per correct answer
-050 marks per wrong answer
-025 marks per skippedunanswered question
Candidates will have to appear for the examination using a computer device with video and audio transmission available They should be informed in advance that the University would noi be responsible for any connectivity issues or failure of intemet connection during the examination
A mock examination should be held to familiarise the candidates with the technology plalform on which the examination will be conducted
There should be a protocol established to deal with potential malpractice since the examination will be attempted by the candidates in a home environment It is understood that the available technology allows for artificial intelligence enabled human proctoring of the examination Additionally the technology vendor will put in place software mechanisms to ensure that forms of examination malpractice will be detected and suitable action taken This should include but is not limited 10 restricting access to different online tabs on the computer audio detection continuous video streaming detection of multiple login attempts etc In addition to proctoring during the examination post hoc verification must be conducted on the besis of detailed logs and data records maintained by the human proctors and the available system records In cases of observed malpractice the candidates examination should be cancelled by the University
At the time of computation of final scores pest the examination if twO or more cajsobtain the sameuro marks a break of tie should be made by the following procedure and order (i Higher number of correct answers to Legal Reasoning Questions (if) Higher number of correct answers in the overall examinatiOn iii) ComputeriSEld draw of lets
n view of the fotegoing discussion on the available options the Vice Chancellor may take the
final deCision 01 the admissions procedure to be followed for the academic year 2020-21
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Prof (Dr) Sarasu Esther Thomas Professor 8abu Mathew
Dr Kaushik Basu Mr Kunal Ambasta
Ms Sanyukta Chowdhury Ms Nithya Rhea Rajeshekar
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ANNEXURE R-Il4shy
Honble Justice ~1L U C Lalit Judge the Supreme COlit ofIndia ChairmalL Executive C ounci Xational Law School oIIndia 1Jlliversity
36 September 1010
Sub Decision of the Consortium of -iational Law Universities on 28082020 to postpone
CLAT2020
Honble Sir
Greetings from NLSIU Bangalore
The Comonium of National Law Uillversities of which NLSIU is a member has by its llorification dated 28 August 2020 decided to postpone the Conunoll Law Admission Test CLAT) poundiom September to 28 September 2020 The COVID-19 pandemic has caused llntOreseen diftkulties and delays ill the conduct of CLA T 2020 and the repeated postponement of the examination bas resulted in uncertainty for students parents and the participating llliversities
As you are aware the )JLSlU is uniqudy diadvalltaged as it 1011ows a trimester system where eVelY academIC year i made up of three terllls of 90 days duration Moreover each tel111must accollllllod1te 60 hours of classroom imuuctioll ill each comse anc adequately provide for examination and evaluation processes FUl1her the academic offerillg tOr the 3rd 4th and 5th yem of the BI LLB programme as weH as the LLM prograllulle is fully integrated and requires a COllllllon academic calendar Hence if]1-S1U is unable to complete admissions before the end of September 2020 it will inevitably result in a Zero Year vdth no admissions This will deprive law smdellts of the oppommity to pursue their shldies this year at Indias premier law university TheretOre 1-SIC is compelled by the current circumstances to conduct a separate admissions process for the BA LLB ane LLM programmes for the cademic Year 2020-21
This maHer was considered at length at a Faculty Meeting at the University on Augmt 6 2020
when the C onsortiulll postponed the exam from August 22no to September 7 2010 where the Faculty unanimollsly resolved that NLSIU needed to take all measures neeesalY TO avoid a ~Zero Year
Then the lllmtcr Va placed before you in the EXecmive COllncil at its 9 F meeting held 011 1211
August 2020 wherein it was unanimously resolved to authorize the University to develop an ~-
~ltern~tivc admissions process ill the event that CLAT 1020 WilS not conducted on September jh
2020
Accordingly the Vice Chancellor constituted a Faculty Sub-COlllmittee on August ~020 to denlop a revised admission procedumiddote The Sub-Colllmittee concluded that a common entrance test conducted online at the lowest possible application fee would be a 1aiL tn11lsparent and accessible admissiolls process 8t this The proposab of the Sub-Committee were dicllssed at a F ~cnlty Meeting held 011 31 August 2020 After taking into accollnt the suggestions and
revisiom as necessary the Revised Admissioll Notifications for the Academic Year 2020-21 for
the BA LLB programme and LLlvl programme haw been notified
The lniversity aims to initiate and complete the entire proces by mid-September and begin the Academic Term immediately thereafter While the reyisecl admissions process presents a mOllumental task the careers of the students who have worked hard for this opportunity remain
our top priority
The V ice-Chancellor and I will contlllue to apprise the Executive C ouneil of these developments
and ve thank you for your SUppOl at this time
Sincerely
Prof (Dr) SraSll Esther Thoma
Professor of Law and RegistIar liLSIC tvlember Secretary Executive Council
Copy to (1) Members ofthe Execntlye CounciL NLSIlJ (2) Vice-Chancellor NLsn
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The Faculty
KltIional Law School oflndia University B8ngillolc
3 September- 2020
Sub Decision of the Cousoltiull1 ofKational Law Universities on 28082020 to postpone CLAT 2020
Dear all
~s you are aware the COllsorriulll ofKntiona Law Clliversities of which NLSIC is a membeL has by its notification dated 28th ugnst 2020 decided to postpone the COllllllon Law Admission Test (CLAT) Hom 7 September TO 28 September 2020 The COVID-19 pandemic has caused
uuforesen difficulties and delays in the conduct of CLAT 2020 and the repeated postponement of the examination has resulted ill uncertainty for students parents and the participating
Cuiversities
At the Faculty deeting at the liuivelsity on August 6th 2020 the mailer was considered at
length when the CLA T 2020 wa postponed fiom Angust 2211d 2020 to September 7th 2020 and need to avoid a delayed cademic Term was discllssed NLSlli is lllliqueiy
disadamaged as it follows a nilllestersystem where eely academic year is made up of three
Tenns of 90 days dmmion ldoreover each term 1ll1lSt accommodate 60 hours of classroom illSh11Ctioll in each course and adequately provide tOr examination and evalnation processes
FunheL the aCBdemic offering tor the 3rd 4th and 5th year ofThe BA LLB programme as well
as the LL2gtI programme is fully integrated and requires it COIlllllon academic calendar Hence if NLSlt is unable to complete admissioIlS before the cud of September 2020 it wil iueitably result in a Zero Year with no admissions that deprives law students of the opportunity to pursue their smdies l11i year at Indias premier law university At this meeting the Faculty Imanimously
resolved that NLSIC needed to take all measures necessmy to avoid a Zero Year
Tllereatler the matter was also placed before the Executive Council at its 91t meeting held on
12 August 2020 wherein it was ullanimously resolved to aurholize the University to develop an altemmive admission process in the event that CLAT 2020 was not conducted all September
2020 Therefore NLSlt is cOlllpdled by Ille current cncumstances to conduct a separate admissions process for the B LLB and LLM progrmnmes for the Academic Year 2020-2 L
Accordingly the Vice Chancellor constilllted a Faculty SubmiddotCommittee on 28 August 2020 to
develop a revised admissions procedure The Sub-Commirree concluded that a common ntlance test conducted online at the lowesl possible application fee vould be a fair
lransparem and accessible admissions nrocess at this stage The pro])osals oftlle Sub-Committee - - ~
were discussed at the Facultv Meetimr held on31 Augnst 2020 Afler taking-
into aCCOllll the ~
snggestions and revisions as llece~sm) the Revised AdmJion otificarions for the Academic
Year 2020-21 for the BA LLB programme and programme have been notified on the Cniversity Yeb~ite
The Cniversit aims to initiate and complete the entire process by mid-September and begin the Academic Term immediately thereafter While the reised admissions ploce presents a monumental task the careers of the students who 1mve worked hard for this opportunity remain
our top priority
The Vice-Chancellor and I shall continue to apprise the Faculty of the developments and we thank you for yom SUpjlOlt al this time
Sincere
Prof (Dr) Snmsu Esther Thomas Professor of Law and Registrar ]LSn
ltlember Secretary Executive Council
Copy to (1) Member offacuIty NLSlli
(2) Vice-ChallCellQL NLSIC
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Tlle PI ident
ConSOl1iUlll ofltational Law Cmverities
3 September 2020
Sub Decision of the Consortium dated 270820 to postpone CLAT 2020
Dear Prof VijaykumaL
Guering ilOlll LSru Bangalore
The COVID-19 pDlldemic has caused unforeseen difficulties and delays in the conduct of CLAT
2020 The repeated postponement of the examination has reulred in ullcel1ainty for students
parms and the pmticipating Cuiverstie
LSIl is uniquely disadnmaged as it follows a trimester system where evelY academic year is
made up of three tenlls of 90 days dmation rIoreover each term must accollllllodate 60 hours of classroom instruction in each course and adequately provide for examination and evaluation
processes Further the academic offering for the 31d 4th and 5th year of the BA LLB
pro~ml1111e as well as the LLrl progrmllllle is fully integrated and requires a common academic
calendar
Hence if ll_SIU is unable to complete admissions before the end of September 2020 it will
inevirably resut in a Zero Year with IlO admissions This deprives law sludents of the
opportunity to pursue their mdies tills year at Indias premir law university Therefore ](LSIU
is compelled by the ClliTem circumstance to conduct a separate admissions process for the BA LLB and LLM programmes for the gtcademic Year 1020-21
This matter was considered at length at a F acuIty lHeeting at the Cuiversiry on August 6th 2020 where the Faculty unanimously resolved that NLSIC needed to take all measures nec6sary to avoid a Zero Year The Execmive COllllcil ofte Cniversity the 91s1 EC meeting held in two
sessioLlS 011 12th Ausmst 2020 and 1 Stl August 1020 considered the maner and unanimously- ~
resolved TO authorize the University to develop 0Jl altemative admissions process in tile evem
tlwt CLAT 2020 was not conducted on September 7th 2020
On August 28th the Executive COlllmittee of the COllsortiull of National Law Universities
postponed CLAT 1010 from September 7th to September 28th 2010 III these circulIlstances
NLSIU is compelled to conduct a sepmate admissions process forthe Academic Year 2020-2 L
I reiterate that NLSIU will continue to discharge all its responsibilities as a Founder )middotlember of the COllS011iulll Rncl the Vice-Chancellor in his capacity as ex-officio Secretary-Treasurer shall
extend all necessary SUppOH to the Consortium for the SUCCessful condlct of CLAT 2020 at the
earliest possible date
I am continuously available to clarify any of these developments on the email and the phone e
request yon to take all necessalY steps 10 connmlllicale this to all students who have registered for CLAT 2020 as we lllUICt conduct the admissions process with the least possible
disl1lptioll
Sincerely
Sarasu E1her Thomas Registrar NLSIC
Copy to
(1) vIr Bahaj Chaul13ll CLA T COllvenor (2) Members of the Consortium
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PROCTORING PROTOCOLS
THE KATIONAl LAV APTITlDE TEST 2020
NLSIF uims TO ensure that the NLAT 2020 is an accessible smdem-triendly examinmion registered candidares are required TO follow the highest standards ofacademic integrity while raking the res The Proctol1ng Protocols to monitor the examination process are sel om below
middotmiddotmiddotmiddotmiddot~-middot~rmiddot~middotmiddotmiddotmiddot-~middotmiddot-middotmiddotmiddot~middotmiddot ------~~
50 lIalpracticf Ownersbi]l PradoI Ation
1 I111pcfsonation Proctor L Record Malpractice I
~(determined at of _ Do not allow the impersonator to starr candidate validmion the xmninatioll prior to cxanllmnion 3 For PWD candidates both the commencement) candidateS and scribes GOV1 Photomiddot
I ID must be verified bull
2 Inappropriate Proctor Proctors will send a message to such surroul1dings ar teSC candidates Please sweep th canlra location External help ill a circle around me place you are solicited (suspected) taking the assessment and i or (Someone otiler than Please tilt rhe devicemiddot keyboard you pennitted scribes are using for the assessment)present in the vicinitv
1 Candidates to show 8 360-degree view candidate looking ill of the emire room by mming on a mher directions webc8m (Iapmpsidesktopsl or fromcontinllollsly
periodically candidate camera (as directed by proctor) talking communicating (mobile devices) tilt the device
Iin any other manner keyboard as instrUCTed dlh SOIlleone other thrill 3 If any 1llla1lthorised person or penllired scribes unauthorised device is observed in the
candidateS vicinity including but not limited to person(s Othef than permitted scribes HDMI cabies extemal devices projection of the feSt screen etc proctors m terminate the candidates examination attempt
I inUlledlately
4 If the proctor observes a phone rabler other device falling slipping when the device keyboard used for the assessment is tilted proctor to terminate the exam immediately
5 Any candidate who fails to comply with the proctors instruction within 45 seconds will be logged OUl of the examination ProcmfS may permit 10 additional seconds in simations where they ill Ildr ciretiol1 determine that
10 ~-()
3
4
5
6
s
~IaljJractke
T alkingiS peaklngJvIaki ng Gestmes (could include gestures that indicate to the proctor candidate may be using another demiddotic~middotmiddot looking at chat applications InirrofJ other screen etc ) VindQw ~ u (Accessing any other window other than the test vinoo)
I
Lac Face not Detected (Candidate not present in front of systenl)
-fllltipJe persons detected
i Foreign Device Observed (~vlobileT ab letsCa leuia tors etc)
Candidates observed
II OwnerSlliL I
Proctor l
0_
3
Systell1 Ii
0_
Proctor l _
3
LProctor _
3
Proctor i
Proctor L
P~()ct()r Actim the candidate may 110t hay noticed l11essages i1-0111 the proctor in the course of anc~llpting the exarlination Send tlyo yarnings m the cnndidare If a candidate persists with this be11ayio1[ the procmf shalt inform tbe Super Proctor Super Proctor may recommend t11m candidates should be conracted through the system for clarification or disqualified
Candidate will be loggerl our of the -xal - middotl1hafmiddoto~h at~middot1 c1 _ ~UCh - ~ 1 dllC1UY I
accounts for occasional 0Jc~m popmiddot ups Inacyertent errors)
Proctor may issue to candidates when the first tiw attempts afe detected
Send one warnjl1~ If the candidate does nor reUlrn within 45 seconds tennlnate the candidates examination attempt immediately Proctors Jllay permit 10 additional seconds in situations Where they in theit discretion determine that the candidate 111ay not hay noticed
--warning messages 110111 the proctor in the conrse of Jttempting the examination Send one vaming to the candidate
~~~~
If the other person does not leave imrnediatcly tenninatt the candidateS fxaluination rmempt immediately Proctors shall when comempla ring the abo1e actions account for a PVD candidmes fhm may be
_cHsing b Candidates that mav be 3D faring~p
for the exarnination at test centres
Send one wamin to the candidate If the candidate still persists terminate the candidate5 ~xalnination attempt immediately Send one to the candidate
7
i f--
S~o r HalpnKtke OWllerlthiJ Acflim
Headphones Blueworh _ Check if the candidate is only using it Audio devices for microphones purposes fle
plugged into systel11 as an external 3uaclled microphone bur candidate is not wearing earptcef h~adset)
o If the candida does nor comply with
the proctors instructions rermilk1te the candidate s examination attempr I immediarely_- ----+-_--shy
9 Simulmn~ou5 login Proctor L Proctors will observe rhe picmres of nne1l1pts 11mlriple candidates fr01l1 all such dcices
~0 _ If ir is observed rhar someone other rhan the candidate is using snell other d~vic~s proctor to renuinme the exafn immediately
3 If a candidate is observed on all snch Ideices proctor will flag the issue for
the Super Proctors anenrion Super Proctor nlay recoffilllend that
Ibull bull
candidates be contacted through the system for claritlcarion or disqualified Further investigation posr the examination may be carried out with help of audit togs generated on the SYSTem and lLSIU may disqualify the cundidllle upon such I eXaJlJnation
10 Any other malpractices Proctor Super Proctors Super Proctors may in nor describe above Proclor addition to situations where Proctors
Super Proctors detect any potential malpracrices as described above ask the candidate to perform any of the aceions described ill this column titied Proctor Action at any lime and tU
their discretion III addition to the demits set om in
these Prorocols~ the Super Proctors shall haVe the authoriry 10 disqualify a candidate terminate the candidate S examination attempr in the event they detect any act or onssion that docs nol comply with the requiremems of inregriry of a test of the llamre of the -LAT 2020
~OTES
j Instructiolls will provided to candidates on the rest screen as well as in advance of rhe examinarioll in a Candidare MannaI in relation to sinrariolls such as power ems internet
3
lo~ faiiures The assessment system used for the NLAT ~020 may permit the candidate to continue ansrering the question paper In events of internet failure hoyever this is subject to the Proctors discretion and subject TO the candidate system re-connecting to the examination interface it11i11 the rhlle and in the l11anner stipnlated ill the Oll~$creell instmctions and the Candidate ManuaL lilile every attempt shall be made to ensure that commullications instructions and requests promptly are delhered to candidates during the examination process candidates shall have the responsibility to ensure that they respond to such communications messages instructions and requests promptly
3 NLSIU reserves the right upon conducting a derailed and thorough sCl1lriny ofrhe system reports generated for short1isted candidates after the exanlination to any such candidates test scores in the event the system reports in KLSICs opinioll reveal any act or omission tllat does no comply 1rh the req1irements of of a res of the namre rhe NLAT 2020
4 NLSIU rnay re-iey update these Protocols at any tilne prior ~o the exarninarlon at discretion All registered candidates shall be Infof1ned of such elSlOllS l1pcla~s prior ro time of their examination
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J A University for Lega Studies and Research sponsored by the Bar Council of IndJa and established under Karnataka Act 22 of 1986
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
IN WRIT PETITION (CIVIL) NO1030 OF 2020
IN THE MATTER OF
RAKESH KUMAR AGARWALLA amp ANR PETITIONERS
VERSUS
NATIONAL LAw SCHOOL OF INDIA UNIVERSITY
BENGALURU amp ORS RESPONDENTS
APPLICATION ON BEHALF OF RESPONDENT NO1
SEEKING EXEMPTION FROM FILING DULY ATTESTED
ORIGINAL COUNTER AFFIDAVIT
TO
THE HONBLE CHIEF JUSTICE AND
OTHER HONBLE JUDGES OF THE
HONBLE SUPREME COURT OF INDIA
THE HUMBLE APPLICATION OF THE
RESPONDENT NO1 ABOVE NAMED
MOST RESPECTFULLY SHEWETH 1 That the respondent No1 is filing the accompanying Counter
Affidavit of its authorized representative in the present matter
2 That the Respondent No1 craves leave of this Honble Court to
refer to and rely upon the contents of the accompanying countershy
affidavit
loi 3 That due to the situation prevailing on account of corona virus
pandemic the authorized representative of the respondent No1
is unable to get her Counter Affidavit duly attested f notarized
Accordingly the respondent No1 is constrained to file the nonshy
attested signed affidavit in support of the present countershy
affidavit
4 That in the light of the above-mentioned facts and circumstances
which are beyond the control of the Respondent No1 it is
imperative that the Respondent No1 is exempted from filing the
duly attested Affidavit in support of the present counter-affidavit
5 That the present application is made bonafide and deserves to be
allowed in the interest of justice
PRAYER
It is therefore most respectfully prayed that this Honble Court
may graciously be pleased to allow this application and
(i) Exempt the Respondent No1 from filing of the duly attested
original Counter Affidavit and
(ii) Pass such order(s) as this Honble Court may deem fit and proper
in the facts and circumstances of the present case
AND FOR THIS ACT OF KINDNESS THE APPLICANTS AS IN DUTY
BOUND SHALL EVER PRAY
FILED By
~ (KUMAR DUSHYANT SINGH)
ADVOCATE FOR THE RESPONDENT No1 FILED ON 14092020
ItJ1
iN SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
IN WRiT PETITION ViL) NO1030 OF 2020
rnON[HS
VERSlS NnOiIL LNV SCHOO GF INDiA UrJ1VERSiTY
l~G Ul-ZU amp OFS
AFFIDAVIT ) fhO[vlS fv1L Nt Thornas
years at Faculty Quarters Block 2 National ind Nagarbhavi Bengaluru 560072 do afffr and statG on oath as under
the Respondent NO1 in the present
VJith of the case and
affirrn to this affidavlt
2 the contents of accompanying application exenlption are
true correct ~o my Knowledge and belief nOthing rrt3hrial
llas concealed ti
VERIFICATION
at Bengau(u on)~ cay of September 2020 that the
contents of above affidavit are true and correct to my knOWledge and
and nothIng rnateria has concealed therefrom
I
I
19 ANNEXURE-R-118 True Copy of the press release issued by NLSIU on 12092020 depicting the said facts
18 ApPLICATION ON BEHALF OF RESPONDENT No1 SEEKING EXEMPTION FROM FILING DULY ATTESTED ORIGINAL COUNTER AFFIDAVIT
14shy
~oSI I
1 IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
IN WRIT PETITION (CIVIL) NO1 030 OF 2020
IN THE MATTER OF
RAKESH KUMAR AGARWALLA amp ANR
VERSUS
NATIONAL LAW SCHOOL OF INDIA UNIVERSITY BENGALURU amp ORS
PETITIONERS
RESPONDENTS
COUNTER-AFFIDAVIT OF RESPONDENT NO1
I Prof Sarasu Esther Thomas daughter of Mr AM Thomas
aged about47 years residing at Faculty Quarters Block 2 National Law
School of India University Nagarbhavi Bangalore - 560 072 Registrar
of the Respondent No1-University (NLSIU) solemnly swear on oath
and state as follows
1 The above Writ Petition is not maintainable is without merits and
liable to be dismissed in limine
2 The above Petition is filed calling in question the decision of
NLSIU to hold an admissions test called National Law Admissions
Test 2020 (NLAT 2020) for selecting candidates to join the five-
year BALLB (Hons) undergraduate programme and one-year
LLM postgraduate programme
3 NLSIU submits that the above Writ Petition is liable to be
dismissed for the following reasons
a The Petitioners lack focus standi to maintain the present
Petition
b The decision to implement NLAT 2020 is entirely justified in
the facts of the case and is in the public interest and in the
interest of students at large because implementation of
NLAT 2020 is the only way to avoid a Zero Year where
students will lose the opportunity to join NLSIU in the
current academic year
The academic year at NLSIU must be of at least 285 days
duration for reasons more fully explained herein below
The academic year for the incoming batch of first-year
students for the Academic Year 2020-21 will fall short of
285 days if NLSIU does not complete admissions by
18092020
Therefore postponement of CLAT 2020 from 07092020 to
28092020 rendered completion of admissions to NLSIU
and commencement of term by 18092020 impossible To
ensure that students aspiring to join classes in Academic
3 Year 2020-21 were not consequently denied the
opportunity to study in NLSIU NLSIU implemented NLAT
2020
c The implementation of NLAT 2020 is also permitted under
and in accordance with applicable law As per the NLSI
Act the Executive Council is the Chief Executive Body of
NLSIU The Executive Council has categorically authorised
the Respondent No1 conduct its own admissions process
The impugned examination NLAT is held pursuant to the
said categorical and unanimous decision of the Executive
Council
Further the Memorandum of Association and Bye-Laws of
the Consortium of National Law Schools which conducts
the CLAT exam do not prohibit a member from conducting
its own admissions test to determine admissions especially
when CLAT is not held by the Consortium In any event
even assuming without admitting that the Bye-Laws do not
permit it the same would result purely in a dispute amongst
members of Consortium and cannot be urged in this Writ
Petition
Re Maintainabilitv
4 The Petitioner No1 claims to be the father of an aspiring law
student However absolutely no materials are placed on record to
depict the said fact Further it is neither averred that the child of
the Petitioner No1 is a minor nor is any material or evidence
depicting his I her minor status placed on record As such the
Petitioner No1 has no right to move the Petition on behalf of his
child
5 Pertinently no student has himself or herself filed any
proceedings calling NLAT 2020 in question before this Honble
Court
6 The Petitioner No2 is the Chairperson of a private law college
viz Vivekananda Institute of Professional Studies Every
institution imparting legal education in the country has an interest
in the outcome of the present litigation The above college is not a
member of the Consortium and Petitioner No2 is not aggrieved in
any manner It is also sad that the Petitioner No2 having been
the Vice-Chancellor has chosen to file this writ petition knowing
28thfully well that holding the exam tentatively on September
would have resulted in a complete washout for NLSIU On the
5 other hand the other 21 colleges would not be affected as they
follow a semester system
7 Without prejudice to the foregoing preliminary contentions
regarding maintainability NLSIU craves leave to submit
regarding the merits of the matter as follows
RE FACTUAL BACKDROP RELATING TO NLAT 2020
Brief Background regarding NLSIU
8 NLSIU is established pursuant to a joint initiative of the Honble
Judiciary the Bar Council of India (BCI) and the Karnataka Bar
Council with a view to create a premier institution of legal
education in India It was set up by the National Law School of
India Society established by BCI Trust as a society under
Karnataka Societies Registration Act 1960 comprising members
of the Bar and legal academics to establish a leading national
institution for legal studies The said society approached the
Government of Karnataka to host the school in Karnataka The
State of Karnataka agreeing to such request enactedthe
National Law School of India Act 1986 (Karnataka Act No22 of
1986) for this purpose (NLSI Act)
9 NLSIU which was established as an autonomous national-level
institution under the NLSI Act is now recognized globally as the
premier institution for imparting legal education in the country to
students from India and overseas
10 NLSIU at present offers the following courses of legal study
a five-year undergraduate programme leading to the award of
BA LLB (Hons) degree
b one-year postgraduate programme leading to the award of
LlM degree
c two years Master of Public Policy post graduate
programme and
d Ph D I M Phil Research Degree programme
11 NLSIU carries out its functions autonomously regulated by its
governing bodies under the NLSI Act in consonance with the
professional legal education standards prescribed by the BCI In
exercise of its said autonomy NLSIU defines its own pedagogy
and the structure of the courses of legal studies to be offered by
it as also various structural elements such as its academic
calendar faculty intake and capacity etcetera
Brief Background regarding Historv ofAdmissions to NLSIU and Genesis of eLA T
12 From inception NLSIU has had autonomy in determination of its
admissions process The mode of admission into the University
was originally fixed by the Executive Council in its first meeting
dated 29081987 to 30081987 wherein it was decided as
follows
I The draft proposal of the Academic Council to Actions have the selection of the students done through will be an All India admission test and interview was taken as approved The procedure for admission Test per the and the selection may be decided by the decision Academic Council and implemented by the of the Director However the Executive Council Executive disapproved the recommendation of the Council Academic Council to pay one-way second-class train fare to the students called for the interview
The Council noted the sample objective type question paper presented by the two experts on the request of Professor Upendra Baxi However the matter for finalizing the test was left to the Academic Council and the Director The Council noted the format of admission Test provided by MIs RC Mishra and CB Dwivedi of Banaras Hindu University as the instance of Professor Upendra Baxi
True Copy of the relevant extract of the Minutes of the First
Meeting of the Executive Council is annexed herewith and
marked as ANNEXURE-R-11 (Page No l-40)
13 Pursuant thereto the Academic Council of NLSIU met on
12121987 and resolved the final procedure for admission True
Copy of the minutes of the meeting dated 12121987 is annexed
herewith as ANNEXURE-R-1I2 (Page No 51)
14 Until 2007 NLSIU was conducting its own entrance examination
for admissions into its various programmes Pertinently even till
date NLSIU continues to conduct its own admissions process for
the MPP programme and Ph D programme mentioned in
paragraphs 1 O(c) and 10(d) above
15 In or around 2007 in the backdrop of proceedings before this
Honble Court in Varun Bhagat v Union of India and Ors
wP(C) No 68 of 2006 a meeting of the (then-existing) seven
National Law Universities was convened by the Ministry of
Human Resource Development to consider implementation of a
joint entrance examination for admission to the said NLUs The
seven NLUs entered into an MOU to conduct a common test
J known as the Common law Admission Test (ClAT) It was
agreed that each participating University shall conduct the exam
by rotation The matter of adopting such a common entrance test
was also deliberated by the Executive Council of NlSIU in its
meetings dated 27012007 and13052007 wherein the
Executive Council directed that NlSIU should ensure it plays a
lead role in implementation of such common entrance test True
Copy of the minutes of the meeting of the Executive Council of
NlSIU dated 27012007 is annexed herewith and marked as
ANNEXURE-R-113 (Page No +)
True Copy of the minutes of the meeting of the Executive Council
of NlSIU dated 13052007 is annexed herewith and marked as
ANNEXURE-R-114 (Page No S 16 Thereafter the ClAT process itself was called in question before
this Honble Court in two separate proceedings ie Shamnad
Basheer v Union of India WP(C) No 600 of 2015 and Disha
Panchal v Union of India WP(C) No 551 of 2018 In Disha
Panchars case where grievances relating to ClAT 2018were
raised this Honble Court directed the Ministry of Human
Resource Development to appoint a Committee to investigate
1o CLA T 2018 suggest remedial measures and look into future
arrangements for the exam and this Honble Court also observed
that the idea of different NLUs conducting the exam each year
needs to be revisited In Shamnad Basheers case four issues
were raised regarding CLAT namely (a) the decision of the
Universities to conduct the exam in turn by rotation (b) the
quality of the exam itself (c) the integrity of the exam and (d)
issues relating to accessibility particularly amongst
underprivileged segments of society
17 The concerned NLUs in this backdrop and independently of any
directions of the Honble Courts in the said proceedings resolved
to establish a Permanent CLAT Secretariat at NLSIU Bangalore
by incorporating a registered society namely the Consortium of
National Law Universities A plain reading of the Memorandum of
Association and Bye-Laws of the Consortium clearly
demonstrates that the objectives and purposes for which it was
formed were multifarious in nature and not restricted to
conducting the entrance exams The concerned NLUs further
decided that the said society would be responsible for conducting
the exam under the leadership of the Consortiums Executive
Council Based on the said decision the Respondent NO3 (the
Consortium) was formed as a society under the Karnataka
Societies Registration Act 1960 NLiSU was given a central and
prominent role in the Consortium and it was decided that the
Secretariat would be permanently located at NLSIU Bangalore in
order to address the concerns raised in Shamnad Basheers
case
18 The Petitioner in the said case however(relying on an Expert
Committee Report submitted in Disha Panchals case
recommending that a government agency be mandated with
conduct of CLAT sincemiddot rotation-based implementation by
individual colleges was undesirable which Report had been
submitted prior to constitution of the permanent Consortium
Secretariat) pressed for the National Testing Agency to be
entrusted with conducting CLAT This Honble Court vide its
latest Order in the above proceedings dated 28112018 directed
the Ministry of Human Resource Development to convene a
meeting amongst the stakeholders to consider this prayer True
Copy of the order dated 28112018 in wp(C) NO600 of 2015
12 titled as Shamnad Basher Vs Union of India is annexed
herewith as ANNEXURE-R-1f5 (Page No amp-I-J) However thereafter there have been no further proceedings in
the said case
19 As is clear from the foregoing establishment of the Consortium
and CLA T were purely voluntary decisions taken by the
respective NLUs pursuant to deliberations amongst them and in
order to resolve issues and concerns that had been raised by
various stakeholders including in the afore-described
proceedings before this Honble Court Further and specifically
to the best of the Answering Respondents knowledge - and on a
perusal of the various Orders of this Honble Court in the
aforesaid proceedings- it is crystal clear that this Honble Court
did not issue any directions to establish or implement either a
common law entrance exam or a Consortium of National Law
Universities In fact even the Petitioners do not rely on any such
Orders
20 The voluntary nature of participation in the Consortium and
consequently CLAT is also established by the fact that the Bye-
Laws of the Consortium itself provide for voluntary withdrawal
13 which could never have been permitted if the Petitioners
contention that it was the result of Orders of the Honble Court is
correct
21 NLSIU as a party to the deliberations amongst the NLUs
described above has been at the forefront of implementing
CLAT and also taking continuous measures to enhance and
improve the CLAT admissions process right from the inception
and till date
Events relating to CLAT 2020 Inordinate Delay in Holding CLA T 2020
22 Even for the Academic Year 2020-21 NLSIU actively partiCipated
in the announcement and implementation process of CLAT 2020
23 As per the original schedule for CLAT 2020 the exam was to be
conducted on 10052020
24 However starting from March 2020 and thereafter the
Consortium resolved from time-to-time to reschedule the CLAT
2020 due to the COVID-19 pandemic as follows
Date of decision to Rescheduled Rescheduled Decision reschedule from - Date to- Date taken by
21042020 10052020 21062020 General Body
18052020 21062020 To be notified Executive Council
14shyI
29062020
05082020 I
10082020
28082020
NA
I
22082020
NA
07092020
22082020
To be notified
07092020
28092020
Executive Council
Executive Council
General Bodv
I Executive bullCouncil
25 As is clear from the foregoing CLAT 2020 which was originally to
be held on 10052020 now stands delayed by more than four
months to 28092020
26 The aforesaid decision to postpone CLA T 2020 to 28092020
would have compelled NLSIU if it were to rely on CLAT to
complete its admissions to declare a Zero Year ie forgo
admissions into the first year of its BA LLB and LLM
programme for the reasons explained hereafter
27 NLSIU amongst 23 NLUs is the only NLU which maintains a
trimester system-based academic calendar The trimester system
is implemented as per the decision of the Executive Council of
NLSIU in its 4th meeting held on 11091988 The Executive
Council in the said meeting decided that each Academic Year
shall be divided into 3 academic terms of mandatory 70 working
days each True Copy of the relevant extract from the Executive
S Committees Resolution dated 11091988 is annexed herewith as
AN N EXURE-R-1 16 (Page No J)
28 The requirement to hold mandatory seventy working days in each
trimester rests on the fact that NLSIU offered a novel integrated
five year dual-degree programme that would otherwise take six
years to effectively deliver In this backdrop in order to comply
with applicable UGC guidelines and justify a five-year
programme the University devised a trimester-based model
which could sustain the additional workload and justify the five-
year timeframe The same therefore necessarily requires an
academic year to be at least 285 days long (even if the usual 15
days break at the end of each term required for evaluation and
analysis is reduced to 5 days) A detailed note explaining the
aforesaid timeframe required for completion of an academic year
are annexed herewith as ANNEXURE-R-17(Page NOT~
29 Therefore the requirement to complete 285 days in the Academic
Year 2020-21 coupled with the requirement to start the next
academic year (2021-22) on 01072021 meant that NLSIU has
to start its first-year classes for the Academic Year 2020-21 by no
later than 18092020
I 30 Pertinently the impact of delays in CLAT on academic calendars
is not only real but also felt by other institutions For example
Nirma University which conducts its LLM programme on the
basis of trimester system was constrained to withdraw from
CLAT 2020 due to the delays in conduct of the same True Copy
of the Communication of Nirma University to the Registrar of
NLSIU dated 12092020 is annexed herewith and marked as
ANNEXURE-R-1S (Page NO-=t-)
NLSIUs Efforts to Complete Admissions through eLAT 2020 Process
31 NLSIU in view of the need to complete admissions and
commencement of the course by 18092020 made substantial
bona fide efforts to convince the Consortium to facilitate the
conduct of CLA T 2020 in a timely manner
32 The Respondent No2 has in his Counter-Affidavit laid out the
efforts made by him to avoid postponement of CLAT 2020 NLSIU
adopts the averments made in this behalf in full True Copy of the
table prepared by the Respondent No2 and produced in his
Counter-Affidavit describing the said efforts is annexed herewith
as ANNEXURE-R-19 (Page No i1f~
33 Further in light of the repeated delays when CLAT 2020 was
postponed on 28082020 to 07092020 NLSIU also proposed
several alternatives to the Consortium which would enable
universities to complete their admissions within the timeframe
required whilst leaving it open to members if they so choose to
delay their admissions process The options furnished were (a)
for NLUs to proceed with their own admission process for 2020shy
21 (b) allow for CLAT 2020 to be conducted in two series so that
Universities may choose an earlier or later date and (c) for NLUs
to admit CLAT-enrolled students to appear for separate exams
conducted by the NLUs with no further need for registration or
fee payment However the members of the Consortium did not
agree to any of the alternatives suggested Subsequently on
10082020 the General Body of the Consortium met and
decided to hold CLAT 2020 on 07092020 If CLAT 2020 was so
held it would have enabled NLSIU to complete the admissions
process in time to meet the requirements of its academic
calendar
Faculty and Executive Council Decision re Alternative Admissions Process Announcement of NLAT 2020
34 The Faculty of NLSIU at their meeting dated 06082020 had
considered a short presentation made by the Registrar of NLSIU
on the effect of the postponement on NLSIUs admissions cycle
and academic year and noted the dangers of a Zero Year
including loss of talent to the University loss of opportunity by
students to study at NLSIU and monetary losses over 5 years
The Faculty in this backdrop unanimously resolved that NLSIU
needed to take all measures necessary to avoid a Zero Year
True Copy of minutes of the faculty meeting dated 06082020 is
annexed herewith as ANNEXURE-R-110 (Page NOI)
35 As the continued delays in CLAT 2020 would frustrate NLSIUs
academic calendar the Executive Council at its 91 51 Executive
Committee meetings dated 12082020 and 18082020 resolved
and directed the University to implement an independent
admissions process if the CLA T 2020 was further delayed beyond
07092020 True Copy of the draft minutes of the 91 s1 Executive
Council meetings dated 12082020 and 18082020 is annexed
herewith and marked as ANNEXURE-R-111 (Page NO +- tamp)
Efforts taken to Implement NLA T 2020 Effectively with Engagement of All Stakeholders
36 NLSIU being left with no other alternative had to act with alacrity
to complete the admissions process and commence classes by
18092020 and avoid a Zero Year
37 In this backdrop and pursuant to the directions and instructions of
the Executive Council at the meetings dated 12082020 and
18082020 to devise alternative methods to complete
admissions the Respondent No2 convened a Admissions
Committee to consider the modalities for completing admissions
The Admissions Committee considered three options for
admission for incoming students First a centre-based computer
entrance examination Second a home-based online examination
for all students and Third a three-stage process providing weight
age to 10+2 marks online entrance examination and an
interview
38 The Admissions Committee in weighing the feasibility of the
aforesaid options took into account all relevant factors including
the time constraints and costs the requirement to ensure that
candidates are not put to any undue disadvantage as a result of
the decision and also the prevailing practice of NLSIU prior to the
introduction of the CLAT to conclude that an entrance test
conducted online at the earliest and with the lowest possible
application fee would constitute the most fair transparent and
accessible admissions process in the above circumstances The
Admissions Committee expressly noted that the said approach
would be in line with the decision of the Executive Council in its
meeting dated 28081987-30081987 as also the subsequent
decision dated 12121987 of the Academic Council whilst
implementing the aforesaid view of the Executive Council (which
decisions are more fully described hereinafter)True copy of the
Report of the Admissions Committee is annexed herewith and
marked as ANNEXURE-R-112 (Page No S=J) 39 On 31082020 NLSIU convened a Faculty Meeting and the
proposals of the Admissions Committee were duly deliberated
and accepted The Faculty unanimously agreed that a separate
admissions procedure would be in the best interests of the
students and NLSIU True Copy of the minutes of the Faculty
2 Meeting dated 31082020 is annexed herewith and marked as
ANNEXURE-R-113 (Page N0-11)
40 Pursuant thereto the Vice-Chancellor formed a team consisting
of faculty members and professionals to finalize the modalities of
the examination and also appoint after evaluation the
appropriate service providers to facilitate the conduct of the
examination
41 Thereafter once these actions were completed by the said team
and the modalities were frozen the Respondent No2
communicated I caused to be communicated through the
Registrar the final arrangements to the Nominee of the
Chancellor the Executive Council the Faculty of NLSIU and also
the Consortium itself The details regarding the same as also the
conversation between the Respondent No2 and the nominee of
the Chancellor of NLSIU are averred by Respondent No2 in his
Counter-Affidavit NLSIU craves leave to adopt the said
averments True Copy of the Communication dated 03092020
regarding NLA T 2020 issued to the Nominee of the Chancellor
and Executive Council members is annexed herewith as
ANNEXURE-R-114 (Page No ~V
True Copy of the Communication dated 03092020 regarding
NLAT 2020 addressed to the Faculty of NLSIU is annexed
herewith as ANNEXURE-R-115 (Page No -1) True Copy of the Communication dated 03092020 regarding
NLA T 2020 addressed to the Consortium of National Law
Universities is annexed herewith and marked as
ANNEXURE-R-116 (Page No It)
42 Therefore the decision to hold NLAT 2020 was notified on
03092020 only upon completing the processes described
above and with due and full disclosure to internal stakeholders
the Executive Council as also the Consortium itself
43 It is in the above factual backdrop and pursuant to permission
granted by this Honble Court in its Order dated 11092020 in the
above proceedings that NLSIU has implemented NLAT 2020 with
a view to avoid declaring a Zero Year
RE LEGALITY OF NLAT 2020
Re Statutory Power of NLSIU to Convene NLA T 2020 Scope of Executive Councils Powers under Statute
23 44 NLAT 2020 is implemented by NLSIU in the aforesaid factual
backdrop and in exercise of its statutory powers and functions
Pertinently it is implemented pursuant to and in terms of the
express decision of the Executive Council in the 91 stExecutive
Council Meeting wherein in the second session of the said
meeting held on 18082020 it was resolved as follows
The Executive Council unanimously reconfirmed this resolution to empower the Vice Chancelor and the University to conduct an independent admission process in the event that CLAT 2020 is delayed furthet
45 The power of the Executive Council to make this decision is
manifest from Section 10 of the NLSI Act which provides as
follows
10 The Executive Councilshy
(1) The Executive Council shall be the chief executive body of the School
(2) The administration management and control of the School and the income thereof shall be vested with the Executive Council
46 Even as per the settled law laid down by this Honble Court in
TMA Pai Foundation v State of Kamataka (2002) 8 SCC 481
the right of the educational institution under Article 19(1 )(g) of the
Constitution as recognised by this Honble Court encompasses
the right to admit students In the said Judgment at para 50 this
Honble Court held as follows
50 The right to establish and administer broadly comprises the following rights
(a) to admit students (b) to set up a reasonable fee structure (c) to constitute a governing body (d) to appoint staff (teaching and non-teaching) and (e) to take action if there is dereliction of duty on the part of any employees
47 As a matter of historical practice as well the Executive Council is
the supreme authority which is empowered to take decisions as
the chief executive body of the school The same is evidenced
from
a The decision of the First Executive Council meeting dated
29081987 - 30081987 wherein the mode of admission
is decided (produced above as Annexure R 1) and
b The decision at the Executive Council meetings dated
27012007 and 13052007 regarding admission through a
common entrance test (produced above as Annexure-R-13
and Annexure R-14 respectively)
2S 48 It is therefore indisputable that the determination of the method
of admission to NLSIU vests under the statute with the
Executive Council
49 The related contention that the Executive Council cannot decide
on the mode of admission without reference to the Academic
Council is misconceived The said contention is asserted on the
basis of conditionality imposed by the Second Proviso to Section
13 of the NLSI Act requiring that the Executive Council seek the
concurrence of the Academic Council before making amending
or repealing any regulations regarding the mode of enrolment or
admission of students As is clear from a plain reading of the said
provision the requirement for prior concurrence arises when the
Executive Council exercises its power to make regulations
50 In the present case there are no extant regulations in place
regarding or in respect of admissions into NLSIU
51 It is well-settled as per the law laid down by this Honble Court in
PTC India vs Central Electricity Regulation Commission (2010) 4
SCC 603 that the executive or administrative power vested in a
body under statute can be exercised independently of and
without recourse to subordinate legislative power vested in it
under the same statute In the present case the Executive
Council has exercised its executive or administrative power
which is not conditioned in any manner
52 The other contention sought to be urged in this regard that the
Vice-Chancellors decisions to hold NlAT 2020 do not fall within
the scope of are not authorized by the aforesaid decision of the
Executive Council dated 1218092020is also misconceived In
the first instance the said contention is wholly false for reasons
stated in the Counter-Affidavit of the Respondent No2 (the Vice-
Chancellor of the Respondent NO1-University) and the same is
fully reiterated herein In any event the said contention is also
untenable in law in view of Regulation 12 (re the Executive
Councils powers of delegation to the Vice-Chancellor)
Regulation 18(2) (re the Vice-Chancellors powers co-extensive
to the Executive Council) and Regulation 18(5) (re the
emergency powers of the Vice-Chancellor)
Re NLSIUs Power and Right to Conduct an Alternative Admissions Test to CLA T 2020 is not Constrained bv Orders of the Honble Courts
2~ 53 NLSIU adopted CLAT for purposes of admissions on a voluntary
basis
54 It is denied that there are any judicial directions to the NLUs to
hold CLA T In fact the Rajasthan High Court in respect of a
prayer for directions to NLU Delhi to admit students through
CLAT refused to do so in the case of Law Prep Tutorials Pvt
Ltd v Union of India DB Civil WP(PIL) No 754 of 2017 by
holding as follows
So far joining or not of a particular University in the Common Law Admission Test is concerned as at present we are unable to find any specific legal requirement where for any particular University may be directed to join the Common Law Admission Test by the Court Further the issues as to how the admission process and the examination process is to be conducted are required to be left for the decision and execution by the organising University Therefore as regards prayers Nos 4 and 5 we are not persuaded to entertain this petition
[Emphasis supplied]
55 The convenor of CLAT at that time viz Gujarat National Law
University was a party to the above case Therefore the
Consortium now cannot contend that CLAT is a mandatory
requirement for NLUs which contention is squarely contrary to
the aforesaid finding
56 In fact the Petitioners themselves do not rely upon any directions
of the Honble Courts in relation to establishment of CLAT or
adoption of the same The reference made to the Preamble of the
Consortiums Memorandum of Association in this behalf is
misconceived The language therein clearly depicts that this
Honble Court directed the Ministry of Human Resource
Development to convene a meeting amongst NLUs and the NLUs
then proceeded to consider the matter and resolved voluntarily
to conduct the CLAT exam The relevant recitals in this regard
as extracted below
AND WHEREAS on the direction issued by the Honble Supreme Court in Varun Bhagat v Union of India [WP NO68 of 2006 decided on 23112007] and due deliberations made by the University Grants Commission Ministry of Human Resource Development Government of India and the Council with the first seven NLUs the idea to conduct a combined test for all the thenshyexisting NLUs was conceptualized
AND WHEREAS seven existing NLUs in the year 2008 signed the Memorandum of Understanding dated November 23 2007 [the MoU] to hold a combined admission test to be organised by an NLU on rotation basis in the order of seniority
57 There are no Orders whatsoever in any of the proceedings
before this Honble Court requiring that CLAT be implemented It
is reiterated that the Petitioners themselves have neither referred
to nor produced any such Orders
58 The fact that the decision to stop implementation of the exam by
each participant-NLU on a rotational basis the establishment of
the permanent consortium and the inclusion of new universities
did not require any approval from this Honble Court also belies
the contention that the requirement to conduct CLAT arises from
Orders of this Honble Court
59 Further the fact that directions for modification of the process are
sought in Shamnad Basheers case have been entertained
without requiring the Petitioner therein to file a Review Petition
also establishes the said fact
Re Bye-Laws of Consortium
60 The contention that NLSIU is bound to admit students only
through CLAT in terms of the Bye-Laws of the Consortium and
specifically Bye-Law 1533 is entirely baseless for the following
reasons
c The Bye-Laws are a subordinate charter document binding
on the members The same cannot detract from or inhibit
the plenary statutory power conferred on the Executive
Council by the NLSI Act
d In any event Bye-Law 1533 relied upon by the
Petitioners does not have the effect as claimed by them
The said Bye-Law merely requires members in order to
eligible for membership to the society to adopt CLAT as a
mode of admission When read keeping in mind its object
and purpose the said Bye-Law cannot be construed to
require any member of the Consortium to admit students
only through CLAT even if the CLAT is not held ie the
Bye-Laws can never require a member to not admit
students at aiL
e In fact the Consortium itself has not understood or
implemented the Bye-Laws in this manner as is apparent
from the fact that all the NLUs are admitting students into
various programmes carried out by them (other than BA
LLB and LLM programmes) throughout without reference
to CLAT Therefore it is clear that all admissions to the
3National Law Universities are not on the basis of the CLAT
exam Therefore the contention that Clause 1533 of the
Bye-Laws compulsorily requires admissions to be based on
the CLAT is untenable and without basis
f Even assuming without admitting that the Bye-Laws have
the contended effect the same can only be actionable at
the instance of the society or any other members
Re NLAT Process
61 NLSIU as demonstrated above has the right to conduct its own
admission process in terms of its own statute In exercising this
right NLSIU has taken immense efforts and steps to ensure that
the test is lawful and also fair and reasonable
62 In the first instance the NLAT 2020 meets the triple test ie it
must be fair transparent and non-exploitative The NLAT 2020 is
fair insofar as it ensures an examination process that is
intellectually rigorous and meets the standards of integrity in order
to suitably judge the merit of ali candidates The selection of
candidates is based solely on their scores in the entrance exam
It has also been designed and implemented in a transparent
3) manner The examination is transparent as details thereof as
also the reasons therefore have been set out in detail through the
impugned notification NLAT 2020 is also implemented in a non-
exploitative manner by limiting the application fee for the test to
just RS150- for general candidates and Rs125- for SC and ST
candidates in order to ensure that students are not put to financial
burden due to the NLAT Further since the exam is an online
home-based examination students do not need to physically go
to an additional test centre
63 Apart from the same the authorities have also taken various
measures to ensure (a) accessibility and (b) prevent malpractices
These include
g NLSIU significantly relaxed the technological requirements
for candidates allowing them to take the examination with
minimal internet speeds and using a wide variety of
devices including Android smart phones and tablets
NLSIU also made available as many as 33 physical test
centres across the country in order to provide access to
students lacking the necessary infrastructure to appear for
~3 NLAT 2020 from home NLSIU further ensured that
necessary health and safety protocols were rigorously
adhered to at the said physical centres
h With a view to prevent malpractices NLAT 2020 is making
use of a combination of AI-based and human proctoring
Additionally the test structure has been designed in a
manner that minimises the possibility of candidate
malpractices This includes candidates not being able to
revisit a question that they have already viewed and moved
past and the randomisation of the sequence in which
questions are displayed to candidates Furthermore the
questions for the NLA T 2020 have been drafted in a
manner that requires interpretative answers which
minimises the utility of referring to the internet or other
sources for answers Since the examination is an online
examination all relevant data (including webcam recording
sound recording keystroke information data relevant for
facial detection window switches etcetera)necessary to
detect malpractices are stored and available with NLSIU
The said data will be critically reviewed and analysed prior
to completion of the admissions process Therefore even if
any malpractice has occurred the same will not and
cannot result in a student gaining admission to NLSIU
through unfair means The Proctoring Protocol established
by NLSIU to effectively detect candidate malpractice is
annexed herewith as ANNEXURE-R-117 (Page NO
64 Pursuant to the aforesaid efforts made by NLSIU to ensure
admissions to its programmes and avoid a Zero Year and
pursuant to the Orders of this Honble Court permitting NLSIU on
11092020 to conduct NLA T 2020 a total of 23225 UG
candidates and 2846 PG candidates appeared for the
examination on 120920200f this number a total of 122 PWD
candidates appeared for NLAT 2020 True Copy of the press
release issued by NLSIU on 12092020 depicting the said facts is
annexed herewith as ANNEXURE-R-118 (Page NOD4-)
65 In order to address any concerns that may arise amongst
candidates who have taken the exam NLSIU has also
established a three-stage comprehensive redressal mechanism
comprised of
i Technical Review Committee This Committee is
constituted to consider queries raised by candidates
regarding any technical difficulties in the NLAT 2020which
could be raised online within the web portal itself The
Technical Review Committee consists of Dr Sony
Pellissery Dr Kaushik Babu and Ms Apoorva Gupta
j Objections Committee This Committee is set up to
consider objections submitted by candidates in response to
the Answer Key for NLAT 2020 The Universitys
Objections Committee comprises Prof (Dr) Sarasu Esther
Thomas Prof (Dr) Mrinal Satish Prof (Dr) Arul Mani and
Assistant Prof (Dr) Bipin Sony The Objections Committee
will release the Final Answer Key on 14th September 2020
k Grievance Committee This Committee is constituted to
address any grievance raised by candidates who appeared
for NLAT 2020 following the announcement of results It
comprises Honble Justice Nag Mohan Oas Prof Babu
Mathew and Prof (Dr) Sarasu Esther Thomas
66 A small number of candidates made submissions to the Technical
Review Committee that they had faced technical difficulties during
the exam In order to eliminate any apprehensions of these
candidates that technical issues would affect their outcome
NLSIU has offered them an additional slot on 14092020 to take
the examination subject to stringent conditions to ensure integrity
of the examination All measures to avoid malpractice are
implemented in respect of this additional slot as well
67 The fate of these students is now entirely dependent on the
admissions processes being completed as per the aforesaid
schedule and commencement of the academic year on
18092020 Unless the same is done NLSIU will be constrained
to declare a Zero Year Consequently not only will 120 students
lose the opportunity to join their studies at NLSIU (or at the very
least lose one year in order to apply again next year) but the
same will also impact admissions in all other NLUs since - as the
first preference law school for most - the Zero Year at NLSIU will
have a cascading effect on all admissions to all NLUs
68 Hence there is no legal or equitable bar to conducting the NLAT
2020
69 It is submitted in this context that NLSIUs inability to complete
admissions will irretrievably damage the University and result in
significant impact on not only its finances but also the public
perception of the university Moreover the same will have a
cascading effect on the effectiveness of NLSIUs academic
programme and result in loss of an entire batch of graduating
lawyers in five years time All of these adverse consequences
will impact NLSIUs standing in the legal education sector
70 Hence it would be in the interests of justice and equity that
NLSIU be permitted to release the examination results of NLAT
2020 and complete its admissions so as to commence the
academic programme in a timely manner and as per its revised
academic calendar
It is therefore submitted that the present Writ Petition may be
dismissed with exemplary costs
I
DEfi~tifiNtTi~ VERIFICATION
p~) 8atl N-lti 20t 14301 Verified at Bengaluru on this 14- th day of September 202~th~fthe
contents of above counter affidavit are true and correct to my knowledge
and belief based on records maintained by Respondent No1 in the usual
course and nothing material has been concealed therein
Icti )n Tacn 6 AN-e)(~~ ampcent
Th Council noted the QrcDos~l to hmiddotve thE Fmiddotc-jernic ltct ivi ties frorrshy th comincly~r
1 Heiular coursplusmns it ttc undergr~dll2~tc n( post qrdu~te lC-vels l~dinc to decrrccdiplom2
followinq Ph0 )~clt-nif_rh-~-ti~-~s
b- i rc the an~~ vlhr11 (-
~1 tTl- shy
2 ~ fz-fr0-lhr C011rs-s
)~~ c s clt) rtC 1 -fJd lt0
~ p~~middotsmiddotmiddotr(J lcejccts on diilt~~-cnt it~JCS ~)y C)trncit3J instituLiorL~ (He Jtshy -----qf)C--l s
1 Duhlic2tian Df 10q~1 tExt c~s ]2 i13 ~ L~) _(~ETlal
b()o~s 2nd m~t~ri8J3 jshy
C
1( y(t teshy be tltmiddotlul1 ((1 by tt1~
bz-~ ~Ub1i-dt-t--ct 1 t tLc r)-iC~tivc
(1 s Coune 11
h 1-~ Et rroicsosl of the c(c~dfmj c Counci 1 to 3-21vt the --Ict~)r cf tLc stud~nts dor thrcuclh 2n 11 i adndssi-J t ~t -0-1 if~t rimiddot-t -5 argt~coVid~ Ill to ~dmi--si~n T ft lt~~ t~middot s-J fctiun my t d-cidcmiddotd by t1)c 7c~thrric C8UTci -gt - i -~ltiltc by th~middot Igtir cto[ ~ Hgtw0V(r~( th ExecutivL CcrtJncil
~ j -rgtJ~--il th- nc~)Dnlrdftlon of th c-c3~~m CcunciJ to p Qneuro ~Y ~~co~~ clss tr3in f~r2 to the 5tcdents call~d for the i n ~~ tv i i ~
l~cti~l hdll be th~1 (~cC is j n Cunci]
takn (s p~c
tbr SXG (u t i v~middot
ttlC cxpcrts ob j ect i JC
thmiddot- CCCfU st l-cfessor i3axi
(cr tJ~=- tTFltty of filisino tJ1(~ 1i_st W$ l~~ft to thc rc-r~--it lt ---~()un~il -gtn~ tr2lt ~j r-ctcr~ rb SouDcil not0d tb~--- f03-mt of 1lrpissicp gt1 pcovidoc t~B~H~~~istre And Cf) Dvrivlt~di of E~~- s tinl-t) lJnivccsity middot13 trc in~t~nCl of Professor L- 8lt=1)()
(J)
p~-nncnt 8cmiddot~ordinqJ y (f ~~ 2 f ano ~ 1 ~--t ~ ~_
F)utr0riS2d t(0 DIJTctoy to gtJrit( ~--~n~irjJ tb~-
or cr-j r cGrtrjb~tt on 0r cxpcnslts invGI vLd in ocqgtnisinq c~h t0St tnd intevicTl
nmiddot tc)u11cil porovmiddotd d t middotlllotmDt of 0D ~n~ount not )(_lt0inc rl~ 1~O)CltgtOO Ih Council tllI~U-_~ d~-ci t~t th~~
2~11i[~lon to th~ Is y~r LLS C2S~ b2 limited to 80 slu~~nts - n 4J[ Ll ~~7 ~J~~r thmiddot (-r3Fis~ion b ] imid tc l(i stud1tSb The -p- 1ic3tj()r f~( for ~drission test ~nd intrvi---d r0Y b~ fixed -1 12-~OO for LL~ ~~I thoc-n it Ty bE- CJhlCSC La fs SO- ir t1~middot c~s~ ~f sc~~ C~n~i~~t~s~
It middotr- -~ r_-j Limiddotj middott b i r~q rS iqc~t i~l jni 1 s i tyf the lt )O~ v11J --v~ c__ ~rrnc ~ ccc~r---oqti(jn f)r th~ cut st~li()n Bt(1(J1~
~ 1 c_ a [0- Adrnissiona The Executive Council wAntc~ tn2 ist~r
tmiddotmiddot c-)n Lor tyenit~ tYk (Jv-~nrrnt 5 (11 cS th~ oth~r ~hlcmiddot~ti()n21
In3tit~ut]~)j)S in tl-k City itcludino thmiddot Universit1 laquobout tts ivlil ~bility otmiddot tl hos~(] gtcccTirDodtlon for th~ - [cw Schrol students ( 6( i-1D1 2n ~tllmiddotlp ) hrJ~rQpri~dE propos2- in is r~q--gtld ITfIyor
b put Ul di t1i tr-middot ] of t~-~ lCrld-~lic Council in the next rnz-~~~tinG T)- ~chc)CJl CBTl _~ls() cODsicfr tIl tt=rn of Ii pqrcv~-d h-usinq eS 2xisting in Sngli linivrsiti~s till sue] tirJ th c~cl)()l c-~n sst --rp ios O1r1 hostels
ubI ICilt ion
~l~~ ~~z-cutiv_ Courcil appr0ci-3ts-c the 2sturc of th~ 30r C0uncil of 1rri1 TrusL- to 9ubJish th2 prE~-lCiv bO)KS under the joint Fu$~)ic~~s of th~ =crvol qrO tbe lrust It v2nted the Irust t) cOYsicic- 1-h7 fCC~13ibilily of publishing I~DI IllR REVLSl also jointly witmiddot~ th~ L2W Sc~~al
E1f-rts 2)-~ bCin-l rrd(- t) SCCllC_
priv~t buil-linqs fi l~t)_ f~r
bing use as h~st Is A s2p~ratE nt8 has teen this b2fn~2 th2 bx~cutive Craquouncil
icti)n ltJi11 b( taken cfte th Fecultl middot3SSlUnes chlttrgc~
~
HHIONA1 11 SCEOOL OF INDIA AMJ(URpound ~21BfJWALORE
MLlutes of the Moeting of the AOpoundlcenio Councjl of the N ional 1(lI[ School of India held at tho office of the Bar Counoil of Ina New Delhi on 12th Doccnoor 1987 at 10-00 Mil
Tho folloWL-1g nenbero were pres SJnt --
1 Shri VC iVIishra 2 Dr S K Bhatnag~ 3 Dr NR Madhvt Monon
Dr K PonnUSWQl1Y1 Deln Faculty of Lnw Delhi 1Jnivors ity
ltt eo the CGGt ing1S S pee Invitee
Dr H R )~8i1hlt)va Menon presideo over tbo iYg
Dr Menon welCOfled the DeDbers of the newly c A l1stituted
Ac e71ic Council aYlO acqunint13d then with tne a~cisiorls Jf
tLe carlier neGtings of the Acadenic Council prior to tbe
estclblisroent of tl1e Sohool under the Act After cotliled
d1souslJions on th baeis cmiddotf the Agenda notes ciroulted e8rliel
the following decisions were t1ldeshy
1 COurses of Stuoy ~~ ~ -shy ~~-------shy
1ts ionnl
COUlSOS of Study lellc1ing tl the following degrcesshy
(lJ) 1m integrnted 5-ycar LLB (Hons) L11 viev of fC1 t118t q gret dell of Soc111 Snce knowlerge vrill be inrrtcd curing tbe 5-yrhr c)trrI3C 1118 Acad eni c CDUYl oil rcc~-)nentied tl1 -ct ~ conpos)(d~-shydegree of BA (me LLB H0ns be cQrferr(l t) the students joiniLg the Nqtimll Lw Solle)l of Inilin
(b) An LLM oogrGe which shall 0xt0tc1 -( )~)C yerr (3- lrincstns)
(c) Ln M Phil (1grae of Que yecr (3~dn0sters) durfti--n c~nstitllting of t8ohing ~nd resc8rcll
(a) 1m LLD progr12ne b(]sed n writtlt5n tlesls fterrJ Phil
Bes os the above cGgroG courseo tho AcCdedc Oouncil
reco---ampnds thmiddott 11 series )f CcntiYLuing Eauc~~i n POt1lS(S Cln
sl)rt aurticl be offerGi by the Nti0n1 Lw Scbmiddot]ofIneia
to levr tGcac~8rs ju(~iot1 Dffioers t aoninistr f)X3 Pltr~
contd 2
2
II BA LLB (Hems) Progr(lme-- -~- -shy
rhe j~cBdcGic COUTIcil rocsrinonos th~t TIl t
ysr only 50 students bo 1(lTdtted t~ the LL3
Irhey r1ny be 8818 ctea ~
purely cn cerit on the b2sis ~f n ~( 8f~ i0n test cncucted at fQur difforent TO (1uring My- 1988 Tho nininlJr eligibility liDS iJn t) S be fbcd t 50 Trks lL 10 + 2 Sc1~oDl 8X2nintiC I tho Pre-University Progrrne progrlrro be trol1ted cs equivlent t 10 + 2 S ooo oxampt Those students Whfi 1rcd f8r the quelify ing exmin 1t Len in 1982 bo leo lloweo to t ke the MirisGim 01 Cl provision~l b~siB ~d they n~v be 018 ii while preprL1 g the rmiddotjerit List provmiddot1Ced middot~V8 psseC t~ie Sqid eX811in~ti8n with 50u t11rkS 6 llC1ts8icn Test be h~seil on en objeotivo typo fluesmiddotlims 1116
fthe tost n~v be fox Hurtirrn of 0 ~~Xmiddot thrn 2 hours middotr11G test crln tnclu~() [ini rw~ bel of qUGstiCTls 7~middotlicb rO(lutres viritten 2J1GlJDrE t J(lniss i)ll t8 the L~~Vl SchoCl bb bnsc(l ~n1y on t~) b +li) ~)f tl-c yritton Aanissian Test
15 of the sets be roserVGc1 pound1 1 (0 ~1 ClfJtcs 1nd 7i- Schedulefl Tribes eVC1 for tl16 reserved Seqt8~ tLe reU1LUd i1nrks ot thc qll)lifying exmination ~Gd upor
er to be eligible for t1-u c2naid-te lilvC sccured 50 DtrkS 3 i11 tes t
tlpplic-blc ven f0r rODDYV 3 s ~ -ts ~
T~~e JC1nis3ion Test 1~Y be 11811 I6gj 8TIf1
8118 it is rec)~rQcc16C b- lccld
I nr nn~ TIn AP n ~ ~t Bng8 t lJYL~J r JL ~)
~ m I n er t 0 olt-nlse AlmiddotZllS810n icsmiddotun pror)-lo tl~e qUGsti8n pSpors frtrlurto tho Gr~~~G ren(1 f inJ1ise
sien List an i~dnission C 0 C)US1OGshyr the Director 0n trec tS8Cgt 1f tlt L_w be C0Dstitutcc by t-~G ecmiddott~)r
ccn1 td __ ~ 3
It is proposed thlt the last dte for reoeipt of lpplic8tions be fixed for 2nd My 1988 1-8 Ldnission Test noy be orgcmised on 29th May 1988 ndtho Selection List Jllnounced by 15th June 1988 Phe dDissim Day be 0)[1p1eted by 25th June [ltnO the cllsses be oODnenoed fron 1st July 1988
A suitable snount IJjly be fixed for the ppliotion forn 2nd the Adnis sion Test Fee
(b) AOlldenic Terns
Ecb Acadenio year be divided into 3 1Ogt1(Iio terns e 2Cb with a uininun of 70 working days -fis 8cadenic tern be called a Triuester Thus the 5-y8fr BA LLB (Hons) Pr ogrmne will hve 15 TrilGsters It is suggested thAt the J~caoenic year nay bgin frclTl 1st July and the caderlic ter12S uay aoopt tho folloWLl1r Patternshy
i) FIRST TRIMESTER - July 1st to Septemiddotbor 30 ii) SECOND TRIMESTER --- October 15 to JAllury15
iii) THIRD TRIMESTER _Jnuary 30 to April 30 (c) Oourses and their distribution
Eaoh Trinester nay carry not nore thM 4 courses with a totp~ of 12 credits distributed Ro00tdine to the inpOrtance and coverlge of the courses Jhe subjects courses fer study for the 15 Trinesters be 2S follows
~_~T TRIME3J1ER (FIRST YEAR)
11 Leg~l Professicn in Indian Society 3 or 12 Legal Method and M~terialS 2 cr 13 Law 8l1d Politicl Orgqnization 3 cr 14 LaW and MJrket Econoy 4 cr
SECOND TRIMESTER ---~----~--~-~ 25 Law in Historicl1 Developnent 3 cr 26 Responsibility for Injurious Conduct 3 cr 27 Lqw end Socil Orgemizotion 3 cr 28 Law c~d Agricultural Deve10pnent 3 cr
THIRD THIMESTER ---~---~--
31 L2W 8nd Intcrl2tion1 Relations 3 or 32 Law ~inorities mil Vc8ker scctiolS of
Society 3 cr 33 Civil amp Crininal Procedure-I (Oourt Systen) 4 cr 34 Eldctive Clinical ProgramplJJe 2 cr
C~)l ~d 4
--bullbull
4
9P~1 )2E1llEsect lER ( (13~f~~X~lE__ ~~l~~E~)_ 4 1 Hunn Rights Soci31 Jus-nice nno LSVi 4amp 2 Low 2nd S oci_~ Oontrol - CriLle and
PUllisl1DDnt 43 Civil41d Crininal ProceDure II 44Elective Clinicl Prog1flne
rUTH THIMw~ER----shy --~-- ~--~
51 Cririnal Lw~ Clini1Dlogy amp SDcb DLmse 52 LV nri 1~_ 1lJLy TI81st i0nJ3 1 53 Lqw Plnn jng 8 Ec~rnDnic DevelJcent 54 Contractu1 Rel(]tiirs an(1 RoneHes
(Spec ifjc Reliefs)
SIXTH rR IMES TER -~-----
6 1 N~n--Cririnq_l InjuriDus C~-nnuct ~ni of Torts
62 L8W (lud PYlily Reltims II 63 Law rmd Il1lustril Dcvelopnent 64 IUective Clinic Progr~nne
SEVENTN lE Ir1ES lER -~ ----~- -lt~~ -~-~--
71 L-w nnn Urb~1i1 Devel-prtEHrt 72 Politic Proc()ss il1il Cm$titutiDn~l
Devclopnent 73 Cns tit ut ionCll L_I 74 ~id8nco LAW
EICin TIi IRSScIER-~- ~----~ pl C0 np-YlY Lgw nnc1 Lrw 0f CO-ClpGrDtivos 8~2 PO0Tty LlW 83 Constituti~)nl 18W amp Litig1tiorl 84 Elective Clinic~l Pr~grgtire
r I~tTLtR]l~~ER 91 LwJ c)f Ins ur n es 92 TAx0tjDll L1w ~nd Public fiJ1rrnC C 93 In -1 Grn ~~t j n1 oer 80 e Law 94 Elective Clinic~l ProgrBLr1B
TENTH TRDillSrER (FourtL yer betdnilL ------~ - ----gt-- -~ 101 Leg~l Theory 102 Lmiddotbour LtJw 103 Mrinistr~tive Lw 104 ElectiVEl Olinicgt 1 Progrlrll1e
4 cr
3 eT ~ 3 eI 2 1
3 er 3 cr 3 cr
3 cr
3 cr
3 er gt1 cr 2 or
3 cr
CT 4 cr 3middot ex If
0 ~~
3 cr 1 Cr
c ) cr
3 cr Ac cr ~ cr 2
cr
4 cr 3 CT
cr 2 cr~
CUEto ~5
5 cr11~1 h -z cr~11~ Int~llectumiddotl
J13 lril1nl-I )1 Int rr ~ t t i1
4 CT 2 cr
l2 1 In t BI i l~ 3 cc
3 cr 12 ~3 L[JVI -nd Public C 3 cr 12( Electiyes 2 cr
13 1 Ct)r-JP1TQtivo LnN 2 eX 132 Itltlw PQverty rtlG S )c if~l Ch~ngc 3 cr~ 13 3 Lrm0 R0fcrn Liws nn0 liurnl DVG l~Yp iJrli 4 cr 134 Sctdnlir-Eloetives (to be lnnDUl1C()[1) 3 cr
~fJj1t~~~]~~ li l Public Intlt~rntrtiL~nnl Itlw-Int2TxL1L jA J
OrGn or~
112 ctiVi (jlurse 3 cr bull bull3 i1tjtiltn -f (lus ~iCi3-jt~te amp UyltLon 3 cr
l~~ ))rin -CiVeG (to he r1poundJrtiunc j 3 cr
cr bull 15~2 ~))cil bGUTity ~1rj t1~c Lq7JD cr 15~3 1rlrinstrdt)l~ II Jurrcice C ~Lre -]
til) I1IX Ili r1l ~i0 3 cr ~154 ~orlin~3 - c)iv(1S (t~) h( 11 3 cr
( middotb)V~ Bistx ibutin1 subjectB 18 t ~ii ~ middot~jYD +
Dllril1B tIl ~~r c-f cursc =-) dujc-cr be rG~rn RubstitOt0d ~r rCViL~ 1 ~lmiddot(i--middotr tD c~plctGly profJ8si~rt11 rvo i-l1 ~ Tl~l
LGndIt 10Vi utoD pnJ3S QU ~ iC)1
I 6
rhe DsdiuD 0f instruction 8l1d exaniY13tion in the lrl8h81 Law SchoDl sll111 be English ctlecst unt i1 C nctjonl lmglryeis ad opted for Rdiinistration of justice in t Scrprcne Collrt
(e) Ellpound~~tljty fDr cL~sectE~G fJ10 0x8r1tnatiDl1 sydoI1
In order tl be eligible for the dcnpostiiicc[CCC of RI LL8 (Hons) C~ch student win h~ve to t~kC C(lllXses fsX lt1 grrmd tot ~1 of 180 erea its in ) ye etXa bull
The norn)l p~ttGrn cd GX1ninntion will be ~ 1xittJTl test t the end of onc11 Trinester However in middot)middotmiddotl)ollri)le cases Intern(~di8Ge exnrJlltltion nne continuii1~ eV11utiCTl cy be ptilS cribed in different CSllrses
The exaninntion process will be entirely int Inl to bo dono by the totchors giving tho CGurSGs If sttvlcntc_
is dis-s1tisfied with the grfl(10 warded tw l bo ~11ow0fi to withdraw it in writing within 10 dWS thC11uounce-shyDG1Yt of the rosult He c~m inproVG it in t~c noxt cxninl~ tiorl ccorcing to tho rules prescriber] thcnt))
There shnll not be ~v eX8nin[til foe colloctomiddot- fr0- the stuc10xrts DClr there will be nn exaTiinaticm rcbuJJcrItirm given to the telchors
111oro shall bo an Exninutin C8Ul1ttee C0UEtjI1td by the Dircctlr for Bch ye~r with not loss th-n f t~r1ors of the NL3 by rot1tion Every tC 0 chol wj n JvLk tmiddot thG EXfninrjti~n COllJ1ittGO rt the bC[innil1g )1 Gcgt tr 1 nesteX tho Dutlme of the course ho is t0901-inr Tl1if1middot() plrm 110 j8
9~uimiddot ~1~ ev~I~t nn smiddot~avmiddot tJ c oLlrn
outline as well 18 thli 8vlurti)n scteDc will JI) )110 Rv8t18ble t) tl1C students st the bcgLl1nlng ~f t Prif1GstoT itsulf Cor1plnints regllIdingthe eV(ll11n-Gion [111 he sont ~() the EXfC11mntion CO[]littoG wllich will n~ko JuH~l() rliCClr1iJOnBtions on it withjn 1 fntnjght to t~) J)jrcctJr whose d(~cis ion there)n shql1 be finJl~ The )iX(ctD1 lOW()VOl-
wtl1 roport to the AC1dcrJjc Council Meottnc rcorrJ qf flU(h conp1nintg qno tict icn -Clken t~GreDn
~~ t 4n a Lvfl~r -1 U(ltVA-lJ Aiv uu OJ v p~rf~rr1 bull 1 Jl ~ middot1 I t ~ti
The evall1at bn systcn in tho N1S senll bet nm(h gTrc10S
in a Seven-point scole which will be IS f0110W~~-~
bull bullbull bull bullbull bull bullbull bull bull bull
(4~(ii
( iii) (iV~(v
(vi) (vii)
(f)
( )
7
outstanding (0) 70 und ~OVG A + bull bullbull bull bullbull 65 to 7 I A bull bullbull bull bullbull 60 to 65 B+ bull bullbull bullbullbull 55 to 60 B bull bullbull bull bullbull 50 to 55 C+ 40 to 50 c Below 4(~
~
In order to be declered successful in my course a student will h~ve to secure ~ny of the-ffr~t fiveshygrades Above given Those who re p1r-ced in C+ no C c1tegories will be accued to h1ve if-liled in eu oourses
Pronotion Rules
ProDotion iron 1st Tirlester to second Iriafster rome fra 2nd Trinester to third Trirlester will bG utotio irrespective of the rsults in the vnriou8 lxnoml1tion However pror1otions to the Fourth Tritlester 81111 be only to those who h~ve suooessfully aloorod rctlelst ten out of the 12 Cl)urses in the earlier three Trirlesters If a student has fdled in three or nore courses in the first three Trinesters tAken together he slnll be aaimed to have disqualified tQcontinue lS q stunent of the NIB In t1e case of those who cleared ten courltes out of the twelve they lJlY ltlpear in the renaining two oourses AS
Ex-students while continuing as ~ regu13r student in the seoond yeer
Sirilarly student DBY be autooatiolly proDoted frcrl the fourth to the 5th mn 5th to 6th doritlg tho second yenr His proDotion to the third year 1 e to tH 7th Trinester shlttll be only if hl sucoessfully olellrs a llinLlUn of 20 COlrses
The sane Patterns will be followed for pronotion fron the second year to the third year lnd fro tlirCi ye-r to the fourth year ffilO iron fourth yOll to the fifth year
N~ stUdent will be 1l11owed to avoid tlking ~nY eXlrdnashytlon on the conpletion of the courses excepting for reascnable cause for which prior perniss ion Dhou1d be secured fron the Dire~t or Further no S Gu(cmt will be eligible to take qn exanintion in 11 iltivcn course un1ess be has to th0 SAtisfaction of the teolnr cmcerned fulfilled the courSe reouirenents mrl hns sGcureo not less th pn 70 8ttend 9nce in the class in Sid CD tJrs e bull
cnntlt1 bullbullbull + 8
8
(g) TaOh 1~n~g Meh~il~ v ~s
The Nationnl Lqw Schecl VDS onplQyod vricrl tu~ch Dt3thods in ord er to pronoteIlLllt 1-4 iq oipltn~rT Cl1nll
~n1-nT qCt JDpreClalJ10n+ Jf 1ens0 B~s- ir~est lea1 prOD let~re~~ t1e ~cnool stall Grlplny SeninnLS tuitC)r ClmLCampL experlences Field work resealo1 (tTld Leg8lwriting Ill Ilppropri~te C~Urs0s cQopltlQt tve te~tctLY)g between teaohers 81 oliI erent S Db ~-C 8tS tr) be enployea to [11xinisG of the learning POt l-tj~_l tf) st udent
Clinic31 LeR_ql Eno(tt1011 r1~Rt f~rn ( Tl3ltgt rr- T~r 8pound p 8ssiual leglt1 eCuc9tin 8t t1G 1-~i2T ~l La SC1ClCl ACBdonic C~)uncil Te G nicnl O1 UC l shy
ti011 the first Cif the LLB 8 DL1e C0c credit nay given to fh2 t]J-tlng S un ts LYl clini courses
(h) Fee Structure
The tuittOXl fe8 fDr the LIB pTDgrrne co yelr nlY be iixeo Rs 1500- which ~oY be cCillsetccl tn 3 equ 21 inst Cllnents 8t the begilli1 ing riccstcr If foe is nct oepositBr1 within a week beg-inn elf the Trirl0Jster it l1qy collector 1qtemiddot fee RG 1- pcr (1 1] till tbe enfl ltIf 20 warkin c ~ys bull () Wgt8 ftleo to P~y iEHS vrjthin the prescri1o~ p2rio rl llte fco tffh)jr TI0T108 11f1Y be struck off f~~lt)~ t118 r~)118 They c nn be X-rv)nittc(1 on J)1ynlnt of rc- jSG ion ~ e Df Rs~ 100- an(l -l lt f1CtOTy r)pD1i ~)f ~TO$reSS ir~D H1Y teRche1 of tlte F~culty
t~J first tel p c SL1r ~~Tlcr Sl- jVLtiES
In 8rcler- to fttr~ct Deitorious stufients frD~1 te s ~ciJ-c~)nonic strJtl nf sc iety it is ~bs )lutlt)lr l1dC8SSry- for the NLS tn ioe AS ol-rships TIC sttpenos coS jJossible It ill bc to 1e 50 of the stu(Jents bS(y enjoy such S Every effort s])uld be e to seclJre S1JO~ OCOll~)Dic
L1dUC~rlents fJl prorlnting sctQ12Iship t tIle 18ss plivilegeo sections of SOci0ty
The 118 stuoents niW be provider Solmiddotn ip8 of the vlue of bull 500- q nonth 10 bull The S cho10lships rlry be lwcorfi ef m the bls report
~ 9
pound Sc~olr81ip CD~~I1ittee t be c~nstitutoz~ the DirGct81 with r~nbi3rs~ip tl1re~3 or )rt tmiddot -chers NIJ~ TttG SchclsrDhip Co~ittGe 11 pound2-8 i-ts cvn rules r-ne procedur0s wticl I11Y bG ~prJv~r1 y tl)8 Direct 01 ~he awnrd be given b~s ic11y on tcnderic ileIit)f c1Ylcliote H~vevert ec)noYic s-tus anc the s~lcil bickgrund of trL8 c~ndid3tes f~ ~-) be thore lnt cJns iCaTIt iens
Besides Sc)-lrsbips in deserving C1SeS eX(mpti0n fron Paycent of tllitinn fee lay Iso be grn-teooll tHl rsshycl~lt)end~tions of the Scilolrship OOle1ittee
(j) StlJdents nosidcmco
Tho ACCtcl r3r1ic Council strongly lccor1nenos t tle Jfutimiddotnnl Law SchODl be kapt purely ~s P J(8idcnti~ll University vvherein 11 the students bo r-uJrec t) s t y LD tle Hnlls 8pound- res io ellce provia r fpploven by the University Of course for suuconts bo1onging to Bmg-lori-i City the University nv ()xonption 1IOT res once in the University HDst cJ1siflcref1 ne8oSSAry Ii the lJ fJtionl Lnw School is unble to prov-ide it3 own hostel f8cilities it1~0dimiddott Jly it ~8y npprove such t-cc)fr801ti0n in th0 city ~A~iic s isfies tho reqllirenltmts 8pound thll resiltiontiql ckrc~or of tle University for purposes of stuDcnts 1 reBi(~ence~
~h~l1gh tr~c ClCC0Cl00ation nayhavo to be subsidised by the Universitv tho bJQrrlLvu ChQrg0s will -V( t~ bo cntirely D-GC by tho stuDentmiddot- ~Jihe bQa~ing c1nrccs DY incluo8 the sal(l~y of ossentbl stgtff Dainilined in thG Hostol by tl UniverJity+
(k) IXOlmU Clf stu r1ents md te~chers ~-~------- -------shyTho ]ITti~nl Law 8011001 ny initirte steps to nrrmge for 2xchnnge stuc-ents liId tS p c1exs witll other reputed Lltfl Schools within I n (l i3 ftnd outs ice FClr purpDse if stu0Gnts ~re inviued t8 ~nother L~m Scl001 0n~ un(lort ~ko courses )cQ()rding tJ their regQl~Girns they nay be given due credit witr tho ourriculllJ1 prescribec nt the [rIB
l18sters vrt th three courses in olt~c TrtDesterbull
nay be selc cted by the ~dniss i011 CHl1it-tee
10
on t1t bosis Df their PDSt QC80enic ltJc8rd pnrticllrly
~t the LLB level The Adoissicn CGr--ritteo C8Y J~S0S8 their
l1ptituce for higher studies -nr r~se~rch in l~uf en1 tl-Je
suitQble reoolrJenc ions for their ~cT1ission C(1~ljssi0n
Gay bo done thr8ugr~ nmiddotn int crvievi bes ides ~BS08G~nt )n
d8cuttentary Dtteri8ls
subject ELrODS of crtst utimiddotnrl lZV1 crif1i-nl J~w irct-)rnltti)n~L
11l 8110 corDerci(11 Inw The tctu-11 subjocts rgtf tl~o CQLl1~3e
in ~ny of these subject ~rE38 DfY 0 decioc r1 nt ~c giCl1jTIe 0301 lGnT ty the Fcculty CiDCGrner1
The conpulsary c)urS8S f0r LLM shll ~S fo 11oyts
TC)oing Llothoos ond Curriculqr 0(veloprcnt
In0i8ll LeGal JhilQSDphy (n~ Conter~110r)TT J ~Jheory
(iii) Constilutinn Writ
(v)
Tile zistributi0Tl of the 12 cDUrSGS i1 TOG
TrJi03tcrs fer bullbullbull 1 fly be
rs fl1owsshy
11 Ee ~cl1ing IllethQ0s and Curiculur~ Dove l~l)middotont 4 cr 1 iI 2 In~ itn Leel ~Plilos ophy ~J1fi C~ntcnJor
I CY[hcory 13 Course OD subject sr09 - optian 4 cr
SECOl~D THIMESTER--------------_-~-~shy4 era21 Ecsecrch TlIetr6~ology ltmil Leg11 writing
22 Constitutionl Lw We HlUlDl Rights Jurispru(1 ence cr
2) Course nn subject oreq - option cr
THIRD TEIIV[ESTEn ~----------- t cr ~Lnw Society emf DevGlopncmt~
4 eX 1shySeT innr Y select tOPlC - opv1on Ii crCDurse on r~ SUbjlt3ct (1971 - optiQn
51 i 11 shy
The eXElDjnat ion p ttnn for LLM will 1leo be the
S8L1G nB suggest for LLB H)wever besides ilt8rnnl
eXlDi1()r for every COl1rse in LLM there sholl be TXl external
8x~lCliner as we il bull The questions however shell be s only
by the intermll eXEnL1er If the difference in vlurtiim
between the i1t ernat exariner auf the external Cx~in()r in fl given COUXS3 is less thtil 207~ then it vi11 be 000tl00 th8t the
aaes assignod by the intornnl exaniner shall bJ iTJ gra0e
tD be assignee to thD candioRte However if t rG is D oiffercnce
nore th2~ 20 between the intrnal md exti3rucJ ll1 given
c)urso it 8rlt-11 be referred to a third exrn1inc~r outsiclo tre
National Law School whose evlultim shl11 be Il~e score to be
assigned to the candidate on thHt subject
Tuition fee for tho LLM progrlrlrJc be fixo(l 01 TIs 1500shy
for tho full course at the b oginn ing elf Cqch Trinestor
nr M Phil Progra3o--------shy
rho M Phil progrrU18 is to bo for one you c)xiending
to 3 rrinGsters It ShBll be exclusively cons istlt)d of research
8110 tolching Every stunent Ilonitted tel the M Phil rrofr~rle
stHII have LLM clegree and will fulfill the te1cing rnc
r8SCQrcJl reguirODonts prosoribed by the FFculty tIle HIS
In order to be eligible for M Phil degree besiaes
c)nrlCt ing the teSlching 4nd research req uirenentJ during the
yoar eV8JI cnndidst0 Dust sUJnit the rlBsert~tion gt11 - t~)pic
~Dpr0ved by tle f8cu1tY Ihe desert~tion Sh~11 be 8tC]ine(1
by two extern8l CXfniYlers suggosted by the foculty n( nppr0ved
by the jcdenic Council The degroe shall be confarod to
such of those cllldidtlt3s who roceivo varible rerts on the
desert ot ion fron beth the eXAniners If there is c ifferenoe
of opinion oo1Clngst then it sb011 be referred to D 31d eX8iner
Ind thG oecisicm of the [Jajority 8h[11 be finnI
con-cl 12
12
For the 1 Phil prcgrne nJ tuitbn bo csllected
HClwever a SU of TIs 1000- be csllectof yvcry ftllint
DJlnittecl t~ the ]1 bull Pbil progrlne townr18 lJc1 ion nd ftilitios
thl School
v
in vvhich it CJY c8nfer )n LL(gtD (jegroc~ lhe 11) 1)
0xc1us ively on ttJ b(lsis of C written thee t J
whJ hel9 M Phil degree fron the National L8W Sccol
Every C8l1dieJatG registGrine f)1 the 1L]) PozrrIJ18 be
required to be Ll residence at the Nstioncl L2W Sc1icJOl fJr
qtlesst ono (lOaOoOic year durLlg vihicb they SIh 1 cng in
S l)ch tCaching nne reseerch t)S SSS ignc(l to tbG1J 11 J DirectDr
If tho Un i versi ty
five
iiifferJnt nrtogorics 8pound t02chcJS~
(c) cift[S )rs
(bi l)ss~ci-to Jrlf~sscrs
(c) Jissist-nt Ij~0fcsZLrs
(f) l(J junct Profess Irs
(0) Ron
All the qbove professors ssocilte pTC)Csorp nt1
Assistsnt prOiOS30rS sh11 be r8gu1lX teocDaXs nf 11 ficl001
oC1wing the revised scnles of py pT)scribCHl by t1 ~Jnjvcrsity
Grnts COiJr~jssiol1 Tho sC11c prascribef by the UC bull -Yl(1
lt1Plroveil by the clenic Cc)IJl1cil fC)r the v1riupound m it ions
810 tS jvon bolow~-
p~ y structurc (f dj~ffcrent ote~gnr ics Df t()ichG)~8 Nt Law S chol of In1l ~ fin ~VijrS ity
13
1 Prcfessors Rs 4500~150~5700-20077300 2 Associate Professors Rs 3700-125-4700-16Q-5300 3 ABott Professors Rs 2200-75-2800-400-4000
4 AssttProfessor(SrSoale)Rs 3000-100-3500-125-5000 5 Adjunct Professor Rs 1000 PM (conso lir~ted)
6 Hony Professor TADA for visits 8ocOr~tng to rules
Besides pay te1chcrs will be entitled to Dqrness allowmlce as prescribefl fron tine to tiw by the Cmtral Governnent me onnroven by the ~xecutive Council Further they arc entitled to Contributory Provi(lent Fund and Gr0tuity blnefits 9Jl 0(c1red noer tho rules If they lrC not proviied with nocol1Liodqtinn teqchers will orqw Hnuse Rent qllownoe 213 preScribe by the Central Govern1ent for E class Cities If acco=odation is proviCled by the School 10 of sillary will be deducted towBroS house rent
Out of the above scales the Selectinn COLl2ittee will hayti the freei 00 to reconnend enh8l1ced salary tn tlose cons idered
olrtstrmdingwho nrc selected for Ilppointnsnt to (t TIB
In the initi-l stages it is rscrnnendod lt (11
apPoixltlJents of tecchers in the ~IB includingthe reulr
teachers be on 0 cAntrBct bQsis for a period extendL~g upto
3 yeajls The iccdenic Council has npproved the tsr-s of
oJ1trwt cont incd in the nodel clntrct enclosed ith these
nL1utes as Appendix
To begin with the Acaocric Council )greos wimiddotth the
earlier deoisions to have five professors five oSfjocinte
Professo2s lnd three Assistcnt professors to be BPIointed
forthwith However these pOSitions n~y he filIon only if
des erving 0 1nd idates are IlVliLlble for appointent
The io(deric Council h8S noted thgt (l(1vJXltt e~ents
for filling these posts have alranoy been given n(1 18rge
nunber of applications fllWe teen received in r(lSpo1S8 to the
ltcvertiserlent In this connectim the Acafle-1ic Cnunoi1
strnngly reooL1Lends thqt so f1r s the pOSitions of profess oxshy
s1 c(gtnccrne0 the Sollct iCon COT1Jittee 1PtY be rC0UGstcc
t) cons ider ouinont lqw teaohers in the OClunt ryr
hlv cpplied in responstl to the qtvertisonent 1nC rocoDime
Hl cl~ perD(gtnS WhOI the NIS Gqy L1vite suitltJole trns this
c)ntd 14
14 54shy
is necessqry in oreer tc enable the NIS to hcrye c CClre
fsculty of eninent aOndeDics to develop the ~c~~vit of
tne school during its infPLCY
111 teachers c11e(1 for interview ncW be pei(l one-
way 1st Clss train fnro fron their p1ltJce of rosiccl1CO to the pleo 0f inter-view It is s ugf~csteij tht if nccGssry the
interview nay be helo at BmgclClre ino Delhi
nininise expond iture enCl will be he Ipful t the c middotmiddotncl ia middotto
~re teachers in v8rious Universities
All regulnr teachers appainte(l L1 the
provided living icco=odticn by the School n cess ry the School Dy t~ke flats on lease fnd provife it t) tbe
teachers fron whon the rent aocording to the Rules by be cOllected
of persons ny Is 0 be incluiled in fncvIty
(8) Adjunot professors
In view the need for teflcl1ing Soc Sci(mce
subjects in the intogrlted Iw cllrriculun it is noces11ry
to hrvG Social Science te3chrs 8ss0ci8teo pitll middot~~O iculty)
Sinoe it ny not be neoeSS1ry t l1lve then 8S
atleast in the ~innLllf the JuJ10elic Oouncil rCCmiddotmiddotGnts crefltj CD
nf four P01t tine Itc1junct prQfCSSClrs in the BubjioC ec~nJlicsy
Sociology Hjstory nn English They nay be flPP[)ill ( fT(r
servine or ret ired teachers of City c~llegBs in 13 1010
They coy provided 8 nonthly honorariu[I cf lis 1000- ~nO
tbeir ClPpoL1ttlGnt be for one yesr renevcble t of the Director A 10CBl Selectim OOlJnittee
by the Director in orOOl t C loleet the Ad junot T-f mS0rs bull
oontfl
55
It is neceSSary for the NIB to Bssochte Sr nc1vooates
md eninent jurists in the teaohing md researoh progx2cDcs
sf the school The Acadenic COllncil tberaiore ncolmends
that a Panel of distinguished lawyers and jurists be invited
to join school as Hon~ professors They nay be invited
for a tern of 3 yeArs dur which they shall sJond stleast
one Llonth d lrring the year in tead1ing pJ)d rcserrclt the
School When they visit the School for teaching nd resenrch
the Hon professors DlY be given the neoessary hospitlity
ana wherover ne cess xy TL 1ccoriiingly
The icadenic Council hls ~greea to t~lo sUB~oJtion of
the Director of inviting the following sigh pltlsms S Han
prOfBSS ors
(1) Shri KK Venugopal
(2) Dr LM Singhvi
un 3h1i Soli J SOXabjee
(4) 3hri Fali S N prin31
(5) Mr Justice PN Bh~gw~ti (6) Mr Justice VR Krishna lyer
(7) Mr RaJethr1alani
-lte) Mil-bull P~ ltJ-UYrftFl~
(c) Research Associates
Tho AcacsLlic Council feels thlt 8tleast fo e yegr
or two the flculty nay have to be given sonc rcs
support for preparation of telching notltsriaLs lud coordinating
the teaching progrnnns 101 this purpose the cric Council
reCJIlGenoS the appoictuent of two Research LS80qi GS who aremiddot
quolified with an LLM degree They nay be seleol 1)y the
Directox and nay be paid a cmso1idlteo sun of Rs 1200shyper nonth for one year
(0) Panel of Experts
The Aoadecic Council recolJr1ends the following 15
nanos to be included in the PAllel af experts I)r b8
contmiddot~l bullbullbull 16
16
invited to the Selectim Connittee for Faculty p0sitiol1S in the NIB
Ponel of Experts f( the Selection 0011nitte08 to be cmstitutec fr Fou1ty seleotion in the Nntionol Lw School----__--__-------- shy1 Dr S K Agraweln Vice Cn1ncellor l~gra Univ)rsimiddot~y lgrn 2 Dr GS Shrna Ex-Deem FlCultyof Lw J~iPllr
3 t Dr (Mrs) licG Jacob Director InAiBn Law I1stitutc1 1r1Jlr2i
4 Dr 1arlt3 Divrom Ex-DeFm Faculty of Llw Chm(~ isrl1
5 Dr Sp Sharna Dean Fqcu1t)r of Lw KCluh-s)otr University
6 Dr S P SRthe PrincipAl ILS LRtV Cjl10go~ une
7 Dr KB Rohtgi Professor of Law Delhi Univcrity
reGen Uni
9 Prof GV Ajjappa Derm F1culty of Llw Krnt-kf University Dharwar
10 Dr Upendra Baxi Professor of LOlW De1hi Unjv0rsi-y
11 Dr SN Shukla Ex-Den FClllty of 111 Lll211obnc 1Jnlversity
12 Dr RK ~i[ishr3 DerI11 F8Clllty of Low Bmcr-e ~jn(11J Universi ty
13 Dr Misheh1l1-Hss~m F8culty of L Aligrh Nuslir University
14 Dr KD G~llr Dean F~culty-yY f( c Ij vfk Y h - 41
(1) Leg~l Services Clilic
services clinic in the NIB forthwith It is eas n~ t8 pive
the nocess~ry support to the clinic81 e(~ucpti)n progrr1rroeuros
of the SchooL A Fgt1Clllty Conittee tiny be cDnstiiutcil by tre
DirGctor for the purpClse which D develop the ll TOS
to be irstituted Bn9 the pBrticip1ti~n of stu(1miu 10 be
decidsd in then In order to orgnise the clinic the
first instrgtncea sun of Rs 10000- DlY be provjelt by the
NIB It is expecteil that the Clinic will lterm s uppcrted
by the St~te Legl Aid BOlrd 9Ud the Centrl LGg~l services
1luthorities
for the orglliz~tiCn nd fuuctL)rJing of the Lug
Clinics
17
(D) Continuing Educat ion Courses
In order to n~ke the best use of the rusources of the
NIB for the coonunitY3nd to nke its progrrulD0s 80eie11y-an~ proiess ionally useful it is suggested that t~10 IrIS nay
engaije in l series of continu ing ed uc it i-n progr~tJos for
different sSllcents of the profess ion including l~w t Gpc1wrs bull
Of course these progr[]ues r1Jy be f k1anced by t10 spcJllsoring
lgene] 1l10 NIB nay provide expertise of its fcuHy no
organizational ssistlnce
In this connection a beginning nay be 1rJ]e by offering
to the Karnatltka Governnent and to the KClrnatqlm liiEh Court
for the training of its officers in the Law And Jll(icictry colrtrlents
(n) Research 1l1d Publicfltions
In order to strengthGn the teqching progJnnes of the NT tmiddot bIt t 10 bull h 1S a so U iltJy necessary 0 uave on gllne rese[ro
projects 011 various aspects of law in develpncnt rhe School
nay seek funds fron Agencies within anCi outside t~c governnent for sllPllort of its research activities
In this connection tho Lcadenic Oouncil welcQnes the oecision to publish books on Econonics Sociolo[y
History Politic~l Science end English for law stu0nts by
the NIB It is desirlble to get thase nat)lials sllit~bly
edited by the Sr Faculty of the NIB and publish i1 the nane of the NITi
Bes iaos the above public9tion the liIB sjoulrl brillg
out an Half-yearly Journal on Conterpor~ry DevolojlrJGnts in d liferent brqnches of law 1~lt rqy be celle( the Nationnl Law Review and it nay be funded by the lHS itself
(0) A Centre for 1foI1cn and nd Law
In view of the incJeasing inportBnce of HunAn stuiell
18
end support be jng offered by the Univers tvli ~ L1 G~t~gt1
CotlTlission anfl the liiinistry Of HULlrm Develoment middott le
NIB should set up a Specip1 Centro for stuCiy issuos jn trw concerning the stntu8 )f wonen 8uithle proj~cts D-1y
be developed by the Faculty nno Jppropriate lSS ist-nce
sought~ fron fUTIr1ing CenC10S A cp-lti i~-~I+~fltvUlYJ v ~~ ftl1++Ov bullbull ~~l
[jay be constituted to look lfter the developnent 0f this
Centre
(p) Institute in COLlpartive Law
The irlJ)rt~oe of c0nr~rrtiVe law studies r
scholArship ClYJC Internrtiolll relatiUs Cilntlt bil rvorshy
enDh~sizec Inview sf the rnle )f our cOl1ntry in re3i)n~1
cooperation -4l)a Internati~)n$11 ldllti0us LYl InstiCUt0 f
Conpar ~tive Lw is nost IlpprOprillte Ll the NL 2is 11
give the neoess-ry legll support to Indias posi- in
SA1RC countris rnd the TIn-81ignc-n rovenents It ~ iv rIS)
org1nise spooi~lis8f studies r0gion~11y OT cotntr~-1fise
In this regard the Acnilenic Council rccocows oi1
lt)ttention to tho study of Sooilist Leg31 Systcn icul~rly
bec~use of the ncnd to (levolop socialist JUT lSlu(lnco in
the present com --xi of Incia
(q) Libx8ry Developncnt
~in Institution like the NatirYll Law ScbCDl ~J1Dul(i
aspire to o(lvelop librnry fciljtios 6ujt1-110 tel c tGr to
its ao0(lio and researoh cgtrritnents Of course ~ wi
tke fl long tine and a suitnble p1n snoulil bo lovcloped
by tho libr1ry stf of the NIB Me luwhile the ITIS sbv16
-nmroaoh the funding I1gencies within the ccuntry ~lY 8utsi~o
for its libI eery icvolopnents
18
The Pore FOUnGRtion iu IndiR nay be nppro8ched to ssist
the librry in securing volllnes of inpelrtnnt fOIcien
legal periodic~ls and to Gnrol subscriptiDn f0I CllrJO1t sues )f thse pllblic8tims
Sinil31ly the GoverUDont It the CentI -1( in the
st ss Day be nPIJroached to give atlease one copy of its
public3tions frse elf ohlrge to the NIB Library iIecnwhile the
0ssential reports and textmiddot Books ny be irL1ed ictely purchnsoil
befor the connencenont elf the Lonaonic yo 1 bull
(p) Institution of loadenic Chairs
It is an excellont idea to ssocite priv1te
philanthrelpic institutes with the rlevelopnent of tfIS Besiiles
seeking su itnb Ie donat ielns the Acanenic Council rC1celrrcnds
that ina ividuOols nnd institutic-us ny be appronched to L1stitute endDvlLients f8r setting up tte AOf)c(mic Cpoundirs in
different brpJ1cf8S cmiddotf law It is estin~ted tht Cllrir
nay need [ill End ownent of lis 10 lskhs t lt) S UPI)Ort J~cofess Oshy
ship qne necessary staff
DmECTOR 12-12-87
SQf1 -
2007
ANEure R-J13 amp1
1inute of the leeting of the Executive Council held on Saturday the 27th Januan
Item 0 2 - Common Entrance Test
It was resolved that
We accepT in principle holding of a Common Admission TesT but we reiterate that the responsibility of conducting the CAT should be with the NLSIU 50 that the same standards can be retained
Item 0 3 - Ratification of faculty appointments
RecLUltmem - ror raritication - VC said that the consent has already been obrained by circular
Regarding 4 additional increments to Mr Sairam Bhat
The committee disapproved the additional increments given to k Sairam Ella as it is not in confonniry with rhe UGC Rules Tile increments given to others is approved
Item 0 t - Ratification of the administrative staff appointments
The Regularisation was not approved since the procedure was not tolloved properly EC 1tll1her felt that there should be proper records maintained in the process At any cost the backdoor entry shall be avoided
It Vias resolved that
The Registrars olliee should prepare a note with the individual candidates derails and a proposal can be made to EC with the relevant information about their service pay confidential records nature dUties educational qualification etc Also whether the candidate is qualified or not With the complete information the note may be placed before rile Executive CounciL Untillhe decision is made the consolidated pay whalever Tiley were getting should b paid If necessary a meeting may be arranged as soon as the infonnaliol1 is ready
Item 0 8 When Prof Hegde raised some objection regard1llg the irregularity in paying the adcitional increments the Committee insisted to make a formal complaint then they will look imo individual cases
The Committee also suggested lO prepare rhe Rules if already Rules ere available and if modific3rioll is required make a formal proposal and place it betore the EC
As regards fuation of pay to Ir Somu C
Tile EC disapproved the appointment letter issued by the Registrar Howeyer considering the plea of the Vice Chancellor the Executie Colll1cil suggested his presem pay of Rs 25675middot may be protected and new appointment letter may be issued with the relLled amount ie Rs 25000 and not 29000middot
Item ~o S - Investments
The Committee was of the opinion that the office should come out with a proposal ghing a clear picture indicating where it ill be invested- hat is the present rate of interestshywhether to invest in public sector or government organizations and not in private institutions etc and which mumal fund you prefer and reasons for the same The proposal with all the above information may be placed before the EC jx its approvaL
Item ~o 6 - enhancement of tuition fee
Approved
Item ~o 7 - Pension payable to Ms Pushpa eeL Dept
It was approyed and informed that the same pension mte can be appUed as it is applied in other cases
Item ~o 9 As re~arcls inIormation to be ginD under R II
It was approved that only the resolmiol1s can be given and not proceedings
Item ~()10 - Revision ofmerlical budget - Beerappas cae
It as agreed to revise the medical budget
Item ~o 11 - Agreed
Registrar informed the Committee that Prof Bebu Mathews lien will come ~o an end by 3132007 The Committee felt that h silouldjoin before lhe date and if not illS lien will nOl be extended
t~XI item - approved
Item ~o - Increments to those who have reached maximum
The COlllmittee recolllmended that a proposal proposal may be placed before the EC based on rhe CGC Rules for graJll of increments for those who have reached the maximum scale Bused on the proposal the EC may gram some stagnation incremem as per Cemfal GOt Rules
Registrar inf()rmed the Commillee that he is nor genillg any separate allovuce for holding Ot1ice ofRegistrar as he is doing both administration work and also teaching
The Comminee was of the opimon that Ie the maner be placed before Ie with a proper proposal - 11l order to finalise graming of a special aEowancc for a Professor whe11 he is appointed as Registrar during the IeIm of OUice of Registrar
Item ~o 27 - ASLEA Conference
When the Registrar inionned the Committee about the receipt ofRs 1900000- from the UTI Bank towards organizing the ASLEA Conference und that the same has not been rellutted to -rLSIC the EC resolved that
whenever such Conferences Seminars conducted with the coordination ofthe -rLSlt a detailed repolt must be prepared showing the amount received by the concerned Departments i sponsorers xpenses incurred what is the income earned by -rLSru from those Conferences Such reports lUust be duly certified by the Registrar and the same should be placed beli)ft the Ee
Finally EC strongly reconlllended the -[inutes of the Meeting shall be circulated tor approval immediately_
Item No P 3
GRH - Some adyance increments would be -let that proposal come separately Some of the - those who hold the shy
Increments only for the Lecmrer and not for the Asst Professor because he bas PhD Mr Sairam Ehat
UGC Rules - AJD - With the modification for
Let there be a proper note circulated
Sairam Ehat - increments to tbose who hold tbe lecmrer post - Registrar denied shy
Make a proposal for amendment of Rules - we may apply the rules
IF you find any rule - please make applications - before Ee if it is fare
AJD - posts are already there - but here is a situation wherein certain people are working since so many years - who were recruited directly - since 1998 - at that time we were not in a position to appoint shy
The Committee should have been constituted by EC - do not violate the mles
Call for application itself is out of question- they should also face the Committee
They ere on consolidated basis shy
VVK-
You can regularize - there should be some record - prepare a note call those employees - back door entry should not be permitted - we are not against them - the power has to
be exercised by the Ee
Who had approved the internal circular - VC admitted - he himself - it would have been discussed in the meeting Let them also know who are the members of the
The Committee took a decision and authorized Justice Mallimath to take a decision about the
VR Reddy ad hocistlJ should not be there some kind of a procedure should be followed - middotou may appoint a complttenr persoll- but procedure should be foHowed
lallinath m accept his OWI1 statement and pay him only Rs 25000- and nor 29000-
It shall not be treated as a precedm-
You may refix it and ensure that it rotal should not be less than what ~le is drawing 110W
ANNPorsR-14shy
S)finutes of the meeting of the Executive Council held on Sunday the 13th -Iav 2007 at 1 000 AJ
Item 0 1 Confirmation of tbe minutes of the previous Executive Council meeting
With thi permission of the Chair certain decisions have taken at the EC meeting a report of rbe action taken should be placed before the neXI EC
Item ~o 1 Search Comminee Chair Professor as LS1C
Resolved to constiTIlte a search committee consisted of the following members for identitymg s1Iimbie persons for the appoimment to hold the position of the Professor of different eilirs at NLSIl The committee shall be entitled to consult distingUIshed persons for the position the searchcol11mittee shaH plaCe the names so selected in the next meeting for (ile tina decision
1 JUSTice vfaIimath 2 Vice Chancellor 3 Shri Patnaik Silri VR Reddy 5 Mr Gopakumaran air Chairman BCI
Tile members of the EC have requested to suggest suitable names Registrar shall be the Ex-officio Secetary to the Committee
Item ~o 1 The EC consrituted a Committee consisting of following members to tinulise tile niles placed before the next EC
L 5111i BS Reddy 2 ShriDesai Chandrashekar Kamataka Bar Council Chairman 3 Prof V agaraj -I Shri BD Hiremarh
Registrar shaH be the Ex ofiicio secretary
Item 03 Common Entrance Test
It was resolved the modify the resolution to the followin1l ctIeer that the VC should take the stand that having r~gard to the pr~emin~nt pOSition ofrhe NLSIU being the pioneer in holding the Test it should play the leading role in conducting the Common Entranccent Test The VC is requested to persuade the other Vice Chancellors in this behalf
Itelll NO5 Resolved that the proposal contemplated by agenda item no 5 shall be finalized within a week and the approval ofrhe EC sought by circ1Ilation
1
Item 0 6 Increase in fees by Rs 140001- over lasT year was approved and confirmed
Item 0 7 Providing information under RTI Act - Based on the issne relatinl to the publication aboUl Law School in Times ofIndia under RTI Act aIld the issue of~hai can be released in the Press under RTI Act was discussed elaborately though no conclusion was arrived at It was resolved that the information must have leaked bv the administrative STaff and a stern w3ming must be given to them to prevent such happnings in the future
fain Agenda
Item 02
I Reguarisation of the services of administratiw staff
It was resolved to approe the regulanarions of services of the following with from ovember L 2006
i) ills Pushpa Kadam ii) VIs Vidya SG iii) vir Umesh iv) iIlr Naveen Kumar v I VIs Premll Kummi
Resolved that having regard to the exigencies of service becomes necessary to make immediate appointment the VC could make such adhoc appointments and bring it to the notice of the Executive Committee lllunediately in the next EC meeting
Further resolved that if the vacancies should be filled up as per the University Rules and Regulaliols and if ad hoc appointments are eligible to consider their applicatiolls as well The cases of Ms Gma Ms Jyothi v1r Gulam Hyder and Mangala Gowri were not considered for eguiarization as they haye left th se[ce long back
(3rinLoIlldence increments(QthQslt who acqmre ~LPhii and PhD desree
Keeping in mind the UGC guidelines issued on the basis of the Order of the Govt of India dated J July 1998 and the resolution of the Executive Committee dated of August 1999 the Executic Committee resolved to extend the benetit of advance increments to the members of the tcaching statT acquiring PhD or tPhil degree respectively as follows
1 4 and 2 advance increments will be admissible to those hold PhD and tPilil degree respectively at ihe time of recrul1ment as Lecturers and Assistant Professors
2
2 4 and 2 advance increments will be admissible m those who acquire PhD and VLPhil degree respectively afrer the recruinnem to he said post
3 Associate Professors oJlwards who acquire PhD degree after 781999 shall be eligible for two incremems
The aforesaid provislOllS shall be given ef1c to from 781999
4 Appointment ofMr Somu C
After an exhaustiVe consultation on the issue regarding fixation of rile pay to Mr SOlllU on his appointment as Assistam Pro1ssor the Execurive Council resolved to gram four advance increments in the pay scale of Rs 10000 to 15000- so that the total emoluments will be receivim could not be less than the total ellloluments he is recehing in the priare college vhere he is Sefnllg The offer of appoimmcl1t aLready lllade shall be rnodified on these lines
Item No3 Stagnation increments
The Executive Council decided 10 grant the bendt of stagnation increments contemplated to rhe employees of lSIC The proposal in the agenda to grant stagnation increment is approved
Item 110 -I Institution of Allen amp Overy Chair on International Financial Laws
The Execmive Council approved the action taken by the Vice Chancellor in esmblishing a Chair on International Financial Laws 1Inanced by vIs Allen amp Overy Londo It is resolved 10 convey the appreciation Bnd thanks to the donor
Item ~o 5 Convocation
The sltlggesled the tc)Uowing names tor being invited to be the Chief Guest lor the next Convocation
L Shri Gopalaswamy Iyengar Chief Election Commissioner 2 Shri YV Reddy RBI Governor 3 Shri Fali Slariman Sr Advocate 4 Shri K Pachauri
In case none of the above are not mailable the Vice Chancellor may at his discretion invite any other suirable dignitmy
Item -0 6 3 reservation for physically challenged candidates in the Admission to XLS
EC defened it to the next meeting The Registrar shall place before the Executive CounciL a copy of the Act the Judgment rendered by the High court of Karnataia and
3
- -
bt also a copy of the report said to have been submitted by Justice Rama Jois if available along with relevant judgments
Item 0 7
The EC committee decided to consider the incentive to be given to the staff members on the occasion of the Silver Jubilee function of tile University
Item 08 Selection of the administrative staff
The EC felt that the response to the advertisements being very pOOL steps should be taken to adequately advertise and invite applications afresh In view of the urgent necessity to carryon the administration the EC 3mhorizes the VC to make ad hoc appointments pending regulu recruitment TO the posts of Secretary Office Assistants and Junior Assistants Adequate steps should be taken for adwnising posts indicating all relevant details
Among the three members to be nominated by the VC under the LSIU Regulation 4(c ) the Chainnan of the Karnataka State Bar Councilor any member nominated by him shall be nominated
Item 09 Establishment of a Centre
Resolved to constitute a committee consisting of the following members of the Executive Committee to scrutinize the proposal and to take a final decision in this regard
L Chail1113n of the State Bar Council 2 Bar Council ofIndia member from Karnataka 3 Law Secretary
Item 0 10 Institution of Chair on Consumer Law
The Council noted with appreciation the sanction of professorial chair on Consumer Law amp Practice bv the Ministrv of Consumer Affairs to set up Chair on Consumer Law 8 Practice at LSIC EC authorized the University to convey the appreciation and thanks to the appropriate authority
4
ITEM NO17 171 COURT NO5 SECTION PIL-W
SUP REM E C 0 U R T 0 FIN 0 I A RECORD OF PROCEEDINGS
writ petition(Civil) NO 6002015
SHAMNAD BASHEER VERSUS
petitioner(s
UNION OF INDIA amp ORS (WITH APPLN(S) FOR PERMISSION INTERVENTION APPLN) WITH WP(C) NO 5762018 (X)
TO FILE ADDL DORespondent(s)
CUMENTS
Date 30-10-2018 These matters were called on for hearing today
CORAM HONBLE MR JUSTICE SA BOBDE HONBLE MR JUSTICE L NAG ESWARA RAO
For Petitioner(s) Mr zoheb Hossain AOR Mr Adeeba Mujathid Adv Mr Vivek Gurnani Adv
For petitioner(s) Respondent(s) Ms Roopali Mohan Adv
Mr Namit saxena Adv Ms Taruna Ardhendumaul1 prasad Adv Mr Piyush Singh Adv Mr Amritesh Raj Adv Mr Nitesh Ranjan Adv Mr Shashank saxena Adv Mr Ardhendumaul1 Kumar prasad AOR
For Respondent(s) Mr Rakesh Munjal sr Adv Mr SS Ray Adv Mr Vaibhav Gulia Adv Mr Puneet Gupta Adv Mr paramjit Singh Jaswal Adv Mr Ravinder Singh Adv Ms Rakhi Ray AOR
Mr Atmaram NS Nadkarni ASG Mr Merusagar samantray Adv Mr Ritesh Kumar Adv Ms Suhasini sen Adv Mr Leelesh Krishna Adv Mr Arvind Kumar Sharma Adv Mr Gurmeet singh Makker AOR
~) i
2
Mr sajan poovayya Sr Adv Mr priyadarshi Banerjee Adv Mr Pratibhanu singh Kharola Adv Ms priyanka MP Adv Mr Risha Agarwal Adv Mr EC Agrawala AOR
Mr Anand varma AOR MsShubhangni Jain Adv MS Manpreet Kaur Adv
Mr Puneet Gupta Adv ~lr Ravinder singh Adv Mrs Reeta Dewan puri Adv Mr PN puri AOR
Mr Maninder singh Sr Adv Mr Prabhas Bajaj Adv Mr Gaurav Sharma AOR
UPON hearing the counsel the court made the following o R D E R
The copy of the report filed by the union of India Ministry of Human Resource amp Development pursuant to order dated 13062018 passed in wP(C) No 5512018 be furnished to learned counsel for the parties
List the matters on 28112018
[ Charanjeet Kaur ] [ Indu Kumari pokhriyal ] AR-cum-PS Asstt Registrar
ITEM NO5 51 COURT NO5 SECTION PIL-W
SUP REM E C 0 U R T 0 FIN D I A RECORD OF PROCEEDINGS
writ petition(Civil) NO 6ee2015
SHAMNAD BASHEER VERSUS
petitioner(s)
UNION OF INDIA amp ORS (WITH APPLN(S) FOR PERMISSION INTERVENTION APPLN) WITH wP(C) No 5762018 (X)
TO FILE ADDL Respondent(s)
DOCUMENTS
Date 28-11-2018 These matters were called on for hearing today
CORAM HONBLE MR JUSTICE SA BOBDE HONBLE MR JUSTICE L NAGESWARA RAO HONBLE MR JUSTICE R SUBHASH REDDY
For petitioner(s) Mr Zoheb Hossain AOR Mr Gopal shankar Narayan Adv Mr Adeeba Mujathid Adv Mr Vivek Gurnani Adv
For petitioner(s) Mr vikas singh sr Adv Respondent(s) Mr Ardhendumauli Kumar prasad AOR
Mr Amritesh Raj Adv Mr Piyush Singh Adv Mr Nitesh Ranjan Adv Mr vaibhav shrivastava Adv Mr Sashank saxena Adv
Mr Namit saxena adv MS Taruna Ardhendumauli prasad Adv
For Respondent(s) Mr Rakesh Munjal Sr Adv Mr SS Ray Adv Mr Funeet Gupta Adv Mr vaibhav Gulia Adv Ms Rakhi Ray AOR
Mr V Giri Sr Adv Mr AKarthi K Adv Ms Rakhi Ray Adv
2
Mr Atmaram NS Nadkarni ASG Ms suhasini sen Adv Mr Ritesh Kumar Adv Mr Leelesh Krishna Adv Mr Marusagar samantray Adv Mr Arvind Kumar Sharma Adv Mr Salvadar santosh Rebellow Adv Mr Gurmeet singh Makker AOR
Mr Sajan Poovayya Sr Adv Mr prlyadarshi Banerjee Adv ~r Pratibhanu singh Kharola Adv rmiddotls priyanka M P Adv Mr EC Agrawala AOR
r1r Anand varma AOR
Mr punaet Gupta Adv Mr Ravinder singh Adv Mrs Reeta Dewan puri Adv prof paramjit Jaswal Adv Prof KD Rao Adv Mr PN puri AOR
Mr Prabhas Bajaj Adv Mr Dhawal Mohan Adv Mr Abhishek Adv Mr Gaurav Sharma AOR
For Applicants) MS M Sidhu Adv Mr P vinay Kumar Adv
Mr PS Narasimha sr Adv Mr SS Ray Adv Mr Puneet Gupta Adv Ms Rakhi Ray AOR
UPON hearing the counsel the court made the following o R D E R
Application for intervention is dismissed as
withdrawn
shri Atmaram N S Nadkarni learned Additional
Solicitor General appearing on behalf of the Union
of India ~linlstry of Human Resource amp Development
states that the Government has prepared a report
3
and shall further convene a meeting of all the
parties to these petitions NTA and the Bar council
of India seek their views and make appropriate
recommendations for the holding of the examination
within four weeks
List thereafter
[ Charanjeet Kaur ] [ Indu Kumari pokhriyal ] AR-cum-ps Asstt Registrar
7-+ 0( AMNI~URpound tlt_Ihi
2Q lt ( gt ( - -
~ ~ A
-
p V -~d T] Y-P~iCL of ~-lt)Eign Sud~nts thp drnissio is i-l~ be COI)iuct-d wit)middot the help of Inrin ~~Llt_~lon~
llgtrO~j ~n -t~poundO rgtSpctiVF cnJn~cies
1 r
lh- durtlon of tht course shall bE for 21 peri00 of (iv~~ j~lcaderrjic yeilrs j
CJ 1~ltJch acadeHic _divided into_ thceuroE academic terrnS J
f~lCh tE-rm called a orrimestErcent hDvin0 a minimum of 70 vJcfrki (H) days
C3 Ph- Icdcmic t(rms shilllordinarily be from lst July to --lOth -Septcober t poundrom 5th Oct to 15th Junuclry an(l from 1 (1 t ~l ~] AnlJ a ry to 20 t h A1ri 1 ~
~
6 l Irhp tu i t ton f~(~ foc th0 dampgree progr1fnrne for each yedr -
~~~ 1 i-gt ~ bull )~~jt7-middot which shall be collectEd in th~e IntlIcn~s 0t tl--H~ b(9ir~n of lt2Crk Trin~c-$ter I fcgte i~ not pdid i--hin a week er the co-mrnCncemlt2Ylt of thlt Tr~rgt~middot I i sh~~ 1 be C012Ectec with tate Jf if 1shyor c1~~y t11-l rre- end of 20 working days Can-didut(s who f) l te feeuro wtY)it the nrc-scrlbcd aerior] with ~ate
(fmiddot sri~)l rgtrnoveo -(om lt~G rolls ltH(~ they shall bEgt C~gt-j(1rrit~td onJy on pitympt 0+ rf--)cm-sion feE- oE Imiddot 100shy~(( 1 ~risf-1ct()ry rJport o~ progress ond conduct from 2 Tc~chFr of thp P~culty
In rpsnect of rrwl v acrni ttEO stIJcens admission wi 11 no )( com~letP lJJ11ess- thFY Pi)Y the prescribEc within Sonci fieod ti1le
6 ~ 3 Besidelt= flt( 2lt trl bp9inning of the fi--st trimestr of fdCn ypar J U CltiHldidatgt i (cQuirec to pay a sum of
tOWi1n1 xc1dlrHJ rnJti~rit~ls ar1lt3 a further sum of OWi~fU~ co-ctJcricu~~r ~nd ~tudent welfare activishy
~OL(~ Tuition )nc other fees paid by th0 students irlini ttEC1 to thi course 1 not Je Efundeci u~dFr- any C cumstancs
1
A1)Npoundx UltE remiddot-VishyTS
Academic Calendar at NLS
Resolutions on Academic Calendar
The Academic Council Meeting on 12th December 1987 proposed that each Academic Year be divided into three academic terms each with a minimum of 70 working days This academic term will be called a trimester
On 1th September 1988 the 4th Executive Council Meeting of NLSIU resolved that each Academic Year is civided into 3 academic terms Each term called a trimester has a minimum of 70 working days
Consequences of the Resolutions Tne mandatory 70 working days are spread across 12-13 weeks Each 12-13 week trimester extends to 90 calendar days 3 trimesters will require 270 calendar days
Ordinariiy students complete compUisory internships during the term breaks which vary from 30 to 45 days This year we had planned to forego the term break and replace it with a 15 day break between each trimester as this Is essential to finish evaluation ana assessment exercises Hence the Academic Year requires 315 days
Academic Year 2020-21
If hLS Admissions is completed under the NLAT 2020 Schedule the Academic Year will run from SeJtember 18 2020 to June 30 2021 This will allow for 285 calendar days this year leaving a 30 day shortfall We may preserve the Academic Year by further compreSSing the evaluation and assessment period to 5 days ThiS is neither optimal or desirable bul is the result of the delayed CLAT 2020 schedule Hence the Academic Year 2020-21 will be competed before the start of Academic Year 2021-22 on July 12021
If NLS Admissions is completed under CLAT 2020 From October 10 to June 30 2021 the AcademiC Year wiil have 263 days leaving a 52 day gap Even if we compress the evaluation and assessment Deriod to 5 days between each term and save 30 days the Academic Year 2020-21 cannot be delivered
ANNExOltE RJ
r Nithya Rajshekhar ltIegalnlsacingt
Letter from Nirma University Law School which has a trimester system for LLM and has moved away from CLAT for this process this year
$arasu ltSarasunlsacingt Sat Sep 12 2020 at 1031 AM Te Nithya Ra]shakhar ltIegalnisacingt Co Sudhir Krishnaswany ltsudhirnisacingt
bullbullbullbullbullbullbullbullbullbull Forwalded message bullbullbullbullbullbullbull From Purvi Pokhariyal ltdirector Date Sat Sap 12 20201027 AM Subject Thank yeun To Sarasu ltsarasunisacingt
Dear prof Sarasu Thomas Professor of Law amp Registrar Iational Law Scnool of India University 8anglore
Subject gratlCude for gracing Commermcement session of One Year LLM batch (2020middot21)
Dear SaraSJ Maam
It was Inaeed an absolute pleasure to host you for he commencement (Orientstionj session for our newiy admitted ere year LLM batCh of 20middot21
Your motivalional address infused new energy and enthusiam amongst the sldents during this testing times
As you know this is one year programme and il is expected to nurture pest graduate students with cognitive deeper unaersranding on specialised afea along with sflarpening their research and writing skills One year programme comprises of fhree trimester for our LLM programme And we were running out of time due to delay in centralised acmisison process through CLAT 2020 So finally in early August we have decided to change the mode of admission from CLAT to graduation merit So thai we can save time of our first trimesler and can compiete the programme on time Accordingly we could start our new LLM batch from 31st August 2020 I am really thankful to you for accepting our invitation for OJr format commencement ceremony You have been motivating and inspiring generations of SUdents throughlout aU these years and your words wiseom paved a new direction for leming for our LLM students received oV80Nheming feedback from this session and must be thankful to you to be with us and helping us for guiding our LLM students during this unprecedented times Tnis is unprecedented time and that demands the unusual responses and newadapatabiiity
Thank you once again
VVi1h regaros
Purvi
06011020 The General Body The NLUs was held The Secretary-Treasurer introduced and explained to the members various steps taken by the CLAT Secremriat in preparmion of the examination including a user-fhendly and streamlined website for the C onsonium and CLAT 2020 and a sample of tile revised format of the CLAT paper designed to test slUdem aptitude instead of prior knowledge of law The sample paper had also been $tlrveyed by students from LSIU The eftons of the CLAT Secretariat on both initialives were specially commended by the Members
Additionally he also briefed the General Body that the CLAT Secretariat had put in efforts to develop and innoduce free and high-quality study materials and mock tests tor aU eLAT applicants so as to not disadvantage those slUdents who could not afford coaching
21042020 Due to the ongoing COV1D-19 lock-downs Executive COlllmittee of the Consortium postponed the CLAT 2020 I examination from lOh May 2020 and rescheduled to 21 Sl June
2020 I 1--------+- __
17052020 The Executive Committee of the Consortium resolved to postpone the eLAT 2020 again (2nd eLAT Postponement) The Consortium issued a notification infoDning candidates that a new date would be notified by 0 I July 2020 At the same meering the Respondent No2 informed the of the large increase in the number of applications after the digital marketing initiative
---- 17062020 The Executive Committee of the Consortium met The
Respondent No2 presented the report oftlle survey conducted by the CLAT Secretariat to evaluate options for conduct of the exam given die Covid-19 pandemic The Executive Committee assessed the feasibility of continuing with a penshyand-paper exam VS an online computer-based exanlination The Respondent No2 also reported his effons in contacting I vendors to conduct an online examination I
29062010
7B
16072020
30072020
The Committee of the Consonium issued a notification scheduhllg the CLAT 2010 exam on 22nd August 2020 The test was to be a centre-based online compnter eX3m The Executive Comminee was Infolmed by the Convenor rhat a Vendor had been selected
A General Body Meeting of the C onsortiull1 was held The Respondent No2 intormed the Consortium of the various measures taken by the CLAT Secretariat including
bull Due to the pandemic simation the test centres were expanded from 67 ro 103
bull Detailed Medical protocols to be followed 011 the exam day
bull The mock exams schedule has been prepared and shared to all the VCs
The Respondent No2 also infonned the membls about the proposal for securing an insurance policy for swdenls and staff for the duration of CLAT 2020 exams He informed that proposais have been sought from various Insurance Companies and the best proposal received was shared with the VCs The Consortium authorised Secretary-Treasurer and the President to go ahead with the said Proposal
However certain members raised objections 011 the ground that the price for an Insmance Policy was too higb to bear for the Consortium tmd not necessary
A meeting of the ExecutiYe Committee of the Comoniulll of NICs was held The Respondent NO2middots proposal to secure an Illsuranc Policy fOT students and staff as a precautionary measure lor CLAT 2020 was rejected despite general support froln several melubers for the sole reason tlw it [$ 110t necessary and it il1vole5 huge amount and does not serve any I- purpose
~
The Respondent 02 did not share the Same middotiew
At the same meeting despite the Health and Safety Protocols and the conversion of the exam to a Computer Based format in order to accommodate shldents during the pandemic few members raised health concerns and SUgested J2poundstponemelll i l
of the CLAT 2010 from 2200 August 2010 Hovever the Consonillm resolved to decide the issue at its next meeting
05082020 The Executive Committee of the Consortium of NLUs held a meeting to consider the date of the CLAT2020 exam
The Test Vendor was also in place to conduct the exam 011 7th
September 2020 The Respondent No2 had also begun the process of securing an additional approval from MHA for the conduct of the CLAT exam and to ensure all candidates would be allowed to travel to the centres Respondent No1 mged the Consol1iull1 against postponement of the exam given the extensive Covid-preventative measures being taken at the centres and the need to preserve the Academic YeaL
The Respondent No2 shared a presentation with the Executive C01l1111inee detailing the impact of a postponement on the Academic Calendar of the Respondent No1 University and proposing a host ofoptions in order to accolmnodate members facing such difficulties bull for NLUs to proceed with their own admission process tor I
2020-21
bull aHow for CLAT 2020 to be conducted in two series so that Universities may choose an earlier or Imer date and
bull for NLUs to admit CLAT-enrolled students to appear for separate exams conducted by the NLUs with no further need for registration or fee payment
Despite this the Consoniulll by majority vote merely resolved to postpone the eXllnllnatiol4 to a date to be i
detennilled later
10082020 The General Bodv Qfthe Consortium ofNLUs held a meeting i fuwhere it was dcided to schedule the CLAT exam on
September 2020 Whilst this date would enable members such as NLSIU to complete their admissions without suffering a Zero Year some participants menfloned that it may be necessary to postpone the examination even further
L--_____L______________________-J
27082020 The Executive Council of the Consonjum took the decision to postpone eLAT once again
The Respondent No2 raised serious objections TO the postponement and also brought to the notice of the COllSoniulll the fact that the pandemic would only get worse it1 the coming months Further to facilitate the of institutions reliant on CLAT who would not be able to sustain ftuther delay he optiOllS already presented and discussed with the Consortium the Respoudent No2 offered to undenvTie the entire CLAT 2020 examination from NLSflJs share of Consortium fees in order to hold the examination on the fixed date of 7th September 2020 However none of the options were accepted by the Consortium
ANMEM01pound R1Ie atiouaj Law Scho()l of india University Ballzalore i J
inllts of the Emergency Faculty lerring held via videu confrrcnce euroIll 6th August 020
lullbers preent lts Iht Zoon1 ~iJn R-cOrGlng
1 PU$lpoThm~H ofCLAT yet again from 22nd Aligust to 7th S~pt(nber ~020
Contingency Plan to prevent a Zero Year
Disc ussion
Th- ViCt1 Chancellor Prof Sudhir KrlslmaSvarny informed that en1rgcHcy l1heting had been called to the decision the Executive C0t11ITliHe of the Consonium National Law Universities dated 05092020 to postpone the CLAT 2020 exam undl funner notice t was also informed that a new date for CLAT 2020 -as not yet finalised however it was likely that the exam would schedukd in September He tated that this emergency Facllhy Meeting had been
0 decide on NLSUs next steps
TllC Vice Chancellor infonned the Faculty he hud pHt forth the case of NLSIU lt1t the only National Law UnivilTsily having a trimester system before the Consortium members He infom1cd Consortium that delays in CLAT Nould unfairly prejudice NLSIU and set before them several alternatives including (1) allowing NLSIU 0 go ahead with an alternate admisslols process lor this
lild r) allowing multiple CLAT exams and go ahead with the date as proposed
Vice ChanceUor timber informed the Faculty that the CLAT 2020 had been postponed the hid time despite the extensive health and safety protocols and a rede$ign of the ~xam (Q a centre-based computer exam As the Covid-19 pandemic is only getting worse there is no justiI1carion for further delays
Fuculry il1cnlbcrs expressed concern that the trimester was going to be severely dt~layed as a
th~ postpot)CJncHt Undergraduate Chairperson Prof T Somnshekhar suggested going ahead vith an exam immedimely to prevent fmher delay and to explore using the same centres as CLAT
Other Faculty 111cmbcrs including Pr)f Ashok Patll suggested thatvlc should fun our ovn entrttnclt exam NIr Kunai Ambasta agreed bUt expressed concern about the costs of administering a scpamte entrance eXctlDlnatloD
Jflndakishore lt-luerkei whether ve couid go ahead for this staying tvithin
lnernbers inciudjng Sanyukta Choudhry and Ms Rashmi Vcnkatcn if it was PQssihlt IO have a dekly~d trimesrer nnd hm the inlpact ofthlt WOUld be Acadernic calendar options (r( txplored
Bnbu 11athev opined e should xplore many options 5hared TvlPP course to begin on ciCil1
Registrar~ Prof Sarasu Eshef Thon1as nmde a short prescntmion on the of a T on the S A-eadernic Year
1 Impact on applklnh
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P(rc(nt~~( of Point of 1ime nJen nolk of Refund of fcc of adrnission is ncchcrd
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rJun-optlD1WH lbe
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quality addlTlonal uuuhk workload reachers and wnt til
DClsng ~1 adulisiuns lEosS ttJ corrplt~d urgtntly vhich EaHovmiddot us t) admit studnts rntd~Septen1ber and Viih ddayd b~it trirn12s1cr C(lYlprOrtusHlg JCadCl1iics
Dednre D 11h concqu~rH financIal losses lo-s of lainl tc as last rsort
4 If we run our tlvn entrance cxmn We rnay have to bear a snudt IO-is in monetary t(nns cntrmce process at a
it vns ionduded ihat smCe dH date ll) CLAT exan1 had nOI bcen flxLi 1hen W~l~ no vbClher voldd be any furh~r postponcn1entS LSIlJ be ith puhing
uirncgtter LO th ecund rrlrn-skr and so fDrth lhereby n1-lking it impo$)iblc to up 2021 In such a cnse~ rLSrC will be forcedo announct a zero y(ar~
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Extract ofDraft Minutes of9t Executive Council Meetillg
DRAFT MINUTES OF THE 91 MEETING OF THE EXECUTIVE COUNCIL OF THE
ATIONAL LAW SCHOOL OF INDIA UNIVERSITY MELDON
WEDNESDAY AUGUST 12 2020 AT 330 PM AND ON
TUESDAY AUGUST 18 2020 AT 430 PM VIA VIDEO CONFERENCIgtlG
MEMBERS PRESENT I Honble Mr Justice Uday Umesh Lalit Judge Supreme Court ofIndia 2 Honbie Mr Justice Dhananjaya Y Chandrachud Judge Supreme Court of india 3 Honble Mr Justice S Abdul Nazecr Judge Supreme Court oflndia 4 Honble Mr Justice V Gopala Gowda Former Judge Supreme Court oflndia 5 Shri Manan Kumar Mishra Senior Advocate Chairman Bar Council of India 6 Shri S Prabakaran Senior Advocate Co Chairman Bar Council oflndia 7 Shri Deb] Prasad Dha Advocate Managing Tnlstee BCI Trust 8 Shr1 Apurba Kumar Sharma Senior Advocate Chairman Executive Committee Bar
Council oflndia 9 Shd Y R Sadasiva Reddy Member Bar Council of India 10 Shri Ved Prakash Sharma Advocate Member Bar Councll oflndia 11 Shri Prashant Kumar Singh Advocate Member Bar Council of India 2 Shri Anil Kumar 1M Chairman Karnataka State Bar Council 13 Shd tV Ramana Reddy lAS Additional Chief Secretary to Government or Karnataka
Higher Education Department 14 Shf1 SY Watawati Law Secretary Government of Karnataka 15 Prof (Dr) Sudhir Krishnaswamy Vice Cbancellor NLSIU 16 Prof (Dr) Ashok R Pati] Professor of Law NLSlU 17 Prot (Dr) TS Somashekhar Professor in Economics NLSIU J8 Dr Nagarathna A Associate Professor NLSJU
AliD 19 Pro[ (Dr) Sarasu Esther Thomas Registrar amp Professor of Law as Secretary to the
Executive Council
lVIEMBERS VRO EXCUSED THEMSELVES L HonbJc Mr Justice Mohan M Shantanagouclar Judge Supreme Court ofIndia
Opening Remarks
The Vice Chancellor Prof Sudhir Krishnaswamy welcomed al the members to the 9i Meeting of the Executive Council He thanked the Honble Judges representatives ofthe Karnalaka Stale Gevernment and members of the Bar Council of India for agreeing to attend this Executive
-ss Council TvteeHng organized at short notice or Video Conference He informed tflC 1crnbers that the Honbie ChiefJustice of India the Chsnceillllofthe University was unable to atlcu and had ominated Honble Justice UlJ Lalit to Chair themeeting in his abence
Justice Lalit clarified the reasOns why this emergency Executive Ceunci I Meeting had been convened at shori notice at his initiative First as CLA T 2020 had been postponed several times the University is unlikely to complete admissions by September 2020 Hence lLSIU faces the prospect or a zero year 1ere 120 BALLB + 50 LLM students will not be admitted and (be University wili lose INR16 crores over 5 years Secondly as the University had submitted a comprehensive Report reviewing the Reservation Policy in the third week of July this Report should be discussed while Ihe admissions process was underway
Justice Lalit then asked if any Member took objection to the short notice and was keen that the Meeting should be adjourned Ali Members unanimously agreed that due to the urgent nature of the agenda of the Meeing the usual lime trames for the Meeting may be dispensed with on this occasion
~ __-1-_- _ - _ _-- -- --- i Item No1 i Postponement of CLAT 2020 and Admissions to the NLSIL for the i_ ____J_A2e~)r2Q~Q21 ________ ____ __
Discussion IMembers noted that the Governing Body of the Consortium ofNLUs held an iemergencv meeting on Aug 10th 2020 to reschedule CLAT 2020 from Aug 22nd to 7en September 2020 ) i i 1 Members expressed concern that CLAT 2020 had been rescheduled 3 times and
further postponement could not be ruled out The Vice Chancellor clarified that the University has made adequate plans to compress the Academic Year if the 1
exam is completed On September 7th 2020 I
However several Members expressed concerns if CLA T 2020 was delayed 1 further All Members agreed that the consequences ofa Zltro Year in terms of loss of revenue (around i 6 crons) and loss of oppoltunity to 120 SA LLB (Hons) and 50 LLM students [0 study at the National Law School was too high a price to pay
Some Members suggested exploring various admissions options using 12th Stllndard Marks other entrance examination results or conducting an online examination The Chair emphasized that it is critical to authorize and urge the University to take immediate steps to prevent a Zero Year if CLAT 2020 is
i further rescheduled
i I The Chair requested the Vic Chancellor to consult withthe BCI Chairpls~n in the event that the Umverslly needs the leave of the Supreme Court In mese I 1____~__-lllat~~~ __ _ ___ _~__ __ _________ _jI _ 1 l was resolved unanimously that jfthere is a further delay in CLA T the Vce 1
L_~C~~nJ9_~ll~cel()r--~_lt11Jlowredt2takeai I necessar $iJlLt~nsur(U~ltlUl1ej
(J ry(Y~~
TAdmissions Processfor 2020-2 i~i~ completed in Septe111ber 2020
NLSIU is authQrised to fUll ft~ own admission process and conduct an i independert admisson tcst if necessary if there s further postponement of the I CLATexam
It was decided that the meeting would be adjourned to 18th August 2020 at 430 PM The Vice Chancellor thanked all the members for joining this meeting
After a formal weicome by the Vice Chancelor Justice U U Lalit chair the meeting and invited Justice Gopala Gowda to present his note feHowed by a presentation by the Chairman Bar Council ofindia
__ _~ ~__Ugt___ _~~~ _~~_~ _~ __ bullbullbull___ ~~ __ ~bullbull~~_~ gt _ 0 ~~ ~_____ ~~ _ __~ ~____ __ ______ __ __ __ __
1 -__~_~~__~ bull i Anv other item with the ncrmission of the Chair
n __ __ Item 3 __ ~~bullbull_______ ~_________bull ______ __ ______ - _~~ ~~~ ~~bullbull _~~~ ~ __--J~_~ __
Discussion The Chair asked the Vice Chancellor to clarify that CLA T 2020 was likely to be r held on 7th September 2020 The Vice Chance lor confirmed that as per the i current schedule it was to be conducted on 7th September 2020 but the I Consortium tny choose to reconsider the date later I
i--~------- i-------~ --_---- ---------------_--- ---- ---- -- ---
Decision i
The Executive Council unanimously reconfirmed this resolution to empower i
the Vice Chancellor and the Jniversity to conduct an independent admission iL_ _________jJ~poundf~ipoundE~1Jt t~at C~~T 29Qis dela)~ecc fU~~t____~~_________
The Vice Chancellor thanked all the Members for joining the meeting and thanked Justice UU Lalit for chairing this important emergency Executive Council meeting
SdJshyRegistrar National Law School oflndia University Bangalore
RE~srRfl~ Mttcrpt iegt s~ vi ImF(l flriilitt
~amp9lc n01ty~$J~z1i ll~ilIIii ~~1a
ANNExurE R14 iT NATIONAL LAW SCHOOL OF INDIA UNIVERSITY
Post Bag No 7201 NAGARBHAVI BENGALURU - 560 242 (Old Code No 560072) INDIA
Talalax 080 - 2321316023160532535 Fax OBO - 2316 0534 Website WWWnlsac-in Email registrarnlsaci
Report of the BALLB(Honsl and LLM Admissions Committee 2020
Committee Members
1 Prof (Dr) Sarasu Esther Thomas Registrar 2 Professor Babu Mathew 3 Assistant Professor (Dr) Kaushik Basu 4 Assistant Professor Kunal Arnbasta 5 Assistant Professor Sanyukta Chowdhury 6 Nithya Rhea Rajashekar Advocate (Legal Advisor to the Committee)
A Objective
Since inception admission to the BA LLB (Hons) programme has been purely on the basis of merit as assessed through a common entrance exam The University conducted its own AIIshyIndia entrance examination until 2008 when the Common Law AdmiSSion Test was conceived In 2018 the Consortium of National Law Universities comprising the ViceshyChancellors of 22 National Law Universities was formed to establish a Permanent CLAT Secretariat for the conduction of the CLA T Admissions to the Universitys BA LLB(Hons) and LLM programme were also done on the basis of CLA T score
The Covid-19 pandemic has however caused unforeseen difficulties and delays in the conduct of CLA T 2020 The repeated postponement of the examination has resulted in uncertainty for students parents and the participating Universities NLSIU is uniquely disadvantaged as it follows a trimester system where every academic year is made up of three terms of 90 days duration Moreover each term must accommodate 60 hours of classroom instruction in each course and adequately provide for examination and evaluation processes Further the academic offering for the 3rd 4th and 5th year of the BA LLB programme as well as the LLM programme is fully integrated and requires a common academic calendar
Hence if NLSIU is unable to complete admissions before the end of September 2020 it will inevitably result in a Zero Year with no admission This will deprive law students of the opportunity to pursue their studies this year at Indias premier law university We are fully committed to ensuring that no student is denied the opportunity to study at NLSIU this Academic Year Hence NLSIU is compelled by the current circumstances to conduct a separate admissions process for the BA LLB and LLM programmes for the Academic Year 2020-21
This matter was considered at length at a Faculty Meeting at the University on August 6th 2020 where the Faculty unanimously resolved that NLSIU needed to take all measures necessary to avoid a Zero Year The Executive Council of the University at its 915t Meeting held in two sessions on August 12 2020 and 18th August 2020 met to consider the matter and unanimously resolved to authorize the University to develop an alternative admissions process in the event that CLAT 2020 was not conducted on September 7 2020
h fin stablished under Kamataka Act 22 of 1986
-tgg On August 28 the Executive Committee of the Consortium of National Law Universities postponed CLAT 2020 from September 7 to September 28 2020 Accordingly this Faculty
Sub-Committee was constituted by the Vice-Chancellor and tasked with formulating a revised admission procedure for the academic year 2020-21 with respect to the BA LLB (Hons) and LLM Programme (hereinafter referred to as Programmes)
B Options available before the Committee
1 Conduct an online entrance exam at identified centres across the country for all applicants
2 Conduct a home-based proctored online entrance exam for all applicents
3 Conduct a home-based proctored online entrance exam for applicants shortlisled as per pre-defined criteria
81 Committees decision regarding Option 1
As per expenditure estimates prepared by the University conducting an online entrance exam at identified centres across the country for aU applicants would cost Rs 4 crores Moreover under the given lime constraints it would be extremely challenging to organise the same Further a home-based online examination discussed in Option 2 and 3 below ensures that candictates do not need to travel to physical centres for an additional examination
Accordingly the Committee decided that option 1 would be unfeasible
82 Committees decision regarding Option 2 and 3
A home-based proctored online entrance exam for all applicants would not be feasible given the expected number ofapplicants (apprOXimately 20000+ for BA LLB and 5000 for LLM considering the late call) and the available funds of the UniverSity unless some minimum fee is charged from applicants If this is done we may make an open call
~Ihere no application fee is charged such an entrance exam is feasible for applicants
shorlisted as per pre-defined criteria Subsequent to the initial deliberations ofthe SubshyCommittee it was made known to the members that the procedure for admissions as finalised by Ihe Academic Council on December 12 1987 was that Admission to tile Law School would be only on the basis of the Written Admission Tes
The Committee discussed the available technology platforms for conducting homeshybased proctored online entrance examination with two vendors (Edchemy and Coshycubes The Commiltee also got in touch with Pearson Vue and NSEIT) A moreurogt exhaustive search may be undertaken by the University before making the choice of technology partner for the entrance exam
With respect to the application fee the University has tlllIO options - (i) to charge a nominal application fee (in the range of Rs 100 Rs 250) to recover part of the costs
111 (with the balance being met by the University funds) or (Ii to not charge any application fee While the CommITtee felt that (i) was ideal a final decision may be taken by the Vice-Chancellor in this regard depending on the final expenditure estimates of the entire admissions process and availability of funds with the University
Therefore having considered all the options it was concluded by the Committee that an online home-based entrance examination conducted for all appticants at the earliest and with the lowest possible application fee would be a fair transparent and accessible admissions process
C Committees recommendation regarding conduct of home based online proctored entrance examination
The syllabus of the examination should be as ctose as possible to the Common Law Admission Test 2020 so that candidates are not required to undertake any additional preparation for the NLS1U Entrance exam The following format was recommended by the Committee
Maximum Marks 80
Duration of the Exam 45 minutes
Question Type Multiple Choice Questions only
Marking Scheme 2 mark per correct answer
-050 marks per wrong answer
-025 marks per skippedunanswered question
Candidates will have to appear for the examination using a computer device with video and audio transmission available They should be informed in advance that the University would noi be responsible for any connectivity issues or failure of intemet connection during the examination
A mock examination should be held to familiarise the candidates with the technology plalform on which the examination will be conducted
There should be a protocol established to deal with potential malpractice since the examination will be attempted by the candidates in a home environment It is understood that the available technology allows for artificial intelligence enabled human proctoring of the examination Additionally the technology vendor will put in place software mechanisms to ensure that forms of examination malpractice will be detected and suitable action taken This should include but is not limited 10 restricting access to different online tabs on the computer audio detection continuous video streaming detection of multiple login attempts etc In addition to proctoring during the examination post hoc verification must be conducted on the besis of detailed logs and data records maintained by the human proctors and the available system records In cases of observed malpractice the candidates examination should be cancelled by the University
At the time of computation of final scores pest the examination if twO or more cajsobtain the sameuro marks a break of tie should be made by the following procedure and order (i Higher number of correct answers to Legal Reasoning Questions (if) Higher number of correct answers in the overall examinatiOn iii) ComputeriSEld draw of lets
n view of the fotegoing discussion on the available options the Vice Chancellor may take the
final deCision 01 the admissions procedure to be followed for the academic year 2020-21
rurfw~_iv___ j J u ----shy
Prof (Dr) Sarasu Esther Thomas Professor 8abu Mathew
Dr Kaushik Basu Mr Kunal Ambasta
Ms Sanyukta Chowdhury Ms Nithya Rhea Rajeshekar
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ANNEXURE R-Il4shy
Honble Justice ~1L U C Lalit Judge the Supreme COlit ofIndia ChairmalL Executive C ounci Xational Law School oIIndia 1Jlliversity
36 September 1010
Sub Decision of the Consortium of -iational Law Universities on 28082020 to postpone
CLAT2020
Honble Sir
Greetings from NLSIU Bangalore
The Comonium of National Law Uillversities of which NLSIU is a member has by its llorification dated 28 August 2020 decided to postpone the Conunoll Law Admission Test CLAT) poundiom September to 28 September 2020 The COVID-19 pandemic has caused llntOreseen diftkulties and delays ill the conduct of CLA T 2020 and the repeated postponement of the examination bas resulted in uncertainty for students parents and the participating llliversities
As you are aware the )JLSlU is uniqudy diadvalltaged as it 1011ows a trimester system where eVelY academIC year i made up of three terllls of 90 days duration Moreover each tel111must accollllllod1te 60 hours of classroom imuuctioll ill each comse anc adequately provide for examination and evaluation processes FUl1her the academic offerillg tOr the 3rd 4th and 5th yem of the BI LLB programme as weH as the LLM prograllulle is fully integrated and requires a COllllllon academic calendar Hence if]1-S1U is unable to complete admissions before the end of September 2020 it will inevitably result in a Zero Year vdth no admissions This will deprive law smdellts of the oppommity to pursue their shldies this year at Indias premier law university TheretOre 1-SIC is compelled by the current circumstances to conduct a separate admissions process for the BA LLB ane LLM programmes for the cademic Year 2020-21
This maHer was considered at length at a Faculty Meeting at the University on Augmt 6 2020
when the C onsortiulll postponed the exam from August 22no to September 7 2010 where the Faculty unanimollsly resolved that NLSIU needed to take all measures neeesalY TO avoid a ~Zero Year
Then the lllmtcr Va placed before you in the EXecmive COllncil at its 9 F meeting held 011 1211
August 2020 wherein it was unanimously resolved to authorize the University to develop an ~-
~ltern~tivc admissions process ill the event that CLAT 1020 WilS not conducted on September jh
2020
Accordingly the Vice Chancellor constituted a Faculty Sub-COlllmittee on August ~020 to denlop a revised admission procedumiddote The Sub-Colllmittee concluded that a common entrance test conducted online at the lowest possible application fee would be a 1aiL tn11lsparent and accessible admissiolls process 8t this The proposab of the Sub-Committee were dicllssed at a F ~cnlty Meeting held 011 31 August 2020 After taking into accollnt the suggestions and
revisiom as necessary the Revised Admissioll Notifications for the Academic Year 2020-21 for
the BA LLB programme and LLlvl programme haw been notified
The lniversity aims to initiate and complete the entire proces by mid-September and begin the Academic Term immediately thereafter While the reyisecl admissions process presents a mOllumental task the careers of the students who have worked hard for this opportunity remain
our top priority
The V ice-Chancellor and I will contlllue to apprise the Executive C ouneil of these developments
and ve thank you for your SUppOl at this time
Sincerely
Prof (Dr) SraSll Esther Thoma
Professor of Law and RegistIar liLSIC tvlember Secretary Executive Council
Copy to (1) Members ofthe Execntlye CounciL NLSIlJ (2) Vice-Chancellor NLsn
-
1)pound0pound flt 15 ct
The Faculty
KltIional Law School oflndia University B8ngillolc
3 September- 2020
Sub Decision of the Cousoltiull1 ofKational Law Universities on 28082020 to postpone CLAT 2020
Dear all
~s you are aware the COllsorriulll ofKntiona Law Clliversities of which NLSIC is a membeL has by its notification dated 28th ugnst 2020 decided to postpone the COllllllon Law Admission Test (CLAT) Hom 7 September TO 28 September 2020 The COVID-19 pandemic has caused
uuforesen difficulties and delays in the conduct of CLAT 2020 and the repeated postponement of the examination has resulted ill uncertainty for students parents and the participating
Cuiversities
At the Faculty deeting at the liuivelsity on August 6th 2020 the mailer was considered at
length when the CLA T 2020 wa postponed fiom Angust 2211d 2020 to September 7th 2020 and need to avoid a delayed cademic Term was discllssed NLSlli is lllliqueiy
disadamaged as it follows a nilllestersystem where eely academic year is made up of three
Tenns of 90 days dmmion ldoreover each term 1ll1lSt accommodate 60 hours of classroom illSh11Ctioll in each course and adequately provide tOr examination and evalnation processes
FunheL the aCBdemic offering tor the 3rd 4th and 5th year ofThe BA LLB programme as well
as the LL2gtI programme is fully integrated and requires it COIlllllon academic calendar Hence if NLSlt is unable to complete admissioIlS before the cud of September 2020 it wil iueitably result in a Zero Year with no admissions that deprives law students of the opportunity to pursue their smdies l11i year at Indias premier law university At this meeting the Faculty Imanimously
resolved that NLSIC needed to take all measures necessmy to avoid a Zero Year
Tllereatler the matter was also placed before the Executive Council at its 91t meeting held on
12 August 2020 wherein it was ullanimously resolved to aurholize the University to develop an altemmive admission process in the event that CLAT 2020 was not conducted all September
2020 Therefore NLSlt is cOlllpdled by Ille current cncumstances to conduct a separate admissions process for the B LLB and LLM progrmnmes for the Academic Year 2020-2 L
Accordingly the Vice Chancellor constilllted a Faculty SubmiddotCommittee on 28 August 2020 to
develop a revised admissions procedure The Sub-Commirree concluded that a common ntlance test conducted online at the lowesl possible application fee vould be a fair
lransparem and accessible admissions nrocess at this stage The pro])osals oftlle Sub-Committee - - ~
were discussed at the Facultv Meetimr held on31 Augnst 2020 Afler taking-
into aCCOllll the ~
snggestions and revisions as llece~sm) the Revised AdmJion otificarions for the Academic
Year 2020-21 for the BA LLB programme and programme have been notified on the Cniversity Yeb~ite
The Cniversit aims to initiate and complete the entire process by mid-September and begin the Academic Term immediately thereafter While the reised admissions ploce presents a monumental task the careers of the students who 1mve worked hard for this opportunity remain
our top priority
The Vice-Chancellor and I shall continue to apprise the Faculty of the developments and we thank you for yom SUpjlOlt al this time
Sincere
Prof (Dr) Snmsu Esther Thomas Professor of Law and Registrar ]LSn
ltlember Secretary Executive Council
Copy to (1) Member offacuIty NLSlli
(2) Vice-ChallCellQL NLSIC
~) rRua (IPYshy
JNNEPCUJlpound R-Jb 8
Tlle PI ident
ConSOl1iUlll ofltational Law Cmverities
3 September 2020
Sub Decision of the Consortium dated 270820 to postpone CLAT 2020
Dear Prof VijaykumaL
Guering ilOlll LSru Bangalore
The COVID-19 pDlldemic has caused unforeseen difficulties and delays in the conduct of CLAT
2020 The repeated postponement of the examination has reulred in ullcel1ainty for students
parms and the pmticipating Cuiverstie
LSIl is uniquely disadnmaged as it follows a trimester system where evelY academic year is
made up of three tenlls of 90 days dmation rIoreover each term must accollllllodate 60 hours of classroom instruction in each course and adequately provide for examination and evaluation
processes Further the academic offering for the 31d 4th and 5th year of the BA LLB
pro~ml1111e as well as the LLrl progrmllllle is fully integrated and requires a common academic
calendar
Hence if ll_SIU is unable to complete admissions before the end of September 2020 it will
inevirably resut in a Zero Year with IlO admissions This deprives law sludents of the
opportunity to pursue their mdies tills year at Indias premir law university Therefore ](LSIU
is compelled by the ClliTem circumstance to conduct a separate admissions process for the BA LLB and LLM programmes for the gtcademic Year 1020-21
This matter was considered at length at a F acuIty lHeeting at the Cuiversiry on August 6th 2020 where the Faculty unanimously resolved that NLSIC needed to take all measures nec6sary to avoid a Zero Year The Execmive COllllcil ofte Cniversity the 91s1 EC meeting held in two
sessioLlS 011 12th Ausmst 2020 and 1 Stl August 1020 considered the maner and unanimously- ~
resolved TO authorize the University to develop 0Jl altemative admissions process in tile evem
tlwt CLAT 2020 was not conducted on September 7th 2020
On August 28th the Executive COlllmittee of the COllsortiull of National Law Universities
postponed CLAT 1010 from September 7th to September 28th 2010 III these circulIlstances
NLSIU is compelled to conduct a sepmate admissions process forthe Academic Year 2020-2 L
I reiterate that NLSIU will continue to discharge all its responsibilities as a Founder )middotlember of the COllS011iulll Rncl the Vice-Chancellor in his capacity as ex-officio Secretary-Treasurer shall
extend all necessary SUppOH to the Consortium for the SUCCessful condlct of CLAT 2020 at the
earliest possible date
I am continuously available to clarify any of these developments on the email and the phone e
request yon to take all necessalY steps 10 connmlllicale this to all students who have registered for CLAT 2020 as we lllUICt conduct the admissions process with the least possible
disl1lptioll
Sincerely
Sarasu E1her Thomas Registrar NLSIC
Copy to
(1) vIr Bahaj Chaul13ll CLA T COllvenor (2) Members of the Consortium
~~~2
ROE c Flyshy
AIIIIIIpound1CtfJa R-jrr ~ATIO~AL LAW SCHOOL OF LiDH t7~IVERSITY BEGAIXRl I0 0
PROCTORING PROTOCOLS
THE KATIONAl LAV APTITlDE TEST 2020
NLSIF uims TO ensure that the NLAT 2020 is an accessible smdem-triendly examinmion registered candidares are required TO follow the highest standards ofacademic integrity while raking the res The Proctol1ng Protocols to monitor the examination process are sel om below
middotmiddotmiddotmiddotmiddot~-middot~rmiddot~middotmiddotmiddotmiddot-~middotmiddot-middotmiddotmiddot~middotmiddot ------~~
50 lIalpracticf Ownersbi]l PradoI Ation
1 I111pcfsonation Proctor L Record Malpractice I
~(determined at of _ Do not allow the impersonator to starr candidate validmion the xmninatioll prior to cxanllmnion 3 For PWD candidates both the commencement) candidateS and scribes GOV1 Photomiddot
I ID must be verified bull
2 Inappropriate Proctor Proctors will send a message to such surroul1dings ar teSC candidates Please sweep th canlra location External help ill a circle around me place you are solicited (suspected) taking the assessment and i or (Someone otiler than Please tilt rhe devicemiddot keyboard you pennitted scribes are using for the assessment)present in the vicinitv
1 Candidates to show 8 360-degree view candidate looking ill of the emire room by mming on a mher directions webc8m (Iapmpsidesktopsl or fromcontinllollsly
periodically candidate camera (as directed by proctor) talking communicating (mobile devices) tilt the device
Iin any other manner keyboard as instrUCTed dlh SOIlleone other thrill 3 If any 1llla1lthorised person or penllired scribes unauthorised device is observed in the
candidateS vicinity including but not limited to person(s Othef than permitted scribes HDMI cabies extemal devices projection of the feSt screen etc proctors m terminate the candidates examination attempt
I inUlledlately
4 If the proctor observes a phone rabler other device falling slipping when the device keyboard used for the assessment is tilted proctor to terminate the exam immediately
5 Any candidate who fails to comply with the proctors instruction within 45 seconds will be logged OUl of the examination ProcmfS may permit 10 additional seconds in simations where they ill Ildr ciretiol1 determine that
10 ~-()
3
4
5
6
s
~IaljJractke
T alkingiS peaklngJvIaki ng Gestmes (could include gestures that indicate to the proctor candidate may be using another demiddotic~middotmiddot looking at chat applications InirrofJ other screen etc ) VindQw ~ u (Accessing any other window other than the test vinoo)
I
Lac Face not Detected (Candidate not present in front of systenl)
-fllltipJe persons detected
i Foreign Device Observed (~vlobileT ab letsCa leuia tors etc)
Candidates observed
II OwnerSlliL I
Proctor l
0_
3
Systell1 Ii
0_
Proctor l _
3
LProctor _
3
Proctor i
Proctor L
P~()ct()r Actim the candidate may 110t hay noticed l11essages i1-0111 the proctor in the course of anc~llpting the exarlination Send tlyo yarnings m the cnndidare If a candidate persists with this be11ayio1[ the procmf shalt inform tbe Super Proctor Super Proctor may recommend t11m candidates should be conracted through the system for clarification or disqualified
Candidate will be loggerl our of the -xal - middotl1hafmiddoto~h at~middot1 c1 _ ~UCh - ~ 1 dllC1UY I
accounts for occasional 0Jc~m popmiddot ups Inacyertent errors)
Proctor may issue to candidates when the first tiw attempts afe detected
Send one warnjl1~ If the candidate does nor reUlrn within 45 seconds tennlnate the candidates examination attempt immediately Proctors Jllay permit 10 additional seconds in situations Where they in theit discretion determine that the candidate 111ay not hay noticed
--warning messages 110111 the proctor in the conrse of Jttempting the examination Send one vaming to the candidate
~~~~
If the other person does not leave imrnediatcly tenninatt the candidateS fxaluination rmempt immediately Proctors shall when comempla ring the abo1e actions account for a PVD candidmes fhm may be
_cHsing b Candidates that mav be 3D faring~p
for the exarnination at test centres
Send one wamin to the candidate If the candidate still persists terminate the candidate5 ~xalnination attempt immediately Send one to the candidate
7
i f--
S~o r HalpnKtke OWllerlthiJ Acflim
Headphones Blueworh _ Check if the candidate is only using it Audio devices for microphones purposes fle
plugged into systel11 as an external 3uaclled microphone bur candidate is not wearing earptcef h~adset)
o If the candida does nor comply with
the proctors instructions rermilk1te the candidate s examination attempr I immediarely_- ----+-_--shy
9 Simulmn~ou5 login Proctor L Proctors will observe rhe picmres of nne1l1pts 11mlriple candidates fr01l1 all such dcices
~0 _ If ir is observed rhar someone other rhan the candidate is using snell other d~vic~s proctor to renuinme the exafn immediately
3 If a candidate is observed on all snch Ideices proctor will flag the issue for
the Super Proctors anenrion Super Proctor nlay recoffilllend that
Ibull bull
candidates be contacted through the system for claritlcarion or disqualified Further investigation posr the examination may be carried out with help of audit togs generated on the SYSTem and lLSIU may disqualify the cundidllle upon such I eXaJlJnation
10 Any other malpractices Proctor Super Proctors Super Proctors may in nor describe above Proclor addition to situations where Proctors
Super Proctors detect any potential malpracrices as described above ask the candidate to perform any of the aceions described ill this column titied Proctor Action at any lime and tU
their discretion III addition to the demits set om in
these Prorocols~ the Super Proctors shall haVe the authoriry 10 disqualify a candidate terminate the candidate S examination attempr in the event they detect any act or onssion that docs nol comply with the requiremems of inregriry of a test of the llamre of the -LAT 2020
~OTES
j Instructiolls will provided to candidates on the rest screen as well as in advance of rhe examinarioll in a Candidare MannaI in relation to sinrariolls such as power ems internet
3
lo~ faiiures The assessment system used for the NLAT ~020 may permit the candidate to continue ansrering the question paper In events of internet failure hoyever this is subject to the Proctors discretion and subject TO the candidate system re-connecting to the examination interface it11i11 the rhlle and in the l11anner stipnlated ill the Oll~$creell instmctions and the Candidate ManuaL lilile every attempt shall be made to ensure that commullications instructions and requests promptly are delhered to candidates during the examination process candidates shall have the responsibility to ensure that they respond to such communications messages instructions and requests promptly
3 NLSIU reserves the right upon conducting a derailed and thorough sCl1lriny ofrhe system reports generated for short1isted candidates after the exanlination to any such candidates test scores in the event the system reports in KLSICs opinioll reveal any act or omission tllat does no comply 1rh the req1irements of of a res of the namre rhe NLAT 2020
4 NLSIU rnay re-iey update these Protocols at any tilne prior ~o the exarninarlon at discretion All registered candidates shall be Infof1ned of such elSlOllS l1pcla~s prior ro time of their examination
0-+ A~exURR-IebullNATIONAL LAW SCHOOL OF INDIA UNIVERSITY
Post Bag No 7201 NAGARBHAVI BENGALURU bull 56C 242 (Old Code No 560 (72) INDiA
T6efax OSQ 2321 31602315 Q532 535 Fax 080 2316 0534 Website VhOIS(1CT EmaM
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1i1I Jur lh- liPL Ll 1 I 2u~o gtlJhitbLlt Hi
J A University for Lega Studies and Research sponsored by the Bar Council of IndJa and established under Karnataka Act 22 of 1986
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
IN WRIT PETITION (CIVIL) NO1030 OF 2020
IN THE MATTER OF
RAKESH KUMAR AGARWALLA amp ANR PETITIONERS
VERSUS
NATIONAL LAw SCHOOL OF INDIA UNIVERSITY
BENGALURU amp ORS RESPONDENTS
APPLICATION ON BEHALF OF RESPONDENT NO1
SEEKING EXEMPTION FROM FILING DULY ATTESTED
ORIGINAL COUNTER AFFIDAVIT
TO
THE HONBLE CHIEF JUSTICE AND
OTHER HONBLE JUDGES OF THE
HONBLE SUPREME COURT OF INDIA
THE HUMBLE APPLICATION OF THE
RESPONDENT NO1 ABOVE NAMED
MOST RESPECTFULLY SHEWETH 1 That the respondent No1 is filing the accompanying Counter
Affidavit of its authorized representative in the present matter
2 That the Respondent No1 craves leave of this Honble Court to
refer to and rely upon the contents of the accompanying countershy
affidavit
loi 3 That due to the situation prevailing on account of corona virus
pandemic the authorized representative of the respondent No1
is unable to get her Counter Affidavit duly attested f notarized
Accordingly the respondent No1 is constrained to file the nonshy
attested signed affidavit in support of the present countershy
affidavit
4 That in the light of the above-mentioned facts and circumstances
which are beyond the control of the Respondent No1 it is
imperative that the Respondent No1 is exempted from filing the
duly attested Affidavit in support of the present counter-affidavit
5 That the present application is made bonafide and deserves to be
allowed in the interest of justice
PRAYER
It is therefore most respectfully prayed that this Honble Court
may graciously be pleased to allow this application and
(i) Exempt the Respondent No1 from filing of the duly attested
original Counter Affidavit and
(ii) Pass such order(s) as this Honble Court may deem fit and proper
in the facts and circumstances of the present case
AND FOR THIS ACT OF KINDNESS THE APPLICANTS AS IN DUTY
BOUND SHALL EVER PRAY
FILED By
~ (KUMAR DUSHYANT SINGH)
ADVOCATE FOR THE RESPONDENT No1 FILED ON 14092020
ItJ1
iN SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
IN WRiT PETITION ViL) NO1030 OF 2020
rnON[HS
VERSlS NnOiIL LNV SCHOO GF INDiA UrJ1VERSiTY
l~G Ul-ZU amp OFS
AFFIDAVIT ) fhO[vlS fv1L Nt Thornas
years at Faculty Quarters Block 2 National ind Nagarbhavi Bengaluru 560072 do afffr and statG on oath as under
the Respondent NO1 in the present
VJith of the case and
affirrn to this affidavlt
2 the contents of accompanying application exenlption are
true correct ~o my Knowledge and belief nOthing rrt3hrial
llas concealed ti
VERIFICATION
at Bengau(u on)~ cay of September 2020 that the
contents of above affidavit are true and correct to my knOWledge and
and nothIng rnateria has concealed therefrom
1 IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
IN WRIT PETITION (CIVIL) NO1 030 OF 2020
IN THE MATTER OF
RAKESH KUMAR AGARWALLA amp ANR
VERSUS
NATIONAL LAW SCHOOL OF INDIA UNIVERSITY BENGALURU amp ORS
PETITIONERS
RESPONDENTS
COUNTER-AFFIDAVIT OF RESPONDENT NO1
I Prof Sarasu Esther Thomas daughter of Mr AM Thomas
aged about47 years residing at Faculty Quarters Block 2 National Law
School of India University Nagarbhavi Bangalore - 560 072 Registrar
of the Respondent No1-University (NLSIU) solemnly swear on oath
and state as follows
1 The above Writ Petition is not maintainable is without merits and
liable to be dismissed in limine
2 The above Petition is filed calling in question the decision of
NLSIU to hold an admissions test called National Law Admissions
Test 2020 (NLAT 2020) for selecting candidates to join the five-
year BALLB (Hons) undergraduate programme and one-year
LLM postgraduate programme
3 NLSIU submits that the above Writ Petition is liable to be
dismissed for the following reasons
a The Petitioners lack focus standi to maintain the present
Petition
b The decision to implement NLAT 2020 is entirely justified in
the facts of the case and is in the public interest and in the
interest of students at large because implementation of
NLAT 2020 is the only way to avoid a Zero Year where
students will lose the opportunity to join NLSIU in the
current academic year
The academic year at NLSIU must be of at least 285 days
duration for reasons more fully explained herein below
The academic year for the incoming batch of first-year
students for the Academic Year 2020-21 will fall short of
285 days if NLSIU does not complete admissions by
18092020
Therefore postponement of CLAT 2020 from 07092020 to
28092020 rendered completion of admissions to NLSIU
and commencement of term by 18092020 impossible To
ensure that students aspiring to join classes in Academic
3 Year 2020-21 were not consequently denied the
opportunity to study in NLSIU NLSIU implemented NLAT
2020
c The implementation of NLAT 2020 is also permitted under
and in accordance with applicable law As per the NLSI
Act the Executive Council is the Chief Executive Body of
NLSIU The Executive Council has categorically authorised
the Respondent No1 conduct its own admissions process
The impugned examination NLAT is held pursuant to the
said categorical and unanimous decision of the Executive
Council
Further the Memorandum of Association and Bye-Laws of
the Consortium of National Law Schools which conducts
the CLAT exam do not prohibit a member from conducting
its own admissions test to determine admissions especially
when CLAT is not held by the Consortium In any event
even assuming without admitting that the Bye-Laws do not
permit it the same would result purely in a dispute amongst
members of Consortium and cannot be urged in this Writ
Petition
Re Maintainabilitv
4 The Petitioner No1 claims to be the father of an aspiring law
student However absolutely no materials are placed on record to
depict the said fact Further it is neither averred that the child of
the Petitioner No1 is a minor nor is any material or evidence
depicting his I her minor status placed on record As such the
Petitioner No1 has no right to move the Petition on behalf of his
child
5 Pertinently no student has himself or herself filed any
proceedings calling NLAT 2020 in question before this Honble
Court
6 The Petitioner No2 is the Chairperson of a private law college
viz Vivekananda Institute of Professional Studies Every
institution imparting legal education in the country has an interest
in the outcome of the present litigation The above college is not a
member of the Consortium and Petitioner No2 is not aggrieved in
any manner It is also sad that the Petitioner No2 having been
the Vice-Chancellor has chosen to file this writ petition knowing
28thfully well that holding the exam tentatively on September
would have resulted in a complete washout for NLSIU On the
5 other hand the other 21 colleges would not be affected as they
follow a semester system
7 Without prejudice to the foregoing preliminary contentions
regarding maintainability NLSIU craves leave to submit
regarding the merits of the matter as follows
RE FACTUAL BACKDROP RELATING TO NLAT 2020
Brief Background regarding NLSIU
8 NLSIU is established pursuant to a joint initiative of the Honble
Judiciary the Bar Council of India (BCI) and the Karnataka Bar
Council with a view to create a premier institution of legal
education in India It was set up by the National Law School of
India Society established by BCI Trust as a society under
Karnataka Societies Registration Act 1960 comprising members
of the Bar and legal academics to establish a leading national
institution for legal studies The said society approached the
Government of Karnataka to host the school in Karnataka The
State of Karnataka agreeing to such request enactedthe
National Law School of India Act 1986 (Karnataka Act No22 of
1986) for this purpose (NLSI Act)
9 NLSIU which was established as an autonomous national-level
institution under the NLSI Act is now recognized globally as the
premier institution for imparting legal education in the country to
students from India and overseas
10 NLSIU at present offers the following courses of legal study
a five-year undergraduate programme leading to the award of
BA LLB (Hons) degree
b one-year postgraduate programme leading to the award of
LlM degree
c two years Master of Public Policy post graduate
programme and
d Ph D I M Phil Research Degree programme
11 NLSIU carries out its functions autonomously regulated by its
governing bodies under the NLSI Act in consonance with the
professional legal education standards prescribed by the BCI In
exercise of its said autonomy NLSIU defines its own pedagogy
and the structure of the courses of legal studies to be offered by
it as also various structural elements such as its academic
calendar faculty intake and capacity etcetera
Brief Background regarding Historv ofAdmissions to NLSIU and Genesis of eLA T
12 From inception NLSIU has had autonomy in determination of its
admissions process The mode of admission into the University
was originally fixed by the Executive Council in its first meeting
dated 29081987 to 30081987 wherein it was decided as
follows
I The draft proposal of the Academic Council to Actions have the selection of the students done through will be an All India admission test and interview was taken as approved The procedure for admission Test per the and the selection may be decided by the decision Academic Council and implemented by the of the Director However the Executive Council Executive disapproved the recommendation of the Council Academic Council to pay one-way second-class train fare to the students called for the interview
The Council noted the sample objective type question paper presented by the two experts on the request of Professor Upendra Baxi However the matter for finalizing the test was left to the Academic Council and the Director The Council noted the format of admission Test provided by MIs RC Mishra and CB Dwivedi of Banaras Hindu University as the instance of Professor Upendra Baxi
True Copy of the relevant extract of the Minutes of the First
Meeting of the Executive Council is annexed herewith and
marked as ANNEXURE-R-11 (Page No l-40)
13 Pursuant thereto the Academic Council of NLSIU met on
12121987 and resolved the final procedure for admission True
Copy of the minutes of the meeting dated 12121987 is annexed
herewith as ANNEXURE-R-1I2 (Page No 51)
14 Until 2007 NLSIU was conducting its own entrance examination
for admissions into its various programmes Pertinently even till
date NLSIU continues to conduct its own admissions process for
the MPP programme and Ph D programme mentioned in
paragraphs 1 O(c) and 10(d) above
15 In or around 2007 in the backdrop of proceedings before this
Honble Court in Varun Bhagat v Union of India and Ors
wP(C) No 68 of 2006 a meeting of the (then-existing) seven
National Law Universities was convened by the Ministry of
Human Resource Development to consider implementation of a
joint entrance examination for admission to the said NLUs The
seven NLUs entered into an MOU to conduct a common test
J known as the Common law Admission Test (ClAT) It was
agreed that each participating University shall conduct the exam
by rotation The matter of adopting such a common entrance test
was also deliberated by the Executive Council of NlSIU in its
meetings dated 27012007 and13052007 wherein the
Executive Council directed that NlSIU should ensure it plays a
lead role in implementation of such common entrance test True
Copy of the minutes of the meeting of the Executive Council of
NlSIU dated 27012007 is annexed herewith and marked as
ANNEXURE-R-113 (Page No +)
True Copy of the minutes of the meeting of the Executive Council
of NlSIU dated 13052007 is annexed herewith and marked as
ANNEXURE-R-114 (Page No S 16 Thereafter the ClAT process itself was called in question before
this Honble Court in two separate proceedings ie Shamnad
Basheer v Union of India WP(C) No 600 of 2015 and Disha
Panchal v Union of India WP(C) No 551 of 2018 In Disha
Panchars case where grievances relating to ClAT 2018were
raised this Honble Court directed the Ministry of Human
Resource Development to appoint a Committee to investigate
1o CLA T 2018 suggest remedial measures and look into future
arrangements for the exam and this Honble Court also observed
that the idea of different NLUs conducting the exam each year
needs to be revisited In Shamnad Basheers case four issues
were raised regarding CLAT namely (a) the decision of the
Universities to conduct the exam in turn by rotation (b) the
quality of the exam itself (c) the integrity of the exam and (d)
issues relating to accessibility particularly amongst
underprivileged segments of society
17 The concerned NLUs in this backdrop and independently of any
directions of the Honble Courts in the said proceedings resolved
to establish a Permanent CLAT Secretariat at NLSIU Bangalore
by incorporating a registered society namely the Consortium of
National Law Universities A plain reading of the Memorandum of
Association and Bye-Laws of the Consortium clearly
demonstrates that the objectives and purposes for which it was
formed were multifarious in nature and not restricted to
conducting the entrance exams The concerned NLUs further
decided that the said society would be responsible for conducting
the exam under the leadership of the Consortiums Executive
Council Based on the said decision the Respondent NO3 (the
Consortium) was formed as a society under the Karnataka
Societies Registration Act 1960 NLiSU was given a central and
prominent role in the Consortium and it was decided that the
Secretariat would be permanently located at NLSIU Bangalore in
order to address the concerns raised in Shamnad Basheers
case
18 The Petitioner in the said case however(relying on an Expert
Committee Report submitted in Disha Panchals case
recommending that a government agency be mandated with
conduct of CLAT sincemiddot rotation-based implementation by
individual colleges was undesirable which Report had been
submitted prior to constitution of the permanent Consortium
Secretariat) pressed for the National Testing Agency to be
entrusted with conducting CLAT This Honble Court vide its
latest Order in the above proceedings dated 28112018 directed
the Ministry of Human Resource Development to convene a
meeting amongst the stakeholders to consider this prayer True
Copy of the order dated 28112018 in wp(C) NO600 of 2015
12 titled as Shamnad Basher Vs Union of India is annexed
herewith as ANNEXURE-R-1f5 (Page No amp-I-J) However thereafter there have been no further proceedings in
the said case
19 As is clear from the foregoing establishment of the Consortium
and CLA T were purely voluntary decisions taken by the
respective NLUs pursuant to deliberations amongst them and in
order to resolve issues and concerns that had been raised by
various stakeholders including in the afore-described
proceedings before this Honble Court Further and specifically
to the best of the Answering Respondents knowledge - and on a
perusal of the various Orders of this Honble Court in the
aforesaid proceedings- it is crystal clear that this Honble Court
did not issue any directions to establish or implement either a
common law entrance exam or a Consortium of National Law
Universities In fact even the Petitioners do not rely on any such
Orders
20 The voluntary nature of participation in the Consortium and
consequently CLAT is also established by the fact that the Bye-
Laws of the Consortium itself provide for voluntary withdrawal
13 which could never have been permitted if the Petitioners
contention that it was the result of Orders of the Honble Court is
correct
21 NLSIU as a party to the deliberations amongst the NLUs
described above has been at the forefront of implementing
CLAT and also taking continuous measures to enhance and
improve the CLAT admissions process right from the inception
and till date
Events relating to CLAT 2020 Inordinate Delay in Holding CLA T 2020
22 Even for the Academic Year 2020-21 NLSIU actively partiCipated
in the announcement and implementation process of CLAT 2020
23 As per the original schedule for CLAT 2020 the exam was to be
conducted on 10052020
24 However starting from March 2020 and thereafter the
Consortium resolved from time-to-time to reschedule the CLAT
2020 due to the COVID-19 pandemic as follows
Date of decision to Rescheduled Rescheduled Decision reschedule from - Date to- Date taken by
21042020 10052020 21062020 General Body
18052020 21062020 To be notified Executive Council
14shyI
29062020
05082020 I
10082020
28082020
NA
I
22082020
NA
07092020
22082020
To be notified
07092020
28092020
Executive Council
Executive Council
General Bodv
I Executive bullCouncil
25 As is clear from the foregoing CLAT 2020 which was originally to
be held on 10052020 now stands delayed by more than four
months to 28092020
26 The aforesaid decision to postpone CLA T 2020 to 28092020
would have compelled NLSIU if it were to rely on CLAT to
complete its admissions to declare a Zero Year ie forgo
admissions into the first year of its BA LLB and LLM
programme for the reasons explained hereafter
27 NLSIU amongst 23 NLUs is the only NLU which maintains a
trimester system-based academic calendar The trimester system
is implemented as per the decision of the Executive Council of
NLSIU in its 4th meeting held on 11091988 The Executive
Council in the said meeting decided that each Academic Year
shall be divided into 3 academic terms of mandatory 70 working
days each True Copy of the relevant extract from the Executive
S Committees Resolution dated 11091988 is annexed herewith as
AN N EXURE-R-1 16 (Page No J)
28 The requirement to hold mandatory seventy working days in each
trimester rests on the fact that NLSIU offered a novel integrated
five year dual-degree programme that would otherwise take six
years to effectively deliver In this backdrop in order to comply
with applicable UGC guidelines and justify a five-year
programme the University devised a trimester-based model
which could sustain the additional workload and justify the five-
year timeframe The same therefore necessarily requires an
academic year to be at least 285 days long (even if the usual 15
days break at the end of each term required for evaluation and
analysis is reduced to 5 days) A detailed note explaining the
aforesaid timeframe required for completion of an academic year
are annexed herewith as ANNEXURE-R-17(Page NOT~
29 Therefore the requirement to complete 285 days in the Academic
Year 2020-21 coupled with the requirement to start the next
academic year (2021-22) on 01072021 meant that NLSIU has
to start its first-year classes for the Academic Year 2020-21 by no
later than 18092020
I 30 Pertinently the impact of delays in CLAT on academic calendars
is not only real but also felt by other institutions For example
Nirma University which conducts its LLM programme on the
basis of trimester system was constrained to withdraw from
CLAT 2020 due to the delays in conduct of the same True Copy
of the Communication of Nirma University to the Registrar of
NLSIU dated 12092020 is annexed herewith and marked as
ANNEXURE-R-1S (Page NO-=t-)
NLSIUs Efforts to Complete Admissions through eLAT 2020 Process
31 NLSIU in view of the need to complete admissions and
commencement of the course by 18092020 made substantial
bona fide efforts to convince the Consortium to facilitate the
conduct of CLA T 2020 in a timely manner
32 The Respondent No2 has in his Counter-Affidavit laid out the
efforts made by him to avoid postponement of CLAT 2020 NLSIU
adopts the averments made in this behalf in full True Copy of the
table prepared by the Respondent No2 and produced in his
Counter-Affidavit describing the said efforts is annexed herewith
as ANNEXURE-R-19 (Page No i1f~
33 Further in light of the repeated delays when CLAT 2020 was
postponed on 28082020 to 07092020 NLSIU also proposed
several alternatives to the Consortium which would enable
universities to complete their admissions within the timeframe
required whilst leaving it open to members if they so choose to
delay their admissions process The options furnished were (a)
for NLUs to proceed with their own admission process for 2020shy
21 (b) allow for CLAT 2020 to be conducted in two series so that
Universities may choose an earlier or later date and (c) for NLUs
to admit CLAT-enrolled students to appear for separate exams
conducted by the NLUs with no further need for registration or
fee payment However the members of the Consortium did not
agree to any of the alternatives suggested Subsequently on
10082020 the General Body of the Consortium met and
decided to hold CLAT 2020 on 07092020 If CLAT 2020 was so
held it would have enabled NLSIU to complete the admissions
process in time to meet the requirements of its academic
calendar
Faculty and Executive Council Decision re Alternative Admissions Process Announcement of NLAT 2020
34 The Faculty of NLSIU at their meeting dated 06082020 had
considered a short presentation made by the Registrar of NLSIU
on the effect of the postponement on NLSIUs admissions cycle
and academic year and noted the dangers of a Zero Year
including loss of talent to the University loss of opportunity by
students to study at NLSIU and monetary losses over 5 years
The Faculty in this backdrop unanimously resolved that NLSIU
needed to take all measures necessary to avoid a Zero Year
True Copy of minutes of the faculty meeting dated 06082020 is
annexed herewith as ANNEXURE-R-110 (Page NOI)
35 As the continued delays in CLAT 2020 would frustrate NLSIUs
academic calendar the Executive Council at its 91 51 Executive
Committee meetings dated 12082020 and 18082020 resolved
and directed the University to implement an independent
admissions process if the CLA T 2020 was further delayed beyond
07092020 True Copy of the draft minutes of the 91 s1 Executive
Council meetings dated 12082020 and 18082020 is annexed
herewith and marked as ANNEXURE-R-111 (Page NO +- tamp)
Efforts taken to Implement NLA T 2020 Effectively with Engagement of All Stakeholders
36 NLSIU being left with no other alternative had to act with alacrity
to complete the admissions process and commence classes by
18092020 and avoid a Zero Year
37 In this backdrop and pursuant to the directions and instructions of
the Executive Council at the meetings dated 12082020 and
18082020 to devise alternative methods to complete
admissions the Respondent No2 convened a Admissions
Committee to consider the modalities for completing admissions
The Admissions Committee considered three options for
admission for incoming students First a centre-based computer
entrance examination Second a home-based online examination
for all students and Third a three-stage process providing weight
age to 10+2 marks online entrance examination and an
interview
38 The Admissions Committee in weighing the feasibility of the
aforesaid options took into account all relevant factors including
the time constraints and costs the requirement to ensure that
candidates are not put to any undue disadvantage as a result of
the decision and also the prevailing practice of NLSIU prior to the
introduction of the CLAT to conclude that an entrance test
conducted online at the earliest and with the lowest possible
application fee would constitute the most fair transparent and
accessible admissions process in the above circumstances The
Admissions Committee expressly noted that the said approach
would be in line with the decision of the Executive Council in its
meeting dated 28081987-30081987 as also the subsequent
decision dated 12121987 of the Academic Council whilst
implementing the aforesaid view of the Executive Council (which
decisions are more fully described hereinafter)True copy of the
Report of the Admissions Committee is annexed herewith and
marked as ANNEXURE-R-112 (Page No S=J) 39 On 31082020 NLSIU convened a Faculty Meeting and the
proposals of the Admissions Committee were duly deliberated
and accepted The Faculty unanimously agreed that a separate
admissions procedure would be in the best interests of the
students and NLSIU True Copy of the minutes of the Faculty
2 Meeting dated 31082020 is annexed herewith and marked as
ANNEXURE-R-113 (Page N0-11)
40 Pursuant thereto the Vice-Chancellor formed a team consisting
of faculty members and professionals to finalize the modalities of
the examination and also appoint after evaluation the
appropriate service providers to facilitate the conduct of the
examination
41 Thereafter once these actions were completed by the said team
and the modalities were frozen the Respondent No2
communicated I caused to be communicated through the
Registrar the final arrangements to the Nominee of the
Chancellor the Executive Council the Faculty of NLSIU and also
the Consortium itself The details regarding the same as also the
conversation between the Respondent No2 and the nominee of
the Chancellor of NLSIU are averred by Respondent No2 in his
Counter-Affidavit NLSIU craves leave to adopt the said
averments True Copy of the Communication dated 03092020
regarding NLA T 2020 issued to the Nominee of the Chancellor
and Executive Council members is annexed herewith as
ANNEXURE-R-114 (Page No ~V
True Copy of the Communication dated 03092020 regarding
NLAT 2020 addressed to the Faculty of NLSIU is annexed
herewith as ANNEXURE-R-115 (Page No -1) True Copy of the Communication dated 03092020 regarding
NLA T 2020 addressed to the Consortium of National Law
Universities is annexed herewith and marked as
ANNEXURE-R-116 (Page No It)
42 Therefore the decision to hold NLAT 2020 was notified on
03092020 only upon completing the processes described
above and with due and full disclosure to internal stakeholders
the Executive Council as also the Consortium itself
43 It is in the above factual backdrop and pursuant to permission
granted by this Honble Court in its Order dated 11092020 in the
above proceedings that NLSIU has implemented NLAT 2020 with
a view to avoid declaring a Zero Year
RE LEGALITY OF NLAT 2020
Re Statutory Power of NLSIU to Convene NLA T 2020 Scope of Executive Councils Powers under Statute
23 44 NLAT 2020 is implemented by NLSIU in the aforesaid factual
backdrop and in exercise of its statutory powers and functions
Pertinently it is implemented pursuant to and in terms of the
express decision of the Executive Council in the 91 stExecutive
Council Meeting wherein in the second session of the said
meeting held on 18082020 it was resolved as follows
The Executive Council unanimously reconfirmed this resolution to empower the Vice Chancelor and the University to conduct an independent admission process in the event that CLAT 2020 is delayed furthet
45 The power of the Executive Council to make this decision is
manifest from Section 10 of the NLSI Act which provides as
follows
10 The Executive Councilshy
(1) The Executive Council shall be the chief executive body of the School
(2) The administration management and control of the School and the income thereof shall be vested with the Executive Council
46 Even as per the settled law laid down by this Honble Court in
TMA Pai Foundation v State of Kamataka (2002) 8 SCC 481
the right of the educational institution under Article 19(1 )(g) of the
Constitution as recognised by this Honble Court encompasses
the right to admit students In the said Judgment at para 50 this
Honble Court held as follows
50 The right to establish and administer broadly comprises the following rights
(a) to admit students (b) to set up a reasonable fee structure (c) to constitute a governing body (d) to appoint staff (teaching and non-teaching) and (e) to take action if there is dereliction of duty on the part of any employees
47 As a matter of historical practice as well the Executive Council is
the supreme authority which is empowered to take decisions as
the chief executive body of the school The same is evidenced
from
a The decision of the First Executive Council meeting dated
29081987 - 30081987 wherein the mode of admission
is decided (produced above as Annexure R 1) and
b The decision at the Executive Council meetings dated
27012007 and 13052007 regarding admission through a
common entrance test (produced above as Annexure-R-13
and Annexure R-14 respectively)
2S 48 It is therefore indisputable that the determination of the method
of admission to NLSIU vests under the statute with the
Executive Council
49 The related contention that the Executive Council cannot decide
on the mode of admission without reference to the Academic
Council is misconceived The said contention is asserted on the
basis of conditionality imposed by the Second Proviso to Section
13 of the NLSI Act requiring that the Executive Council seek the
concurrence of the Academic Council before making amending
or repealing any regulations regarding the mode of enrolment or
admission of students As is clear from a plain reading of the said
provision the requirement for prior concurrence arises when the
Executive Council exercises its power to make regulations
50 In the present case there are no extant regulations in place
regarding or in respect of admissions into NLSIU
51 It is well-settled as per the law laid down by this Honble Court in
PTC India vs Central Electricity Regulation Commission (2010) 4
SCC 603 that the executive or administrative power vested in a
body under statute can be exercised independently of and
without recourse to subordinate legislative power vested in it
under the same statute In the present case the Executive
Council has exercised its executive or administrative power
which is not conditioned in any manner
52 The other contention sought to be urged in this regard that the
Vice-Chancellors decisions to hold NlAT 2020 do not fall within
the scope of are not authorized by the aforesaid decision of the
Executive Council dated 1218092020is also misconceived In
the first instance the said contention is wholly false for reasons
stated in the Counter-Affidavit of the Respondent No2 (the Vice-
Chancellor of the Respondent NO1-University) and the same is
fully reiterated herein In any event the said contention is also
untenable in law in view of Regulation 12 (re the Executive
Councils powers of delegation to the Vice-Chancellor)
Regulation 18(2) (re the Vice-Chancellors powers co-extensive
to the Executive Council) and Regulation 18(5) (re the
emergency powers of the Vice-Chancellor)
Re NLSIUs Power and Right to Conduct an Alternative Admissions Test to CLA T 2020 is not Constrained bv Orders of the Honble Courts
2~ 53 NLSIU adopted CLAT for purposes of admissions on a voluntary
basis
54 It is denied that there are any judicial directions to the NLUs to
hold CLA T In fact the Rajasthan High Court in respect of a
prayer for directions to NLU Delhi to admit students through
CLAT refused to do so in the case of Law Prep Tutorials Pvt
Ltd v Union of India DB Civil WP(PIL) No 754 of 2017 by
holding as follows
So far joining or not of a particular University in the Common Law Admission Test is concerned as at present we are unable to find any specific legal requirement where for any particular University may be directed to join the Common Law Admission Test by the Court Further the issues as to how the admission process and the examination process is to be conducted are required to be left for the decision and execution by the organising University Therefore as regards prayers Nos 4 and 5 we are not persuaded to entertain this petition
[Emphasis supplied]
55 The convenor of CLAT at that time viz Gujarat National Law
University was a party to the above case Therefore the
Consortium now cannot contend that CLAT is a mandatory
requirement for NLUs which contention is squarely contrary to
the aforesaid finding
56 In fact the Petitioners themselves do not rely upon any directions
of the Honble Courts in relation to establishment of CLAT or
adoption of the same The reference made to the Preamble of the
Consortiums Memorandum of Association in this behalf is
misconceived The language therein clearly depicts that this
Honble Court directed the Ministry of Human Resource
Development to convene a meeting amongst NLUs and the NLUs
then proceeded to consider the matter and resolved voluntarily
to conduct the CLAT exam The relevant recitals in this regard
as extracted below
AND WHEREAS on the direction issued by the Honble Supreme Court in Varun Bhagat v Union of India [WP NO68 of 2006 decided on 23112007] and due deliberations made by the University Grants Commission Ministry of Human Resource Development Government of India and the Council with the first seven NLUs the idea to conduct a combined test for all the thenshyexisting NLUs was conceptualized
AND WHEREAS seven existing NLUs in the year 2008 signed the Memorandum of Understanding dated November 23 2007 [the MoU] to hold a combined admission test to be organised by an NLU on rotation basis in the order of seniority
57 There are no Orders whatsoever in any of the proceedings
before this Honble Court requiring that CLAT be implemented It
is reiterated that the Petitioners themselves have neither referred
to nor produced any such Orders
58 The fact that the decision to stop implementation of the exam by
each participant-NLU on a rotational basis the establishment of
the permanent consortium and the inclusion of new universities
did not require any approval from this Honble Court also belies
the contention that the requirement to conduct CLAT arises from
Orders of this Honble Court
59 Further the fact that directions for modification of the process are
sought in Shamnad Basheers case have been entertained
without requiring the Petitioner therein to file a Review Petition
also establishes the said fact
Re Bye-Laws of Consortium
60 The contention that NLSIU is bound to admit students only
through CLAT in terms of the Bye-Laws of the Consortium and
specifically Bye-Law 1533 is entirely baseless for the following
reasons
c The Bye-Laws are a subordinate charter document binding
on the members The same cannot detract from or inhibit
the plenary statutory power conferred on the Executive
Council by the NLSI Act
d In any event Bye-Law 1533 relied upon by the
Petitioners does not have the effect as claimed by them
The said Bye-Law merely requires members in order to
eligible for membership to the society to adopt CLAT as a
mode of admission When read keeping in mind its object
and purpose the said Bye-Law cannot be construed to
require any member of the Consortium to admit students
only through CLAT even if the CLAT is not held ie the
Bye-Laws can never require a member to not admit
students at aiL
e In fact the Consortium itself has not understood or
implemented the Bye-Laws in this manner as is apparent
from the fact that all the NLUs are admitting students into
various programmes carried out by them (other than BA
LLB and LLM programmes) throughout without reference
to CLAT Therefore it is clear that all admissions to the
3National Law Universities are not on the basis of the CLAT
exam Therefore the contention that Clause 1533 of the
Bye-Laws compulsorily requires admissions to be based on
the CLAT is untenable and without basis
f Even assuming without admitting that the Bye-Laws have
the contended effect the same can only be actionable at
the instance of the society or any other members
Re NLAT Process
61 NLSIU as demonstrated above has the right to conduct its own
admission process in terms of its own statute In exercising this
right NLSIU has taken immense efforts and steps to ensure that
the test is lawful and also fair and reasonable
62 In the first instance the NLAT 2020 meets the triple test ie it
must be fair transparent and non-exploitative The NLAT 2020 is
fair insofar as it ensures an examination process that is
intellectually rigorous and meets the standards of integrity in order
to suitably judge the merit of ali candidates The selection of
candidates is based solely on their scores in the entrance exam
It has also been designed and implemented in a transparent
3) manner The examination is transparent as details thereof as
also the reasons therefore have been set out in detail through the
impugned notification NLAT 2020 is also implemented in a non-
exploitative manner by limiting the application fee for the test to
just RS150- for general candidates and Rs125- for SC and ST
candidates in order to ensure that students are not put to financial
burden due to the NLAT Further since the exam is an online
home-based examination students do not need to physically go
to an additional test centre
63 Apart from the same the authorities have also taken various
measures to ensure (a) accessibility and (b) prevent malpractices
These include
g NLSIU significantly relaxed the technological requirements
for candidates allowing them to take the examination with
minimal internet speeds and using a wide variety of
devices including Android smart phones and tablets
NLSIU also made available as many as 33 physical test
centres across the country in order to provide access to
students lacking the necessary infrastructure to appear for
~3 NLAT 2020 from home NLSIU further ensured that
necessary health and safety protocols were rigorously
adhered to at the said physical centres
h With a view to prevent malpractices NLAT 2020 is making
use of a combination of AI-based and human proctoring
Additionally the test structure has been designed in a
manner that minimises the possibility of candidate
malpractices This includes candidates not being able to
revisit a question that they have already viewed and moved
past and the randomisation of the sequence in which
questions are displayed to candidates Furthermore the
questions for the NLA T 2020 have been drafted in a
manner that requires interpretative answers which
minimises the utility of referring to the internet or other
sources for answers Since the examination is an online
examination all relevant data (including webcam recording
sound recording keystroke information data relevant for
facial detection window switches etcetera)necessary to
detect malpractices are stored and available with NLSIU
The said data will be critically reviewed and analysed prior
to completion of the admissions process Therefore even if
any malpractice has occurred the same will not and
cannot result in a student gaining admission to NLSIU
through unfair means The Proctoring Protocol established
by NLSIU to effectively detect candidate malpractice is
annexed herewith as ANNEXURE-R-117 (Page NO
64 Pursuant to the aforesaid efforts made by NLSIU to ensure
admissions to its programmes and avoid a Zero Year and
pursuant to the Orders of this Honble Court permitting NLSIU on
11092020 to conduct NLA T 2020 a total of 23225 UG
candidates and 2846 PG candidates appeared for the
examination on 120920200f this number a total of 122 PWD
candidates appeared for NLAT 2020 True Copy of the press
release issued by NLSIU on 12092020 depicting the said facts is
annexed herewith as ANNEXURE-R-118 (Page NOD4-)
65 In order to address any concerns that may arise amongst
candidates who have taken the exam NLSIU has also
established a three-stage comprehensive redressal mechanism
comprised of
i Technical Review Committee This Committee is
constituted to consider queries raised by candidates
regarding any technical difficulties in the NLAT 2020which
could be raised online within the web portal itself The
Technical Review Committee consists of Dr Sony
Pellissery Dr Kaushik Babu and Ms Apoorva Gupta
j Objections Committee This Committee is set up to
consider objections submitted by candidates in response to
the Answer Key for NLAT 2020 The Universitys
Objections Committee comprises Prof (Dr) Sarasu Esther
Thomas Prof (Dr) Mrinal Satish Prof (Dr) Arul Mani and
Assistant Prof (Dr) Bipin Sony The Objections Committee
will release the Final Answer Key on 14th September 2020
k Grievance Committee This Committee is constituted to
address any grievance raised by candidates who appeared
for NLAT 2020 following the announcement of results It
comprises Honble Justice Nag Mohan Oas Prof Babu
Mathew and Prof (Dr) Sarasu Esther Thomas
66 A small number of candidates made submissions to the Technical
Review Committee that they had faced technical difficulties during
the exam In order to eliminate any apprehensions of these
candidates that technical issues would affect their outcome
NLSIU has offered them an additional slot on 14092020 to take
the examination subject to stringent conditions to ensure integrity
of the examination All measures to avoid malpractice are
implemented in respect of this additional slot as well
67 The fate of these students is now entirely dependent on the
admissions processes being completed as per the aforesaid
schedule and commencement of the academic year on
18092020 Unless the same is done NLSIU will be constrained
to declare a Zero Year Consequently not only will 120 students
lose the opportunity to join their studies at NLSIU (or at the very
least lose one year in order to apply again next year) but the
same will also impact admissions in all other NLUs since - as the
first preference law school for most - the Zero Year at NLSIU will
have a cascading effect on all admissions to all NLUs
68 Hence there is no legal or equitable bar to conducting the NLAT
2020
69 It is submitted in this context that NLSIUs inability to complete
admissions will irretrievably damage the University and result in
significant impact on not only its finances but also the public
perception of the university Moreover the same will have a
cascading effect on the effectiveness of NLSIUs academic
programme and result in loss of an entire batch of graduating
lawyers in five years time All of these adverse consequences
will impact NLSIUs standing in the legal education sector
70 Hence it would be in the interests of justice and equity that
NLSIU be permitted to release the examination results of NLAT
2020 and complete its admissions so as to commence the
academic programme in a timely manner and as per its revised
academic calendar
It is therefore submitted that the present Writ Petition may be
dismissed with exemplary costs
I
DEfi~tifiNtTi~ VERIFICATION
p~) 8atl N-lti 20t 14301 Verified at Bengaluru on this 14- th day of September 202~th~fthe
contents of above counter affidavit are true and correct to my knowledge
and belief based on records maintained by Respondent No1 in the usual
course and nothing material has been concealed therein
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HHIONA1 11 SCEOOL OF INDIA AMJ(URpound ~21BfJWALORE
MLlutes of the Moeting of the AOpoundlcenio Councjl of the N ional 1(lI[ School of India held at tho office of the Bar Counoil of Ina New Delhi on 12th Doccnoor 1987 at 10-00 Mil
Tho folloWL-1g nenbero were pres SJnt --
1 Shri VC iVIishra 2 Dr S K Bhatnag~ 3 Dr NR Madhvt Monon
Dr K PonnUSWQl1Y1 Deln Faculty of Lnw Delhi 1Jnivors ity
ltt eo the CGGt ing1S S pee Invitee
Dr H R )~8i1hlt)va Menon presideo over tbo iYg
Dr Menon welCOfled the DeDbers of the newly c A l1stituted
Ac e71ic Council aYlO acqunint13d then with tne a~cisiorls Jf
tLe carlier neGtings of the Acadenic Council prior to tbe
estclblisroent of tl1e Sohool under the Act After cotliled
d1souslJions on th baeis cmiddotf the Agenda notes ciroulted e8rliel
the following decisions were t1ldeshy
1 COurses of Stuoy ~~ ~ -shy ~~-------shy
1ts ionnl
COUlSOS of Study lellc1ing tl the following degrcesshy
(lJ) 1m integrnted 5-ycar LLB (Hons) L11 viev of fC1 t118t q gret dell of Soc111 Snce knowlerge vrill be inrrtcd curing tbe 5-yrhr c)trrI3C 1118 Acad eni c CDUYl oil rcc~-)nentied tl1 -ct ~ conpos)(d~-shydegree of BA (me LLB H0ns be cQrferr(l t) the students joiniLg the Nqtimll Lw Solle)l of Inilin
(b) An LLM oogrGe which shall 0xt0tc1 -( )~)C yerr (3- lrincstns)
(c) Ln M Phil (1grae of Que yecr (3~dn0sters) durfti--n c~nstitllting of t8ohing ~nd resc8rcll
(a) 1m LLD progr12ne b(]sed n writtlt5n tlesls fterrJ Phil
Bes os the above cGgroG courseo tho AcCdedc Oouncil
reco---ampnds thmiddott 11 series )f CcntiYLuing Eauc~~i n POt1lS(S Cln
sl)rt aurticl be offerGi by the Nti0n1 Lw Scbmiddot]ofIneia
to levr tGcac~8rs ju(~iot1 Dffioers t aoninistr f)X3 Pltr~
contd 2
2
II BA LLB (Hems) Progr(lme-- -~- -shy
rhe j~cBdcGic COUTIcil rocsrinonos th~t TIl t
ysr only 50 students bo 1(lTdtted t~ the LL3
Irhey r1ny be 8818 ctea ~
purely cn cerit on the b2sis ~f n ~( 8f~ i0n test cncucted at fQur difforent TO (1uring My- 1988 Tho nininlJr eligibility liDS iJn t) S be fbcd t 50 Trks lL 10 + 2 Sc1~oDl 8X2nintiC I tho Pre-University Progrrne progrlrro be trol1ted cs equivlent t 10 + 2 S ooo oxampt Those students Whfi 1rcd f8r the quelify ing exmin 1t Len in 1982 bo leo lloweo to t ke the MirisGim 01 Cl provision~l b~siB ~d they n~v be 018 ii while preprL1 g the rmiddotjerit List provmiddot1Ced middot~V8 psseC t~ie Sqid eX811in~ti8n with 50u t11rkS 6 llC1ts8icn Test be h~seil on en objeotivo typo fluesmiddotlims 1116
fthe tost n~v be fox Hurtirrn of 0 ~~Xmiddot thrn 2 hours middotr11G test crln tnclu~() [ini rw~ bel of qUGstiCTls 7~middotlicb rO(lutres viritten 2J1GlJDrE t J(lniss i)ll t8 the L~~Vl SchoCl bb bnsc(l ~n1y on t~) b +li) ~)f tl-c yritton Aanissian Test
15 of the sets be roserVGc1 pound1 1 (0 ~1 ClfJtcs 1nd 7i- Schedulefl Tribes eVC1 for tl16 reserved Seqt8~ tLe reU1LUd i1nrks ot thc qll)lifying exmination ~Gd upor
er to be eligible for t1-u c2naid-te lilvC sccured 50 DtrkS 3 i11 tes t
tlpplic-blc ven f0r rODDYV 3 s ~ -ts ~
T~~e JC1nis3ion Test 1~Y be 11811 I6gj 8TIf1
8118 it is rec)~rQcc16C b- lccld
I nr nn~ TIn AP n ~ ~t Bng8 t lJYL~J r JL ~)
~ m I n er t 0 olt-nlse AlmiddotZllS810n icsmiddotun pror)-lo tl~e qUGsti8n pSpors frtrlurto tho Gr~~~G ren(1 f inJ1ise
sien List an i~dnission C 0 C)US1OGshyr the Director 0n trec tS8Cgt 1f tlt L_w be C0Dstitutcc by t-~G ecmiddott~)r
ccn1 td __ ~ 3
It is proposed thlt the last dte for reoeipt of lpplic8tions be fixed for 2nd My 1988 1-8 Ldnission Test noy be orgcmised on 29th May 1988 ndtho Selection List Jllnounced by 15th June 1988 Phe dDissim Day be 0)[1p1eted by 25th June [ltnO the cllsses be oODnenoed fron 1st July 1988
A suitable snount IJjly be fixed for the ppliotion forn 2nd the Adnis sion Test Fee
(b) AOlldenic Terns
Ecb Acadenio year be divided into 3 1Ogt1(Iio terns e 2Cb with a uininun of 70 working days -fis 8cadenic tern be called a Triuester Thus the 5-y8fr BA LLB (Hons) Pr ogrmne will hve 15 TrilGsters It is suggested thAt the J~caoenic year nay bgin frclTl 1st July and the caderlic ter12S uay aoopt tho folloWLl1r Patternshy
i) FIRST TRIMESTER - July 1st to Septemiddotbor 30 ii) SECOND TRIMESTER --- October 15 to JAllury15
iii) THIRD TRIMESTER _Jnuary 30 to April 30 (c) Oourses and their distribution
Eaoh Trinester nay carry not nore thM 4 courses with a totp~ of 12 credits distributed Ro00tdine to the inpOrtance and coverlge of the courses Jhe subjects courses fer study for the 15 Trinesters be 2S follows
~_~T TRIME3J1ER (FIRST YEAR)
11 Leg~l Professicn in Indian Society 3 or 12 Legal Method and M~terialS 2 cr 13 Law 8l1d Politicl Orgqnization 3 cr 14 LaW and MJrket Econoy 4 cr
SECOND TRIMESTER ---~----~--~-~ 25 Law in Historicl1 Developnent 3 cr 26 Responsibility for Injurious Conduct 3 cr 27 Lqw end Socil Orgemizotion 3 cr 28 Law c~d Agricultural Deve10pnent 3 cr
THIRD THIMESTER ---~---~--
31 L2W 8nd Intcrl2tion1 Relations 3 or 32 Law ~inorities mil Vc8ker scctiolS of
Society 3 cr 33 Civil amp Crininal Procedure-I (Oourt Systen) 4 cr 34 Eldctive Clinical ProgramplJJe 2 cr
C~)l ~d 4
--bullbull
4
9P~1 )2E1llEsect lER ( (13~f~~X~lE__ ~~l~~E~)_ 4 1 Hunn Rights Soci31 Jus-nice nno LSVi 4amp 2 Low 2nd S oci_~ Oontrol - CriLle and
PUllisl1DDnt 43 Civil41d Crininal ProceDure II 44Elective Clinicl Prog1flne
rUTH THIMw~ER----shy --~-- ~--~
51 Cririnal Lw~ Clini1Dlogy amp SDcb DLmse 52 LV nri 1~_ 1lJLy TI81st i0nJ3 1 53 Lqw Plnn jng 8 Ec~rnDnic DevelJcent 54 Contractu1 Rel(]tiirs an(1 RoneHes
(Spec ifjc Reliefs)
SIXTH rR IMES TER -~-----
6 1 N~n--Cririnq_l InjuriDus C~-nnuct ~ni of Torts
62 L8W (lud PYlily Reltims II 63 Law rmd Il1lustril Dcvelopnent 64 IUective Clinic Progr~nne
SEVENTN lE Ir1ES lER -~ ----~- -lt~~ -~-~--
71 L-w nnn Urb~1i1 Devel-prtEHrt 72 Politic Proc()ss il1il Cm$titutiDn~l
Devclopnent 73 Cns tit ut ionCll L_I 74 ~id8nco LAW
EICin TIi IRSScIER-~- ~----~ pl C0 np-YlY Lgw nnc1 Lrw 0f CO-ClpGrDtivos 8~2 PO0Tty LlW 83 Constituti~)nl 18W amp Litig1tiorl 84 Elective Clinic~l Pr~grgtire
r I~tTLtR]l~~ER 91 LwJ c)f Ins ur n es 92 TAx0tjDll L1w ~nd Public fiJ1rrnC C 93 In -1 Grn ~~t j n1 oer 80 e Law 94 Elective Clinic~l ProgrBLr1B
TENTH TRDillSrER (FourtL yer betdnilL ------~ - ----gt-- -~ 101 Leg~l Theory 102 Lmiddotbour LtJw 103 Mrinistr~tive Lw 104 ElectiVEl Olinicgt 1 Progrlrll1e
4 cr
3 eT ~ 3 eI 2 1
3 er 3 cr 3 cr
3 cr
3 cr
3 er gt1 cr 2 or
3 cr
CT 4 cr 3middot ex If
0 ~~
3 cr 1 Cr
c ) cr
3 cr Ac cr ~ cr 2
cr
4 cr 3 CT
cr 2 cr~
CUEto ~5
5 cr11~1 h -z cr~11~ Int~llectumiddotl
J13 lril1nl-I )1 Int rr ~ t t i1
4 CT 2 cr
l2 1 In t BI i l~ 3 cc
3 cr 12 ~3 L[JVI -nd Public C 3 cr 12( Electiyes 2 cr
13 1 Ct)r-JP1TQtivo LnN 2 eX 132 Itltlw PQverty rtlG S )c if~l Ch~ngc 3 cr~ 13 3 Lrm0 R0fcrn Liws nn0 liurnl DVG l~Yp iJrli 4 cr 134 Sctdnlir-Eloetives (to be lnnDUl1C()[1) 3 cr
~fJj1t~~~]~~ li l Public Intlt~rntrtiL~nnl Itlw-Int2TxL1L jA J
OrGn or~
112 ctiVi (jlurse 3 cr bull bull3 i1tjtiltn -f (lus ~iCi3-jt~te amp UyltLon 3 cr
l~~ ))rin -CiVeG (to he r1poundJrtiunc j 3 cr
cr bull 15~2 ~))cil bGUTity ~1rj t1~c Lq7JD cr 15~3 1rlrinstrdt)l~ II Jurrcice C ~Lre -]
til) I1IX Ili r1l ~i0 3 cr ~154 ~orlin~3 - c)iv(1S (t~) h( 11 3 cr
( middotb)V~ Bistx ibutin1 subjectB 18 t ~ii ~ middot~jYD +
Dllril1B tIl ~~r c-f cursc =-) dujc-cr be rG~rn RubstitOt0d ~r rCViL~ 1 ~lmiddot(i--middotr tD c~plctGly profJ8si~rt11 rvo i-l1 ~ Tl~l
LGndIt 10Vi utoD pnJ3S QU ~ iC)1
I 6
rhe DsdiuD 0f instruction 8l1d exaniY13tion in the lrl8h81 Law SchoDl sll111 be English ctlecst unt i1 C nctjonl lmglryeis ad opted for Rdiinistration of justice in t Scrprcne Collrt
(e) Ellpound~~tljty fDr cL~sectE~G fJ10 0x8r1tnatiDl1 sydoI1
In order tl be eligible for the dcnpostiiicc[CCC of RI LL8 (Hons) C~ch student win h~ve to t~kC C(lllXses fsX lt1 grrmd tot ~1 of 180 erea its in ) ye etXa bull
The norn)l p~ttGrn cd GX1ninntion will be ~ 1xittJTl test t the end of onc11 Trinester However in middot)middotmiddotl)ollri)le cases Intern(~di8Ge exnrJlltltion nne continuii1~ eV11utiCTl cy be ptilS cribed in different CSllrses
The exaninntion process will be entirely int Inl to bo dono by the totchors giving tho CGurSGs If sttvlcntc_
is dis-s1tisfied with the grfl(10 warded tw l bo ~11ow0fi to withdraw it in writing within 10 dWS thC11uounce-shyDG1Yt of the rosult He c~m inproVG it in t~c noxt cxninl~ tiorl ccorcing to tho rules prescriber] thcnt))
There shnll not be ~v eX8nin[til foe colloctomiddot- fr0- the stuc10xrts DClr there will be nn exaTiinaticm rcbuJJcrItirm given to the telchors
111oro shall bo an Exninutin C8Ul1ttee C0UEtjI1td by the Dircctlr for Bch ye~r with not loss th-n f t~r1ors of the NL3 by rot1tion Every tC 0 chol wj n JvLk tmiddot thG EXfninrjti~n COllJ1ittGO rt the bC[innil1g )1 Gcgt tr 1 nesteX tho Dutlme of the course ho is t0901-inr Tl1if1middot() plrm 110 j8
9~uimiddot ~1~ ev~I~t nn smiddot~avmiddot tJ c oLlrn
outline as well 18 thli 8vlurti)n scteDc will JI) )110 Rv8t18ble t) tl1C students st the bcgLl1nlng ~f t Prif1GstoT itsulf Cor1plnints regllIdingthe eV(ll11n-Gion [111 he sont ~() the EXfC11mntion CO[]littoG wllich will n~ko JuH~l() rliCClr1iJOnBtions on it withjn 1 fntnjght to t~) J)jrcctJr whose d(~cis ion there)n shql1 be finJl~ The )iX(ctD1 lOW()VOl-
wtl1 roport to the AC1dcrJjc Council Meottnc rcorrJ qf flU(h conp1nintg qno tict icn -Clken t~GreDn
~~ t 4n a Lvfl~r -1 U(ltVA-lJ Aiv uu OJ v p~rf~rr1 bull 1 Jl ~ middot1 I t ~ti
The evall1at bn systcn in tho N1S senll bet nm(h gTrc10S
in a Seven-point scole which will be IS f0110W~~-~
bull bullbull bull bullbull bull bullbull bull bull bull
(4~(ii
( iii) (iV~(v
(vi) (vii)
(f)
( )
7
outstanding (0) 70 und ~OVG A + bull bullbull bull bullbull 65 to 7 I A bull bullbull bull bullbull 60 to 65 B+ bull bullbull bullbullbull 55 to 60 B bull bullbull bull bullbull 50 to 55 C+ 40 to 50 c Below 4(~
~
In order to be declered successful in my course a student will h~ve to secure ~ny of the-ffr~t fiveshygrades Above given Those who re p1r-ced in C+ no C c1tegories will be accued to h1ve if-liled in eu oourses
Pronotion Rules
ProDotion iron 1st Tirlester to second Iriafster rome fra 2nd Trinester to third Trirlester will bG utotio irrespective of the rsults in the vnriou8 lxnoml1tion However pror1otions to the Fourth Tritlester 81111 be only to those who h~ve suooessfully aloorod rctlelst ten out of the 12 Cl)urses in the earlier three Trirlesters If a student has fdled in three or nore courses in the first three Trinesters tAken together he slnll be aaimed to have disqualified tQcontinue lS q stunent of the NIB In t1e case of those who cleared ten courltes out of the twelve they lJlY ltlpear in the renaining two oourses AS
Ex-students while continuing as ~ regu13r student in the seoond yeer
Sirilarly student DBY be autooatiolly proDoted frcrl the fourth to the 5th mn 5th to 6th doritlg tho second yenr His proDotion to the third year 1 e to tH 7th Trinester shlttll be only if hl sucoessfully olellrs a llinLlUn of 20 COlrses
The sane Patterns will be followed for pronotion fron the second year to the third year lnd fro tlirCi ye-r to the fourth year ffilO iron fourth yOll to the fifth year
N~ stUdent will be 1l11owed to avoid tlking ~nY eXlrdnashytlon on the conpletion of the courses excepting for reascnable cause for which prior perniss ion Dhou1d be secured fron the Dire~t or Further no S Gu(cmt will be eligible to take qn exanintion in 11 iltivcn course un1ess be has to th0 SAtisfaction of the teolnr cmcerned fulfilled the courSe reouirenents mrl hns sGcureo not less th pn 70 8ttend 9nce in the class in Sid CD tJrs e bull
cnntlt1 bullbullbull + 8
8
(g) TaOh 1~n~g Meh~il~ v ~s
The Nationnl Lqw Schecl VDS onplQyod vricrl tu~ch Dt3thods in ord er to pronoteIlLllt 1-4 iq oipltn~rT Cl1nll
~n1-nT qCt JDpreClalJ10n+ Jf 1ens0 B~s- ir~est lea1 prOD let~re~~ t1e ~cnool stall Grlplny SeninnLS tuitC)r ClmLCampL experlences Field work resealo1 (tTld Leg8lwriting Ill Ilppropri~te C~Urs0s cQopltlQt tve te~tctLY)g between teaohers 81 oliI erent S Db ~-C 8tS tr) be enployea to [11xinisG of the learning POt l-tj~_l tf) st udent
Clinic31 LeR_ql Eno(tt1011 r1~Rt f~rn ( Tl3ltgt rr- T~r 8pound p 8ssiual leglt1 eCuc9tin 8t t1G 1-~i2T ~l La SC1ClCl ACBdonic C~)uncil Te G nicnl O1 UC l shy
ti011 the first Cif the LLB 8 DL1e C0c credit nay given to fh2 t]J-tlng S un ts LYl clini courses
(h) Fee Structure
The tuittOXl fe8 fDr the LIB pTDgrrne co yelr nlY be iixeo Rs 1500- which ~oY be cCillsetccl tn 3 equ 21 inst Cllnents 8t the begilli1 ing riccstcr If foe is nct oepositBr1 within a week beg-inn elf the Trirl0Jster it l1qy collector 1qtemiddot fee RG 1- pcr (1 1] till tbe enfl ltIf 20 warkin c ~ys bull () Wgt8 ftleo to P~y iEHS vrjthin the prescri1o~ p2rio rl llte fco tffh)jr TI0T108 11f1Y be struck off f~~lt)~ t118 r~)118 They c nn be X-rv)nittc(1 on J)1ynlnt of rc- jSG ion ~ e Df Rs~ 100- an(l -l lt f1CtOTy r)pD1i ~)f ~TO$reSS ir~D H1Y teRche1 of tlte F~culty
t~J first tel p c SL1r ~~Tlcr Sl- jVLtiES
In 8rcler- to fttr~ct Deitorious stufients frD~1 te s ~ciJ-c~)nonic strJtl nf sc iety it is ~bs )lutlt)lr l1dC8SSry- for the NLS tn ioe AS ol-rships TIC sttpenos coS jJossible It ill bc to 1e 50 of the stu(Jents bS(y enjoy such S Every effort s])uld be e to seclJre S1JO~ OCOll~)Dic
L1dUC~rlents fJl prorlnting sctQ12Iship t tIle 18ss plivilegeo sections of SOci0ty
The 118 stuoents niW be provider Solmiddotn ip8 of the vlue of bull 500- q nonth 10 bull The S cho10lships rlry be lwcorfi ef m the bls report
~ 9
pound Sc~olr81ip CD~~I1ittee t be c~nstitutoz~ the DirGct81 with r~nbi3rs~ip tl1re~3 or )rt tmiddot -chers NIJ~ TttG SchclsrDhip Co~ittGe 11 pound2-8 i-ts cvn rules r-ne procedur0s wticl I11Y bG ~prJv~r1 y tl)8 Direct 01 ~he awnrd be given b~s ic11y on tcnderic ileIit)f c1Ylcliote H~vevert ec)noYic s-tus anc the s~lcil bickgrund of trL8 c~ndid3tes f~ ~-) be thore lnt cJns iCaTIt iens
Besides Sc)-lrsbips in deserving C1SeS eX(mpti0n fron Paycent of tllitinn fee lay Iso be grn-teooll tHl rsshycl~lt)end~tions of the Scilolrship OOle1ittee
(j) StlJdents nosidcmco
Tho ACCtcl r3r1ic Council strongly lccor1nenos t tle Jfutimiddotnnl Law SchODl be kapt purely ~s P J(8idcnti~ll University vvherein 11 the students bo r-uJrec t) s t y LD tle Hnlls 8pound- res io ellce provia r fpploven by the University Of course for suuconts bo1onging to Bmg-lori-i City the University nv ()xonption 1IOT res once in the University HDst cJ1siflcref1 ne8oSSAry Ii the lJ fJtionl Lnw School is unble to prov-ide it3 own hostel f8cilities it1~0dimiddott Jly it ~8y npprove such t-cc)fr801ti0n in th0 city ~A~iic s isfies tho reqllirenltmts 8pound thll resiltiontiql ckrc~or of tle University for purposes of stuDcnts 1 reBi(~ence~
~h~l1gh tr~c ClCC0Cl00ation nayhavo to be subsidised by the Universitv tho bJQrrlLvu ChQrg0s will -V( t~ bo cntirely D-GC by tho stuDentmiddot- ~Jihe bQa~ing c1nrccs DY incluo8 the sal(l~y of ossentbl stgtff Dainilined in thG Hostol by tl UniverJity+
(k) IXOlmU Clf stu r1ents md te~chers ~-~------- -------shyTho ]ITti~nl Law 8011001 ny initirte steps to nrrmge for 2xchnnge stuc-ents liId tS p c1exs witll other reputed Lltfl Schools within I n (l i3 ftnd outs ice FClr purpDse if stu0Gnts ~re inviued t8 ~nother L~m Scl001 0n~ un(lort ~ko courses )cQ()rding tJ their regQl~Girns they nay be given due credit witr tho ourriculllJ1 prescribec nt the [rIB
l18sters vrt th three courses in olt~c TrtDesterbull
nay be selc cted by the ~dniss i011 CHl1it-tee
10
on t1t bosis Df their PDSt QC80enic ltJc8rd pnrticllrly
~t the LLB level The Adoissicn CGr--ritteo C8Y J~S0S8 their
l1ptituce for higher studies -nr r~se~rch in l~uf en1 tl-Je
suitQble reoolrJenc ions for their ~cT1ission C(1~ljssi0n
Gay bo done thr8ugr~ nmiddotn int crvievi bes ides ~BS08G~nt )n
d8cuttentary Dtteri8ls
subject ELrODS of crtst utimiddotnrl lZV1 crif1i-nl J~w irct-)rnltti)n~L
11l 8110 corDerci(11 Inw The tctu-11 subjocts rgtf tl~o CQLl1~3e
in ~ny of these subject ~rE38 DfY 0 decioc r1 nt ~c giCl1jTIe 0301 lGnT ty the Fcculty CiDCGrner1
The conpulsary c)urS8S f0r LLM shll ~S fo 11oyts
TC)oing Llothoos ond Curriculqr 0(veloprcnt
In0i8ll LeGal JhilQSDphy (n~ Conter~110r)TT J ~Jheory
(iii) Constilutinn Writ
(v)
Tile zistributi0Tl of the 12 cDUrSGS i1 TOG
TrJi03tcrs fer bullbullbull 1 fly be
rs fl1owsshy
11 Ee ~cl1ing IllethQ0s and Curiculur~ Dove l~l)middotont 4 cr 1 iI 2 In~ itn Leel ~Plilos ophy ~J1fi C~ntcnJor
I CY[hcory 13 Course OD subject sr09 - optian 4 cr
SECOl~D THIMESTER--------------_-~-~shy4 era21 Ecsecrch TlIetr6~ology ltmil Leg11 writing
22 Constitutionl Lw We HlUlDl Rights Jurispru(1 ence cr
2) Course nn subject oreq - option cr
THIRD TEIIV[ESTEn ~----------- t cr ~Lnw Society emf DevGlopncmt~
4 eX 1shySeT innr Y select tOPlC - opv1on Ii crCDurse on r~ SUbjlt3ct (1971 - optiQn
51 i 11 shy
The eXElDjnat ion p ttnn for LLM will 1leo be the
S8L1G nB suggest for LLB H)wever besides ilt8rnnl
eXlDi1()r for every COl1rse in LLM there sholl be TXl external
8x~lCliner as we il bull The questions however shell be s only
by the intermll eXEnL1er If the difference in vlurtiim
between the i1t ernat exariner auf the external Cx~in()r in fl given COUXS3 is less thtil 207~ then it vi11 be 000tl00 th8t the
aaes assignod by the intornnl exaniner shall bJ iTJ gra0e
tD be assignee to thD candioRte However if t rG is D oiffercnce
nore th2~ 20 between the intrnal md exti3rucJ ll1 given
c)urso it 8rlt-11 be referred to a third exrn1inc~r outsiclo tre
National Law School whose evlultim shl11 be Il~e score to be
assigned to the candidate on thHt subject
Tuition fee for tho LLM progrlrlrJc be fixo(l 01 TIs 1500shy
for tho full course at the b oginn ing elf Cqch Trinestor
nr M Phil Progra3o--------shy
rho M Phil progrrU18 is to bo for one you c)xiending
to 3 rrinGsters It ShBll be exclusively cons istlt)d of research
8110 tolching Every stunent Ilonitted tel the M Phil rrofr~rle
stHII have LLM clegree and will fulfill the te1cing rnc
r8SCQrcJl reguirODonts prosoribed by the FFculty tIle HIS
In order to be eligible for M Phil degree besiaes
c)nrlCt ing the teSlching 4nd research req uirenentJ during the
yoar eV8JI cnndidst0 Dust sUJnit the rlBsert~tion gt11 - t~)pic
~Dpr0ved by tle f8cu1tY Ihe desert~tion Sh~11 be 8tC]ine(1
by two extern8l CXfniYlers suggosted by the foculty n( nppr0ved
by the jcdenic Council The degroe shall be confarod to
such of those cllldidtlt3s who roceivo varible rerts on the
desert ot ion fron beth the eXAniners If there is c ifferenoe
of opinion oo1Clngst then it sb011 be referred to D 31d eX8iner
Ind thG oecisicm of the [Jajority 8h[11 be finnI
con-cl 12
12
For the 1 Phil prcgrne nJ tuitbn bo csllected
HClwever a SU of TIs 1000- be csllectof yvcry ftllint
DJlnittecl t~ the ]1 bull Pbil progrlne townr18 lJc1 ion nd ftilitios
thl School
v
in vvhich it CJY c8nfer )n LL(gtD (jegroc~ lhe 11) 1)
0xc1us ively on ttJ b(lsis of C written thee t J
whJ hel9 M Phil degree fron the National L8W Sccol
Every C8l1dieJatG registGrine f)1 the 1L]) PozrrIJ18 be
required to be Ll residence at the Nstioncl L2W Sc1icJOl fJr
qtlesst ono (lOaOoOic year durLlg vihicb they SIh 1 cng in
S l)ch tCaching nne reseerch t)S SSS ignc(l to tbG1J 11 J DirectDr
If tho Un i versi ty
five
iiifferJnt nrtogorics 8pound t02chcJS~
(c) cift[S )rs
(bi l)ss~ci-to Jrlf~sscrs
(c) Jissist-nt Ij~0fcsZLrs
(f) l(J junct Profess Irs
(0) Ron
All the qbove professors ssocilte pTC)Csorp nt1
Assistsnt prOiOS30rS sh11 be r8gu1lX teocDaXs nf 11 ficl001
oC1wing the revised scnles of py pT)scribCHl by t1 ~Jnjvcrsity
Grnts COiJr~jssiol1 Tho sC11c prascribef by the UC bull -Yl(1
lt1Plroveil by the clenic Cc)IJl1cil fC)r the v1riupound m it ions
810 tS jvon bolow~-
p~ y structurc (f dj~ffcrent ote~gnr ics Df t()ichG)~8 Nt Law S chol of In1l ~ fin ~VijrS ity
13
1 Prcfessors Rs 4500~150~5700-20077300 2 Associate Professors Rs 3700-125-4700-16Q-5300 3 ABott Professors Rs 2200-75-2800-400-4000
4 AssttProfessor(SrSoale)Rs 3000-100-3500-125-5000 5 Adjunct Professor Rs 1000 PM (conso lir~ted)
6 Hony Professor TADA for visits 8ocOr~tng to rules
Besides pay te1chcrs will be entitled to Dqrness allowmlce as prescribefl fron tine to tiw by the Cmtral Governnent me onnroven by the ~xecutive Council Further they arc entitled to Contributory Provi(lent Fund and Gr0tuity blnefits 9Jl 0(c1red noer tho rules If they lrC not proviied with nocol1Liodqtinn teqchers will orqw Hnuse Rent qllownoe 213 preScribe by the Central Govern1ent for E class Cities If acco=odation is proviCled by the School 10 of sillary will be deducted towBroS house rent
Out of the above scales the Selectinn COLl2ittee will hayti the freei 00 to reconnend enh8l1ced salary tn tlose cons idered
olrtstrmdingwho nrc selected for Ilppointnsnt to (t TIB
In the initi-l stages it is rscrnnendod lt (11
apPoixltlJents of tecchers in the ~IB includingthe reulr
teachers be on 0 cAntrBct bQsis for a period extendL~g upto
3 yeajls The iccdenic Council has npproved the tsr-s of
oJ1trwt cont incd in the nodel clntrct enclosed ith these
nL1utes as Appendix
To begin with the Acaocric Council )greos wimiddotth the
earlier deoisions to have five professors five oSfjocinte
Professo2s lnd three Assistcnt professors to be BPIointed
forthwith However these pOSitions n~y he filIon only if
des erving 0 1nd idates are IlVliLlble for appointent
The io(deric Council h8S noted thgt (l(1vJXltt e~ents
for filling these posts have alranoy been given n(1 18rge
nunber of applications fllWe teen received in r(lSpo1S8 to the
ltcvertiserlent In this connectim the Acafle-1ic Cnunoi1
strnngly reooL1Lends thqt so f1r s the pOSitions of profess oxshy
s1 c(gtnccrne0 the Sollct iCon COT1Jittee 1PtY be rC0UGstcc
t) cons ider ouinont lqw teaohers in the OClunt ryr
hlv cpplied in responstl to the qtvertisonent 1nC rocoDime
Hl cl~ perD(gtnS WhOI the NIS Gqy L1vite suitltJole trns this
c)ntd 14
14 54shy
is necessqry in oreer tc enable the NIS to hcrye c CClre
fsculty of eninent aOndeDics to develop the ~c~~vit of
tne school during its infPLCY
111 teachers c11e(1 for interview ncW be pei(l one-
way 1st Clss train fnro fron their p1ltJce of rosiccl1CO to the pleo 0f inter-view It is s ugf~csteij tht if nccGssry the
interview nay be helo at BmgclClre ino Delhi
nininise expond iture enCl will be he Ipful t the c middotmiddotncl ia middotto
~re teachers in v8rious Universities
All regulnr teachers appainte(l L1 the
provided living icco=odticn by the School n cess ry the School Dy t~ke flats on lease fnd provife it t) tbe
teachers fron whon the rent aocording to the Rules by be cOllected
of persons ny Is 0 be incluiled in fncvIty
(8) Adjunot professors
In view the need for teflcl1ing Soc Sci(mce
subjects in the intogrlted Iw cllrriculun it is noces11ry
to hrvG Social Science te3chrs 8ss0ci8teo pitll middot~~O iculty)
Sinoe it ny not be neoeSS1ry t l1lve then 8S
atleast in the ~innLllf the JuJ10elic Oouncil rCCmiddotmiddotGnts crefltj CD
nf four P01t tine Itc1junct prQfCSSClrs in the BubjioC ec~nJlicsy
Sociology Hjstory nn English They nay be flPP[)ill ( fT(r
servine or ret ired teachers of City c~llegBs in 13 1010
They coy provided 8 nonthly honorariu[I cf lis 1000- ~nO
tbeir ClPpoL1ttlGnt be for one yesr renevcble t of the Director A 10CBl Selectim OOlJnittee
by the Director in orOOl t C loleet the Ad junot T-f mS0rs bull
oontfl
55
It is neceSSary for the NIB to Bssochte Sr nc1vooates
md eninent jurists in the teaohing md researoh progx2cDcs
sf the school The Acadenic COllncil tberaiore ncolmends
that a Panel of distinguished lawyers and jurists be invited
to join school as Hon~ professors They nay be invited
for a tern of 3 yeArs dur which they shall sJond stleast
one Llonth d lrring the year in tead1ing pJ)d rcserrclt the
School When they visit the School for teaching nd resenrch
the Hon professors DlY be given the neoessary hospitlity
ana wherover ne cess xy TL 1ccoriiingly
The icadenic Council hls ~greea to t~lo sUB~oJtion of
the Director of inviting the following sigh pltlsms S Han
prOfBSS ors
(1) Shri KK Venugopal
(2) Dr LM Singhvi
un 3h1i Soli J SOXabjee
(4) 3hri Fali S N prin31
(5) Mr Justice PN Bh~gw~ti (6) Mr Justice VR Krishna lyer
(7) Mr RaJethr1alani
-lte) Mil-bull P~ ltJ-UYrftFl~
(c) Research Associates
Tho AcacsLlic Council feels thlt 8tleast fo e yegr
or two the flculty nay have to be given sonc rcs
support for preparation of telching notltsriaLs lud coordinating
the teaching progrnnns 101 this purpose the cric Council
reCJIlGenoS the appoictuent of two Research LS80qi GS who aremiddot
quolified with an LLM degree They nay be seleol 1)y the
Directox and nay be paid a cmso1idlteo sun of Rs 1200shyper nonth for one year
(0) Panel of Experts
The Aoadecic Council recolJr1ends the following 15
nanos to be included in the PAllel af experts I)r b8
contmiddot~l bullbullbull 16
16
invited to the Selectim Connittee for Faculty p0sitiol1S in the NIB
Ponel of Experts f( the Selection 0011nitte08 to be cmstitutec fr Fou1ty seleotion in the Nntionol Lw School----__--__-------- shy1 Dr S K Agraweln Vice Cn1ncellor l~gra Univ)rsimiddot~y lgrn 2 Dr GS Shrna Ex-Deem FlCultyof Lw J~iPllr
3 t Dr (Mrs) licG Jacob Director InAiBn Law I1stitutc1 1r1Jlr2i
4 Dr 1arlt3 Divrom Ex-DeFm Faculty of Llw Chm(~ isrl1
5 Dr Sp Sharna Dean Fqcu1t)r of Lw KCluh-s)otr University
6 Dr S P SRthe PrincipAl ILS LRtV Cjl10go~ une
7 Dr KB Rohtgi Professor of Law Delhi Univcrity
reGen Uni
9 Prof GV Ajjappa Derm F1culty of Llw Krnt-kf University Dharwar
10 Dr Upendra Baxi Professor of LOlW De1hi Unjv0rsi-y
11 Dr SN Shukla Ex-Den FClllty of 111 Lll211obnc 1Jnlversity
12 Dr RK ~i[ishr3 DerI11 F8Clllty of Low Bmcr-e ~jn(11J Universi ty
13 Dr Misheh1l1-Hss~m F8culty of L Aligrh Nuslir University
14 Dr KD G~llr Dean F~culty-yY f( c Ij vfk Y h - 41
(1) Leg~l Services Clilic
services clinic in the NIB forthwith It is eas n~ t8 pive
the nocess~ry support to the clinic81 e(~ucpti)n progrr1rroeuros
of the SchooL A Fgt1Clllty Conittee tiny be cDnstiiutcil by tre
DirGctor for the purpClse which D develop the ll TOS
to be irstituted Bn9 the pBrticip1ti~n of stu(1miu 10 be
decidsd in then In order to orgnise the clinic the
first instrgtncea sun of Rs 10000- DlY be provjelt by the
NIB It is expecteil that the Clinic will lterm s uppcrted
by the St~te Legl Aid BOlrd 9Ud the Centrl LGg~l services
1luthorities
for the orglliz~tiCn nd fuuctL)rJing of the Lug
Clinics
17
(D) Continuing Educat ion Courses
In order to n~ke the best use of the rusources of the
NIB for the coonunitY3nd to nke its progrrulD0s 80eie11y-an~ proiess ionally useful it is suggested that t~10 IrIS nay
engaije in l series of continu ing ed uc it i-n progr~tJos for
different sSllcents of the profess ion including l~w t Gpc1wrs bull
Of course these progr[]ues r1Jy be f k1anced by t10 spcJllsoring
lgene] 1l10 NIB nay provide expertise of its fcuHy no
organizational ssistlnce
In this connection a beginning nay be 1rJ]e by offering
to the Karnatltka Governnent and to the KClrnatqlm liiEh Court
for the training of its officers in the Law And Jll(icictry colrtrlents
(n) Research 1l1d Publicfltions
In order to strengthGn the teqching progJnnes of the NT tmiddot bIt t 10 bull h 1S a so U iltJy necessary 0 uave on gllne rese[ro
projects 011 various aspects of law in develpncnt rhe School
nay seek funds fron Agencies within anCi outside t~c governnent for sllPllort of its research activities
In this connection tho Lcadenic Oouncil welcQnes the oecision to publish books on Econonics Sociolo[y
History Politic~l Science end English for law stu0nts by
the NIB It is desirlble to get thase nat)lials sllit~bly
edited by the Sr Faculty of the NIB and publish i1 the nane of the NITi
Bes iaos the above public9tion the liIB sjoulrl brillg
out an Half-yearly Journal on Conterpor~ry DevolojlrJGnts in d liferent brqnches of law 1~lt rqy be celle( the Nationnl Law Review and it nay be funded by the lHS itself
(0) A Centre for 1foI1cn and nd Law
In view of the incJeasing inportBnce of HunAn stuiell
18
end support be jng offered by the Univers tvli ~ L1 G~t~gt1
CotlTlission anfl the liiinistry Of HULlrm Develoment middott le
NIB should set up a Specip1 Centro for stuCiy issuos jn trw concerning the stntu8 )f wonen 8uithle proj~cts D-1y
be developed by the Faculty nno Jppropriate lSS ist-nce
sought~ fron fUTIr1ing CenC10S A cp-lti i~-~I+~fltvUlYJ v ~~ ftl1++Ov bullbull ~~l
[jay be constituted to look lfter the developnent 0f this
Centre
(p) Institute in COLlpartive Law
The irlJ)rt~oe of c0nr~rrtiVe law studies r
scholArship ClYJC Internrtiolll relatiUs Cilntlt bil rvorshy
enDh~sizec Inview sf the rnle )f our cOl1ntry in re3i)n~1
cooperation -4l)a Internati~)n$11 ldllti0us LYl InstiCUt0 f
Conpar ~tive Lw is nost IlpprOprillte Ll the NL 2is 11
give the neoess-ry legll support to Indias posi- in
SA1RC countris rnd the TIn-81ignc-n rovenents It ~ iv rIS)
org1nise spooi~lis8f studies r0gion~11y OT cotntr~-1fise
In this regard the Acnilenic Council rccocows oi1
lt)ttention to tho study of Sooilist Leg31 Systcn icul~rly
bec~use of the ncnd to (levolop socialist JUT lSlu(lnco in
the present com --xi of Incia
(q) Libx8ry Developncnt
~in Institution like the NatirYll Law ScbCDl ~J1Dul(i
aspire to o(lvelop librnry fciljtios 6ujt1-110 tel c tGr to
its ao0(lio and researoh cgtrritnents Of course ~ wi
tke fl long tine and a suitnble p1n snoulil bo lovcloped
by tho libr1ry stf of the NIB Me luwhile the ITIS sbv16
-nmroaoh the funding I1gencies within the ccuntry ~lY 8utsi~o
for its libI eery icvolopnents
18
The Pore FOUnGRtion iu IndiR nay be nppro8ched to ssist
the librry in securing volllnes of inpelrtnnt fOIcien
legal periodic~ls and to Gnrol subscriptiDn f0I CllrJO1t sues )f thse pllblic8tims
Sinil31ly the GoverUDont It the CentI -1( in the
st ss Day be nPIJroached to give atlease one copy of its
public3tions frse elf ohlrge to the NIB Library iIecnwhile the
0ssential reports and textmiddot Books ny be irL1ed ictely purchnsoil
befor the connencenont elf the Lonaonic yo 1 bull
(p) Institution of loadenic Chairs
It is an excellont idea to ssocite priv1te
philanthrelpic institutes with the rlevelopnent of tfIS Besiiles
seeking su itnb Ie donat ielns the Acanenic Council rC1celrrcnds
that ina ividuOols nnd institutic-us ny be appronched to L1stitute endDvlLients f8r setting up tte AOf)c(mic Cpoundirs in
different brpJ1cf8S cmiddotf law It is estin~ted tht Cllrir
nay need [ill End ownent of lis 10 lskhs t lt) S UPI)Ort J~cofess Oshy
ship qne necessary staff
DmECTOR 12-12-87
SQf1 -
2007
ANEure R-J13 amp1
1inute of the leeting of the Executive Council held on Saturday the 27th Januan
Item 0 2 - Common Entrance Test
It was resolved that
We accepT in principle holding of a Common Admission TesT but we reiterate that the responsibility of conducting the CAT should be with the NLSIU 50 that the same standards can be retained
Item 0 3 - Ratification of faculty appointments
RecLUltmem - ror raritication - VC said that the consent has already been obrained by circular
Regarding 4 additional increments to Mr Sairam Bhat
The committee disapproved the additional increments given to k Sairam Ella as it is not in confonniry with rhe UGC Rules Tile increments given to others is approved
Item 0 t - Ratification of the administrative staff appointments
The Regularisation was not approved since the procedure was not tolloved properly EC 1tll1her felt that there should be proper records maintained in the process At any cost the backdoor entry shall be avoided
It Vias resolved that
The Registrars olliee should prepare a note with the individual candidates derails and a proposal can be made to EC with the relevant information about their service pay confidential records nature dUties educational qualification etc Also whether the candidate is qualified or not With the complete information the note may be placed before rile Executive CounciL Untillhe decision is made the consolidated pay whalever Tiley were getting should b paid If necessary a meeting may be arranged as soon as the infonnaliol1 is ready
Item 0 8 When Prof Hegde raised some objection regard1llg the irregularity in paying the adcitional increments the Committee insisted to make a formal complaint then they will look imo individual cases
The Committee also suggested lO prepare rhe Rules if already Rules ere available and if modific3rioll is required make a formal proposal and place it betore the EC
As regards fuation of pay to Ir Somu C
Tile EC disapproved the appointment letter issued by the Registrar Howeyer considering the plea of the Vice Chancellor the Executie Colll1cil suggested his presem pay of Rs 25675middot may be protected and new appointment letter may be issued with the relLled amount ie Rs 25000 and not 29000middot
Item ~o S - Investments
The Committee was of the opinion that the office should come out with a proposal ghing a clear picture indicating where it ill be invested- hat is the present rate of interestshywhether to invest in public sector or government organizations and not in private institutions etc and which mumal fund you prefer and reasons for the same The proposal with all the above information may be placed before the EC jx its approvaL
Item ~o 6 - enhancement of tuition fee
Approved
Item ~o 7 - Pension payable to Ms Pushpa eeL Dept
It was approyed and informed that the same pension mte can be appUed as it is applied in other cases
Item ~o 9 As re~arcls inIormation to be ginD under R II
It was approved that only the resolmiol1s can be given and not proceedings
Item ~()10 - Revision ofmerlical budget - Beerappas cae
It as agreed to revise the medical budget
Item ~o 11 - Agreed
Registrar informed the Committee that Prof Bebu Mathews lien will come ~o an end by 3132007 The Committee felt that h silouldjoin before lhe date and if not illS lien will nOl be extended
t~XI item - approved
Item ~o - Increments to those who have reached maximum
The COlllmittee recolllmended that a proposal proposal may be placed before the EC based on rhe CGC Rules for graJll of increments for those who have reached the maximum scale Bused on the proposal the EC may gram some stagnation incremem as per Cemfal GOt Rules
Registrar inf()rmed the Commillee that he is nor genillg any separate allovuce for holding Ot1ice ofRegistrar as he is doing both administration work and also teaching
The Comminee was of the opimon that Ie the maner be placed before Ie with a proper proposal - 11l order to finalise graming of a special aEowancc for a Professor whe11 he is appointed as Registrar during the IeIm of OUice of Registrar
Item ~o 27 - ASLEA Conference
When the Registrar inionned the Committee about the receipt ofRs 1900000- from the UTI Bank towards organizing the ASLEA Conference und that the same has not been rellutted to -rLSIC the EC resolved that
whenever such Conferences Seminars conducted with the coordination ofthe -rLSlt a detailed repolt must be prepared showing the amount received by the concerned Departments i sponsorers xpenses incurred what is the income earned by -rLSru from those Conferences Such reports lUust be duly certified by the Registrar and the same should be placed beli)ft the Ee
Finally EC strongly reconlllended the -[inutes of the Meeting shall be circulated tor approval immediately_
Item No P 3
GRH - Some adyance increments would be -let that proposal come separately Some of the - those who hold the shy
Increments only for the Lecmrer and not for the Asst Professor because he bas PhD Mr Sairam Ehat
UGC Rules - AJD - With the modification for
Let there be a proper note circulated
Sairam Ehat - increments to tbose who hold tbe lecmrer post - Registrar denied shy
Make a proposal for amendment of Rules - we may apply the rules
IF you find any rule - please make applications - before Ee if it is fare
AJD - posts are already there - but here is a situation wherein certain people are working since so many years - who were recruited directly - since 1998 - at that time we were not in a position to appoint shy
The Committee should have been constituted by EC - do not violate the mles
Call for application itself is out of question- they should also face the Committee
They ere on consolidated basis shy
VVK-
You can regularize - there should be some record - prepare a note call those employees - back door entry should not be permitted - we are not against them - the power has to
be exercised by the Ee
Who had approved the internal circular - VC admitted - he himself - it would have been discussed in the meeting Let them also know who are the members of the
The Committee took a decision and authorized Justice Mallimath to take a decision about the
VR Reddy ad hocistlJ should not be there some kind of a procedure should be followed - middotou may appoint a complttenr persoll- but procedure should be foHowed
lallinath m accept his OWI1 statement and pay him only Rs 25000- and nor 29000-
It shall not be treated as a precedm-
You may refix it and ensure that it rotal should not be less than what ~le is drawing 110W
ANNPorsR-14shy
S)finutes of the meeting of the Executive Council held on Sunday the 13th -Iav 2007 at 1 000 AJ
Item 0 1 Confirmation of tbe minutes of the previous Executive Council meeting
With thi permission of the Chair certain decisions have taken at the EC meeting a report of rbe action taken should be placed before the neXI EC
Item ~o 1 Search Comminee Chair Professor as LS1C
Resolved to constiTIlte a search committee consisted of the following members for identitymg s1Iimbie persons for the appoimment to hold the position of the Professor of different eilirs at NLSIl The committee shall be entitled to consult distingUIshed persons for the position the searchcol11mittee shaH plaCe the names so selected in the next meeting for (ile tina decision
1 JUSTice vfaIimath 2 Vice Chancellor 3 Shri Patnaik Silri VR Reddy 5 Mr Gopakumaran air Chairman BCI
Tile members of the EC have requested to suggest suitable names Registrar shall be the Ex-officio Secetary to the Committee
Item ~o 1 The EC consrituted a Committee consisting of following members to tinulise tile niles placed before the next EC
L 5111i BS Reddy 2 ShriDesai Chandrashekar Kamataka Bar Council Chairman 3 Prof V agaraj -I Shri BD Hiremarh
Registrar shaH be the Ex ofiicio secretary
Item 03 Common Entrance Test
It was resolved the modify the resolution to the followin1l ctIeer that the VC should take the stand that having r~gard to the pr~emin~nt pOSition ofrhe NLSIU being the pioneer in holding the Test it should play the leading role in conducting the Common Entranccent Test The VC is requested to persuade the other Vice Chancellors in this behalf
Itelll NO5 Resolved that the proposal contemplated by agenda item no 5 shall be finalized within a week and the approval ofrhe EC sought by circ1Ilation
1
Item 0 6 Increase in fees by Rs 140001- over lasT year was approved and confirmed
Item 0 7 Providing information under RTI Act - Based on the issne relatinl to the publication aboUl Law School in Times ofIndia under RTI Act aIld the issue of~hai can be released in the Press under RTI Act was discussed elaborately though no conclusion was arrived at It was resolved that the information must have leaked bv the administrative STaff and a stern w3ming must be given to them to prevent such happnings in the future
fain Agenda
Item 02
I Reguarisation of the services of administratiw staff
It was resolved to approe the regulanarions of services of the following with from ovember L 2006
i) ills Pushpa Kadam ii) VIs Vidya SG iii) vir Umesh iv) iIlr Naveen Kumar v I VIs Premll Kummi
Resolved that having regard to the exigencies of service becomes necessary to make immediate appointment the VC could make such adhoc appointments and bring it to the notice of the Executive Committee lllunediately in the next EC meeting
Further resolved that if the vacancies should be filled up as per the University Rules and Regulaliols and if ad hoc appointments are eligible to consider their applicatiolls as well The cases of Ms Gma Ms Jyothi v1r Gulam Hyder and Mangala Gowri were not considered for eguiarization as they haye left th se[ce long back
(3rinLoIlldence increments(QthQslt who acqmre ~LPhii and PhD desree
Keeping in mind the UGC guidelines issued on the basis of the Order of the Govt of India dated J July 1998 and the resolution of the Executive Committee dated of August 1999 the Executic Committee resolved to extend the benetit of advance increments to the members of the tcaching statT acquiring PhD or tPhil degree respectively as follows
1 4 and 2 advance increments will be admissible to those hold PhD and tPilil degree respectively at ihe time of recrul1ment as Lecturers and Assistant Professors
2
2 4 and 2 advance increments will be admissible m those who acquire PhD and VLPhil degree respectively afrer the recruinnem to he said post
3 Associate Professors oJlwards who acquire PhD degree after 781999 shall be eligible for two incremems
The aforesaid provislOllS shall be given ef1c to from 781999
4 Appointment ofMr Somu C
After an exhaustiVe consultation on the issue regarding fixation of rile pay to Mr SOlllU on his appointment as Assistam Pro1ssor the Execurive Council resolved to gram four advance increments in the pay scale of Rs 10000 to 15000- so that the total emoluments will be receivim could not be less than the total ellloluments he is recehing in the priare college vhere he is Sefnllg The offer of appoimmcl1t aLready lllade shall be rnodified on these lines
Item No3 Stagnation increments
The Executive Council decided 10 grant the bendt of stagnation increments contemplated to rhe employees of lSIC The proposal in the agenda to grant stagnation increment is approved
Item 110 -I Institution of Allen amp Overy Chair on International Financial Laws
The Execmive Council approved the action taken by the Vice Chancellor in esmblishing a Chair on International Financial Laws 1Inanced by vIs Allen amp Overy Londo It is resolved 10 convey the appreciation Bnd thanks to the donor
Item ~o 5 Convocation
The sltlggesled the tc)Uowing names tor being invited to be the Chief Guest lor the next Convocation
L Shri Gopalaswamy Iyengar Chief Election Commissioner 2 Shri YV Reddy RBI Governor 3 Shri Fali Slariman Sr Advocate 4 Shri K Pachauri
In case none of the above are not mailable the Vice Chancellor may at his discretion invite any other suirable dignitmy
Item -0 6 3 reservation for physically challenged candidates in the Admission to XLS
EC defened it to the next meeting The Registrar shall place before the Executive CounciL a copy of the Act the Judgment rendered by the High court of Karnataia and
3
- -
bt also a copy of the report said to have been submitted by Justice Rama Jois if available along with relevant judgments
Item 0 7
The EC committee decided to consider the incentive to be given to the staff members on the occasion of the Silver Jubilee function of tile University
Item 08 Selection of the administrative staff
The EC felt that the response to the advertisements being very pOOL steps should be taken to adequately advertise and invite applications afresh In view of the urgent necessity to carryon the administration the EC 3mhorizes the VC to make ad hoc appointments pending regulu recruitment TO the posts of Secretary Office Assistants and Junior Assistants Adequate steps should be taken for adwnising posts indicating all relevant details
Among the three members to be nominated by the VC under the LSIU Regulation 4(c ) the Chainnan of the Karnataka State Bar Councilor any member nominated by him shall be nominated
Item 09 Establishment of a Centre
Resolved to constitute a committee consisting of the following members of the Executive Committee to scrutinize the proposal and to take a final decision in this regard
L Chail1113n of the State Bar Council 2 Bar Council ofIndia member from Karnataka 3 Law Secretary
Item 0 10 Institution of Chair on Consumer Law
The Council noted with appreciation the sanction of professorial chair on Consumer Law amp Practice bv the Ministrv of Consumer Affairs to set up Chair on Consumer Law 8 Practice at LSIC EC authorized the University to convey the appreciation and thanks to the appropriate authority
4
ITEM NO17 171 COURT NO5 SECTION PIL-W
SUP REM E C 0 U R T 0 FIN 0 I A RECORD OF PROCEEDINGS
writ petition(Civil) NO 6002015
SHAMNAD BASHEER VERSUS
petitioner(s
UNION OF INDIA amp ORS (WITH APPLN(S) FOR PERMISSION INTERVENTION APPLN) WITH WP(C) NO 5762018 (X)
TO FILE ADDL DORespondent(s)
CUMENTS
Date 30-10-2018 These matters were called on for hearing today
CORAM HONBLE MR JUSTICE SA BOBDE HONBLE MR JUSTICE L NAG ESWARA RAO
For Petitioner(s) Mr zoheb Hossain AOR Mr Adeeba Mujathid Adv Mr Vivek Gurnani Adv
For petitioner(s) Respondent(s) Ms Roopali Mohan Adv
Mr Namit saxena Adv Ms Taruna Ardhendumaul1 prasad Adv Mr Piyush Singh Adv Mr Amritesh Raj Adv Mr Nitesh Ranjan Adv Mr Shashank saxena Adv Mr Ardhendumaul1 Kumar prasad AOR
For Respondent(s) Mr Rakesh Munjal sr Adv Mr SS Ray Adv Mr Vaibhav Gulia Adv Mr Puneet Gupta Adv Mr paramjit Singh Jaswal Adv Mr Ravinder Singh Adv Ms Rakhi Ray AOR
Mr Atmaram NS Nadkarni ASG Mr Merusagar samantray Adv Mr Ritesh Kumar Adv Ms Suhasini sen Adv Mr Leelesh Krishna Adv Mr Arvind Kumar Sharma Adv Mr Gurmeet singh Makker AOR
~) i
2
Mr sajan poovayya Sr Adv Mr priyadarshi Banerjee Adv Mr Pratibhanu singh Kharola Adv Ms priyanka MP Adv Mr Risha Agarwal Adv Mr EC Agrawala AOR
Mr Anand varma AOR MsShubhangni Jain Adv MS Manpreet Kaur Adv
Mr Puneet Gupta Adv ~lr Ravinder singh Adv Mrs Reeta Dewan puri Adv Mr PN puri AOR
Mr Maninder singh Sr Adv Mr Prabhas Bajaj Adv Mr Gaurav Sharma AOR
UPON hearing the counsel the court made the following o R D E R
The copy of the report filed by the union of India Ministry of Human Resource amp Development pursuant to order dated 13062018 passed in wP(C) No 5512018 be furnished to learned counsel for the parties
List the matters on 28112018
[ Charanjeet Kaur ] [ Indu Kumari pokhriyal ] AR-cum-PS Asstt Registrar
ITEM NO5 51 COURT NO5 SECTION PIL-W
SUP REM E C 0 U R T 0 FIN D I A RECORD OF PROCEEDINGS
writ petition(Civil) NO 6ee2015
SHAMNAD BASHEER VERSUS
petitioner(s)
UNION OF INDIA amp ORS (WITH APPLN(S) FOR PERMISSION INTERVENTION APPLN) WITH wP(C) No 5762018 (X)
TO FILE ADDL Respondent(s)
DOCUMENTS
Date 28-11-2018 These matters were called on for hearing today
CORAM HONBLE MR JUSTICE SA BOBDE HONBLE MR JUSTICE L NAGESWARA RAO HONBLE MR JUSTICE R SUBHASH REDDY
For petitioner(s) Mr Zoheb Hossain AOR Mr Gopal shankar Narayan Adv Mr Adeeba Mujathid Adv Mr Vivek Gurnani Adv
For petitioner(s) Mr vikas singh sr Adv Respondent(s) Mr Ardhendumauli Kumar prasad AOR
Mr Amritesh Raj Adv Mr Piyush Singh Adv Mr Nitesh Ranjan Adv Mr vaibhav shrivastava Adv Mr Sashank saxena Adv
Mr Namit saxena adv MS Taruna Ardhendumauli prasad Adv
For Respondent(s) Mr Rakesh Munjal Sr Adv Mr SS Ray Adv Mr Funeet Gupta Adv Mr vaibhav Gulia Adv Ms Rakhi Ray AOR
Mr V Giri Sr Adv Mr AKarthi K Adv Ms Rakhi Ray Adv
2
Mr Atmaram NS Nadkarni ASG Ms suhasini sen Adv Mr Ritesh Kumar Adv Mr Leelesh Krishna Adv Mr Marusagar samantray Adv Mr Arvind Kumar Sharma Adv Mr Salvadar santosh Rebellow Adv Mr Gurmeet singh Makker AOR
Mr Sajan Poovayya Sr Adv Mr prlyadarshi Banerjee Adv ~r Pratibhanu singh Kharola Adv rmiddotls priyanka M P Adv Mr EC Agrawala AOR
r1r Anand varma AOR
Mr punaet Gupta Adv Mr Ravinder singh Adv Mrs Reeta Dewan puri Adv prof paramjit Jaswal Adv Prof KD Rao Adv Mr PN puri AOR
Mr Prabhas Bajaj Adv Mr Dhawal Mohan Adv Mr Abhishek Adv Mr Gaurav Sharma AOR
For Applicants) MS M Sidhu Adv Mr P vinay Kumar Adv
Mr PS Narasimha sr Adv Mr SS Ray Adv Mr Puneet Gupta Adv Ms Rakhi Ray AOR
UPON hearing the counsel the court made the following o R D E R
Application for intervention is dismissed as
withdrawn
shri Atmaram N S Nadkarni learned Additional
Solicitor General appearing on behalf of the Union
of India ~linlstry of Human Resource amp Development
states that the Government has prepared a report
3
and shall further convene a meeting of all the
parties to these petitions NTA and the Bar council
of India seek their views and make appropriate
recommendations for the holding of the examination
within four weeks
List thereafter
[ Charanjeet Kaur ] [ Indu Kumari pokhriyal ] AR-cum-ps Asstt Registrar
7-+ 0( AMNI~URpound tlt_Ihi
2Q lt ( gt ( - -
~ ~ A
-
p V -~d T] Y-P~iCL of ~-lt)Eign Sud~nts thp drnissio is i-l~ be COI)iuct-d wit)middot the help of Inrin ~~Llt_~lon~
llgtrO~j ~n -t~poundO rgtSpctiVF cnJn~cies
1 r
lh- durtlon of tht course shall bE for 21 peri00 of (iv~~ j~lcaderrjic yeilrs j
CJ 1~ltJch acadeHic _divided into_ thceuroE academic terrnS J
f~lCh tE-rm called a orrimestErcent hDvin0 a minimum of 70 vJcfrki (H) days
C3 Ph- Icdcmic t(rms shilllordinarily be from lst July to --lOth -Septcober t poundrom 5th Oct to 15th Junuclry an(l from 1 (1 t ~l ~] AnlJ a ry to 20 t h A1ri 1 ~
~
6 l Irhp tu i t ton f~(~ foc th0 dampgree progr1fnrne for each yedr -
~~~ 1 i-gt ~ bull )~~jt7-middot which shall be collectEd in th~e IntlIcn~s 0t tl--H~ b(9ir~n of lt2Crk Trin~c-$ter I fcgte i~ not pdid i--hin a week er the co-mrnCncemlt2Ylt of thlt Tr~rgt~middot I i sh~~ 1 be C012Ectec with tate Jf if 1shyor c1~~y t11-l rre- end of 20 working days Can-didut(s who f) l te feeuro wtY)it the nrc-scrlbcd aerior] with ~ate
(fmiddot sri~)l rgtrnoveo -(om lt~G rolls ltH(~ they shall bEgt C~gt-j(1rrit~td onJy on pitympt 0+ rf--)cm-sion feE- oE Imiddot 100shy~(( 1 ~risf-1ct()ry rJport o~ progress ond conduct from 2 Tc~chFr of thp P~culty
In rpsnect of rrwl v acrni ttEO stIJcens admission wi 11 no )( com~letP lJJ11ess- thFY Pi)Y the prescribEc within Sonci fieod ti1le
6 ~ 3 Besidelt= flt( 2lt trl bp9inning of the fi--st trimestr of fdCn ypar J U CltiHldidatgt i (cQuirec to pay a sum of
tOWi1n1 xc1dlrHJ rnJti~rit~ls ar1lt3 a further sum of OWi~fU~ co-ctJcricu~~r ~nd ~tudent welfare activishy
~OL(~ Tuition )nc other fees paid by th0 students irlini ttEC1 to thi course 1 not Je Efundeci u~dFr- any C cumstancs
1
A1)Npoundx UltE remiddot-VishyTS
Academic Calendar at NLS
Resolutions on Academic Calendar
The Academic Council Meeting on 12th December 1987 proposed that each Academic Year be divided into three academic terms each with a minimum of 70 working days This academic term will be called a trimester
On 1th September 1988 the 4th Executive Council Meeting of NLSIU resolved that each Academic Year is civided into 3 academic terms Each term called a trimester has a minimum of 70 working days
Consequences of the Resolutions Tne mandatory 70 working days are spread across 12-13 weeks Each 12-13 week trimester extends to 90 calendar days 3 trimesters will require 270 calendar days
Ordinariiy students complete compUisory internships during the term breaks which vary from 30 to 45 days This year we had planned to forego the term break and replace it with a 15 day break between each trimester as this Is essential to finish evaluation ana assessment exercises Hence the Academic Year requires 315 days
Academic Year 2020-21
If hLS Admissions is completed under the NLAT 2020 Schedule the Academic Year will run from SeJtember 18 2020 to June 30 2021 This will allow for 285 calendar days this year leaving a 30 day shortfall We may preserve the Academic Year by further compreSSing the evaluation and assessment period to 5 days ThiS is neither optimal or desirable bul is the result of the delayed CLAT 2020 schedule Hence the Academic Year 2020-21 will be competed before the start of Academic Year 2021-22 on July 12021
If NLS Admissions is completed under CLAT 2020 From October 10 to June 30 2021 the AcademiC Year wiil have 263 days leaving a 52 day gap Even if we compress the evaluation and assessment Deriod to 5 days between each term and save 30 days the Academic Year 2020-21 cannot be delivered
ANNExOltE RJ
r Nithya Rajshekhar ltIegalnlsacingt
Letter from Nirma University Law School which has a trimester system for LLM and has moved away from CLAT for this process this year
$arasu ltSarasunlsacingt Sat Sep 12 2020 at 1031 AM Te Nithya Ra]shakhar ltIegalnisacingt Co Sudhir Krishnaswany ltsudhirnisacingt
bullbullbullbullbullbullbullbullbullbull Forwalded message bullbullbullbullbullbullbull From Purvi Pokhariyal ltdirector Date Sat Sap 12 20201027 AM Subject Thank yeun To Sarasu ltsarasunisacingt
Dear prof Sarasu Thomas Professor of Law amp Registrar Iational Law Scnool of India University 8anglore
Subject gratlCude for gracing Commermcement session of One Year LLM batch (2020middot21)
Dear SaraSJ Maam
It was Inaeed an absolute pleasure to host you for he commencement (Orientstionj session for our newiy admitted ere year LLM batCh of 20middot21
Your motivalional address infused new energy and enthusiam amongst the sldents during this testing times
As you know this is one year programme and il is expected to nurture pest graduate students with cognitive deeper unaersranding on specialised afea along with sflarpening their research and writing skills One year programme comprises of fhree trimester for our LLM programme And we were running out of time due to delay in centralised acmisison process through CLAT 2020 So finally in early August we have decided to change the mode of admission from CLAT to graduation merit So thai we can save time of our first trimesler and can compiete the programme on time Accordingly we could start our new LLM batch from 31st August 2020 I am really thankful to you for accepting our invitation for OJr format commencement ceremony You have been motivating and inspiring generations of SUdents throughlout aU these years and your words wiseom paved a new direction for leming for our LLM students received oV80Nheming feedback from this session and must be thankful to you to be with us and helping us for guiding our LLM students during this unprecedented times Tnis is unprecedented time and that demands the unusual responses and newadapatabiiity
Thank you once again
VVi1h regaros
Purvi
06011020 The General Body The NLUs was held The Secretary-Treasurer introduced and explained to the members various steps taken by the CLAT Secremriat in preparmion of the examination including a user-fhendly and streamlined website for the C onsonium and CLAT 2020 and a sample of tile revised format of the CLAT paper designed to test slUdem aptitude instead of prior knowledge of law The sample paper had also been $tlrveyed by students from LSIU The eftons of the CLAT Secretariat on both initialives were specially commended by the Members
Additionally he also briefed the General Body that the CLAT Secretariat had put in efforts to develop and innoduce free and high-quality study materials and mock tests tor aU eLAT applicants so as to not disadvantage those slUdents who could not afford coaching
21042020 Due to the ongoing COV1D-19 lock-downs Executive COlllmittee of the Consortium postponed the CLAT 2020 I examination from lOh May 2020 and rescheduled to 21 Sl June
2020 I 1--------+- __
17052020 The Executive Committee of the Consortium resolved to postpone the eLAT 2020 again (2nd eLAT Postponement) The Consortium issued a notification infoDning candidates that a new date would be notified by 0 I July 2020 At the same meering the Respondent No2 informed the of the large increase in the number of applications after the digital marketing initiative
---- 17062020 The Executive Committee of the Consortium met The
Respondent No2 presented the report oftlle survey conducted by the CLAT Secretariat to evaluate options for conduct of the exam given die Covid-19 pandemic The Executive Committee assessed the feasibility of continuing with a penshyand-paper exam VS an online computer-based exanlination The Respondent No2 also reported his effons in contacting I vendors to conduct an online examination I
29062010
7B
16072020
30072020
The Committee of the Consonium issued a notification scheduhllg the CLAT 2010 exam on 22nd August 2020 The test was to be a centre-based online compnter eX3m The Executive Comminee was Infolmed by the Convenor rhat a Vendor had been selected
A General Body Meeting of the C onsortiull1 was held The Respondent No2 intormed the Consortium of the various measures taken by the CLAT Secretariat including
bull Due to the pandemic simation the test centres were expanded from 67 ro 103
bull Detailed Medical protocols to be followed 011 the exam day
bull The mock exams schedule has been prepared and shared to all the VCs
The Respondent No2 also infonned the membls about the proposal for securing an insurance policy for swdenls and staff for the duration of CLAT 2020 exams He informed that proposais have been sought from various Insurance Companies and the best proposal received was shared with the VCs The Consortium authorised Secretary-Treasurer and the President to go ahead with the said Proposal
However certain members raised objections 011 the ground that the price for an Insmance Policy was too higb to bear for the Consortium tmd not necessary
A meeting of the ExecutiYe Committee of the Comoniulll of NICs was held The Respondent NO2middots proposal to secure an Illsuranc Policy fOT students and staff as a precautionary measure lor CLAT 2020 was rejected despite general support froln several melubers for the sole reason tlw it [$ 110t necessary and it il1vole5 huge amount and does not serve any I- purpose
~
The Respondent 02 did not share the Same middotiew
At the same meeting despite the Health and Safety Protocols and the conversion of the exam to a Computer Based format in order to accommodate shldents during the pandemic few members raised health concerns and SUgested J2poundstponemelll i l
of the CLAT 2010 from 2200 August 2010 Hovever the Consonillm resolved to decide the issue at its next meeting
05082020 The Executive Committee of the Consortium of NLUs held a meeting to consider the date of the CLAT2020 exam
The Test Vendor was also in place to conduct the exam 011 7th
September 2020 The Respondent No2 had also begun the process of securing an additional approval from MHA for the conduct of the CLAT exam and to ensure all candidates would be allowed to travel to the centres Respondent No1 mged the Consol1iull1 against postponement of the exam given the extensive Covid-preventative measures being taken at the centres and the need to preserve the Academic YeaL
The Respondent No2 shared a presentation with the Executive C01l1111inee detailing the impact of a postponement on the Academic Calendar of the Respondent No1 University and proposing a host ofoptions in order to accolmnodate members facing such difficulties bull for NLUs to proceed with their own admission process tor I
2020-21
bull aHow for CLAT 2020 to be conducted in two series so that Universities may choose an earlier or Imer date and
bull for NLUs to admit CLAT-enrolled students to appear for separate exams conducted by the NLUs with no further need for registration or fee payment
Despite this the Consoniulll by majority vote merely resolved to postpone the eXllnllnatiol4 to a date to be i
detennilled later
10082020 The General Bodv Qfthe Consortium ofNLUs held a meeting i fuwhere it was dcided to schedule the CLAT exam on
September 2020 Whilst this date would enable members such as NLSIU to complete their admissions without suffering a Zero Year some participants menfloned that it may be necessary to postpone the examination even further
L--_____L______________________-J
27082020 The Executive Council of the Consonjum took the decision to postpone eLAT once again
The Respondent No2 raised serious objections TO the postponement and also brought to the notice of the COllSoniulll the fact that the pandemic would only get worse it1 the coming months Further to facilitate the of institutions reliant on CLAT who would not be able to sustain ftuther delay he optiOllS already presented and discussed with the Consortium the Respoudent No2 offered to undenvTie the entire CLAT 2020 examination from NLSflJs share of Consortium fees in order to hold the examination on the fixed date of 7th September 2020 However none of the options were accepted by the Consortium
ANMEM01pound R1Ie atiouaj Law Scho()l of india University Ballzalore i J
inllts of the Emergency Faculty lerring held via videu confrrcnce euroIll 6th August 020
lullbers preent lts Iht Zoon1 ~iJn R-cOrGlng
1 PU$lpoThm~H ofCLAT yet again from 22nd Aligust to 7th S~pt(nber ~020
Contingency Plan to prevent a Zero Year
Disc ussion
Th- ViCt1 Chancellor Prof Sudhir KrlslmaSvarny informed that en1rgcHcy l1heting had been called to the decision the Executive C0t11ITliHe of the Consonium National Law Universities dated 05092020 to postpone the CLAT 2020 exam undl funner notice t was also informed that a new date for CLAT 2020 -as not yet finalised however it was likely that the exam would schedukd in September He tated that this emergency Facllhy Meeting had been
0 decide on NLSUs next steps
TllC Vice Chancellor infonned the Faculty he hud pHt forth the case of NLSIU lt1t the only National Law UnivilTsily having a trimester system before the Consortium members He infom1cd Consortium that delays in CLAT Nould unfairly prejudice NLSIU and set before them several alternatives including (1) allowing NLSIU 0 go ahead with an alternate admisslols process lor this
lild r) allowing multiple CLAT exams and go ahead with the date as proposed
Vice ChanceUor timber informed the Faculty that the CLAT 2020 had been postponed the hid time despite the extensive health and safety protocols and a rede$ign of the ~xam (Q a centre-based computer exam As the Covid-19 pandemic is only getting worse there is no justiI1carion for further delays
Fuculry il1cnlbcrs expressed concern that the trimester was going to be severely dt~layed as a
th~ postpot)CJncHt Undergraduate Chairperson Prof T Somnshekhar suggested going ahead vith an exam immedimely to prevent fmher delay and to explore using the same centres as CLAT
Other Faculty 111cmbcrs including Pr)f Ashok Patll suggested thatvlc should fun our ovn entrttnclt exam NIr Kunai Ambasta agreed bUt expressed concern about the costs of administering a scpamte entrance eXctlDlnatloD
Jflndakishore lt-luerkei whether ve couid go ahead for this staying tvithin
lnernbers inciudjng Sanyukta Choudhry and Ms Rashmi Vcnkatcn if it was PQssihlt IO have a dekly~d trimesrer nnd hm the inlpact ofthlt WOUld be Acadernic calendar options (r( txplored
Bnbu 11athev opined e should xplore many options 5hared TvlPP course to begin on ciCil1
Registrar~ Prof Sarasu Eshef Thon1as nmde a short prescntmion on the of a T on the S A-eadernic Year
1 Impact on applklnh
H1m p-ymc
r1nyioin these middotXl]]
P(rc(nt~~( of Point of 1ime nJen nolk of Refund of fcc of adrnission is ncchcrd
(Hlr
1s Ycn) Bi~~
I Trimester to II Trimcsn D~CCFhcr to
m
h) announce ~i
L)se 1 LLYl
to tho- yho wand to JOB)
2 Impact un NLSn
r ould -0 jom orh-r Hhtinntons
that WOtl ld bc 1n
I cgt Rs 9911gt7501middot
nOled that th~ k--ping the In a zero this
rJun-optlD1WH lbe
Possible gtOiUtiUllS
iovving pO$siolc solutions to Ihlt
quality addlTlonal uuuhk workload reachers and wnt til
DClsng ~1 adulisiuns lEosS ttJ corrplt~d urgtntly vhich EaHovmiddot us t) admit studnts rntd~Septen1ber and Viih ddayd b~it trirn12s1cr C(lYlprOrtusHlg JCadCl1iics
Dednre D 11h concqu~rH financIal losses lo-s of lainl tc as last rsort
4 If we run our tlvn entrance cxmn We rnay have to bear a snudt IO-is in monetary t(nns cntrmce process at a
it vns ionduded ihat smCe dH date ll) CLAT exan1 had nOI bcen flxLi 1hen W~l~ no vbClher voldd be any furh~r postponcn1entS LSIlJ be ith puhing
uirncgtter LO th ecund rrlrn-skr and so fDrth lhereby n1-lking it impo$)iblc to up 2021 In such a cnse~ rLSrC will be forcedo announct a zero y(ar~
US Lfl
nsoi cd
Executive
~g --1tUE tpZshy
Extract ofDraft Minutes of9t Executive Council Meetillg
DRAFT MINUTES OF THE 91 MEETING OF THE EXECUTIVE COUNCIL OF THE
ATIONAL LAW SCHOOL OF INDIA UNIVERSITY MELDON
WEDNESDAY AUGUST 12 2020 AT 330 PM AND ON
TUESDAY AUGUST 18 2020 AT 430 PM VIA VIDEO CONFERENCIgtlG
MEMBERS PRESENT I Honble Mr Justice Uday Umesh Lalit Judge Supreme Court ofIndia 2 Honbie Mr Justice Dhananjaya Y Chandrachud Judge Supreme Court of india 3 Honble Mr Justice S Abdul Nazecr Judge Supreme Court oflndia 4 Honble Mr Justice V Gopala Gowda Former Judge Supreme Court oflndia 5 Shri Manan Kumar Mishra Senior Advocate Chairman Bar Council of India 6 Shri S Prabakaran Senior Advocate Co Chairman Bar Council oflndia 7 Shri Deb] Prasad Dha Advocate Managing Tnlstee BCI Trust 8 Shr1 Apurba Kumar Sharma Senior Advocate Chairman Executive Committee Bar
Council oflndia 9 Shd Y R Sadasiva Reddy Member Bar Council of India 10 Shri Ved Prakash Sharma Advocate Member Bar Councll oflndia 11 Shri Prashant Kumar Singh Advocate Member Bar Council of India 2 Shri Anil Kumar 1M Chairman Karnataka State Bar Council 13 Shd tV Ramana Reddy lAS Additional Chief Secretary to Government or Karnataka
Higher Education Department 14 Shf1 SY Watawati Law Secretary Government of Karnataka 15 Prof (Dr) Sudhir Krishnaswamy Vice Cbancellor NLSIU 16 Prof (Dr) Ashok R Pati] Professor of Law NLSlU 17 Prot (Dr) TS Somashekhar Professor in Economics NLSIU J8 Dr Nagarathna A Associate Professor NLSJU
AliD 19 Pro[ (Dr) Sarasu Esther Thomas Registrar amp Professor of Law as Secretary to the
Executive Council
lVIEMBERS VRO EXCUSED THEMSELVES L HonbJc Mr Justice Mohan M Shantanagouclar Judge Supreme Court ofIndia
Opening Remarks
The Vice Chancellor Prof Sudhir Krishnaswamy welcomed al the members to the 9i Meeting of the Executive Council He thanked the Honble Judges representatives ofthe Karnalaka Stale Gevernment and members of the Bar Council of India for agreeing to attend this Executive
-ss Council TvteeHng organized at short notice or Video Conference He informed tflC 1crnbers that the Honbie ChiefJustice of India the Chsnceillllofthe University was unable to atlcu and had ominated Honble Justice UlJ Lalit to Chair themeeting in his abence
Justice Lalit clarified the reasOns why this emergency Executive Ceunci I Meeting had been convened at shori notice at his initiative First as CLA T 2020 had been postponed several times the University is unlikely to complete admissions by September 2020 Hence lLSIU faces the prospect or a zero year 1ere 120 BALLB + 50 LLM students will not be admitted and (be University wili lose INR16 crores over 5 years Secondly as the University had submitted a comprehensive Report reviewing the Reservation Policy in the third week of July this Report should be discussed while Ihe admissions process was underway
Justice Lalit then asked if any Member took objection to the short notice and was keen that the Meeting should be adjourned Ali Members unanimously agreed that due to the urgent nature of the agenda of the Meeing the usual lime trames for the Meeting may be dispensed with on this occasion
~ __-1-_- _ - _ _-- -- --- i Item No1 i Postponement of CLAT 2020 and Admissions to the NLSIL for the i_ ____J_A2e~)r2Q~Q21 ________ ____ __
Discussion IMembers noted that the Governing Body of the Consortium ofNLUs held an iemergencv meeting on Aug 10th 2020 to reschedule CLAT 2020 from Aug 22nd to 7en September 2020 ) i i 1 Members expressed concern that CLAT 2020 had been rescheduled 3 times and
further postponement could not be ruled out The Vice Chancellor clarified that the University has made adequate plans to compress the Academic Year if the 1
exam is completed On September 7th 2020 I
However several Members expressed concerns if CLA T 2020 was delayed 1 further All Members agreed that the consequences ofa Zltro Year in terms of loss of revenue (around i 6 crons) and loss of oppoltunity to 120 SA LLB (Hons) and 50 LLM students [0 study at the National Law School was too high a price to pay
Some Members suggested exploring various admissions options using 12th Stllndard Marks other entrance examination results or conducting an online examination The Chair emphasized that it is critical to authorize and urge the University to take immediate steps to prevent a Zero Year if CLAT 2020 is
i further rescheduled
i I The Chair requested the Vic Chancellor to consult withthe BCI Chairpls~n in the event that the Umverslly needs the leave of the Supreme Court In mese I 1____~__-lllat~~~ __ _ ___ _~__ __ _________ _jI _ 1 l was resolved unanimously that jfthere is a further delay in CLA T the Vce 1
L_~C~~nJ9_~ll~cel()r--~_lt11Jlowredt2takeai I necessar $iJlLt~nsur(U~ltlUl1ej
(J ry(Y~~
TAdmissions Processfor 2020-2 i~i~ completed in Septe111ber 2020
NLSIU is authQrised to fUll ft~ own admission process and conduct an i independert admisson tcst if necessary if there s further postponement of the I CLATexam
It was decided that the meeting would be adjourned to 18th August 2020 at 430 PM The Vice Chancellor thanked all the members for joining this meeting
After a formal weicome by the Vice Chancelor Justice U U Lalit chair the meeting and invited Justice Gopala Gowda to present his note feHowed by a presentation by the Chairman Bar Council ofindia
__ _~ ~__Ugt___ _~~~ _~~_~ _~ __ bullbullbull___ ~~ __ ~bullbull~~_~ gt _ 0 ~~ ~_____ ~~ _ __~ ~____ __ ______ __ __ __ __
1 -__~_~~__~ bull i Anv other item with the ncrmission of the Chair
n __ __ Item 3 __ ~~bullbull_______ ~_________bull ______ __ ______ - _~~ ~~~ ~~bullbull _~~~ ~ __--J~_~ __
Discussion The Chair asked the Vice Chancellor to clarify that CLA T 2020 was likely to be r held on 7th September 2020 The Vice Chance lor confirmed that as per the i current schedule it was to be conducted on 7th September 2020 but the I Consortium tny choose to reconsider the date later I
i--~------- i-------~ --_---- ---------------_--- ---- ---- -- ---
Decision i
The Executive Council unanimously reconfirmed this resolution to empower i
the Vice Chancellor and the Jniversity to conduct an independent admission iL_ _________jJ~poundf~ipoundE~1Jt t~at C~~T 29Qis dela)~ecc fU~~t____~~_________
The Vice Chancellor thanked all the Members for joining the meeting and thanked Justice UU Lalit for chairing this important emergency Executive Council meeting
SdJshyRegistrar National Law School oflndia University Bangalore
RE~srRfl~ Mttcrpt iegt s~ vi ImF(l flriilitt
~amp9lc n01ty~$J~z1i ll~ilIIii ~~1a
ANNExurE R14 iT NATIONAL LAW SCHOOL OF INDIA UNIVERSITY
Post Bag No 7201 NAGARBHAVI BENGALURU - 560 242 (Old Code No 560072) INDIA
Talalax 080 - 2321316023160532535 Fax OBO - 2316 0534 Website WWWnlsac-in Email registrarnlsaci
Report of the BALLB(Honsl and LLM Admissions Committee 2020
Committee Members
1 Prof (Dr) Sarasu Esther Thomas Registrar 2 Professor Babu Mathew 3 Assistant Professor (Dr) Kaushik Basu 4 Assistant Professor Kunal Arnbasta 5 Assistant Professor Sanyukta Chowdhury 6 Nithya Rhea Rajashekar Advocate (Legal Advisor to the Committee)
A Objective
Since inception admission to the BA LLB (Hons) programme has been purely on the basis of merit as assessed through a common entrance exam The University conducted its own AIIshyIndia entrance examination until 2008 when the Common Law AdmiSSion Test was conceived In 2018 the Consortium of National Law Universities comprising the ViceshyChancellors of 22 National Law Universities was formed to establish a Permanent CLAT Secretariat for the conduction of the CLA T Admissions to the Universitys BA LLB(Hons) and LLM programme were also done on the basis of CLA T score
The Covid-19 pandemic has however caused unforeseen difficulties and delays in the conduct of CLA T 2020 The repeated postponement of the examination has resulted in uncertainty for students parents and the participating Universities NLSIU is uniquely disadvantaged as it follows a trimester system where every academic year is made up of three terms of 90 days duration Moreover each term must accommodate 60 hours of classroom instruction in each course and adequately provide for examination and evaluation processes Further the academic offering for the 3rd 4th and 5th year of the BA LLB programme as well as the LLM programme is fully integrated and requires a common academic calendar
Hence if NLSIU is unable to complete admissions before the end of September 2020 it will inevitably result in a Zero Year with no admission This will deprive law students of the opportunity to pursue their studies this year at Indias premier law university We are fully committed to ensuring that no student is denied the opportunity to study at NLSIU this Academic Year Hence NLSIU is compelled by the current circumstances to conduct a separate admissions process for the BA LLB and LLM programmes for the Academic Year 2020-21
This matter was considered at length at a Faculty Meeting at the University on August 6th 2020 where the Faculty unanimously resolved that NLSIU needed to take all measures necessary to avoid a Zero Year The Executive Council of the University at its 915t Meeting held in two sessions on August 12 2020 and 18th August 2020 met to consider the matter and unanimously resolved to authorize the University to develop an alternative admissions process in the event that CLAT 2020 was not conducted on September 7 2020
h fin stablished under Kamataka Act 22 of 1986
-tgg On August 28 the Executive Committee of the Consortium of National Law Universities postponed CLAT 2020 from September 7 to September 28 2020 Accordingly this Faculty
Sub-Committee was constituted by the Vice-Chancellor and tasked with formulating a revised admission procedure for the academic year 2020-21 with respect to the BA LLB (Hons) and LLM Programme (hereinafter referred to as Programmes)
B Options available before the Committee
1 Conduct an online entrance exam at identified centres across the country for all applicants
2 Conduct a home-based proctored online entrance exam for all applicents
3 Conduct a home-based proctored online entrance exam for applicants shortlisled as per pre-defined criteria
81 Committees decision regarding Option 1
As per expenditure estimates prepared by the University conducting an online entrance exam at identified centres across the country for aU applicants would cost Rs 4 crores Moreover under the given lime constraints it would be extremely challenging to organise the same Further a home-based online examination discussed in Option 2 and 3 below ensures that candictates do not need to travel to physical centres for an additional examination
Accordingly the Committee decided that option 1 would be unfeasible
82 Committees decision regarding Option 2 and 3
A home-based proctored online entrance exam for all applicants would not be feasible given the expected number ofapplicants (apprOXimately 20000+ for BA LLB and 5000 for LLM considering the late call) and the available funds of the UniverSity unless some minimum fee is charged from applicants If this is done we may make an open call
~Ihere no application fee is charged such an entrance exam is feasible for applicants
shorlisted as per pre-defined criteria Subsequent to the initial deliberations ofthe SubshyCommittee it was made known to the members that the procedure for admissions as finalised by Ihe Academic Council on December 12 1987 was that Admission to tile Law School would be only on the basis of the Written Admission Tes
The Committee discussed the available technology platforms for conducting homeshybased proctored online entrance examination with two vendors (Edchemy and Coshycubes The Commiltee also got in touch with Pearson Vue and NSEIT) A moreurogt exhaustive search may be undertaken by the University before making the choice of technology partner for the entrance exam
With respect to the application fee the University has tlllIO options - (i) to charge a nominal application fee (in the range of Rs 100 Rs 250) to recover part of the costs
111 (with the balance being met by the University funds) or (Ii to not charge any application fee While the CommITtee felt that (i) was ideal a final decision may be taken by the Vice-Chancellor in this regard depending on the final expenditure estimates of the entire admissions process and availability of funds with the University
Therefore having considered all the options it was concluded by the Committee that an online home-based entrance examination conducted for all appticants at the earliest and with the lowest possible application fee would be a fair transparent and accessible admissions process
C Committees recommendation regarding conduct of home based online proctored entrance examination
The syllabus of the examination should be as ctose as possible to the Common Law Admission Test 2020 so that candidates are not required to undertake any additional preparation for the NLS1U Entrance exam The following format was recommended by the Committee
Maximum Marks 80
Duration of the Exam 45 minutes
Question Type Multiple Choice Questions only
Marking Scheme 2 mark per correct answer
-050 marks per wrong answer
-025 marks per skippedunanswered question
Candidates will have to appear for the examination using a computer device with video and audio transmission available They should be informed in advance that the University would noi be responsible for any connectivity issues or failure of intemet connection during the examination
A mock examination should be held to familiarise the candidates with the technology plalform on which the examination will be conducted
There should be a protocol established to deal with potential malpractice since the examination will be attempted by the candidates in a home environment It is understood that the available technology allows for artificial intelligence enabled human proctoring of the examination Additionally the technology vendor will put in place software mechanisms to ensure that forms of examination malpractice will be detected and suitable action taken This should include but is not limited 10 restricting access to different online tabs on the computer audio detection continuous video streaming detection of multiple login attempts etc In addition to proctoring during the examination post hoc verification must be conducted on the besis of detailed logs and data records maintained by the human proctors and the available system records In cases of observed malpractice the candidates examination should be cancelled by the University
At the time of computation of final scores pest the examination if twO or more cajsobtain the sameuro marks a break of tie should be made by the following procedure and order (i Higher number of correct answers to Legal Reasoning Questions (if) Higher number of correct answers in the overall examinatiOn iii) ComputeriSEld draw of lets
n view of the fotegoing discussion on the available options the Vice Chancellor may take the
final deCision 01 the admissions procedure to be followed for the academic year 2020-21
rurfw~_iv___ j J u ----shy
Prof (Dr) Sarasu Esther Thomas Professor 8abu Mathew
Dr Kaushik Basu Mr Kunal Ambasta
Ms Sanyukta Chowdhury Ms Nithya Rhea Rajeshekar
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ANNEXURE R-Il4shy
Honble Justice ~1L U C Lalit Judge the Supreme COlit ofIndia ChairmalL Executive C ounci Xational Law School oIIndia 1Jlliversity
36 September 1010
Sub Decision of the Consortium of -iational Law Universities on 28082020 to postpone
CLAT2020
Honble Sir
Greetings from NLSIU Bangalore
The Comonium of National Law Uillversities of which NLSIU is a member has by its llorification dated 28 August 2020 decided to postpone the Conunoll Law Admission Test CLAT) poundiom September to 28 September 2020 The COVID-19 pandemic has caused llntOreseen diftkulties and delays ill the conduct of CLA T 2020 and the repeated postponement of the examination bas resulted in uncertainty for students parents and the participating llliversities
As you are aware the )JLSlU is uniqudy diadvalltaged as it 1011ows a trimester system where eVelY academIC year i made up of three terllls of 90 days duration Moreover each tel111must accollllllod1te 60 hours of classroom imuuctioll ill each comse anc adequately provide for examination and evaluation processes FUl1her the academic offerillg tOr the 3rd 4th and 5th yem of the BI LLB programme as weH as the LLM prograllulle is fully integrated and requires a COllllllon academic calendar Hence if]1-S1U is unable to complete admissions before the end of September 2020 it will inevitably result in a Zero Year vdth no admissions This will deprive law smdellts of the oppommity to pursue their shldies this year at Indias premier law university TheretOre 1-SIC is compelled by the current circumstances to conduct a separate admissions process for the BA LLB ane LLM programmes for the cademic Year 2020-21
This maHer was considered at length at a Faculty Meeting at the University on Augmt 6 2020
when the C onsortiulll postponed the exam from August 22no to September 7 2010 where the Faculty unanimollsly resolved that NLSIU needed to take all measures neeesalY TO avoid a ~Zero Year
Then the lllmtcr Va placed before you in the EXecmive COllncil at its 9 F meeting held 011 1211
August 2020 wherein it was unanimously resolved to authorize the University to develop an ~-
~ltern~tivc admissions process ill the event that CLAT 1020 WilS not conducted on September jh
2020
Accordingly the Vice Chancellor constituted a Faculty Sub-COlllmittee on August ~020 to denlop a revised admission procedumiddote The Sub-Colllmittee concluded that a common entrance test conducted online at the lowest possible application fee would be a 1aiL tn11lsparent and accessible admissiolls process 8t this The proposab of the Sub-Committee were dicllssed at a F ~cnlty Meeting held 011 31 August 2020 After taking into accollnt the suggestions and
revisiom as necessary the Revised Admissioll Notifications for the Academic Year 2020-21 for
the BA LLB programme and LLlvl programme haw been notified
The lniversity aims to initiate and complete the entire proces by mid-September and begin the Academic Term immediately thereafter While the reyisecl admissions process presents a mOllumental task the careers of the students who have worked hard for this opportunity remain
our top priority
The V ice-Chancellor and I will contlllue to apprise the Executive C ouneil of these developments
and ve thank you for your SUppOl at this time
Sincerely
Prof (Dr) SraSll Esther Thoma
Professor of Law and RegistIar liLSIC tvlember Secretary Executive Council
Copy to (1) Members ofthe Execntlye CounciL NLSIlJ (2) Vice-Chancellor NLsn
-
1)pound0pound flt 15 ct
The Faculty
KltIional Law School oflndia University B8ngillolc
3 September- 2020
Sub Decision of the Cousoltiull1 ofKational Law Universities on 28082020 to postpone CLAT 2020
Dear all
~s you are aware the COllsorriulll ofKntiona Law Clliversities of which NLSIC is a membeL has by its notification dated 28th ugnst 2020 decided to postpone the COllllllon Law Admission Test (CLAT) Hom 7 September TO 28 September 2020 The COVID-19 pandemic has caused
uuforesen difficulties and delays in the conduct of CLAT 2020 and the repeated postponement of the examination has resulted ill uncertainty for students parents and the participating
Cuiversities
At the Faculty deeting at the liuivelsity on August 6th 2020 the mailer was considered at
length when the CLA T 2020 wa postponed fiom Angust 2211d 2020 to September 7th 2020 and need to avoid a delayed cademic Term was discllssed NLSlli is lllliqueiy
disadamaged as it follows a nilllestersystem where eely academic year is made up of three
Tenns of 90 days dmmion ldoreover each term 1ll1lSt accommodate 60 hours of classroom illSh11Ctioll in each course and adequately provide tOr examination and evalnation processes
FunheL the aCBdemic offering tor the 3rd 4th and 5th year ofThe BA LLB programme as well
as the LL2gtI programme is fully integrated and requires it COIlllllon academic calendar Hence if NLSlt is unable to complete admissioIlS before the cud of September 2020 it wil iueitably result in a Zero Year with no admissions that deprives law students of the opportunity to pursue their smdies l11i year at Indias premier law university At this meeting the Faculty Imanimously
resolved that NLSIC needed to take all measures necessmy to avoid a Zero Year
Tllereatler the matter was also placed before the Executive Council at its 91t meeting held on
12 August 2020 wherein it was ullanimously resolved to aurholize the University to develop an altemmive admission process in the event that CLAT 2020 was not conducted all September
2020 Therefore NLSlt is cOlllpdled by Ille current cncumstances to conduct a separate admissions process for the B LLB and LLM progrmnmes for the Academic Year 2020-2 L
Accordingly the Vice Chancellor constilllted a Faculty SubmiddotCommittee on 28 August 2020 to
develop a revised admissions procedure The Sub-Commirree concluded that a common ntlance test conducted online at the lowesl possible application fee vould be a fair
lransparem and accessible admissions nrocess at this stage The pro])osals oftlle Sub-Committee - - ~
were discussed at the Facultv Meetimr held on31 Augnst 2020 Afler taking-
into aCCOllll the ~
snggestions and revisions as llece~sm) the Revised AdmJion otificarions for the Academic
Year 2020-21 for the BA LLB programme and programme have been notified on the Cniversity Yeb~ite
The Cniversit aims to initiate and complete the entire process by mid-September and begin the Academic Term immediately thereafter While the reised admissions ploce presents a monumental task the careers of the students who 1mve worked hard for this opportunity remain
our top priority
The Vice-Chancellor and I shall continue to apprise the Faculty of the developments and we thank you for yom SUpjlOlt al this time
Sincere
Prof (Dr) Snmsu Esther Thomas Professor of Law and Registrar ]LSn
ltlember Secretary Executive Council
Copy to (1) Member offacuIty NLSlli
(2) Vice-ChallCellQL NLSIC
~) rRua (IPYshy
JNNEPCUJlpound R-Jb 8
Tlle PI ident
ConSOl1iUlll ofltational Law Cmverities
3 September 2020
Sub Decision of the Consortium dated 270820 to postpone CLAT 2020
Dear Prof VijaykumaL
Guering ilOlll LSru Bangalore
The COVID-19 pDlldemic has caused unforeseen difficulties and delays in the conduct of CLAT
2020 The repeated postponement of the examination has reulred in ullcel1ainty for students
parms and the pmticipating Cuiverstie
LSIl is uniquely disadnmaged as it follows a trimester system where evelY academic year is
made up of three tenlls of 90 days dmation rIoreover each term must accollllllodate 60 hours of classroom instruction in each course and adequately provide for examination and evaluation
processes Further the academic offering for the 31d 4th and 5th year of the BA LLB
pro~ml1111e as well as the LLrl progrmllllle is fully integrated and requires a common academic
calendar
Hence if ll_SIU is unable to complete admissions before the end of September 2020 it will
inevirably resut in a Zero Year with IlO admissions This deprives law sludents of the
opportunity to pursue their mdies tills year at Indias premir law university Therefore ](LSIU
is compelled by the ClliTem circumstance to conduct a separate admissions process for the BA LLB and LLM programmes for the gtcademic Year 1020-21
This matter was considered at length at a F acuIty lHeeting at the Cuiversiry on August 6th 2020 where the Faculty unanimously resolved that NLSIC needed to take all measures nec6sary to avoid a Zero Year The Execmive COllllcil ofte Cniversity the 91s1 EC meeting held in two
sessioLlS 011 12th Ausmst 2020 and 1 Stl August 1020 considered the maner and unanimously- ~
resolved TO authorize the University to develop 0Jl altemative admissions process in tile evem
tlwt CLAT 2020 was not conducted on September 7th 2020
On August 28th the Executive COlllmittee of the COllsortiull of National Law Universities
postponed CLAT 1010 from September 7th to September 28th 2010 III these circulIlstances
NLSIU is compelled to conduct a sepmate admissions process forthe Academic Year 2020-2 L
I reiterate that NLSIU will continue to discharge all its responsibilities as a Founder )middotlember of the COllS011iulll Rncl the Vice-Chancellor in his capacity as ex-officio Secretary-Treasurer shall
extend all necessary SUppOH to the Consortium for the SUCCessful condlct of CLAT 2020 at the
earliest possible date
I am continuously available to clarify any of these developments on the email and the phone e
request yon to take all necessalY steps 10 connmlllicale this to all students who have registered for CLAT 2020 as we lllUICt conduct the admissions process with the least possible
disl1lptioll
Sincerely
Sarasu E1her Thomas Registrar NLSIC
Copy to
(1) vIr Bahaj Chaul13ll CLA T COllvenor (2) Members of the Consortium
~~~2
ROE c Flyshy
AIIIIIIpound1CtfJa R-jrr ~ATIO~AL LAW SCHOOL OF LiDH t7~IVERSITY BEGAIXRl I0 0
PROCTORING PROTOCOLS
THE KATIONAl LAV APTITlDE TEST 2020
NLSIF uims TO ensure that the NLAT 2020 is an accessible smdem-triendly examinmion registered candidares are required TO follow the highest standards ofacademic integrity while raking the res The Proctol1ng Protocols to monitor the examination process are sel om below
middotmiddotmiddotmiddotmiddot~-middot~rmiddot~middotmiddotmiddotmiddot-~middotmiddot-middotmiddotmiddot~middotmiddot ------~~
50 lIalpracticf Ownersbi]l PradoI Ation
1 I111pcfsonation Proctor L Record Malpractice I
~(determined at of _ Do not allow the impersonator to starr candidate validmion the xmninatioll prior to cxanllmnion 3 For PWD candidates both the commencement) candidateS and scribes GOV1 Photomiddot
I ID must be verified bull
2 Inappropriate Proctor Proctors will send a message to such surroul1dings ar teSC candidates Please sweep th canlra location External help ill a circle around me place you are solicited (suspected) taking the assessment and i or (Someone otiler than Please tilt rhe devicemiddot keyboard you pennitted scribes are using for the assessment)present in the vicinitv
1 Candidates to show 8 360-degree view candidate looking ill of the emire room by mming on a mher directions webc8m (Iapmpsidesktopsl or fromcontinllollsly
periodically candidate camera (as directed by proctor) talking communicating (mobile devices) tilt the device
Iin any other manner keyboard as instrUCTed dlh SOIlleone other thrill 3 If any 1llla1lthorised person or penllired scribes unauthorised device is observed in the
candidateS vicinity including but not limited to person(s Othef than permitted scribes HDMI cabies extemal devices projection of the feSt screen etc proctors m terminate the candidates examination attempt
I inUlledlately
4 If the proctor observes a phone rabler other device falling slipping when the device keyboard used for the assessment is tilted proctor to terminate the exam immediately
5 Any candidate who fails to comply with the proctors instruction within 45 seconds will be logged OUl of the examination ProcmfS may permit 10 additional seconds in simations where they ill Ildr ciretiol1 determine that
10 ~-()
3
4
5
6
s
~IaljJractke
T alkingiS peaklngJvIaki ng Gestmes (could include gestures that indicate to the proctor candidate may be using another demiddotic~middotmiddot looking at chat applications InirrofJ other screen etc ) VindQw ~ u (Accessing any other window other than the test vinoo)
I
Lac Face not Detected (Candidate not present in front of systenl)
-fllltipJe persons detected
i Foreign Device Observed (~vlobileT ab letsCa leuia tors etc)
Candidates observed
II OwnerSlliL I
Proctor l
0_
3
Systell1 Ii
0_
Proctor l _
3
LProctor _
3
Proctor i
Proctor L
P~()ct()r Actim the candidate may 110t hay noticed l11essages i1-0111 the proctor in the course of anc~llpting the exarlination Send tlyo yarnings m the cnndidare If a candidate persists with this be11ayio1[ the procmf shalt inform tbe Super Proctor Super Proctor may recommend t11m candidates should be conracted through the system for clarification or disqualified
Candidate will be loggerl our of the -xal - middotl1hafmiddoto~h at~middot1 c1 _ ~UCh - ~ 1 dllC1UY I
accounts for occasional 0Jc~m popmiddot ups Inacyertent errors)
Proctor may issue to candidates when the first tiw attempts afe detected
Send one warnjl1~ If the candidate does nor reUlrn within 45 seconds tennlnate the candidates examination attempt immediately Proctors Jllay permit 10 additional seconds in situations Where they in theit discretion determine that the candidate 111ay not hay noticed
--warning messages 110111 the proctor in the conrse of Jttempting the examination Send one vaming to the candidate
~~~~
If the other person does not leave imrnediatcly tenninatt the candidateS fxaluination rmempt immediately Proctors shall when comempla ring the abo1e actions account for a PVD candidmes fhm may be
_cHsing b Candidates that mav be 3D faring~p
for the exarnination at test centres
Send one wamin to the candidate If the candidate still persists terminate the candidate5 ~xalnination attempt immediately Send one to the candidate
7
i f--
S~o r HalpnKtke OWllerlthiJ Acflim
Headphones Blueworh _ Check if the candidate is only using it Audio devices for microphones purposes fle
plugged into systel11 as an external 3uaclled microphone bur candidate is not wearing earptcef h~adset)
o If the candida does nor comply with
the proctors instructions rermilk1te the candidate s examination attempr I immediarely_- ----+-_--shy
9 Simulmn~ou5 login Proctor L Proctors will observe rhe picmres of nne1l1pts 11mlriple candidates fr01l1 all such dcices
~0 _ If ir is observed rhar someone other rhan the candidate is using snell other d~vic~s proctor to renuinme the exafn immediately
3 If a candidate is observed on all snch Ideices proctor will flag the issue for
the Super Proctors anenrion Super Proctor nlay recoffilllend that
Ibull bull
candidates be contacted through the system for claritlcarion or disqualified Further investigation posr the examination may be carried out with help of audit togs generated on the SYSTem and lLSIU may disqualify the cundidllle upon such I eXaJlJnation
10 Any other malpractices Proctor Super Proctors Super Proctors may in nor describe above Proclor addition to situations where Proctors
Super Proctors detect any potential malpracrices as described above ask the candidate to perform any of the aceions described ill this column titied Proctor Action at any lime and tU
their discretion III addition to the demits set om in
these Prorocols~ the Super Proctors shall haVe the authoriry 10 disqualify a candidate terminate the candidate S examination attempr in the event they detect any act or onssion that docs nol comply with the requiremems of inregriry of a test of the llamre of the -LAT 2020
~OTES
j Instructiolls will provided to candidates on the rest screen as well as in advance of rhe examinarioll in a Candidare MannaI in relation to sinrariolls such as power ems internet
3
lo~ faiiures The assessment system used for the NLAT ~020 may permit the candidate to continue ansrering the question paper In events of internet failure hoyever this is subject to the Proctors discretion and subject TO the candidate system re-connecting to the examination interface it11i11 the rhlle and in the l11anner stipnlated ill the Oll~$creell instmctions and the Candidate ManuaL lilile every attempt shall be made to ensure that commullications instructions and requests promptly are delhered to candidates during the examination process candidates shall have the responsibility to ensure that they respond to such communications messages instructions and requests promptly
3 NLSIU reserves the right upon conducting a derailed and thorough sCl1lriny ofrhe system reports generated for short1isted candidates after the exanlination to any such candidates test scores in the event the system reports in KLSICs opinioll reveal any act or omission tllat does no comply 1rh the req1irements of of a res of the namre rhe NLAT 2020
4 NLSIU rnay re-iey update these Protocols at any tilne prior ~o the exarninarlon at discretion All registered candidates shall be Infof1ned of such elSlOllS l1pcla~s prior ro time of their examination
0-+ A~exURR-IebullNATIONAL LAW SCHOOL OF INDIA UNIVERSITY
Post Bag No 7201 NAGARBHAVI BENGALURU bull 56C 242 (Old Code No 560 (72) INDiA
T6efax OSQ 2321 31602315 Q532 535 Fax 080 2316 0534 Website VhOIS(1CT EmaM
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J A University for Lega Studies and Research sponsored by the Bar Council of IndJa and established under Karnataka Act 22 of 1986
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
IN WRIT PETITION (CIVIL) NO1030 OF 2020
IN THE MATTER OF
RAKESH KUMAR AGARWALLA amp ANR PETITIONERS
VERSUS
NATIONAL LAw SCHOOL OF INDIA UNIVERSITY
BENGALURU amp ORS RESPONDENTS
APPLICATION ON BEHALF OF RESPONDENT NO1
SEEKING EXEMPTION FROM FILING DULY ATTESTED
ORIGINAL COUNTER AFFIDAVIT
TO
THE HONBLE CHIEF JUSTICE AND
OTHER HONBLE JUDGES OF THE
HONBLE SUPREME COURT OF INDIA
THE HUMBLE APPLICATION OF THE
RESPONDENT NO1 ABOVE NAMED
MOST RESPECTFULLY SHEWETH 1 That the respondent No1 is filing the accompanying Counter
Affidavit of its authorized representative in the present matter
2 That the Respondent No1 craves leave of this Honble Court to
refer to and rely upon the contents of the accompanying countershy
affidavit
loi 3 That due to the situation prevailing on account of corona virus
pandemic the authorized representative of the respondent No1
is unable to get her Counter Affidavit duly attested f notarized
Accordingly the respondent No1 is constrained to file the nonshy
attested signed affidavit in support of the present countershy
affidavit
4 That in the light of the above-mentioned facts and circumstances
which are beyond the control of the Respondent No1 it is
imperative that the Respondent No1 is exempted from filing the
duly attested Affidavit in support of the present counter-affidavit
5 That the present application is made bonafide and deserves to be
allowed in the interest of justice
PRAYER
It is therefore most respectfully prayed that this Honble Court
may graciously be pleased to allow this application and
(i) Exempt the Respondent No1 from filing of the duly attested
original Counter Affidavit and
(ii) Pass such order(s) as this Honble Court may deem fit and proper
in the facts and circumstances of the present case
AND FOR THIS ACT OF KINDNESS THE APPLICANTS AS IN DUTY
BOUND SHALL EVER PRAY
FILED By
~ (KUMAR DUSHYANT SINGH)
ADVOCATE FOR THE RESPONDENT No1 FILED ON 14092020
ItJ1
iN SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
IN WRiT PETITION ViL) NO1030 OF 2020
rnON[HS
VERSlS NnOiIL LNV SCHOO GF INDiA UrJ1VERSiTY
l~G Ul-ZU amp OFS
AFFIDAVIT ) fhO[vlS fv1L Nt Thornas
years at Faculty Quarters Block 2 National ind Nagarbhavi Bengaluru 560072 do afffr and statG on oath as under
the Respondent NO1 in the present
VJith of the case and
affirrn to this affidavlt
2 the contents of accompanying application exenlption are
true correct ~o my Knowledge and belief nOthing rrt3hrial
llas concealed ti
VERIFICATION
at Bengau(u on)~ cay of September 2020 that the
contents of above affidavit are true and correct to my knOWledge and
and nothIng rnateria has concealed therefrom
3 NLSIU submits that the above Writ Petition is liable to be
dismissed for the following reasons
a The Petitioners lack focus standi to maintain the present
Petition
b The decision to implement NLAT 2020 is entirely justified in
the facts of the case and is in the public interest and in the
interest of students at large because implementation of
NLAT 2020 is the only way to avoid a Zero Year where
students will lose the opportunity to join NLSIU in the
current academic year
The academic year at NLSIU must be of at least 285 days
duration for reasons more fully explained herein below
The academic year for the incoming batch of first-year
students for the Academic Year 2020-21 will fall short of
285 days if NLSIU does not complete admissions by
18092020
Therefore postponement of CLAT 2020 from 07092020 to
28092020 rendered completion of admissions to NLSIU
and commencement of term by 18092020 impossible To
ensure that students aspiring to join classes in Academic
3 Year 2020-21 were not consequently denied the
opportunity to study in NLSIU NLSIU implemented NLAT
2020
c The implementation of NLAT 2020 is also permitted under
and in accordance with applicable law As per the NLSI
Act the Executive Council is the Chief Executive Body of
NLSIU The Executive Council has categorically authorised
the Respondent No1 conduct its own admissions process
The impugned examination NLAT is held pursuant to the
said categorical and unanimous decision of the Executive
Council
Further the Memorandum of Association and Bye-Laws of
the Consortium of National Law Schools which conducts
the CLAT exam do not prohibit a member from conducting
its own admissions test to determine admissions especially
when CLAT is not held by the Consortium In any event
even assuming without admitting that the Bye-Laws do not
permit it the same would result purely in a dispute amongst
members of Consortium and cannot be urged in this Writ
Petition
Re Maintainabilitv
4 The Petitioner No1 claims to be the father of an aspiring law
student However absolutely no materials are placed on record to
depict the said fact Further it is neither averred that the child of
the Petitioner No1 is a minor nor is any material or evidence
depicting his I her minor status placed on record As such the
Petitioner No1 has no right to move the Petition on behalf of his
child
5 Pertinently no student has himself or herself filed any
proceedings calling NLAT 2020 in question before this Honble
Court
6 The Petitioner No2 is the Chairperson of a private law college
viz Vivekananda Institute of Professional Studies Every
institution imparting legal education in the country has an interest
in the outcome of the present litigation The above college is not a
member of the Consortium and Petitioner No2 is not aggrieved in
any manner It is also sad that the Petitioner No2 having been
the Vice-Chancellor has chosen to file this writ petition knowing
28thfully well that holding the exam tentatively on September
would have resulted in a complete washout for NLSIU On the
5 other hand the other 21 colleges would not be affected as they
follow a semester system
7 Without prejudice to the foregoing preliminary contentions
regarding maintainability NLSIU craves leave to submit
regarding the merits of the matter as follows
RE FACTUAL BACKDROP RELATING TO NLAT 2020
Brief Background regarding NLSIU
8 NLSIU is established pursuant to a joint initiative of the Honble
Judiciary the Bar Council of India (BCI) and the Karnataka Bar
Council with a view to create a premier institution of legal
education in India It was set up by the National Law School of
India Society established by BCI Trust as a society under
Karnataka Societies Registration Act 1960 comprising members
of the Bar and legal academics to establish a leading national
institution for legal studies The said society approached the
Government of Karnataka to host the school in Karnataka The
State of Karnataka agreeing to such request enactedthe
National Law School of India Act 1986 (Karnataka Act No22 of
1986) for this purpose (NLSI Act)
9 NLSIU which was established as an autonomous national-level
institution under the NLSI Act is now recognized globally as the
premier institution for imparting legal education in the country to
students from India and overseas
10 NLSIU at present offers the following courses of legal study
a five-year undergraduate programme leading to the award of
BA LLB (Hons) degree
b one-year postgraduate programme leading to the award of
LlM degree
c two years Master of Public Policy post graduate
programme and
d Ph D I M Phil Research Degree programme
11 NLSIU carries out its functions autonomously regulated by its
governing bodies under the NLSI Act in consonance with the
professional legal education standards prescribed by the BCI In
exercise of its said autonomy NLSIU defines its own pedagogy
and the structure of the courses of legal studies to be offered by
it as also various structural elements such as its academic
calendar faculty intake and capacity etcetera
Brief Background regarding Historv ofAdmissions to NLSIU and Genesis of eLA T
12 From inception NLSIU has had autonomy in determination of its
admissions process The mode of admission into the University
was originally fixed by the Executive Council in its first meeting
dated 29081987 to 30081987 wherein it was decided as
follows
I The draft proposal of the Academic Council to Actions have the selection of the students done through will be an All India admission test and interview was taken as approved The procedure for admission Test per the and the selection may be decided by the decision Academic Council and implemented by the of the Director However the Executive Council Executive disapproved the recommendation of the Council Academic Council to pay one-way second-class train fare to the students called for the interview
The Council noted the sample objective type question paper presented by the two experts on the request of Professor Upendra Baxi However the matter for finalizing the test was left to the Academic Council and the Director The Council noted the format of admission Test provided by MIs RC Mishra and CB Dwivedi of Banaras Hindu University as the instance of Professor Upendra Baxi
True Copy of the relevant extract of the Minutes of the First
Meeting of the Executive Council is annexed herewith and
marked as ANNEXURE-R-11 (Page No l-40)
13 Pursuant thereto the Academic Council of NLSIU met on
12121987 and resolved the final procedure for admission True
Copy of the minutes of the meeting dated 12121987 is annexed
herewith as ANNEXURE-R-1I2 (Page No 51)
14 Until 2007 NLSIU was conducting its own entrance examination
for admissions into its various programmes Pertinently even till
date NLSIU continues to conduct its own admissions process for
the MPP programme and Ph D programme mentioned in
paragraphs 1 O(c) and 10(d) above
15 In or around 2007 in the backdrop of proceedings before this
Honble Court in Varun Bhagat v Union of India and Ors
wP(C) No 68 of 2006 a meeting of the (then-existing) seven
National Law Universities was convened by the Ministry of
Human Resource Development to consider implementation of a
joint entrance examination for admission to the said NLUs The
seven NLUs entered into an MOU to conduct a common test
J known as the Common law Admission Test (ClAT) It was
agreed that each participating University shall conduct the exam
by rotation The matter of adopting such a common entrance test
was also deliberated by the Executive Council of NlSIU in its
meetings dated 27012007 and13052007 wherein the
Executive Council directed that NlSIU should ensure it plays a
lead role in implementation of such common entrance test True
Copy of the minutes of the meeting of the Executive Council of
NlSIU dated 27012007 is annexed herewith and marked as
ANNEXURE-R-113 (Page No +)
True Copy of the minutes of the meeting of the Executive Council
of NlSIU dated 13052007 is annexed herewith and marked as
ANNEXURE-R-114 (Page No S 16 Thereafter the ClAT process itself was called in question before
this Honble Court in two separate proceedings ie Shamnad
Basheer v Union of India WP(C) No 600 of 2015 and Disha
Panchal v Union of India WP(C) No 551 of 2018 In Disha
Panchars case where grievances relating to ClAT 2018were
raised this Honble Court directed the Ministry of Human
Resource Development to appoint a Committee to investigate
1o CLA T 2018 suggest remedial measures and look into future
arrangements for the exam and this Honble Court also observed
that the idea of different NLUs conducting the exam each year
needs to be revisited In Shamnad Basheers case four issues
were raised regarding CLAT namely (a) the decision of the
Universities to conduct the exam in turn by rotation (b) the
quality of the exam itself (c) the integrity of the exam and (d)
issues relating to accessibility particularly amongst
underprivileged segments of society
17 The concerned NLUs in this backdrop and independently of any
directions of the Honble Courts in the said proceedings resolved
to establish a Permanent CLAT Secretariat at NLSIU Bangalore
by incorporating a registered society namely the Consortium of
National Law Universities A plain reading of the Memorandum of
Association and Bye-Laws of the Consortium clearly
demonstrates that the objectives and purposes for which it was
formed were multifarious in nature and not restricted to
conducting the entrance exams The concerned NLUs further
decided that the said society would be responsible for conducting
the exam under the leadership of the Consortiums Executive
Council Based on the said decision the Respondent NO3 (the
Consortium) was formed as a society under the Karnataka
Societies Registration Act 1960 NLiSU was given a central and
prominent role in the Consortium and it was decided that the
Secretariat would be permanently located at NLSIU Bangalore in
order to address the concerns raised in Shamnad Basheers
case
18 The Petitioner in the said case however(relying on an Expert
Committee Report submitted in Disha Panchals case
recommending that a government agency be mandated with
conduct of CLAT sincemiddot rotation-based implementation by
individual colleges was undesirable which Report had been
submitted prior to constitution of the permanent Consortium
Secretariat) pressed for the National Testing Agency to be
entrusted with conducting CLAT This Honble Court vide its
latest Order in the above proceedings dated 28112018 directed
the Ministry of Human Resource Development to convene a
meeting amongst the stakeholders to consider this prayer True
Copy of the order dated 28112018 in wp(C) NO600 of 2015
12 titled as Shamnad Basher Vs Union of India is annexed
herewith as ANNEXURE-R-1f5 (Page No amp-I-J) However thereafter there have been no further proceedings in
the said case
19 As is clear from the foregoing establishment of the Consortium
and CLA T were purely voluntary decisions taken by the
respective NLUs pursuant to deliberations amongst them and in
order to resolve issues and concerns that had been raised by
various stakeholders including in the afore-described
proceedings before this Honble Court Further and specifically
to the best of the Answering Respondents knowledge - and on a
perusal of the various Orders of this Honble Court in the
aforesaid proceedings- it is crystal clear that this Honble Court
did not issue any directions to establish or implement either a
common law entrance exam or a Consortium of National Law
Universities In fact even the Petitioners do not rely on any such
Orders
20 The voluntary nature of participation in the Consortium and
consequently CLAT is also established by the fact that the Bye-
Laws of the Consortium itself provide for voluntary withdrawal
13 which could never have been permitted if the Petitioners
contention that it was the result of Orders of the Honble Court is
correct
21 NLSIU as a party to the deliberations amongst the NLUs
described above has been at the forefront of implementing
CLAT and also taking continuous measures to enhance and
improve the CLAT admissions process right from the inception
and till date
Events relating to CLAT 2020 Inordinate Delay in Holding CLA T 2020
22 Even for the Academic Year 2020-21 NLSIU actively partiCipated
in the announcement and implementation process of CLAT 2020
23 As per the original schedule for CLAT 2020 the exam was to be
conducted on 10052020
24 However starting from March 2020 and thereafter the
Consortium resolved from time-to-time to reschedule the CLAT
2020 due to the COVID-19 pandemic as follows
Date of decision to Rescheduled Rescheduled Decision reschedule from - Date to- Date taken by
21042020 10052020 21062020 General Body
18052020 21062020 To be notified Executive Council
14shyI
29062020
05082020 I
10082020
28082020
NA
I
22082020
NA
07092020
22082020
To be notified
07092020
28092020
Executive Council
Executive Council
General Bodv
I Executive bullCouncil
25 As is clear from the foregoing CLAT 2020 which was originally to
be held on 10052020 now stands delayed by more than four
months to 28092020
26 The aforesaid decision to postpone CLA T 2020 to 28092020
would have compelled NLSIU if it were to rely on CLAT to
complete its admissions to declare a Zero Year ie forgo
admissions into the first year of its BA LLB and LLM
programme for the reasons explained hereafter
27 NLSIU amongst 23 NLUs is the only NLU which maintains a
trimester system-based academic calendar The trimester system
is implemented as per the decision of the Executive Council of
NLSIU in its 4th meeting held on 11091988 The Executive
Council in the said meeting decided that each Academic Year
shall be divided into 3 academic terms of mandatory 70 working
days each True Copy of the relevant extract from the Executive
S Committees Resolution dated 11091988 is annexed herewith as
AN N EXURE-R-1 16 (Page No J)
28 The requirement to hold mandatory seventy working days in each
trimester rests on the fact that NLSIU offered a novel integrated
five year dual-degree programme that would otherwise take six
years to effectively deliver In this backdrop in order to comply
with applicable UGC guidelines and justify a five-year
programme the University devised a trimester-based model
which could sustain the additional workload and justify the five-
year timeframe The same therefore necessarily requires an
academic year to be at least 285 days long (even if the usual 15
days break at the end of each term required for evaluation and
analysis is reduced to 5 days) A detailed note explaining the
aforesaid timeframe required for completion of an academic year
are annexed herewith as ANNEXURE-R-17(Page NOT~
29 Therefore the requirement to complete 285 days in the Academic
Year 2020-21 coupled with the requirement to start the next
academic year (2021-22) on 01072021 meant that NLSIU has
to start its first-year classes for the Academic Year 2020-21 by no
later than 18092020
I 30 Pertinently the impact of delays in CLAT on academic calendars
is not only real but also felt by other institutions For example
Nirma University which conducts its LLM programme on the
basis of trimester system was constrained to withdraw from
CLAT 2020 due to the delays in conduct of the same True Copy
of the Communication of Nirma University to the Registrar of
NLSIU dated 12092020 is annexed herewith and marked as
ANNEXURE-R-1S (Page NO-=t-)
NLSIUs Efforts to Complete Admissions through eLAT 2020 Process
31 NLSIU in view of the need to complete admissions and
commencement of the course by 18092020 made substantial
bona fide efforts to convince the Consortium to facilitate the
conduct of CLA T 2020 in a timely manner
32 The Respondent No2 has in his Counter-Affidavit laid out the
efforts made by him to avoid postponement of CLAT 2020 NLSIU
adopts the averments made in this behalf in full True Copy of the
table prepared by the Respondent No2 and produced in his
Counter-Affidavit describing the said efforts is annexed herewith
as ANNEXURE-R-19 (Page No i1f~
33 Further in light of the repeated delays when CLAT 2020 was
postponed on 28082020 to 07092020 NLSIU also proposed
several alternatives to the Consortium which would enable
universities to complete their admissions within the timeframe
required whilst leaving it open to members if they so choose to
delay their admissions process The options furnished were (a)
for NLUs to proceed with their own admission process for 2020shy
21 (b) allow for CLAT 2020 to be conducted in two series so that
Universities may choose an earlier or later date and (c) for NLUs
to admit CLAT-enrolled students to appear for separate exams
conducted by the NLUs with no further need for registration or
fee payment However the members of the Consortium did not
agree to any of the alternatives suggested Subsequently on
10082020 the General Body of the Consortium met and
decided to hold CLAT 2020 on 07092020 If CLAT 2020 was so
held it would have enabled NLSIU to complete the admissions
process in time to meet the requirements of its academic
calendar
Faculty and Executive Council Decision re Alternative Admissions Process Announcement of NLAT 2020
34 The Faculty of NLSIU at their meeting dated 06082020 had
considered a short presentation made by the Registrar of NLSIU
on the effect of the postponement on NLSIUs admissions cycle
and academic year and noted the dangers of a Zero Year
including loss of talent to the University loss of opportunity by
students to study at NLSIU and monetary losses over 5 years
The Faculty in this backdrop unanimously resolved that NLSIU
needed to take all measures necessary to avoid a Zero Year
True Copy of minutes of the faculty meeting dated 06082020 is
annexed herewith as ANNEXURE-R-110 (Page NOI)
35 As the continued delays in CLAT 2020 would frustrate NLSIUs
academic calendar the Executive Council at its 91 51 Executive
Committee meetings dated 12082020 and 18082020 resolved
and directed the University to implement an independent
admissions process if the CLA T 2020 was further delayed beyond
07092020 True Copy of the draft minutes of the 91 s1 Executive
Council meetings dated 12082020 and 18082020 is annexed
herewith and marked as ANNEXURE-R-111 (Page NO +- tamp)
Efforts taken to Implement NLA T 2020 Effectively with Engagement of All Stakeholders
36 NLSIU being left with no other alternative had to act with alacrity
to complete the admissions process and commence classes by
18092020 and avoid a Zero Year
37 In this backdrop and pursuant to the directions and instructions of
the Executive Council at the meetings dated 12082020 and
18082020 to devise alternative methods to complete
admissions the Respondent No2 convened a Admissions
Committee to consider the modalities for completing admissions
The Admissions Committee considered three options for
admission for incoming students First a centre-based computer
entrance examination Second a home-based online examination
for all students and Third a three-stage process providing weight
age to 10+2 marks online entrance examination and an
interview
38 The Admissions Committee in weighing the feasibility of the
aforesaid options took into account all relevant factors including
the time constraints and costs the requirement to ensure that
candidates are not put to any undue disadvantage as a result of
the decision and also the prevailing practice of NLSIU prior to the
introduction of the CLAT to conclude that an entrance test
conducted online at the earliest and with the lowest possible
application fee would constitute the most fair transparent and
accessible admissions process in the above circumstances The
Admissions Committee expressly noted that the said approach
would be in line with the decision of the Executive Council in its
meeting dated 28081987-30081987 as also the subsequent
decision dated 12121987 of the Academic Council whilst
implementing the aforesaid view of the Executive Council (which
decisions are more fully described hereinafter)True copy of the
Report of the Admissions Committee is annexed herewith and
marked as ANNEXURE-R-112 (Page No S=J) 39 On 31082020 NLSIU convened a Faculty Meeting and the
proposals of the Admissions Committee were duly deliberated
and accepted The Faculty unanimously agreed that a separate
admissions procedure would be in the best interests of the
students and NLSIU True Copy of the minutes of the Faculty
2 Meeting dated 31082020 is annexed herewith and marked as
ANNEXURE-R-113 (Page N0-11)
40 Pursuant thereto the Vice-Chancellor formed a team consisting
of faculty members and professionals to finalize the modalities of
the examination and also appoint after evaluation the
appropriate service providers to facilitate the conduct of the
examination
41 Thereafter once these actions were completed by the said team
and the modalities were frozen the Respondent No2
communicated I caused to be communicated through the
Registrar the final arrangements to the Nominee of the
Chancellor the Executive Council the Faculty of NLSIU and also
the Consortium itself The details regarding the same as also the
conversation between the Respondent No2 and the nominee of
the Chancellor of NLSIU are averred by Respondent No2 in his
Counter-Affidavit NLSIU craves leave to adopt the said
averments True Copy of the Communication dated 03092020
regarding NLA T 2020 issued to the Nominee of the Chancellor
and Executive Council members is annexed herewith as
ANNEXURE-R-114 (Page No ~V
True Copy of the Communication dated 03092020 regarding
NLAT 2020 addressed to the Faculty of NLSIU is annexed
herewith as ANNEXURE-R-115 (Page No -1) True Copy of the Communication dated 03092020 regarding
NLA T 2020 addressed to the Consortium of National Law
Universities is annexed herewith and marked as
ANNEXURE-R-116 (Page No It)
42 Therefore the decision to hold NLAT 2020 was notified on
03092020 only upon completing the processes described
above and with due and full disclosure to internal stakeholders
the Executive Council as also the Consortium itself
43 It is in the above factual backdrop and pursuant to permission
granted by this Honble Court in its Order dated 11092020 in the
above proceedings that NLSIU has implemented NLAT 2020 with
a view to avoid declaring a Zero Year
RE LEGALITY OF NLAT 2020
Re Statutory Power of NLSIU to Convene NLA T 2020 Scope of Executive Councils Powers under Statute
23 44 NLAT 2020 is implemented by NLSIU in the aforesaid factual
backdrop and in exercise of its statutory powers and functions
Pertinently it is implemented pursuant to and in terms of the
express decision of the Executive Council in the 91 stExecutive
Council Meeting wherein in the second session of the said
meeting held on 18082020 it was resolved as follows
The Executive Council unanimously reconfirmed this resolution to empower the Vice Chancelor and the University to conduct an independent admission process in the event that CLAT 2020 is delayed furthet
45 The power of the Executive Council to make this decision is
manifest from Section 10 of the NLSI Act which provides as
follows
10 The Executive Councilshy
(1) The Executive Council shall be the chief executive body of the School
(2) The administration management and control of the School and the income thereof shall be vested with the Executive Council
46 Even as per the settled law laid down by this Honble Court in
TMA Pai Foundation v State of Kamataka (2002) 8 SCC 481
the right of the educational institution under Article 19(1 )(g) of the
Constitution as recognised by this Honble Court encompasses
the right to admit students In the said Judgment at para 50 this
Honble Court held as follows
50 The right to establish and administer broadly comprises the following rights
(a) to admit students (b) to set up a reasonable fee structure (c) to constitute a governing body (d) to appoint staff (teaching and non-teaching) and (e) to take action if there is dereliction of duty on the part of any employees
47 As a matter of historical practice as well the Executive Council is
the supreme authority which is empowered to take decisions as
the chief executive body of the school The same is evidenced
from
a The decision of the First Executive Council meeting dated
29081987 - 30081987 wherein the mode of admission
is decided (produced above as Annexure R 1) and
b The decision at the Executive Council meetings dated
27012007 and 13052007 regarding admission through a
common entrance test (produced above as Annexure-R-13
and Annexure R-14 respectively)
2S 48 It is therefore indisputable that the determination of the method
of admission to NLSIU vests under the statute with the
Executive Council
49 The related contention that the Executive Council cannot decide
on the mode of admission without reference to the Academic
Council is misconceived The said contention is asserted on the
basis of conditionality imposed by the Second Proviso to Section
13 of the NLSI Act requiring that the Executive Council seek the
concurrence of the Academic Council before making amending
or repealing any regulations regarding the mode of enrolment or
admission of students As is clear from a plain reading of the said
provision the requirement for prior concurrence arises when the
Executive Council exercises its power to make regulations
50 In the present case there are no extant regulations in place
regarding or in respect of admissions into NLSIU
51 It is well-settled as per the law laid down by this Honble Court in
PTC India vs Central Electricity Regulation Commission (2010) 4
SCC 603 that the executive or administrative power vested in a
body under statute can be exercised independently of and
without recourse to subordinate legislative power vested in it
under the same statute In the present case the Executive
Council has exercised its executive or administrative power
which is not conditioned in any manner
52 The other contention sought to be urged in this regard that the
Vice-Chancellors decisions to hold NlAT 2020 do not fall within
the scope of are not authorized by the aforesaid decision of the
Executive Council dated 1218092020is also misconceived In
the first instance the said contention is wholly false for reasons
stated in the Counter-Affidavit of the Respondent No2 (the Vice-
Chancellor of the Respondent NO1-University) and the same is
fully reiterated herein In any event the said contention is also
untenable in law in view of Regulation 12 (re the Executive
Councils powers of delegation to the Vice-Chancellor)
Regulation 18(2) (re the Vice-Chancellors powers co-extensive
to the Executive Council) and Regulation 18(5) (re the
emergency powers of the Vice-Chancellor)
Re NLSIUs Power and Right to Conduct an Alternative Admissions Test to CLA T 2020 is not Constrained bv Orders of the Honble Courts
2~ 53 NLSIU adopted CLAT for purposes of admissions on a voluntary
basis
54 It is denied that there are any judicial directions to the NLUs to
hold CLA T In fact the Rajasthan High Court in respect of a
prayer for directions to NLU Delhi to admit students through
CLAT refused to do so in the case of Law Prep Tutorials Pvt
Ltd v Union of India DB Civil WP(PIL) No 754 of 2017 by
holding as follows
So far joining or not of a particular University in the Common Law Admission Test is concerned as at present we are unable to find any specific legal requirement where for any particular University may be directed to join the Common Law Admission Test by the Court Further the issues as to how the admission process and the examination process is to be conducted are required to be left for the decision and execution by the organising University Therefore as regards prayers Nos 4 and 5 we are not persuaded to entertain this petition
[Emphasis supplied]
55 The convenor of CLAT at that time viz Gujarat National Law
University was a party to the above case Therefore the
Consortium now cannot contend that CLAT is a mandatory
requirement for NLUs which contention is squarely contrary to
the aforesaid finding
56 In fact the Petitioners themselves do not rely upon any directions
of the Honble Courts in relation to establishment of CLAT or
adoption of the same The reference made to the Preamble of the
Consortiums Memorandum of Association in this behalf is
misconceived The language therein clearly depicts that this
Honble Court directed the Ministry of Human Resource
Development to convene a meeting amongst NLUs and the NLUs
then proceeded to consider the matter and resolved voluntarily
to conduct the CLAT exam The relevant recitals in this regard
as extracted below
AND WHEREAS on the direction issued by the Honble Supreme Court in Varun Bhagat v Union of India [WP NO68 of 2006 decided on 23112007] and due deliberations made by the University Grants Commission Ministry of Human Resource Development Government of India and the Council with the first seven NLUs the idea to conduct a combined test for all the thenshyexisting NLUs was conceptualized
AND WHEREAS seven existing NLUs in the year 2008 signed the Memorandum of Understanding dated November 23 2007 [the MoU] to hold a combined admission test to be organised by an NLU on rotation basis in the order of seniority
57 There are no Orders whatsoever in any of the proceedings
before this Honble Court requiring that CLAT be implemented It
is reiterated that the Petitioners themselves have neither referred
to nor produced any such Orders
58 The fact that the decision to stop implementation of the exam by
each participant-NLU on a rotational basis the establishment of
the permanent consortium and the inclusion of new universities
did not require any approval from this Honble Court also belies
the contention that the requirement to conduct CLAT arises from
Orders of this Honble Court
59 Further the fact that directions for modification of the process are
sought in Shamnad Basheers case have been entertained
without requiring the Petitioner therein to file a Review Petition
also establishes the said fact
Re Bye-Laws of Consortium
60 The contention that NLSIU is bound to admit students only
through CLAT in terms of the Bye-Laws of the Consortium and
specifically Bye-Law 1533 is entirely baseless for the following
reasons
c The Bye-Laws are a subordinate charter document binding
on the members The same cannot detract from or inhibit
the plenary statutory power conferred on the Executive
Council by the NLSI Act
d In any event Bye-Law 1533 relied upon by the
Petitioners does not have the effect as claimed by them
The said Bye-Law merely requires members in order to
eligible for membership to the society to adopt CLAT as a
mode of admission When read keeping in mind its object
and purpose the said Bye-Law cannot be construed to
require any member of the Consortium to admit students
only through CLAT even if the CLAT is not held ie the
Bye-Laws can never require a member to not admit
students at aiL
e In fact the Consortium itself has not understood or
implemented the Bye-Laws in this manner as is apparent
from the fact that all the NLUs are admitting students into
various programmes carried out by them (other than BA
LLB and LLM programmes) throughout without reference
to CLAT Therefore it is clear that all admissions to the
3National Law Universities are not on the basis of the CLAT
exam Therefore the contention that Clause 1533 of the
Bye-Laws compulsorily requires admissions to be based on
the CLAT is untenable and without basis
f Even assuming without admitting that the Bye-Laws have
the contended effect the same can only be actionable at
the instance of the society or any other members
Re NLAT Process
61 NLSIU as demonstrated above has the right to conduct its own
admission process in terms of its own statute In exercising this
right NLSIU has taken immense efforts and steps to ensure that
the test is lawful and also fair and reasonable
62 In the first instance the NLAT 2020 meets the triple test ie it
must be fair transparent and non-exploitative The NLAT 2020 is
fair insofar as it ensures an examination process that is
intellectually rigorous and meets the standards of integrity in order
to suitably judge the merit of ali candidates The selection of
candidates is based solely on their scores in the entrance exam
It has also been designed and implemented in a transparent
3) manner The examination is transparent as details thereof as
also the reasons therefore have been set out in detail through the
impugned notification NLAT 2020 is also implemented in a non-
exploitative manner by limiting the application fee for the test to
just RS150- for general candidates and Rs125- for SC and ST
candidates in order to ensure that students are not put to financial
burden due to the NLAT Further since the exam is an online
home-based examination students do not need to physically go
to an additional test centre
63 Apart from the same the authorities have also taken various
measures to ensure (a) accessibility and (b) prevent malpractices
These include
g NLSIU significantly relaxed the technological requirements
for candidates allowing them to take the examination with
minimal internet speeds and using a wide variety of
devices including Android smart phones and tablets
NLSIU also made available as many as 33 physical test
centres across the country in order to provide access to
students lacking the necessary infrastructure to appear for
~3 NLAT 2020 from home NLSIU further ensured that
necessary health and safety protocols were rigorously
adhered to at the said physical centres
h With a view to prevent malpractices NLAT 2020 is making
use of a combination of AI-based and human proctoring
Additionally the test structure has been designed in a
manner that minimises the possibility of candidate
malpractices This includes candidates not being able to
revisit a question that they have already viewed and moved
past and the randomisation of the sequence in which
questions are displayed to candidates Furthermore the
questions for the NLA T 2020 have been drafted in a
manner that requires interpretative answers which
minimises the utility of referring to the internet or other
sources for answers Since the examination is an online
examination all relevant data (including webcam recording
sound recording keystroke information data relevant for
facial detection window switches etcetera)necessary to
detect malpractices are stored and available with NLSIU
The said data will be critically reviewed and analysed prior
to completion of the admissions process Therefore even if
any malpractice has occurred the same will not and
cannot result in a student gaining admission to NLSIU
through unfair means The Proctoring Protocol established
by NLSIU to effectively detect candidate malpractice is
annexed herewith as ANNEXURE-R-117 (Page NO
64 Pursuant to the aforesaid efforts made by NLSIU to ensure
admissions to its programmes and avoid a Zero Year and
pursuant to the Orders of this Honble Court permitting NLSIU on
11092020 to conduct NLA T 2020 a total of 23225 UG
candidates and 2846 PG candidates appeared for the
examination on 120920200f this number a total of 122 PWD
candidates appeared for NLAT 2020 True Copy of the press
release issued by NLSIU on 12092020 depicting the said facts is
annexed herewith as ANNEXURE-R-118 (Page NOD4-)
65 In order to address any concerns that may arise amongst
candidates who have taken the exam NLSIU has also
established a three-stage comprehensive redressal mechanism
comprised of
i Technical Review Committee This Committee is
constituted to consider queries raised by candidates
regarding any technical difficulties in the NLAT 2020which
could be raised online within the web portal itself The
Technical Review Committee consists of Dr Sony
Pellissery Dr Kaushik Babu and Ms Apoorva Gupta
j Objections Committee This Committee is set up to
consider objections submitted by candidates in response to
the Answer Key for NLAT 2020 The Universitys
Objections Committee comprises Prof (Dr) Sarasu Esther
Thomas Prof (Dr) Mrinal Satish Prof (Dr) Arul Mani and
Assistant Prof (Dr) Bipin Sony The Objections Committee
will release the Final Answer Key on 14th September 2020
k Grievance Committee This Committee is constituted to
address any grievance raised by candidates who appeared
for NLAT 2020 following the announcement of results It
comprises Honble Justice Nag Mohan Oas Prof Babu
Mathew and Prof (Dr) Sarasu Esther Thomas
66 A small number of candidates made submissions to the Technical
Review Committee that they had faced technical difficulties during
the exam In order to eliminate any apprehensions of these
candidates that technical issues would affect their outcome
NLSIU has offered them an additional slot on 14092020 to take
the examination subject to stringent conditions to ensure integrity
of the examination All measures to avoid malpractice are
implemented in respect of this additional slot as well
67 The fate of these students is now entirely dependent on the
admissions processes being completed as per the aforesaid
schedule and commencement of the academic year on
18092020 Unless the same is done NLSIU will be constrained
to declare a Zero Year Consequently not only will 120 students
lose the opportunity to join their studies at NLSIU (or at the very
least lose one year in order to apply again next year) but the
same will also impact admissions in all other NLUs since - as the
first preference law school for most - the Zero Year at NLSIU will
have a cascading effect on all admissions to all NLUs
68 Hence there is no legal or equitable bar to conducting the NLAT
2020
69 It is submitted in this context that NLSIUs inability to complete
admissions will irretrievably damage the University and result in
significant impact on not only its finances but also the public
perception of the university Moreover the same will have a
cascading effect on the effectiveness of NLSIUs academic
programme and result in loss of an entire batch of graduating
lawyers in five years time All of these adverse consequences
will impact NLSIUs standing in the legal education sector
70 Hence it would be in the interests of justice and equity that
NLSIU be permitted to release the examination results of NLAT
2020 and complete its admissions so as to commence the
academic programme in a timely manner and as per its revised
academic calendar
It is therefore submitted that the present Writ Petition may be
dismissed with exemplary costs
I
DEfi~tifiNtTi~ VERIFICATION
p~) 8atl N-lti 20t 14301 Verified at Bengaluru on this 14- th day of September 202~th~fthe
contents of above counter affidavit are true and correct to my knowledge
and belief based on records maintained by Respondent No1 in the usual
course and nothing material has been concealed therein
Icti )n Tacn 6 AN-e)(~~ ampcent
Th Council noted the QrcDos~l to hmiddotve thE Fmiddotc-jernic ltct ivi ties frorrshy th comincly~r
1 Heiular coursplusmns it ttc undergr~dll2~tc n( post qrdu~te lC-vels l~dinc to decrrccdiplom2
followinq Ph0 )~clt-nif_rh-~-ti~-~s
b- i rc the an~~ vlhr11 (-
~1 tTl- shy
2 ~ fz-fr0-lhr C011rs-s
)~~ c s clt) rtC 1 -fJd lt0
~ p~~middotsmiddotmiddotr(J lcejccts on diilt~~-cnt it~JCS ~)y C)trncit3J instituLiorL~ (He Jtshy -----qf)C--l s
1 Duhlic2tian Df 10q~1 tExt c~s ]2 i13 ~ L~) _(~ETlal
b()o~s 2nd m~t~ri8J3 jshy
C
1( y(t teshy be tltmiddotlul1 ((1 by tt1~
bz-~ ~Ub1i-dt-t--ct 1 t tLc r)-iC~tivc
(1 s Coune 11
h 1-~ Et rroicsosl of the c(c~dfmj c Counci 1 to 3-21vt the --Ict~)r cf tLc stud~nts dor thrcuclh 2n 11 i adndssi-J t ~t -0-1 if~t rimiddot-t -5 argt~coVid~ Ill to ~dmi--si~n T ft lt~~ t~middot s-J fctiun my t d-cidcmiddotd by t1)c 7c~thrric C8UTci -gt - i -~ltiltc by th~middot Igtir cto[ ~ Hgtw0V(r~( th ExecutivL CcrtJncil
~ j -rgtJ~--il th- nc~)Dnlrdftlon of th c-c3~~m CcunciJ to p Qneuro ~Y ~~co~~ clss tr3in f~r2 to the 5tcdents call~d for the i n ~~ tv i i ~
l~cti~l hdll be th~1 (~cC is j n Cunci]
takn (s p~c
tbr SXG (u t i v~middot
ttlC cxpcrts ob j ect i JC
thmiddot- CCCfU st l-cfessor i3axi
(cr tJ~=- tTFltty of filisino tJ1(~ 1i_st W$ l~~ft to thc rc-r~--it lt ---~()un~il -gtn~ tr2lt ~j r-ctcr~ rb SouDcil not0d tb~--- f03-mt of 1lrpissicp gt1 pcovidoc t~B~H~~~istre And Cf) Dvrivlt~di of E~~- s tinl-t) lJnivccsity middot13 trc in~t~nCl of Professor L- 8lt=1)()
(J)
p~-nncnt 8cmiddot~ordinqJ y (f ~~ 2 f ano ~ 1 ~--t ~ ~_
F)utr0riS2d t(0 DIJTctoy to gtJrit( ~--~n~irjJ tb~-
or cr-j r cGrtrjb~tt on 0r cxpcnslts invGI vLd in ocqgtnisinq c~h t0St tnd intevicTl
nmiddot tc)u11cil porovmiddotd d t middotlllotmDt of 0D ~n~ount not )(_lt0inc rl~ 1~O)CltgtOO Ih Council tllI~U-_~ d~-ci t~t th~~
2~11i[~lon to th~ Is y~r LLS C2S~ b2 limited to 80 slu~~nts - n 4J[ Ll ~~7 ~J~~r thmiddot (-r3Fis~ion b ] imid tc l(i stud1tSb The -p- 1ic3tj()r f~( for ~drission test ~nd intrvi---d r0Y b~ fixed -1 12-~OO for LL~ ~~I thoc-n it Ty bE- CJhlCSC La fs SO- ir t1~middot c~s~ ~f sc~~ C~n~i~~t~s~
It middotr- -~ r_-j Limiddotj middott b i r~q rS iqc~t i~l jni 1 s i tyf the lt )O~ v11J --v~ c__ ~rrnc ~ ccc~r---oqti(jn f)r th~ cut st~li()n Bt(1(J1~
~ 1 c_ a [0- Adrnissiona The Executive Council wAntc~ tn2 ist~r
tmiddotmiddot c-)n Lor tyenit~ tYk (Jv-~nrrnt 5 (11 cS th~ oth~r ~hlcmiddot~ti()n21
In3tit~ut]~)j)S in tl-k City itcludino thmiddot Universit1 laquobout tts ivlil ~bility otmiddot tl hos~(] gtcccTirDodtlon for th~ - [cw Schrol students ( 6( i-1D1 2n ~tllmiddotlp ) hrJ~rQpri~dE propos2- in is r~q--gtld ITfIyor
b put Ul di t1i tr-middot ] of t~-~ lCrld-~lic Council in the next rnz-~~~tinG T)- ~chc)CJl CBTl _~ls() cODsicfr tIl tt=rn of Ii pqrcv~-d h-usinq eS 2xisting in Sngli linivrsiti~s till sue] tirJ th c~cl)()l c-~n sst --rp ios O1r1 hostels
ubI ICilt ion
~l~~ ~~z-cutiv_ Courcil appr0ci-3ts-c the 2sturc of th~ 30r C0uncil of 1rri1 TrusL- to 9ubJish th2 prE~-lCiv bO)KS under the joint Fu$~)ic~~s of th~ =crvol qrO tbe lrust It v2nted the Irust t) cOYsicic- 1-h7 fCC~13ibilily of publishing I~DI IllR REVLSl also jointly witmiddot~ th~ L2W Sc~~al
E1f-rts 2)-~ bCin-l rrd(- t) SCCllC_
priv~t buil-linqs fi l~t)_ f~r
bing use as h~st Is A s2p~ratE nt8 has teen this b2fn~2 th2 bx~cutive Craquouncil
icti)n ltJi11 b( taken cfte th Fecultl middot3SSlUnes chlttrgc~
~
HHIONA1 11 SCEOOL OF INDIA AMJ(URpound ~21BfJWALORE
MLlutes of the Moeting of the AOpoundlcenio Councjl of the N ional 1(lI[ School of India held at tho office of the Bar Counoil of Ina New Delhi on 12th Doccnoor 1987 at 10-00 Mil
Tho folloWL-1g nenbero were pres SJnt --
1 Shri VC iVIishra 2 Dr S K Bhatnag~ 3 Dr NR Madhvt Monon
Dr K PonnUSWQl1Y1 Deln Faculty of Lnw Delhi 1Jnivors ity
ltt eo the CGGt ing1S S pee Invitee
Dr H R )~8i1hlt)va Menon presideo over tbo iYg
Dr Menon welCOfled the DeDbers of the newly c A l1stituted
Ac e71ic Council aYlO acqunint13d then with tne a~cisiorls Jf
tLe carlier neGtings of the Acadenic Council prior to tbe
estclblisroent of tl1e Sohool under the Act After cotliled
d1souslJions on th baeis cmiddotf the Agenda notes ciroulted e8rliel
the following decisions were t1ldeshy
1 COurses of Stuoy ~~ ~ -shy ~~-------shy
1ts ionnl
COUlSOS of Study lellc1ing tl the following degrcesshy
(lJ) 1m integrnted 5-ycar LLB (Hons) L11 viev of fC1 t118t q gret dell of Soc111 Snce knowlerge vrill be inrrtcd curing tbe 5-yrhr c)trrI3C 1118 Acad eni c CDUYl oil rcc~-)nentied tl1 -ct ~ conpos)(d~-shydegree of BA (me LLB H0ns be cQrferr(l t) the students joiniLg the Nqtimll Lw Solle)l of Inilin
(b) An LLM oogrGe which shall 0xt0tc1 -( )~)C yerr (3- lrincstns)
(c) Ln M Phil (1grae of Que yecr (3~dn0sters) durfti--n c~nstitllting of t8ohing ~nd resc8rcll
(a) 1m LLD progr12ne b(]sed n writtlt5n tlesls fterrJ Phil
Bes os the above cGgroG courseo tho AcCdedc Oouncil
reco---ampnds thmiddott 11 series )f CcntiYLuing Eauc~~i n POt1lS(S Cln
sl)rt aurticl be offerGi by the Nti0n1 Lw Scbmiddot]ofIneia
to levr tGcac~8rs ju(~iot1 Dffioers t aoninistr f)X3 Pltr~
contd 2
2
II BA LLB (Hems) Progr(lme-- -~- -shy
rhe j~cBdcGic COUTIcil rocsrinonos th~t TIl t
ysr only 50 students bo 1(lTdtted t~ the LL3
Irhey r1ny be 8818 ctea ~
purely cn cerit on the b2sis ~f n ~( 8f~ i0n test cncucted at fQur difforent TO (1uring My- 1988 Tho nininlJr eligibility liDS iJn t) S be fbcd t 50 Trks lL 10 + 2 Sc1~oDl 8X2nintiC I tho Pre-University Progrrne progrlrro be trol1ted cs equivlent t 10 + 2 S ooo oxampt Those students Whfi 1rcd f8r the quelify ing exmin 1t Len in 1982 bo leo lloweo to t ke the MirisGim 01 Cl provision~l b~siB ~d they n~v be 018 ii while preprL1 g the rmiddotjerit List provmiddot1Ced middot~V8 psseC t~ie Sqid eX811in~ti8n with 50u t11rkS 6 llC1ts8icn Test be h~seil on en objeotivo typo fluesmiddotlims 1116
fthe tost n~v be fox Hurtirrn of 0 ~~Xmiddot thrn 2 hours middotr11G test crln tnclu~() [ini rw~ bel of qUGstiCTls 7~middotlicb rO(lutres viritten 2J1GlJDrE t J(lniss i)ll t8 the L~~Vl SchoCl bb bnsc(l ~n1y on t~) b +li) ~)f tl-c yritton Aanissian Test
15 of the sets be roserVGc1 pound1 1 (0 ~1 ClfJtcs 1nd 7i- Schedulefl Tribes eVC1 for tl16 reserved Seqt8~ tLe reU1LUd i1nrks ot thc qll)lifying exmination ~Gd upor
er to be eligible for t1-u c2naid-te lilvC sccured 50 DtrkS 3 i11 tes t
tlpplic-blc ven f0r rODDYV 3 s ~ -ts ~
T~~e JC1nis3ion Test 1~Y be 11811 I6gj 8TIf1
8118 it is rec)~rQcc16C b- lccld
I nr nn~ TIn AP n ~ ~t Bng8 t lJYL~J r JL ~)
~ m I n er t 0 olt-nlse AlmiddotZllS810n icsmiddotun pror)-lo tl~e qUGsti8n pSpors frtrlurto tho Gr~~~G ren(1 f inJ1ise
sien List an i~dnission C 0 C)US1OGshyr the Director 0n trec tS8Cgt 1f tlt L_w be C0Dstitutcc by t-~G ecmiddott~)r
ccn1 td __ ~ 3
It is proposed thlt the last dte for reoeipt of lpplic8tions be fixed for 2nd My 1988 1-8 Ldnission Test noy be orgcmised on 29th May 1988 ndtho Selection List Jllnounced by 15th June 1988 Phe dDissim Day be 0)[1p1eted by 25th June [ltnO the cllsses be oODnenoed fron 1st July 1988
A suitable snount IJjly be fixed for the ppliotion forn 2nd the Adnis sion Test Fee
(b) AOlldenic Terns
Ecb Acadenio year be divided into 3 1Ogt1(Iio terns e 2Cb with a uininun of 70 working days -fis 8cadenic tern be called a Triuester Thus the 5-y8fr BA LLB (Hons) Pr ogrmne will hve 15 TrilGsters It is suggested thAt the J~caoenic year nay bgin frclTl 1st July and the caderlic ter12S uay aoopt tho folloWLl1r Patternshy
i) FIRST TRIMESTER - July 1st to Septemiddotbor 30 ii) SECOND TRIMESTER --- October 15 to JAllury15
iii) THIRD TRIMESTER _Jnuary 30 to April 30 (c) Oourses and their distribution
Eaoh Trinester nay carry not nore thM 4 courses with a totp~ of 12 credits distributed Ro00tdine to the inpOrtance and coverlge of the courses Jhe subjects courses fer study for the 15 Trinesters be 2S follows
~_~T TRIME3J1ER (FIRST YEAR)
11 Leg~l Professicn in Indian Society 3 or 12 Legal Method and M~terialS 2 cr 13 Law 8l1d Politicl Orgqnization 3 cr 14 LaW and MJrket Econoy 4 cr
SECOND TRIMESTER ---~----~--~-~ 25 Law in Historicl1 Developnent 3 cr 26 Responsibility for Injurious Conduct 3 cr 27 Lqw end Socil Orgemizotion 3 cr 28 Law c~d Agricultural Deve10pnent 3 cr
THIRD THIMESTER ---~---~--
31 L2W 8nd Intcrl2tion1 Relations 3 or 32 Law ~inorities mil Vc8ker scctiolS of
Society 3 cr 33 Civil amp Crininal Procedure-I (Oourt Systen) 4 cr 34 Eldctive Clinical ProgramplJJe 2 cr
C~)l ~d 4
--bullbull
4
9P~1 )2E1llEsect lER ( (13~f~~X~lE__ ~~l~~E~)_ 4 1 Hunn Rights Soci31 Jus-nice nno LSVi 4amp 2 Low 2nd S oci_~ Oontrol - CriLle and
PUllisl1DDnt 43 Civil41d Crininal ProceDure II 44Elective Clinicl Prog1flne
rUTH THIMw~ER----shy --~-- ~--~
51 Cririnal Lw~ Clini1Dlogy amp SDcb DLmse 52 LV nri 1~_ 1lJLy TI81st i0nJ3 1 53 Lqw Plnn jng 8 Ec~rnDnic DevelJcent 54 Contractu1 Rel(]tiirs an(1 RoneHes
(Spec ifjc Reliefs)
SIXTH rR IMES TER -~-----
6 1 N~n--Cririnq_l InjuriDus C~-nnuct ~ni of Torts
62 L8W (lud PYlily Reltims II 63 Law rmd Il1lustril Dcvelopnent 64 IUective Clinic Progr~nne
SEVENTN lE Ir1ES lER -~ ----~- -lt~~ -~-~--
71 L-w nnn Urb~1i1 Devel-prtEHrt 72 Politic Proc()ss il1il Cm$titutiDn~l
Devclopnent 73 Cns tit ut ionCll L_I 74 ~id8nco LAW
EICin TIi IRSScIER-~- ~----~ pl C0 np-YlY Lgw nnc1 Lrw 0f CO-ClpGrDtivos 8~2 PO0Tty LlW 83 Constituti~)nl 18W amp Litig1tiorl 84 Elective Clinic~l Pr~grgtire
r I~tTLtR]l~~ER 91 LwJ c)f Ins ur n es 92 TAx0tjDll L1w ~nd Public fiJ1rrnC C 93 In -1 Grn ~~t j n1 oer 80 e Law 94 Elective Clinic~l ProgrBLr1B
TENTH TRDillSrER (FourtL yer betdnilL ------~ - ----gt-- -~ 101 Leg~l Theory 102 Lmiddotbour LtJw 103 Mrinistr~tive Lw 104 ElectiVEl Olinicgt 1 Progrlrll1e
4 cr
3 eT ~ 3 eI 2 1
3 er 3 cr 3 cr
3 cr
3 cr
3 er gt1 cr 2 or
3 cr
CT 4 cr 3middot ex If
0 ~~
3 cr 1 Cr
c ) cr
3 cr Ac cr ~ cr 2
cr
4 cr 3 CT
cr 2 cr~
CUEto ~5
5 cr11~1 h -z cr~11~ Int~llectumiddotl
J13 lril1nl-I )1 Int rr ~ t t i1
4 CT 2 cr
l2 1 In t BI i l~ 3 cc
3 cr 12 ~3 L[JVI -nd Public C 3 cr 12( Electiyes 2 cr
13 1 Ct)r-JP1TQtivo LnN 2 eX 132 Itltlw PQverty rtlG S )c if~l Ch~ngc 3 cr~ 13 3 Lrm0 R0fcrn Liws nn0 liurnl DVG l~Yp iJrli 4 cr 134 Sctdnlir-Eloetives (to be lnnDUl1C()[1) 3 cr
~fJj1t~~~]~~ li l Public Intlt~rntrtiL~nnl Itlw-Int2TxL1L jA J
OrGn or~
112 ctiVi (jlurse 3 cr bull bull3 i1tjtiltn -f (lus ~iCi3-jt~te amp UyltLon 3 cr
l~~ ))rin -CiVeG (to he r1poundJrtiunc j 3 cr
cr bull 15~2 ~))cil bGUTity ~1rj t1~c Lq7JD cr 15~3 1rlrinstrdt)l~ II Jurrcice C ~Lre -]
til) I1IX Ili r1l ~i0 3 cr ~154 ~orlin~3 - c)iv(1S (t~) h( 11 3 cr
( middotb)V~ Bistx ibutin1 subjectB 18 t ~ii ~ middot~jYD +
Dllril1B tIl ~~r c-f cursc =-) dujc-cr be rG~rn RubstitOt0d ~r rCViL~ 1 ~lmiddot(i--middotr tD c~plctGly profJ8si~rt11 rvo i-l1 ~ Tl~l
LGndIt 10Vi utoD pnJ3S QU ~ iC)1
I 6
rhe DsdiuD 0f instruction 8l1d exaniY13tion in the lrl8h81 Law SchoDl sll111 be English ctlecst unt i1 C nctjonl lmglryeis ad opted for Rdiinistration of justice in t Scrprcne Collrt
(e) Ellpound~~tljty fDr cL~sectE~G fJ10 0x8r1tnatiDl1 sydoI1
In order tl be eligible for the dcnpostiiicc[CCC of RI LL8 (Hons) C~ch student win h~ve to t~kC C(lllXses fsX lt1 grrmd tot ~1 of 180 erea its in ) ye etXa bull
The norn)l p~ttGrn cd GX1ninntion will be ~ 1xittJTl test t the end of onc11 Trinester However in middot)middotmiddotl)ollri)le cases Intern(~di8Ge exnrJlltltion nne continuii1~ eV11utiCTl cy be ptilS cribed in different CSllrses
The exaninntion process will be entirely int Inl to bo dono by the totchors giving tho CGurSGs If sttvlcntc_
is dis-s1tisfied with the grfl(10 warded tw l bo ~11ow0fi to withdraw it in writing within 10 dWS thC11uounce-shyDG1Yt of the rosult He c~m inproVG it in t~c noxt cxninl~ tiorl ccorcing to tho rules prescriber] thcnt))
There shnll not be ~v eX8nin[til foe colloctomiddot- fr0- the stuc10xrts DClr there will be nn exaTiinaticm rcbuJJcrItirm given to the telchors
111oro shall bo an Exninutin C8Ul1ttee C0UEtjI1td by the Dircctlr for Bch ye~r with not loss th-n f t~r1ors of the NL3 by rot1tion Every tC 0 chol wj n JvLk tmiddot thG EXfninrjti~n COllJ1ittGO rt the bC[innil1g )1 Gcgt tr 1 nesteX tho Dutlme of the course ho is t0901-inr Tl1if1middot() plrm 110 j8
9~uimiddot ~1~ ev~I~t nn smiddot~avmiddot tJ c oLlrn
outline as well 18 thli 8vlurti)n scteDc will JI) )110 Rv8t18ble t) tl1C students st the bcgLl1nlng ~f t Prif1GstoT itsulf Cor1plnints regllIdingthe eV(ll11n-Gion [111 he sont ~() the EXfC11mntion CO[]littoG wllich will n~ko JuH~l() rliCClr1iJOnBtions on it withjn 1 fntnjght to t~) J)jrcctJr whose d(~cis ion there)n shql1 be finJl~ The )iX(ctD1 lOW()VOl-
wtl1 roport to the AC1dcrJjc Council Meottnc rcorrJ qf flU(h conp1nintg qno tict icn -Clken t~GreDn
~~ t 4n a Lvfl~r -1 U(ltVA-lJ Aiv uu OJ v p~rf~rr1 bull 1 Jl ~ middot1 I t ~ti
The evall1at bn systcn in tho N1S senll bet nm(h gTrc10S
in a Seven-point scole which will be IS f0110W~~-~
bull bullbull bull bullbull bull bullbull bull bull bull
(4~(ii
( iii) (iV~(v
(vi) (vii)
(f)
( )
7
outstanding (0) 70 und ~OVG A + bull bullbull bull bullbull 65 to 7 I A bull bullbull bull bullbull 60 to 65 B+ bull bullbull bullbullbull 55 to 60 B bull bullbull bull bullbull 50 to 55 C+ 40 to 50 c Below 4(~
~
In order to be declered successful in my course a student will h~ve to secure ~ny of the-ffr~t fiveshygrades Above given Those who re p1r-ced in C+ no C c1tegories will be accued to h1ve if-liled in eu oourses
Pronotion Rules
ProDotion iron 1st Tirlester to second Iriafster rome fra 2nd Trinester to third Trirlester will bG utotio irrespective of the rsults in the vnriou8 lxnoml1tion However pror1otions to the Fourth Tritlester 81111 be only to those who h~ve suooessfully aloorod rctlelst ten out of the 12 Cl)urses in the earlier three Trirlesters If a student has fdled in three or nore courses in the first three Trinesters tAken together he slnll be aaimed to have disqualified tQcontinue lS q stunent of the NIB In t1e case of those who cleared ten courltes out of the twelve they lJlY ltlpear in the renaining two oourses AS
Ex-students while continuing as ~ regu13r student in the seoond yeer
Sirilarly student DBY be autooatiolly proDoted frcrl the fourth to the 5th mn 5th to 6th doritlg tho second yenr His proDotion to the third year 1 e to tH 7th Trinester shlttll be only if hl sucoessfully olellrs a llinLlUn of 20 COlrses
The sane Patterns will be followed for pronotion fron the second year to the third year lnd fro tlirCi ye-r to the fourth year ffilO iron fourth yOll to the fifth year
N~ stUdent will be 1l11owed to avoid tlking ~nY eXlrdnashytlon on the conpletion of the courses excepting for reascnable cause for which prior perniss ion Dhou1d be secured fron the Dire~t or Further no S Gu(cmt will be eligible to take qn exanintion in 11 iltivcn course un1ess be has to th0 SAtisfaction of the teolnr cmcerned fulfilled the courSe reouirenents mrl hns sGcureo not less th pn 70 8ttend 9nce in the class in Sid CD tJrs e bull
cnntlt1 bullbullbull + 8
8
(g) TaOh 1~n~g Meh~il~ v ~s
The Nationnl Lqw Schecl VDS onplQyod vricrl tu~ch Dt3thods in ord er to pronoteIlLllt 1-4 iq oipltn~rT Cl1nll
~n1-nT qCt JDpreClalJ10n+ Jf 1ens0 B~s- ir~est lea1 prOD let~re~~ t1e ~cnool stall Grlplny SeninnLS tuitC)r ClmLCampL experlences Field work resealo1 (tTld Leg8lwriting Ill Ilppropri~te C~Urs0s cQopltlQt tve te~tctLY)g between teaohers 81 oliI erent S Db ~-C 8tS tr) be enployea to [11xinisG of the learning POt l-tj~_l tf) st udent
Clinic31 LeR_ql Eno(tt1011 r1~Rt f~rn ( Tl3ltgt rr- T~r 8pound p 8ssiual leglt1 eCuc9tin 8t t1G 1-~i2T ~l La SC1ClCl ACBdonic C~)uncil Te G nicnl O1 UC l shy
ti011 the first Cif the LLB 8 DL1e C0c credit nay given to fh2 t]J-tlng S un ts LYl clini courses
(h) Fee Structure
The tuittOXl fe8 fDr the LIB pTDgrrne co yelr nlY be iixeo Rs 1500- which ~oY be cCillsetccl tn 3 equ 21 inst Cllnents 8t the begilli1 ing riccstcr If foe is nct oepositBr1 within a week beg-inn elf the Trirl0Jster it l1qy collector 1qtemiddot fee RG 1- pcr (1 1] till tbe enfl ltIf 20 warkin c ~ys bull () Wgt8 ftleo to P~y iEHS vrjthin the prescri1o~ p2rio rl llte fco tffh)jr TI0T108 11f1Y be struck off f~~lt)~ t118 r~)118 They c nn be X-rv)nittc(1 on J)1ynlnt of rc- jSG ion ~ e Df Rs~ 100- an(l -l lt f1CtOTy r)pD1i ~)f ~TO$reSS ir~D H1Y teRche1 of tlte F~culty
t~J first tel p c SL1r ~~Tlcr Sl- jVLtiES
In 8rcler- to fttr~ct Deitorious stufients frD~1 te s ~ciJ-c~)nonic strJtl nf sc iety it is ~bs )lutlt)lr l1dC8SSry- for the NLS tn ioe AS ol-rships TIC sttpenos coS jJossible It ill bc to 1e 50 of the stu(Jents bS(y enjoy such S Every effort s])uld be e to seclJre S1JO~ OCOll~)Dic
L1dUC~rlents fJl prorlnting sctQ12Iship t tIle 18ss plivilegeo sections of SOci0ty
The 118 stuoents niW be provider Solmiddotn ip8 of the vlue of bull 500- q nonth 10 bull The S cho10lships rlry be lwcorfi ef m the bls report
~ 9
pound Sc~olr81ip CD~~I1ittee t be c~nstitutoz~ the DirGct81 with r~nbi3rs~ip tl1re~3 or )rt tmiddot -chers NIJ~ TttG SchclsrDhip Co~ittGe 11 pound2-8 i-ts cvn rules r-ne procedur0s wticl I11Y bG ~prJv~r1 y tl)8 Direct 01 ~he awnrd be given b~s ic11y on tcnderic ileIit)f c1Ylcliote H~vevert ec)noYic s-tus anc the s~lcil bickgrund of trL8 c~ndid3tes f~ ~-) be thore lnt cJns iCaTIt iens
Besides Sc)-lrsbips in deserving C1SeS eX(mpti0n fron Paycent of tllitinn fee lay Iso be grn-teooll tHl rsshycl~lt)end~tions of the Scilolrship OOle1ittee
(j) StlJdents nosidcmco
Tho ACCtcl r3r1ic Council strongly lccor1nenos t tle Jfutimiddotnnl Law SchODl be kapt purely ~s P J(8idcnti~ll University vvherein 11 the students bo r-uJrec t) s t y LD tle Hnlls 8pound- res io ellce provia r fpploven by the University Of course for suuconts bo1onging to Bmg-lori-i City the University nv ()xonption 1IOT res once in the University HDst cJ1siflcref1 ne8oSSAry Ii the lJ fJtionl Lnw School is unble to prov-ide it3 own hostel f8cilities it1~0dimiddott Jly it ~8y npprove such t-cc)fr801ti0n in th0 city ~A~iic s isfies tho reqllirenltmts 8pound thll resiltiontiql ckrc~or of tle University for purposes of stuDcnts 1 reBi(~ence~
~h~l1gh tr~c ClCC0Cl00ation nayhavo to be subsidised by the Universitv tho bJQrrlLvu ChQrg0s will -V( t~ bo cntirely D-GC by tho stuDentmiddot- ~Jihe bQa~ing c1nrccs DY incluo8 the sal(l~y of ossentbl stgtff Dainilined in thG Hostol by tl UniverJity+
(k) IXOlmU Clf stu r1ents md te~chers ~-~------- -------shyTho ]ITti~nl Law 8011001 ny initirte steps to nrrmge for 2xchnnge stuc-ents liId tS p c1exs witll other reputed Lltfl Schools within I n (l i3 ftnd outs ice FClr purpDse if stu0Gnts ~re inviued t8 ~nother L~m Scl001 0n~ un(lort ~ko courses )cQ()rding tJ their regQl~Girns they nay be given due credit witr tho ourriculllJ1 prescribec nt the [rIB
l18sters vrt th three courses in olt~c TrtDesterbull
nay be selc cted by the ~dniss i011 CHl1it-tee
10
on t1t bosis Df their PDSt QC80enic ltJc8rd pnrticllrly
~t the LLB level The Adoissicn CGr--ritteo C8Y J~S0S8 their
l1ptituce for higher studies -nr r~se~rch in l~uf en1 tl-Je
suitQble reoolrJenc ions for their ~cT1ission C(1~ljssi0n
Gay bo done thr8ugr~ nmiddotn int crvievi bes ides ~BS08G~nt )n
d8cuttentary Dtteri8ls
subject ELrODS of crtst utimiddotnrl lZV1 crif1i-nl J~w irct-)rnltti)n~L
11l 8110 corDerci(11 Inw The tctu-11 subjocts rgtf tl~o CQLl1~3e
in ~ny of these subject ~rE38 DfY 0 decioc r1 nt ~c giCl1jTIe 0301 lGnT ty the Fcculty CiDCGrner1
The conpulsary c)urS8S f0r LLM shll ~S fo 11oyts
TC)oing Llothoos ond Curriculqr 0(veloprcnt
In0i8ll LeGal JhilQSDphy (n~ Conter~110r)TT J ~Jheory
(iii) Constilutinn Writ
(v)
Tile zistributi0Tl of the 12 cDUrSGS i1 TOG
TrJi03tcrs fer bullbullbull 1 fly be
rs fl1owsshy
11 Ee ~cl1ing IllethQ0s and Curiculur~ Dove l~l)middotont 4 cr 1 iI 2 In~ itn Leel ~Plilos ophy ~J1fi C~ntcnJor
I CY[hcory 13 Course OD subject sr09 - optian 4 cr
SECOl~D THIMESTER--------------_-~-~shy4 era21 Ecsecrch TlIetr6~ology ltmil Leg11 writing
22 Constitutionl Lw We HlUlDl Rights Jurispru(1 ence cr
2) Course nn subject oreq - option cr
THIRD TEIIV[ESTEn ~----------- t cr ~Lnw Society emf DevGlopncmt~
4 eX 1shySeT innr Y select tOPlC - opv1on Ii crCDurse on r~ SUbjlt3ct (1971 - optiQn
51 i 11 shy
The eXElDjnat ion p ttnn for LLM will 1leo be the
S8L1G nB suggest for LLB H)wever besides ilt8rnnl
eXlDi1()r for every COl1rse in LLM there sholl be TXl external
8x~lCliner as we il bull The questions however shell be s only
by the intermll eXEnL1er If the difference in vlurtiim
between the i1t ernat exariner auf the external Cx~in()r in fl given COUXS3 is less thtil 207~ then it vi11 be 000tl00 th8t the
aaes assignod by the intornnl exaniner shall bJ iTJ gra0e
tD be assignee to thD candioRte However if t rG is D oiffercnce
nore th2~ 20 between the intrnal md exti3rucJ ll1 given
c)urso it 8rlt-11 be referred to a third exrn1inc~r outsiclo tre
National Law School whose evlultim shl11 be Il~e score to be
assigned to the candidate on thHt subject
Tuition fee for tho LLM progrlrlrJc be fixo(l 01 TIs 1500shy
for tho full course at the b oginn ing elf Cqch Trinestor
nr M Phil Progra3o--------shy
rho M Phil progrrU18 is to bo for one you c)xiending
to 3 rrinGsters It ShBll be exclusively cons istlt)d of research
8110 tolching Every stunent Ilonitted tel the M Phil rrofr~rle
stHII have LLM clegree and will fulfill the te1cing rnc
r8SCQrcJl reguirODonts prosoribed by the FFculty tIle HIS
In order to be eligible for M Phil degree besiaes
c)nrlCt ing the teSlching 4nd research req uirenentJ during the
yoar eV8JI cnndidst0 Dust sUJnit the rlBsert~tion gt11 - t~)pic
~Dpr0ved by tle f8cu1tY Ihe desert~tion Sh~11 be 8tC]ine(1
by two extern8l CXfniYlers suggosted by the foculty n( nppr0ved
by the jcdenic Council The degroe shall be confarod to
such of those cllldidtlt3s who roceivo varible rerts on the
desert ot ion fron beth the eXAniners If there is c ifferenoe
of opinion oo1Clngst then it sb011 be referred to D 31d eX8iner
Ind thG oecisicm of the [Jajority 8h[11 be finnI
con-cl 12
12
For the 1 Phil prcgrne nJ tuitbn bo csllected
HClwever a SU of TIs 1000- be csllectof yvcry ftllint
DJlnittecl t~ the ]1 bull Pbil progrlne townr18 lJc1 ion nd ftilitios
thl School
v
in vvhich it CJY c8nfer )n LL(gtD (jegroc~ lhe 11) 1)
0xc1us ively on ttJ b(lsis of C written thee t J
whJ hel9 M Phil degree fron the National L8W Sccol
Every C8l1dieJatG registGrine f)1 the 1L]) PozrrIJ18 be
required to be Ll residence at the Nstioncl L2W Sc1icJOl fJr
qtlesst ono (lOaOoOic year durLlg vihicb they SIh 1 cng in
S l)ch tCaching nne reseerch t)S SSS ignc(l to tbG1J 11 J DirectDr
If tho Un i versi ty
five
iiifferJnt nrtogorics 8pound t02chcJS~
(c) cift[S )rs
(bi l)ss~ci-to Jrlf~sscrs
(c) Jissist-nt Ij~0fcsZLrs
(f) l(J junct Profess Irs
(0) Ron
All the qbove professors ssocilte pTC)Csorp nt1
Assistsnt prOiOS30rS sh11 be r8gu1lX teocDaXs nf 11 ficl001
oC1wing the revised scnles of py pT)scribCHl by t1 ~Jnjvcrsity
Grnts COiJr~jssiol1 Tho sC11c prascribef by the UC bull -Yl(1
lt1Plroveil by the clenic Cc)IJl1cil fC)r the v1riupound m it ions
810 tS jvon bolow~-
p~ y structurc (f dj~ffcrent ote~gnr ics Df t()ichG)~8 Nt Law S chol of In1l ~ fin ~VijrS ity
13
1 Prcfessors Rs 4500~150~5700-20077300 2 Associate Professors Rs 3700-125-4700-16Q-5300 3 ABott Professors Rs 2200-75-2800-400-4000
4 AssttProfessor(SrSoale)Rs 3000-100-3500-125-5000 5 Adjunct Professor Rs 1000 PM (conso lir~ted)
6 Hony Professor TADA for visits 8ocOr~tng to rules
Besides pay te1chcrs will be entitled to Dqrness allowmlce as prescribefl fron tine to tiw by the Cmtral Governnent me onnroven by the ~xecutive Council Further they arc entitled to Contributory Provi(lent Fund and Gr0tuity blnefits 9Jl 0(c1red noer tho rules If they lrC not proviied with nocol1Liodqtinn teqchers will orqw Hnuse Rent qllownoe 213 preScribe by the Central Govern1ent for E class Cities If acco=odation is proviCled by the School 10 of sillary will be deducted towBroS house rent
Out of the above scales the Selectinn COLl2ittee will hayti the freei 00 to reconnend enh8l1ced salary tn tlose cons idered
olrtstrmdingwho nrc selected for Ilppointnsnt to (t TIB
In the initi-l stages it is rscrnnendod lt (11
apPoixltlJents of tecchers in the ~IB includingthe reulr
teachers be on 0 cAntrBct bQsis for a period extendL~g upto
3 yeajls The iccdenic Council has npproved the tsr-s of
oJ1trwt cont incd in the nodel clntrct enclosed ith these
nL1utes as Appendix
To begin with the Acaocric Council )greos wimiddotth the
earlier deoisions to have five professors five oSfjocinte
Professo2s lnd three Assistcnt professors to be BPIointed
forthwith However these pOSitions n~y he filIon only if
des erving 0 1nd idates are IlVliLlble for appointent
The io(deric Council h8S noted thgt (l(1vJXltt e~ents
for filling these posts have alranoy been given n(1 18rge
nunber of applications fllWe teen received in r(lSpo1S8 to the
ltcvertiserlent In this connectim the Acafle-1ic Cnunoi1
strnngly reooL1Lends thqt so f1r s the pOSitions of profess oxshy
s1 c(gtnccrne0 the Sollct iCon COT1Jittee 1PtY be rC0UGstcc
t) cons ider ouinont lqw teaohers in the OClunt ryr
hlv cpplied in responstl to the qtvertisonent 1nC rocoDime
Hl cl~ perD(gtnS WhOI the NIS Gqy L1vite suitltJole trns this
c)ntd 14
14 54shy
is necessqry in oreer tc enable the NIS to hcrye c CClre
fsculty of eninent aOndeDics to develop the ~c~~vit of
tne school during its infPLCY
111 teachers c11e(1 for interview ncW be pei(l one-
way 1st Clss train fnro fron their p1ltJce of rosiccl1CO to the pleo 0f inter-view It is s ugf~csteij tht if nccGssry the
interview nay be helo at BmgclClre ino Delhi
nininise expond iture enCl will be he Ipful t the c middotmiddotncl ia middotto
~re teachers in v8rious Universities
All regulnr teachers appainte(l L1 the
provided living icco=odticn by the School n cess ry the School Dy t~ke flats on lease fnd provife it t) tbe
teachers fron whon the rent aocording to the Rules by be cOllected
of persons ny Is 0 be incluiled in fncvIty
(8) Adjunot professors
In view the need for teflcl1ing Soc Sci(mce
subjects in the intogrlted Iw cllrriculun it is noces11ry
to hrvG Social Science te3chrs 8ss0ci8teo pitll middot~~O iculty)
Sinoe it ny not be neoeSS1ry t l1lve then 8S
atleast in the ~innLllf the JuJ10elic Oouncil rCCmiddotmiddotGnts crefltj CD
nf four P01t tine Itc1junct prQfCSSClrs in the BubjioC ec~nJlicsy
Sociology Hjstory nn English They nay be flPP[)ill ( fT(r
servine or ret ired teachers of City c~llegBs in 13 1010
They coy provided 8 nonthly honorariu[I cf lis 1000- ~nO
tbeir ClPpoL1ttlGnt be for one yesr renevcble t of the Director A 10CBl Selectim OOlJnittee
by the Director in orOOl t C loleet the Ad junot T-f mS0rs bull
oontfl
55
It is neceSSary for the NIB to Bssochte Sr nc1vooates
md eninent jurists in the teaohing md researoh progx2cDcs
sf the school The Acadenic COllncil tberaiore ncolmends
that a Panel of distinguished lawyers and jurists be invited
to join school as Hon~ professors They nay be invited
for a tern of 3 yeArs dur which they shall sJond stleast
one Llonth d lrring the year in tead1ing pJ)d rcserrclt the
School When they visit the School for teaching nd resenrch
the Hon professors DlY be given the neoessary hospitlity
ana wherover ne cess xy TL 1ccoriiingly
The icadenic Council hls ~greea to t~lo sUB~oJtion of
the Director of inviting the following sigh pltlsms S Han
prOfBSS ors
(1) Shri KK Venugopal
(2) Dr LM Singhvi
un 3h1i Soli J SOXabjee
(4) 3hri Fali S N prin31
(5) Mr Justice PN Bh~gw~ti (6) Mr Justice VR Krishna lyer
(7) Mr RaJethr1alani
-lte) Mil-bull P~ ltJ-UYrftFl~
(c) Research Associates
Tho AcacsLlic Council feels thlt 8tleast fo e yegr
or two the flculty nay have to be given sonc rcs
support for preparation of telching notltsriaLs lud coordinating
the teaching progrnnns 101 this purpose the cric Council
reCJIlGenoS the appoictuent of two Research LS80qi GS who aremiddot
quolified with an LLM degree They nay be seleol 1)y the
Directox and nay be paid a cmso1idlteo sun of Rs 1200shyper nonth for one year
(0) Panel of Experts
The Aoadecic Council recolJr1ends the following 15
nanos to be included in the PAllel af experts I)r b8
contmiddot~l bullbullbull 16
16
invited to the Selectim Connittee for Faculty p0sitiol1S in the NIB
Ponel of Experts f( the Selection 0011nitte08 to be cmstitutec fr Fou1ty seleotion in the Nntionol Lw School----__--__-------- shy1 Dr S K Agraweln Vice Cn1ncellor l~gra Univ)rsimiddot~y lgrn 2 Dr GS Shrna Ex-Deem FlCultyof Lw J~iPllr
3 t Dr (Mrs) licG Jacob Director InAiBn Law I1stitutc1 1r1Jlr2i
4 Dr 1arlt3 Divrom Ex-DeFm Faculty of Llw Chm(~ isrl1
5 Dr Sp Sharna Dean Fqcu1t)r of Lw KCluh-s)otr University
6 Dr S P SRthe PrincipAl ILS LRtV Cjl10go~ une
7 Dr KB Rohtgi Professor of Law Delhi Univcrity
reGen Uni
9 Prof GV Ajjappa Derm F1culty of Llw Krnt-kf University Dharwar
10 Dr Upendra Baxi Professor of LOlW De1hi Unjv0rsi-y
11 Dr SN Shukla Ex-Den FClllty of 111 Lll211obnc 1Jnlversity
12 Dr RK ~i[ishr3 DerI11 F8Clllty of Low Bmcr-e ~jn(11J Universi ty
13 Dr Misheh1l1-Hss~m F8culty of L Aligrh Nuslir University
14 Dr KD G~llr Dean F~culty-yY f( c Ij vfk Y h - 41
(1) Leg~l Services Clilic
services clinic in the NIB forthwith It is eas n~ t8 pive
the nocess~ry support to the clinic81 e(~ucpti)n progrr1rroeuros
of the SchooL A Fgt1Clllty Conittee tiny be cDnstiiutcil by tre
DirGctor for the purpClse which D develop the ll TOS
to be irstituted Bn9 the pBrticip1ti~n of stu(1miu 10 be
decidsd in then In order to orgnise the clinic the
first instrgtncea sun of Rs 10000- DlY be provjelt by the
NIB It is expecteil that the Clinic will lterm s uppcrted
by the St~te Legl Aid BOlrd 9Ud the Centrl LGg~l services
1luthorities
for the orglliz~tiCn nd fuuctL)rJing of the Lug
Clinics
17
(D) Continuing Educat ion Courses
In order to n~ke the best use of the rusources of the
NIB for the coonunitY3nd to nke its progrrulD0s 80eie11y-an~ proiess ionally useful it is suggested that t~10 IrIS nay
engaije in l series of continu ing ed uc it i-n progr~tJos for
different sSllcents of the profess ion including l~w t Gpc1wrs bull
Of course these progr[]ues r1Jy be f k1anced by t10 spcJllsoring
lgene] 1l10 NIB nay provide expertise of its fcuHy no
organizational ssistlnce
In this connection a beginning nay be 1rJ]e by offering
to the Karnatltka Governnent and to the KClrnatqlm liiEh Court
for the training of its officers in the Law And Jll(icictry colrtrlents
(n) Research 1l1d Publicfltions
In order to strengthGn the teqching progJnnes of the NT tmiddot bIt t 10 bull h 1S a so U iltJy necessary 0 uave on gllne rese[ro
projects 011 various aspects of law in develpncnt rhe School
nay seek funds fron Agencies within anCi outside t~c governnent for sllPllort of its research activities
In this connection tho Lcadenic Oouncil welcQnes the oecision to publish books on Econonics Sociolo[y
History Politic~l Science end English for law stu0nts by
the NIB It is desirlble to get thase nat)lials sllit~bly
edited by the Sr Faculty of the NIB and publish i1 the nane of the NITi
Bes iaos the above public9tion the liIB sjoulrl brillg
out an Half-yearly Journal on Conterpor~ry DevolojlrJGnts in d liferent brqnches of law 1~lt rqy be celle( the Nationnl Law Review and it nay be funded by the lHS itself
(0) A Centre for 1foI1cn and nd Law
In view of the incJeasing inportBnce of HunAn stuiell
18
end support be jng offered by the Univers tvli ~ L1 G~t~gt1
CotlTlission anfl the liiinistry Of HULlrm Develoment middott le
NIB should set up a Specip1 Centro for stuCiy issuos jn trw concerning the stntu8 )f wonen 8uithle proj~cts D-1y
be developed by the Faculty nno Jppropriate lSS ist-nce
sought~ fron fUTIr1ing CenC10S A cp-lti i~-~I+~fltvUlYJ v ~~ ftl1++Ov bullbull ~~l
[jay be constituted to look lfter the developnent 0f this
Centre
(p) Institute in COLlpartive Law
The irlJ)rt~oe of c0nr~rrtiVe law studies r
scholArship ClYJC Internrtiolll relatiUs Cilntlt bil rvorshy
enDh~sizec Inview sf the rnle )f our cOl1ntry in re3i)n~1
cooperation -4l)a Internati~)n$11 ldllti0us LYl InstiCUt0 f
Conpar ~tive Lw is nost IlpprOprillte Ll the NL 2is 11
give the neoess-ry legll support to Indias posi- in
SA1RC countris rnd the TIn-81ignc-n rovenents It ~ iv rIS)
org1nise spooi~lis8f studies r0gion~11y OT cotntr~-1fise
In this regard the Acnilenic Council rccocows oi1
lt)ttention to tho study of Sooilist Leg31 Systcn icul~rly
bec~use of the ncnd to (levolop socialist JUT lSlu(lnco in
the present com --xi of Incia
(q) Libx8ry Developncnt
~in Institution like the NatirYll Law ScbCDl ~J1Dul(i
aspire to o(lvelop librnry fciljtios 6ujt1-110 tel c tGr to
its ao0(lio and researoh cgtrritnents Of course ~ wi
tke fl long tine and a suitnble p1n snoulil bo lovcloped
by tho libr1ry stf of the NIB Me luwhile the ITIS sbv16
-nmroaoh the funding I1gencies within the ccuntry ~lY 8utsi~o
for its libI eery icvolopnents
18
The Pore FOUnGRtion iu IndiR nay be nppro8ched to ssist
the librry in securing volllnes of inpelrtnnt fOIcien
legal periodic~ls and to Gnrol subscriptiDn f0I CllrJO1t sues )f thse pllblic8tims
Sinil31ly the GoverUDont It the CentI -1( in the
st ss Day be nPIJroached to give atlease one copy of its
public3tions frse elf ohlrge to the NIB Library iIecnwhile the
0ssential reports and textmiddot Books ny be irL1ed ictely purchnsoil
befor the connencenont elf the Lonaonic yo 1 bull
(p) Institution of loadenic Chairs
It is an excellont idea to ssocite priv1te
philanthrelpic institutes with the rlevelopnent of tfIS Besiiles
seeking su itnb Ie donat ielns the Acanenic Council rC1celrrcnds
that ina ividuOols nnd institutic-us ny be appronched to L1stitute endDvlLients f8r setting up tte AOf)c(mic Cpoundirs in
different brpJ1cf8S cmiddotf law It is estin~ted tht Cllrir
nay need [ill End ownent of lis 10 lskhs t lt) S UPI)Ort J~cofess Oshy
ship qne necessary staff
DmECTOR 12-12-87
SQf1 -
2007
ANEure R-J13 amp1
1inute of the leeting of the Executive Council held on Saturday the 27th Januan
Item 0 2 - Common Entrance Test
It was resolved that
We accepT in principle holding of a Common Admission TesT but we reiterate that the responsibility of conducting the CAT should be with the NLSIU 50 that the same standards can be retained
Item 0 3 - Ratification of faculty appointments
RecLUltmem - ror raritication - VC said that the consent has already been obrained by circular
Regarding 4 additional increments to Mr Sairam Bhat
The committee disapproved the additional increments given to k Sairam Ella as it is not in confonniry with rhe UGC Rules Tile increments given to others is approved
Item 0 t - Ratification of the administrative staff appointments
The Regularisation was not approved since the procedure was not tolloved properly EC 1tll1her felt that there should be proper records maintained in the process At any cost the backdoor entry shall be avoided
It Vias resolved that
The Registrars olliee should prepare a note with the individual candidates derails and a proposal can be made to EC with the relevant information about their service pay confidential records nature dUties educational qualification etc Also whether the candidate is qualified or not With the complete information the note may be placed before rile Executive CounciL Untillhe decision is made the consolidated pay whalever Tiley were getting should b paid If necessary a meeting may be arranged as soon as the infonnaliol1 is ready
Item 0 8 When Prof Hegde raised some objection regard1llg the irregularity in paying the adcitional increments the Committee insisted to make a formal complaint then they will look imo individual cases
The Committee also suggested lO prepare rhe Rules if already Rules ere available and if modific3rioll is required make a formal proposal and place it betore the EC
As regards fuation of pay to Ir Somu C
Tile EC disapproved the appointment letter issued by the Registrar Howeyer considering the plea of the Vice Chancellor the Executie Colll1cil suggested his presem pay of Rs 25675middot may be protected and new appointment letter may be issued with the relLled amount ie Rs 25000 and not 29000middot
Item ~o S - Investments
The Committee was of the opinion that the office should come out with a proposal ghing a clear picture indicating where it ill be invested- hat is the present rate of interestshywhether to invest in public sector or government organizations and not in private institutions etc and which mumal fund you prefer and reasons for the same The proposal with all the above information may be placed before the EC jx its approvaL
Item ~o 6 - enhancement of tuition fee
Approved
Item ~o 7 - Pension payable to Ms Pushpa eeL Dept
It was approyed and informed that the same pension mte can be appUed as it is applied in other cases
Item ~o 9 As re~arcls inIormation to be ginD under R II
It was approved that only the resolmiol1s can be given and not proceedings
Item ~()10 - Revision ofmerlical budget - Beerappas cae
It as agreed to revise the medical budget
Item ~o 11 - Agreed
Registrar informed the Committee that Prof Bebu Mathews lien will come ~o an end by 3132007 The Committee felt that h silouldjoin before lhe date and if not illS lien will nOl be extended
t~XI item - approved
Item ~o - Increments to those who have reached maximum
The COlllmittee recolllmended that a proposal proposal may be placed before the EC based on rhe CGC Rules for graJll of increments for those who have reached the maximum scale Bused on the proposal the EC may gram some stagnation incremem as per Cemfal GOt Rules
Registrar inf()rmed the Commillee that he is nor genillg any separate allovuce for holding Ot1ice ofRegistrar as he is doing both administration work and also teaching
The Comminee was of the opimon that Ie the maner be placed before Ie with a proper proposal - 11l order to finalise graming of a special aEowancc for a Professor whe11 he is appointed as Registrar during the IeIm of OUice of Registrar
Item ~o 27 - ASLEA Conference
When the Registrar inionned the Committee about the receipt ofRs 1900000- from the UTI Bank towards organizing the ASLEA Conference und that the same has not been rellutted to -rLSIC the EC resolved that
whenever such Conferences Seminars conducted with the coordination ofthe -rLSlt a detailed repolt must be prepared showing the amount received by the concerned Departments i sponsorers xpenses incurred what is the income earned by -rLSru from those Conferences Such reports lUust be duly certified by the Registrar and the same should be placed beli)ft the Ee
Finally EC strongly reconlllended the -[inutes of the Meeting shall be circulated tor approval immediately_
Item No P 3
GRH - Some adyance increments would be -let that proposal come separately Some of the - those who hold the shy
Increments only for the Lecmrer and not for the Asst Professor because he bas PhD Mr Sairam Ehat
UGC Rules - AJD - With the modification for
Let there be a proper note circulated
Sairam Ehat - increments to tbose who hold tbe lecmrer post - Registrar denied shy
Make a proposal for amendment of Rules - we may apply the rules
IF you find any rule - please make applications - before Ee if it is fare
AJD - posts are already there - but here is a situation wherein certain people are working since so many years - who were recruited directly - since 1998 - at that time we were not in a position to appoint shy
The Committee should have been constituted by EC - do not violate the mles
Call for application itself is out of question- they should also face the Committee
They ere on consolidated basis shy
VVK-
You can regularize - there should be some record - prepare a note call those employees - back door entry should not be permitted - we are not against them - the power has to
be exercised by the Ee
Who had approved the internal circular - VC admitted - he himself - it would have been discussed in the meeting Let them also know who are the members of the
The Committee took a decision and authorized Justice Mallimath to take a decision about the
VR Reddy ad hocistlJ should not be there some kind of a procedure should be followed - middotou may appoint a complttenr persoll- but procedure should be foHowed
lallinath m accept his OWI1 statement and pay him only Rs 25000- and nor 29000-
It shall not be treated as a precedm-
You may refix it and ensure that it rotal should not be less than what ~le is drawing 110W
ANNPorsR-14shy
S)finutes of the meeting of the Executive Council held on Sunday the 13th -Iav 2007 at 1 000 AJ
Item 0 1 Confirmation of tbe minutes of the previous Executive Council meeting
With thi permission of the Chair certain decisions have taken at the EC meeting a report of rbe action taken should be placed before the neXI EC
Item ~o 1 Search Comminee Chair Professor as LS1C
Resolved to constiTIlte a search committee consisted of the following members for identitymg s1Iimbie persons for the appoimment to hold the position of the Professor of different eilirs at NLSIl The committee shall be entitled to consult distingUIshed persons for the position the searchcol11mittee shaH plaCe the names so selected in the next meeting for (ile tina decision
1 JUSTice vfaIimath 2 Vice Chancellor 3 Shri Patnaik Silri VR Reddy 5 Mr Gopakumaran air Chairman BCI
Tile members of the EC have requested to suggest suitable names Registrar shall be the Ex-officio Secetary to the Committee
Item ~o 1 The EC consrituted a Committee consisting of following members to tinulise tile niles placed before the next EC
L 5111i BS Reddy 2 ShriDesai Chandrashekar Kamataka Bar Council Chairman 3 Prof V agaraj -I Shri BD Hiremarh
Registrar shaH be the Ex ofiicio secretary
Item 03 Common Entrance Test
It was resolved the modify the resolution to the followin1l ctIeer that the VC should take the stand that having r~gard to the pr~emin~nt pOSition ofrhe NLSIU being the pioneer in holding the Test it should play the leading role in conducting the Common Entranccent Test The VC is requested to persuade the other Vice Chancellors in this behalf
Itelll NO5 Resolved that the proposal contemplated by agenda item no 5 shall be finalized within a week and the approval ofrhe EC sought by circ1Ilation
1
Item 0 6 Increase in fees by Rs 140001- over lasT year was approved and confirmed
Item 0 7 Providing information under RTI Act - Based on the issne relatinl to the publication aboUl Law School in Times ofIndia under RTI Act aIld the issue of~hai can be released in the Press under RTI Act was discussed elaborately though no conclusion was arrived at It was resolved that the information must have leaked bv the administrative STaff and a stern w3ming must be given to them to prevent such happnings in the future
fain Agenda
Item 02
I Reguarisation of the services of administratiw staff
It was resolved to approe the regulanarions of services of the following with from ovember L 2006
i) ills Pushpa Kadam ii) VIs Vidya SG iii) vir Umesh iv) iIlr Naveen Kumar v I VIs Premll Kummi
Resolved that having regard to the exigencies of service becomes necessary to make immediate appointment the VC could make such adhoc appointments and bring it to the notice of the Executive Committee lllunediately in the next EC meeting
Further resolved that if the vacancies should be filled up as per the University Rules and Regulaliols and if ad hoc appointments are eligible to consider their applicatiolls as well The cases of Ms Gma Ms Jyothi v1r Gulam Hyder and Mangala Gowri were not considered for eguiarization as they haye left th se[ce long back
(3rinLoIlldence increments(QthQslt who acqmre ~LPhii and PhD desree
Keeping in mind the UGC guidelines issued on the basis of the Order of the Govt of India dated J July 1998 and the resolution of the Executive Committee dated of August 1999 the Executic Committee resolved to extend the benetit of advance increments to the members of the tcaching statT acquiring PhD or tPhil degree respectively as follows
1 4 and 2 advance increments will be admissible to those hold PhD and tPilil degree respectively at ihe time of recrul1ment as Lecturers and Assistant Professors
2
2 4 and 2 advance increments will be admissible m those who acquire PhD and VLPhil degree respectively afrer the recruinnem to he said post
3 Associate Professors oJlwards who acquire PhD degree after 781999 shall be eligible for two incremems
The aforesaid provislOllS shall be given ef1c to from 781999
4 Appointment ofMr Somu C
After an exhaustiVe consultation on the issue regarding fixation of rile pay to Mr SOlllU on his appointment as Assistam Pro1ssor the Execurive Council resolved to gram four advance increments in the pay scale of Rs 10000 to 15000- so that the total emoluments will be receivim could not be less than the total ellloluments he is recehing in the priare college vhere he is Sefnllg The offer of appoimmcl1t aLready lllade shall be rnodified on these lines
Item No3 Stagnation increments
The Executive Council decided 10 grant the bendt of stagnation increments contemplated to rhe employees of lSIC The proposal in the agenda to grant stagnation increment is approved
Item 110 -I Institution of Allen amp Overy Chair on International Financial Laws
The Execmive Council approved the action taken by the Vice Chancellor in esmblishing a Chair on International Financial Laws 1Inanced by vIs Allen amp Overy Londo It is resolved 10 convey the appreciation Bnd thanks to the donor
Item ~o 5 Convocation
The sltlggesled the tc)Uowing names tor being invited to be the Chief Guest lor the next Convocation
L Shri Gopalaswamy Iyengar Chief Election Commissioner 2 Shri YV Reddy RBI Governor 3 Shri Fali Slariman Sr Advocate 4 Shri K Pachauri
In case none of the above are not mailable the Vice Chancellor may at his discretion invite any other suirable dignitmy
Item -0 6 3 reservation for physically challenged candidates in the Admission to XLS
EC defened it to the next meeting The Registrar shall place before the Executive CounciL a copy of the Act the Judgment rendered by the High court of Karnataia and
3
- -
bt also a copy of the report said to have been submitted by Justice Rama Jois if available along with relevant judgments
Item 0 7
The EC committee decided to consider the incentive to be given to the staff members on the occasion of the Silver Jubilee function of tile University
Item 08 Selection of the administrative staff
The EC felt that the response to the advertisements being very pOOL steps should be taken to adequately advertise and invite applications afresh In view of the urgent necessity to carryon the administration the EC 3mhorizes the VC to make ad hoc appointments pending regulu recruitment TO the posts of Secretary Office Assistants and Junior Assistants Adequate steps should be taken for adwnising posts indicating all relevant details
Among the three members to be nominated by the VC under the LSIU Regulation 4(c ) the Chainnan of the Karnataka State Bar Councilor any member nominated by him shall be nominated
Item 09 Establishment of a Centre
Resolved to constitute a committee consisting of the following members of the Executive Committee to scrutinize the proposal and to take a final decision in this regard
L Chail1113n of the State Bar Council 2 Bar Council ofIndia member from Karnataka 3 Law Secretary
Item 0 10 Institution of Chair on Consumer Law
The Council noted with appreciation the sanction of professorial chair on Consumer Law amp Practice bv the Ministrv of Consumer Affairs to set up Chair on Consumer Law 8 Practice at LSIC EC authorized the University to convey the appreciation and thanks to the appropriate authority
4
ITEM NO17 171 COURT NO5 SECTION PIL-W
SUP REM E C 0 U R T 0 FIN 0 I A RECORD OF PROCEEDINGS
writ petition(Civil) NO 6002015
SHAMNAD BASHEER VERSUS
petitioner(s
UNION OF INDIA amp ORS (WITH APPLN(S) FOR PERMISSION INTERVENTION APPLN) WITH WP(C) NO 5762018 (X)
TO FILE ADDL DORespondent(s)
CUMENTS
Date 30-10-2018 These matters were called on for hearing today
CORAM HONBLE MR JUSTICE SA BOBDE HONBLE MR JUSTICE L NAG ESWARA RAO
For Petitioner(s) Mr zoheb Hossain AOR Mr Adeeba Mujathid Adv Mr Vivek Gurnani Adv
For petitioner(s) Respondent(s) Ms Roopali Mohan Adv
Mr Namit saxena Adv Ms Taruna Ardhendumaul1 prasad Adv Mr Piyush Singh Adv Mr Amritesh Raj Adv Mr Nitesh Ranjan Adv Mr Shashank saxena Adv Mr Ardhendumaul1 Kumar prasad AOR
For Respondent(s) Mr Rakesh Munjal sr Adv Mr SS Ray Adv Mr Vaibhav Gulia Adv Mr Puneet Gupta Adv Mr paramjit Singh Jaswal Adv Mr Ravinder Singh Adv Ms Rakhi Ray AOR
Mr Atmaram NS Nadkarni ASG Mr Merusagar samantray Adv Mr Ritesh Kumar Adv Ms Suhasini sen Adv Mr Leelesh Krishna Adv Mr Arvind Kumar Sharma Adv Mr Gurmeet singh Makker AOR
~) i
2
Mr sajan poovayya Sr Adv Mr priyadarshi Banerjee Adv Mr Pratibhanu singh Kharola Adv Ms priyanka MP Adv Mr Risha Agarwal Adv Mr EC Agrawala AOR
Mr Anand varma AOR MsShubhangni Jain Adv MS Manpreet Kaur Adv
Mr Puneet Gupta Adv ~lr Ravinder singh Adv Mrs Reeta Dewan puri Adv Mr PN puri AOR
Mr Maninder singh Sr Adv Mr Prabhas Bajaj Adv Mr Gaurav Sharma AOR
UPON hearing the counsel the court made the following o R D E R
The copy of the report filed by the union of India Ministry of Human Resource amp Development pursuant to order dated 13062018 passed in wP(C) No 5512018 be furnished to learned counsel for the parties
List the matters on 28112018
[ Charanjeet Kaur ] [ Indu Kumari pokhriyal ] AR-cum-PS Asstt Registrar
ITEM NO5 51 COURT NO5 SECTION PIL-W
SUP REM E C 0 U R T 0 FIN D I A RECORD OF PROCEEDINGS
writ petition(Civil) NO 6ee2015
SHAMNAD BASHEER VERSUS
petitioner(s)
UNION OF INDIA amp ORS (WITH APPLN(S) FOR PERMISSION INTERVENTION APPLN) WITH wP(C) No 5762018 (X)
TO FILE ADDL Respondent(s)
DOCUMENTS
Date 28-11-2018 These matters were called on for hearing today
CORAM HONBLE MR JUSTICE SA BOBDE HONBLE MR JUSTICE L NAGESWARA RAO HONBLE MR JUSTICE R SUBHASH REDDY
For petitioner(s) Mr Zoheb Hossain AOR Mr Gopal shankar Narayan Adv Mr Adeeba Mujathid Adv Mr Vivek Gurnani Adv
For petitioner(s) Mr vikas singh sr Adv Respondent(s) Mr Ardhendumauli Kumar prasad AOR
Mr Amritesh Raj Adv Mr Piyush Singh Adv Mr Nitesh Ranjan Adv Mr vaibhav shrivastava Adv Mr Sashank saxena Adv
Mr Namit saxena adv MS Taruna Ardhendumauli prasad Adv
For Respondent(s) Mr Rakesh Munjal Sr Adv Mr SS Ray Adv Mr Funeet Gupta Adv Mr vaibhav Gulia Adv Ms Rakhi Ray AOR
Mr V Giri Sr Adv Mr AKarthi K Adv Ms Rakhi Ray Adv
2
Mr Atmaram NS Nadkarni ASG Ms suhasini sen Adv Mr Ritesh Kumar Adv Mr Leelesh Krishna Adv Mr Marusagar samantray Adv Mr Arvind Kumar Sharma Adv Mr Salvadar santosh Rebellow Adv Mr Gurmeet singh Makker AOR
Mr Sajan Poovayya Sr Adv Mr prlyadarshi Banerjee Adv ~r Pratibhanu singh Kharola Adv rmiddotls priyanka M P Adv Mr EC Agrawala AOR
r1r Anand varma AOR
Mr punaet Gupta Adv Mr Ravinder singh Adv Mrs Reeta Dewan puri Adv prof paramjit Jaswal Adv Prof KD Rao Adv Mr PN puri AOR
Mr Prabhas Bajaj Adv Mr Dhawal Mohan Adv Mr Abhishek Adv Mr Gaurav Sharma AOR
For Applicants) MS M Sidhu Adv Mr P vinay Kumar Adv
Mr PS Narasimha sr Adv Mr SS Ray Adv Mr Puneet Gupta Adv Ms Rakhi Ray AOR
UPON hearing the counsel the court made the following o R D E R
Application for intervention is dismissed as
withdrawn
shri Atmaram N S Nadkarni learned Additional
Solicitor General appearing on behalf of the Union
of India ~linlstry of Human Resource amp Development
states that the Government has prepared a report
3
and shall further convene a meeting of all the
parties to these petitions NTA and the Bar council
of India seek their views and make appropriate
recommendations for the holding of the examination
within four weeks
List thereafter
[ Charanjeet Kaur ] [ Indu Kumari pokhriyal ] AR-cum-ps Asstt Registrar
7-+ 0( AMNI~URpound tlt_Ihi
2Q lt ( gt ( - -
~ ~ A
-
p V -~d T] Y-P~iCL of ~-lt)Eign Sud~nts thp drnissio is i-l~ be COI)iuct-d wit)middot the help of Inrin ~~Llt_~lon~
llgtrO~j ~n -t~poundO rgtSpctiVF cnJn~cies
1 r
lh- durtlon of tht course shall bE for 21 peri00 of (iv~~ j~lcaderrjic yeilrs j
CJ 1~ltJch acadeHic _divided into_ thceuroE academic terrnS J
f~lCh tE-rm called a orrimestErcent hDvin0 a minimum of 70 vJcfrki (H) days
C3 Ph- Icdcmic t(rms shilllordinarily be from lst July to --lOth -Septcober t poundrom 5th Oct to 15th Junuclry an(l from 1 (1 t ~l ~] AnlJ a ry to 20 t h A1ri 1 ~
~
6 l Irhp tu i t ton f~(~ foc th0 dampgree progr1fnrne for each yedr -
~~~ 1 i-gt ~ bull )~~jt7-middot which shall be collectEd in th~e IntlIcn~s 0t tl--H~ b(9ir~n of lt2Crk Trin~c-$ter I fcgte i~ not pdid i--hin a week er the co-mrnCncemlt2Ylt of thlt Tr~rgt~middot I i sh~~ 1 be C012Ectec with tate Jf if 1shyor c1~~y t11-l rre- end of 20 working days Can-didut(s who f) l te feeuro wtY)it the nrc-scrlbcd aerior] with ~ate
(fmiddot sri~)l rgtrnoveo -(om lt~G rolls ltH(~ they shall bEgt C~gt-j(1rrit~td onJy on pitympt 0+ rf--)cm-sion feE- oE Imiddot 100shy~(( 1 ~risf-1ct()ry rJport o~ progress ond conduct from 2 Tc~chFr of thp P~culty
In rpsnect of rrwl v acrni ttEO stIJcens admission wi 11 no )( com~letP lJJ11ess- thFY Pi)Y the prescribEc within Sonci fieod ti1le
6 ~ 3 Besidelt= flt( 2lt trl bp9inning of the fi--st trimestr of fdCn ypar J U CltiHldidatgt i (cQuirec to pay a sum of
tOWi1n1 xc1dlrHJ rnJti~rit~ls ar1lt3 a further sum of OWi~fU~ co-ctJcricu~~r ~nd ~tudent welfare activishy
~OL(~ Tuition )nc other fees paid by th0 students irlini ttEC1 to thi course 1 not Je Efundeci u~dFr- any C cumstancs
1
A1)Npoundx UltE remiddot-VishyTS
Academic Calendar at NLS
Resolutions on Academic Calendar
The Academic Council Meeting on 12th December 1987 proposed that each Academic Year be divided into three academic terms each with a minimum of 70 working days This academic term will be called a trimester
On 1th September 1988 the 4th Executive Council Meeting of NLSIU resolved that each Academic Year is civided into 3 academic terms Each term called a trimester has a minimum of 70 working days
Consequences of the Resolutions Tne mandatory 70 working days are spread across 12-13 weeks Each 12-13 week trimester extends to 90 calendar days 3 trimesters will require 270 calendar days
Ordinariiy students complete compUisory internships during the term breaks which vary from 30 to 45 days This year we had planned to forego the term break and replace it with a 15 day break between each trimester as this Is essential to finish evaluation ana assessment exercises Hence the Academic Year requires 315 days
Academic Year 2020-21
If hLS Admissions is completed under the NLAT 2020 Schedule the Academic Year will run from SeJtember 18 2020 to June 30 2021 This will allow for 285 calendar days this year leaving a 30 day shortfall We may preserve the Academic Year by further compreSSing the evaluation and assessment period to 5 days ThiS is neither optimal or desirable bul is the result of the delayed CLAT 2020 schedule Hence the Academic Year 2020-21 will be competed before the start of Academic Year 2021-22 on July 12021
If NLS Admissions is completed under CLAT 2020 From October 10 to June 30 2021 the AcademiC Year wiil have 263 days leaving a 52 day gap Even if we compress the evaluation and assessment Deriod to 5 days between each term and save 30 days the Academic Year 2020-21 cannot be delivered
ANNExOltE RJ
r Nithya Rajshekhar ltIegalnlsacingt
Letter from Nirma University Law School which has a trimester system for LLM and has moved away from CLAT for this process this year
$arasu ltSarasunlsacingt Sat Sep 12 2020 at 1031 AM Te Nithya Ra]shakhar ltIegalnisacingt Co Sudhir Krishnaswany ltsudhirnisacingt
bullbullbullbullbullbullbullbullbullbull Forwalded message bullbullbullbullbullbullbull From Purvi Pokhariyal ltdirector Date Sat Sap 12 20201027 AM Subject Thank yeun To Sarasu ltsarasunisacingt
Dear prof Sarasu Thomas Professor of Law amp Registrar Iational Law Scnool of India University 8anglore
Subject gratlCude for gracing Commermcement session of One Year LLM batch (2020middot21)
Dear SaraSJ Maam
It was Inaeed an absolute pleasure to host you for he commencement (Orientstionj session for our newiy admitted ere year LLM batCh of 20middot21
Your motivalional address infused new energy and enthusiam amongst the sldents during this testing times
As you know this is one year programme and il is expected to nurture pest graduate students with cognitive deeper unaersranding on specialised afea along with sflarpening their research and writing skills One year programme comprises of fhree trimester for our LLM programme And we were running out of time due to delay in centralised acmisison process through CLAT 2020 So finally in early August we have decided to change the mode of admission from CLAT to graduation merit So thai we can save time of our first trimesler and can compiete the programme on time Accordingly we could start our new LLM batch from 31st August 2020 I am really thankful to you for accepting our invitation for OJr format commencement ceremony You have been motivating and inspiring generations of SUdents throughlout aU these years and your words wiseom paved a new direction for leming for our LLM students received oV80Nheming feedback from this session and must be thankful to you to be with us and helping us for guiding our LLM students during this unprecedented times Tnis is unprecedented time and that demands the unusual responses and newadapatabiiity
Thank you once again
VVi1h regaros
Purvi
06011020 The General Body The NLUs was held The Secretary-Treasurer introduced and explained to the members various steps taken by the CLAT Secremriat in preparmion of the examination including a user-fhendly and streamlined website for the C onsonium and CLAT 2020 and a sample of tile revised format of the CLAT paper designed to test slUdem aptitude instead of prior knowledge of law The sample paper had also been $tlrveyed by students from LSIU The eftons of the CLAT Secretariat on both initialives were specially commended by the Members
Additionally he also briefed the General Body that the CLAT Secretariat had put in efforts to develop and innoduce free and high-quality study materials and mock tests tor aU eLAT applicants so as to not disadvantage those slUdents who could not afford coaching
21042020 Due to the ongoing COV1D-19 lock-downs Executive COlllmittee of the Consortium postponed the CLAT 2020 I examination from lOh May 2020 and rescheduled to 21 Sl June
2020 I 1--------+- __
17052020 The Executive Committee of the Consortium resolved to postpone the eLAT 2020 again (2nd eLAT Postponement) The Consortium issued a notification infoDning candidates that a new date would be notified by 0 I July 2020 At the same meering the Respondent No2 informed the of the large increase in the number of applications after the digital marketing initiative
---- 17062020 The Executive Committee of the Consortium met The
Respondent No2 presented the report oftlle survey conducted by the CLAT Secretariat to evaluate options for conduct of the exam given die Covid-19 pandemic The Executive Committee assessed the feasibility of continuing with a penshyand-paper exam VS an online computer-based exanlination The Respondent No2 also reported his effons in contacting I vendors to conduct an online examination I
29062010
7B
16072020
30072020
The Committee of the Consonium issued a notification scheduhllg the CLAT 2010 exam on 22nd August 2020 The test was to be a centre-based online compnter eX3m The Executive Comminee was Infolmed by the Convenor rhat a Vendor had been selected
A General Body Meeting of the C onsortiull1 was held The Respondent No2 intormed the Consortium of the various measures taken by the CLAT Secretariat including
bull Due to the pandemic simation the test centres were expanded from 67 ro 103
bull Detailed Medical protocols to be followed 011 the exam day
bull The mock exams schedule has been prepared and shared to all the VCs
The Respondent No2 also infonned the membls about the proposal for securing an insurance policy for swdenls and staff for the duration of CLAT 2020 exams He informed that proposais have been sought from various Insurance Companies and the best proposal received was shared with the VCs The Consortium authorised Secretary-Treasurer and the President to go ahead with the said Proposal
However certain members raised objections 011 the ground that the price for an Insmance Policy was too higb to bear for the Consortium tmd not necessary
A meeting of the ExecutiYe Committee of the Comoniulll of NICs was held The Respondent NO2middots proposal to secure an Illsuranc Policy fOT students and staff as a precautionary measure lor CLAT 2020 was rejected despite general support froln several melubers for the sole reason tlw it [$ 110t necessary and it il1vole5 huge amount and does not serve any I- purpose
~
The Respondent 02 did not share the Same middotiew
At the same meeting despite the Health and Safety Protocols and the conversion of the exam to a Computer Based format in order to accommodate shldents during the pandemic few members raised health concerns and SUgested J2poundstponemelll i l
of the CLAT 2010 from 2200 August 2010 Hovever the Consonillm resolved to decide the issue at its next meeting
05082020 The Executive Committee of the Consortium of NLUs held a meeting to consider the date of the CLAT2020 exam
The Test Vendor was also in place to conduct the exam 011 7th
September 2020 The Respondent No2 had also begun the process of securing an additional approval from MHA for the conduct of the CLAT exam and to ensure all candidates would be allowed to travel to the centres Respondent No1 mged the Consol1iull1 against postponement of the exam given the extensive Covid-preventative measures being taken at the centres and the need to preserve the Academic YeaL
The Respondent No2 shared a presentation with the Executive C01l1111inee detailing the impact of a postponement on the Academic Calendar of the Respondent No1 University and proposing a host ofoptions in order to accolmnodate members facing such difficulties bull for NLUs to proceed with their own admission process tor I
2020-21
bull aHow for CLAT 2020 to be conducted in two series so that Universities may choose an earlier or Imer date and
bull for NLUs to admit CLAT-enrolled students to appear for separate exams conducted by the NLUs with no further need for registration or fee payment
Despite this the Consoniulll by majority vote merely resolved to postpone the eXllnllnatiol4 to a date to be i
detennilled later
10082020 The General Bodv Qfthe Consortium ofNLUs held a meeting i fuwhere it was dcided to schedule the CLAT exam on
September 2020 Whilst this date would enable members such as NLSIU to complete their admissions without suffering a Zero Year some participants menfloned that it may be necessary to postpone the examination even further
L--_____L______________________-J
27082020 The Executive Council of the Consonjum took the decision to postpone eLAT once again
The Respondent No2 raised serious objections TO the postponement and also brought to the notice of the COllSoniulll the fact that the pandemic would only get worse it1 the coming months Further to facilitate the of institutions reliant on CLAT who would not be able to sustain ftuther delay he optiOllS already presented and discussed with the Consortium the Respoudent No2 offered to undenvTie the entire CLAT 2020 examination from NLSflJs share of Consortium fees in order to hold the examination on the fixed date of 7th September 2020 However none of the options were accepted by the Consortium
ANMEM01pound R1Ie atiouaj Law Scho()l of india University Ballzalore i J
inllts of the Emergency Faculty lerring held via videu confrrcnce euroIll 6th August 020
lullbers preent lts Iht Zoon1 ~iJn R-cOrGlng
1 PU$lpoThm~H ofCLAT yet again from 22nd Aligust to 7th S~pt(nber ~020
Contingency Plan to prevent a Zero Year
Disc ussion
Th- ViCt1 Chancellor Prof Sudhir KrlslmaSvarny informed that en1rgcHcy l1heting had been called to the decision the Executive C0t11ITliHe of the Consonium National Law Universities dated 05092020 to postpone the CLAT 2020 exam undl funner notice t was also informed that a new date for CLAT 2020 -as not yet finalised however it was likely that the exam would schedukd in September He tated that this emergency Facllhy Meeting had been
0 decide on NLSUs next steps
TllC Vice Chancellor infonned the Faculty he hud pHt forth the case of NLSIU lt1t the only National Law UnivilTsily having a trimester system before the Consortium members He infom1cd Consortium that delays in CLAT Nould unfairly prejudice NLSIU and set before them several alternatives including (1) allowing NLSIU 0 go ahead with an alternate admisslols process lor this
lild r) allowing multiple CLAT exams and go ahead with the date as proposed
Vice ChanceUor timber informed the Faculty that the CLAT 2020 had been postponed the hid time despite the extensive health and safety protocols and a rede$ign of the ~xam (Q a centre-based computer exam As the Covid-19 pandemic is only getting worse there is no justiI1carion for further delays
Fuculry il1cnlbcrs expressed concern that the trimester was going to be severely dt~layed as a
th~ postpot)CJncHt Undergraduate Chairperson Prof T Somnshekhar suggested going ahead vith an exam immedimely to prevent fmher delay and to explore using the same centres as CLAT
Other Faculty 111cmbcrs including Pr)f Ashok Patll suggested thatvlc should fun our ovn entrttnclt exam NIr Kunai Ambasta agreed bUt expressed concern about the costs of administering a scpamte entrance eXctlDlnatloD
Jflndakishore lt-luerkei whether ve couid go ahead for this staying tvithin
lnernbers inciudjng Sanyukta Choudhry and Ms Rashmi Vcnkatcn if it was PQssihlt IO have a dekly~d trimesrer nnd hm the inlpact ofthlt WOUld be Acadernic calendar options (r( txplored
Bnbu 11athev opined e should xplore many options 5hared TvlPP course to begin on ciCil1
Registrar~ Prof Sarasu Eshef Thon1as nmde a short prescntmion on the of a T on the S A-eadernic Year
1 Impact on applklnh
H1m p-ymc
r1nyioin these middotXl]]
P(rc(nt~~( of Point of 1ime nJen nolk of Refund of fcc of adrnission is ncchcrd
(Hlr
1s Ycn) Bi~~
I Trimester to II Trimcsn D~CCFhcr to
m
h) announce ~i
L)se 1 LLYl
to tho- yho wand to JOB)
2 Impact un NLSn
r ould -0 jom orh-r Hhtinntons
that WOtl ld bc 1n
I cgt Rs 9911gt7501middot
nOled that th~ k--ping the In a zero this
rJun-optlD1WH lbe
Possible gtOiUtiUllS
iovving pO$siolc solutions to Ihlt
quality addlTlonal uuuhk workload reachers and wnt til
DClsng ~1 adulisiuns lEosS ttJ corrplt~d urgtntly vhich EaHovmiddot us t) admit studnts rntd~Septen1ber and Viih ddayd b~it trirn12s1cr C(lYlprOrtusHlg JCadCl1iics
Dednre D 11h concqu~rH financIal losses lo-s of lainl tc as last rsort
4 If we run our tlvn entrance cxmn We rnay have to bear a snudt IO-is in monetary t(nns cntrmce process at a
it vns ionduded ihat smCe dH date ll) CLAT exan1 had nOI bcen flxLi 1hen W~l~ no vbClher voldd be any furh~r postponcn1entS LSIlJ be ith puhing
uirncgtter LO th ecund rrlrn-skr and so fDrth lhereby n1-lking it impo$)iblc to up 2021 In such a cnse~ rLSrC will be forcedo announct a zero y(ar~
US Lfl
nsoi cd
Executive
~g --1tUE tpZshy
Extract ofDraft Minutes of9t Executive Council Meetillg
DRAFT MINUTES OF THE 91 MEETING OF THE EXECUTIVE COUNCIL OF THE
ATIONAL LAW SCHOOL OF INDIA UNIVERSITY MELDON
WEDNESDAY AUGUST 12 2020 AT 330 PM AND ON
TUESDAY AUGUST 18 2020 AT 430 PM VIA VIDEO CONFERENCIgtlG
MEMBERS PRESENT I Honble Mr Justice Uday Umesh Lalit Judge Supreme Court ofIndia 2 Honbie Mr Justice Dhananjaya Y Chandrachud Judge Supreme Court of india 3 Honble Mr Justice S Abdul Nazecr Judge Supreme Court oflndia 4 Honble Mr Justice V Gopala Gowda Former Judge Supreme Court oflndia 5 Shri Manan Kumar Mishra Senior Advocate Chairman Bar Council of India 6 Shri S Prabakaran Senior Advocate Co Chairman Bar Council oflndia 7 Shri Deb] Prasad Dha Advocate Managing Tnlstee BCI Trust 8 Shr1 Apurba Kumar Sharma Senior Advocate Chairman Executive Committee Bar
Council oflndia 9 Shd Y R Sadasiva Reddy Member Bar Council of India 10 Shri Ved Prakash Sharma Advocate Member Bar Councll oflndia 11 Shri Prashant Kumar Singh Advocate Member Bar Council of India 2 Shri Anil Kumar 1M Chairman Karnataka State Bar Council 13 Shd tV Ramana Reddy lAS Additional Chief Secretary to Government or Karnataka
Higher Education Department 14 Shf1 SY Watawati Law Secretary Government of Karnataka 15 Prof (Dr) Sudhir Krishnaswamy Vice Cbancellor NLSIU 16 Prof (Dr) Ashok R Pati] Professor of Law NLSlU 17 Prot (Dr) TS Somashekhar Professor in Economics NLSIU J8 Dr Nagarathna A Associate Professor NLSJU
AliD 19 Pro[ (Dr) Sarasu Esther Thomas Registrar amp Professor of Law as Secretary to the
Executive Council
lVIEMBERS VRO EXCUSED THEMSELVES L HonbJc Mr Justice Mohan M Shantanagouclar Judge Supreme Court ofIndia
Opening Remarks
The Vice Chancellor Prof Sudhir Krishnaswamy welcomed al the members to the 9i Meeting of the Executive Council He thanked the Honble Judges representatives ofthe Karnalaka Stale Gevernment and members of the Bar Council of India for agreeing to attend this Executive
-ss Council TvteeHng organized at short notice or Video Conference He informed tflC 1crnbers that the Honbie ChiefJustice of India the Chsnceillllofthe University was unable to atlcu and had ominated Honble Justice UlJ Lalit to Chair themeeting in his abence
Justice Lalit clarified the reasOns why this emergency Executive Ceunci I Meeting had been convened at shori notice at his initiative First as CLA T 2020 had been postponed several times the University is unlikely to complete admissions by September 2020 Hence lLSIU faces the prospect or a zero year 1ere 120 BALLB + 50 LLM students will not be admitted and (be University wili lose INR16 crores over 5 years Secondly as the University had submitted a comprehensive Report reviewing the Reservation Policy in the third week of July this Report should be discussed while Ihe admissions process was underway
Justice Lalit then asked if any Member took objection to the short notice and was keen that the Meeting should be adjourned Ali Members unanimously agreed that due to the urgent nature of the agenda of the Meeing the usual lime trames for the Meeting may be dispensed with on this occasion
~ __-1-_- _ - _ _-- -- --- i Item No1 i Postponement of CLAT 2020 and Admissions to the NLSIL for the i_ ____J_A2e~)r2Q~Q21 ________ ____ __
Discussion IMembers noted that the Governing Body of the Consortium ofNLUs held an iemergencv meeting on Aug 10th 2020 to reschedule CLAT 2020 from Aug 22nd to 7en September 2020 ) i i 1 Members expressed concern that CLAT 2020 had been rescheduled 3 times and
further postponement could not be ruled out The Vice Chancellor clarified that the University has made adequate plans to compress the Academic Year if the 1
exam is completed On September 7th 2020 I
However several Members expressed concerns if CLA T 2020 was delayed 1 further All Members agreed that the consequences ofa Zltro Year in terms of loss of revenue (around i 6 crons) and loss of oppoltunity to 120 SA LLB (Hons) and 50 LLM students [0 study at the National Law School was too high a price to pay
Some Members suggested exploring various admissions options using 12th Stllndard Marks other entrance examination results or conducting an online examination The Chair emphasized that it is critical to authorize and urge the University to take immediate steps to prevent a Zero Year if CLAT 2020 is
i further rescheduled
i I The Chair requested the Vic Chancellor to consult withthe BCI Chairpls~n in the event that the Umverslly needs the leave of the Supreme Court In mese I 1____~__-lllat~~~ __ _ ___ _~__ __ _________ _jI _ 1 l was resolved unanimously that jfthere is a further delay in CLA T the Vce 1
L_~C~~nJ9_~ll~cel()r--~_lt11Jlowredt2takeai I necessar $iJlLt~nsur(U~ltlUl1ej
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TAdmissions Processfor 2020-2 i~i~ completed in Septe111ber 2020
NLSIU is authQrised to fUll ft~ own admission process and conduct an i independert admisson tcst if necessary if there s further postponement of the I CLATexam
It was decided that the meeting would be adjourned to 18th August 2020 at 430 PM The Vice Chancellor thanked all the members for joining this meeting
After a formal weicome by the Vice Chancelor Justice U U Lalit chair the meeting and invited Justice Gopala Gowda to present his note feHowed by a presentation by the Chairman Bar Council ofindia
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1 -__~_~~__~ bull i Anv other item with the ncrmission of the Chair
n __ __ Item 3 __ ~~bullbull_______ ~_________bull ______ __ ______ - _~~ ~~~ ~~bullbull _~~~ ~ __--J~_~ __
Discussion The Chair asked the Vice Chancellor to clarify that CLA T 2020 was likely to be r held on 7th September 2020 The Vice Chance lor confirmed that as per the i current schedule it was to be conducted on 7th September 2020 but the I Consortium tny choose to reconsider the date later I
i--~------- i-------~ --_---- ---------------_--- ---- ---- -- ---
Decision i
The Executive Council unanimously reconfirmed this resolution to empower i
the Vice Chancellor and the Jniversity to conduct an independent admission iL_ _________jJ~poundf~ipoundE~1Jt t~at C~~T 29Qis dela)~ecc fU~~t____~~_________
The Vice Chancellor thanked all the Members for joining the meeting and thanked Justice UU Lalit for chairing this important emergency Executive Council meeting
SdJshyRegistrar National Law School oflndia University Bangalore
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Post Bag No 7201 NAGARBHAVI BENGALURU - 560 242 (Old Code No 560072) INDIA
Talalax 080 - 2321316023160532535 Fax OBO - 2316 0534 Website WWWnlsac-in Email registrarnlsaci
Report of the BALLB(Honsl and LLM Admissions Committee 2020
Committee Members
1 Prof (Dr) Sarasu Esther Thomas Registrar 2 Professor Babu Mathew 3 Assistant Professor (Dr) Kaushik Basu 4 Assistant Professor Kunal Arnbasta 5 Assistant Professor Sanyukta Chowdhury 6 Nithya Rhea Rajashekar Advocate (Legal Advisor to the Committee)
A Objective
Since inception admission to the BA LLB (Hons) programme has been purely on the basis of merit as assessed through a common entrance exam The University conducted its own AIIshyIndia entrance examination until 2008 when the Common Law AdmiSSion Test was conceived In 2018 the Consortium of National Law Universities comprising the ViceshyChancellors of 22 National Law Universities was formed to establish a Permanent CLAT Secretariat for the conduction of the CLA T Admissions to the Universitys BA LLB(Hons) and LLM programme were also done on the basis of CLA T score
The Covid-19 pandemic has however caused unforeseen difficulties and delays in the conduct of CLA T 2020 The repeated postponement of the examination has resulted in uncertainty for students parents and the participating Universities NLSIU is uniquely disadvantaged as it follows a trimester system where every academic year is made up of three terms of 90 days duration Moreover each term must accommodate 60 hours of classroom instruction in each course and adequately provide for examination and evaluation processes Further the academic offering for the 3rd 4th and 5th year of the BA LLB programme as well as the LLM programme is fully integrated and requires a common academic calendar
Hence if NLSIU is unable to complete admissions before the end of September 2020 it will inevitably result in a Zero Year with no admission This will deprive law students of the opportunity to pursue their studies this year at Indias premier law university We are fully committed to ensuring that no student is denied the opportunity to study at NLSIU this Academic Year Hence NLSIU is compelled by the current circumstances to conduct a separate admissions process for the BA LLB and LLM programmes for the Academic Year 2020-21
This matter was considered at length at a Faculty Meeting at the University on August 6th 2020 where the Faculty unanimously resolved that NLSIU needed to take all measures necessary to avoid a Zero Year The Executive Council of the University at its 915t Meeting held in two sessions on August 12 2020 and 18th August 2020 met to consider the matter and unanimously resolved to authorize the University to develop an alternative admissions process in the event that CLAT 2020 was not conducted on September 7 2020
h fin stablished under Kamataka Act 22 of 1986
-tgg On August 28 the Executive Committee of the Consortium of National Law Universities postponed CLAT 2020 from September 7 to September 28 2020 Accordingly this Faculty
Sub-Committee was constituted by the Vice-Chancellor and tasked with formulating a revised admission procedure for the academic year 2020-21 with respect to the BA LLB (Hons) and LLM Programme (hereinafter referred to as Programmes)
B Options available before the Committee
1 Conduct an online entrance exam at identified centres across the country for all applicants
2 Conduct a home-based proctored online entrance exam for all applicents
3 Conduct a home-based proctored online entrance exam for applicants shortlisled as per pre-defined criteria
81 Committees decision regarding Option 1
As per expenditure estimates prepared by the University conducting an online entrance exam at identified centres across the country for aU applicants would cost Rs 4 crores Moreover under the given lime constraints it would be extremely challenging to organise the same Further a home-based online examination discussed in Option 2 and 3 below ensures that candictates do not need to travel to physical centres for an additional examination
Accordingly the Committee decided that option 1 would be unfeasible
82 Committees decision regarding Option 2 and 3
A home-based proctored online entrance exam for all applicants would not be feasible given the expected number ofapplicants (apprOXimately 20000+ for BA LLB and 5000 for LLM considering the late call) and the available funds of the UniverSity unless some minimum fee is charged from applicants If this is done we may make an open call
~Ihere no application fee is charged such an entrance exam is feasible for applicants
shorlisted as per pre-defined criteria Subsequent to the initial deliberations ofthe SubshyCommittee it was made known to the members that the procedure for admissions as finalised by Ihe Academic Council on December 12 1987 was that Admission to tile Law School would be only on the basis of the Written Admission Tes
The Committee discussed the available technology platforms for conducting homeshybased proctored online entrance examination with two vendors (Edchemy and Coshycubes The Commiltee also got in touch with Pearson Vue and NSEIT) A moreurogt exhaustive search may be undertaken by the University before making the choice of technology partner for the entrance exam
With respect to the application fee the University has tlllIO options - (i) to charge a nominal application fee (in the range of Rs 100 Rs 250) to recover part of the costs
111 (with the balance being met by the University funds) or (Ii to not charge any application fee While the CommITtee felt that (i) was ideal a final decision may be taken by the Vice-Chancellor in this regard depending on the final expenditure estimates of the entire admissions process and availability of funds with the University
Therefore having considered all the options it was concluded by the Committee that an online home-based entrance examination conducted for all appticants at the earliest and with the lowest possible application fee would be a fair transparent and accessible admissions process
C Committees recommendation regarding conduct of home based online proctored entrance examination
The syllabus of the examination should be as ctose as possible to the Common Law Admission Test 2020 so that candidates are not required to undertake any additional preparation for the NLS1U Entrance exam The following format was recommended by the Committee
Maximum Marks 80
Duration of the Exam 45 minutes
Question Type Multiple Choice Questions only
Marking Scheme 2 mark per correct answer
-050 marks per wrong answer
-025 marks per skippedunanswered question
Candidates will have to appear for the examination using a computer device with video and audio transmission available They should be informed in advance that the University would noi be responsible for any connectivity issues or failure of intemet connection during the examination
A mock examination should be held to familiarise the candidates with the technology plalform on which the examination will be conducted
There should be a protocol established to deal with potential malpractice since the examination will be attempted by the candidates in a home environment It is understood that the available technology allows for artificial intelligence enabled human proctoring of the examination Additionally the technology vendor will put in place software mechanisms to ensure that forms of examination malpractice will be detected and suitable action taken This should include but is not limited 10 restricting access to different online tabs on the computer audio detection continuous video streaming detection of multiple login attempts etc In addition to proctoring during the examination post hoc verification must be conducted on the besis of detailed logs and data records maintained by the human proctors and the available system records In cases of observed malpractice the candidates examination should be cancelled by the University
At the time of computation of final scores pest the examination if twO or more cajsobtain the sameuro marks a break of tie should be made by the following procedure and order (i Higher number of correct answers to Legal Reasoning Questions (if) Higher number of correct answers in the overall examinatiOn iii) ComputeriSEld draw of lets
n view of the fotegoing discussion on the available options the Vice Chancellor may take the
final deCision 01 the admissions procedure to be followed for the academic year 2020-21
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Prof (Dr) Sarasu Esther Thomas Professor 8abu Mathew
Dr Kaushik Basu Mr Kunal Ambasta
Ms Sanyukta Chowdhury Ms Nithya Rhea Rajeshekar
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ANNEXURE R-Il4shy
Honble Justice ~1L U C Lalit Judge the Supreme COlit ofIndia ChairmalL Executive C ounci Xational Law School oIIndia 1Jlliversity
36 September 1010
Sub Decision of the Consortium of -iational Law Universities on 28082020 to postpone
CLAT2020
Honble Sir
Greetings from NLSIU Bangalore
The Comonium of National Law Uillversities of which NLSIU is a member has by its llorification dated 28 August 2020 decided to postpone the Conunoll Law Admission Test CLAT) poundiom September to 28 September 2020 The COVID-19 pandemic has caused llntOreseen diftkulties and delays ill the conduct of CLA T 2020 and the repeated postponement of the examination bas resulted in uncertainty for students parents and the participating llliversities
As you are aware the )JLSlU is uniqudy diadvalltaged as it 1011ows a trimester system where eVelY academIC year i made up of three terllls of 90 days duration Moreover each tel111must accollllllod1te 60 hours of classroom imuuctioll ill each comse anc adequately provide for examination and evaluation processes FUl1her the academic offerillg tOr the 3rd 4th and 5th yem of the BI LLB programme as weH as the LLM prograllulle is fully integrated and requires a COllllllon academic calendar Hence if]1-S1U is unable to complete admissions before the end of September 2020 it will inevitably result in a Zero Year vdth no admissions This will deprive law smdellts of the oppommity to pursue their shldies this year at Indias premier law university TheretOre 1-SIC is compelled by the current circumstances to conduct a separate admissions process for the BA LLB ane LLM programmes for the cademic Year 2020-21
This maHer was considered at length at a Faculty Meeting at the University on Augmt 6 2020
when the C onsortiulll postponed the exam from August 22no to September 7 2010 where the Faculty unanimollsly resolved that NLSIU needed to take all measures neeesalY TO avoid a ~Zero Year
Then the lllmtcr Va placed before you in the EXecmive COllncil at its 9 F meeting held 011 1211
August 2020 wherein it was unanimously resolved to authorize the University to develop an ~-
~ltern~tivc admissions process ill the event that CLAT 1020 WilS not conducted on September jh
2020
Accordingly the Vice Chancellor constituted a Faculty Sub-COlllmittee on August ~020 to denlop a revised admission procedumiddote The Sub-Colllmittee concluded that a common entrance test conducted online at the lowest possible application fee would be a 1aiL tn11lsparent and accessible admissiolls process 8t this The proposab of the Sub-Committee were dicllssed at a F ~cnlty Meeting held 011 31 August 2020 After taking into accollnt the suggestions and
revisiom as necessary the Revised Admissioll Notifications for the Academic Year 2020-21 for
the BA LLB programme and LLlvl programme haw been notified
The lniversity aims to initiate and complete the entire proces by mid-September and begin the Academic Term immediately thereafter While the reyisecl admissions process presents a mOllumental task the careers of the students who have worked hard for this opportunity remain
our top priority
The V ice-Chancellor and I will contlllue to apprise the Executive C ouneil of these developments
and ve thank you for your SUppOl at this time
Sincerely
Prof (Dr) SraSll Esther Thoma
Professor of Law and RegistIar liLSIC tvlember Secretary Executive Council
Copy to (1) Members ofthe Execntlye CounciL NLSIlJ (2) Vice-Chancellor NLsn
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The Faculty
KltIional Law School oflndia University B8ngillolc
3 September- 2020
Sub Decision of the Cousoltiull1 ofKational Law Universities on 28082020 to postpone CLAT 2020
Dear all
~s you are aware the COllsorriulll ofKntiona Law Clliversities of which NLSIC is a membeL has by its notification dated 28th ugnst 2020 decided to postpone the COllllllon Law Admission Test (CLAT) Hom 7 September TO 28 September 2020 The COVID-19 pandemic has caused
uuforesen difficulties and delays in the conduct of CLAT 2020 and the repeated postponement of the examination has resulted ill uncertainty for students parents and the participating
Cuiversities
At the Faculty deeting at the liuivelsity on August 6th 2020 the mailer was considered at
length when the CLA T 2020 wa postponed fiom Angust 2211d 2020 to September 7th 2020 and need to avoid a delayed cademic Term was discllssed NLSlli is lllliqueiy
disadamaged as it follows a nilllestersystem where eely academic year is made up of three
Tenns of 90 days dmmion ldoreover each term 1ll1lSt accommodate 60 hours of classroom illSh11Ctioll in each course and adequately provide tOr examination and evalnation processes
FunheL the aCBdemic offering tor the 3rd 4th and 5th year ofThe BA LLB programme as well
as the LL2gtI programme is fully integrated and requires it COIlllllon academic calendar Hence if NLSlt is unable to complete admissioIlS before the cud of September 2020 it wil iueitably result in a Zero Year with no admissions that deprives law students of the opportunity to pursue their smdies l11i year at Indias premier law university At this meeting the Faculty Imanimously
resolved that NLSIC needed to take all measures necessmy to avoid a Zero Year
Tllereatler the matter was also placed before the Executive Council at its 91t meeting held on
12 August 2020 wherein it was ullanimously resolved to aurholize the University to develop an altemmive admission process in the event that CLAT 2020 was not conducted all September
2020 Therefore NLSlt is cOlllpdled by Ille current cncumstances to conduct a separate admissions process for the B LLB and LLM progrmnmes for the Academic Year 2020-2 L
Accordingly the Vice Chancellor constilllted a Faculty SubmiddotCommittee on 28 August 2020 to
develop a revised admissions procedure The Sub-Commirree concluded that a common ntlance test conducted online at the lowesl possible application fee vould be a fair
lransparem and accessible admissions nrocess at this stage The pro])osals oftlle Sub-Committee - - ~
were discussed at the Facultv Meetimr held on31 Augnst 2020 Afler taking-
into aCCOllll the ~
snggestions and revisions as llece~sm) the Revised AdmJion otificarions for the Academic
Year 2020-21 for the BA LLB programme and programme have been notified on the Cniversity Yeb~ite
The Cniversit aims to initiate and complete the entire process by mid-September and begin the Academic Term immediately thereafter While the reised admissions ploce presents a monumental task the careers of the students who 1mve worked hard for this opportunity remain
our top priority
The Vice-Chancellor and I shall continue to apprise the Faculty of the developments and we thank you for yom SUpjlOlt al this time
Sincere
Prof (Dr) Snmsu Esther Thomas Professor of Law and Registrar ]LSn
ltlember Secretary Executive Council
Copy to (1) Member offacuIty NLSlli
(2) Vice-ChallCellQL NLSIC
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Tlle PI ident
ConSOl1iUlll ofltational Law Cmverities
3 September 2020
Sub Decision of the Consortium dated 270820 to postpone CLAT 2020
Dear Prof VijaykumaL
Guering ilOlll LSru Bangalore
The COVID-19 pDlldemic has caused unforeseen difficulties and delays in the conduct of CLAT
2020 The repeated postponement of the examination has reulred in ullcel1ainty for students
parms and the pmticipating Cuiverstie
LSIl is uniquely disadnmaged as it follows a trimester system where evelY academic year is
made up of three tenlls of 90 days dmation rIoreover each term must accollllllodate 60 hours of classroom instruction in each course and adequately provide for examination and evaluation
processes Further the academic offering for the 31d 4th and 5th year of the BA LLB
pro~ml1111e as well as the LLrl progrmllllle is fully integrated and requires a common academic
calendar
Hence if ll_SIU is unable to complete admissions before the end of September 2020 it will
inevirably resut in a Zero Year with IlO admissions This deprives law sludents of the
opportunity to pursue their mdies tills year at Indias premir law university Therefore ](LSIU
is compelled by the ClliTem circumstance to conduct a separate admissions process for the BA LLB and LLM programmes for the gtcademic Year 1020-21
This matter was considered at length at a F acuIty lHeeting at the Cuiversiry on August 6th 2020 where the Faculty unanimously resolved that NLSIC needed to take all measures nec6sary to avoid a Zero Year The Execmive COllllcil ofte Cniversity the 91s1 EC meeting held in two
sessioLlS 011 12th Ausmst 2020 and 1 Stl August 1020 considered the maner and unanimously- ~
resolved TO authorize the University to develop 0Jl altemative admissions process in tile evem
tlwt CLAT 2020 was not conducted on September 7th 2020
On August 28th the Executive COlllmittee of the COllsortiull of National Law Universities
postponed CLAT 1010 from September 7th to September 28th 2010 III these circulIlstances
NLSIU is compelled to conduct a sepmate admissions process forthe Academic Year 2020-2 L
I reiterate that NLSIU will continue to discharge all its responsibilities as a Founder )middotlember of the COllS011iulll Rncl the Vice-Chancellor in his capacity as ex-officio Secretary-Treasurer shall
extend all necessary SUppOH to the Consortium for the SUCCessful condlct of CLAT 2020 at the
earliest possible date
I am continuously available to clarify any of these developments on the email and the phone e
request yon to take all necessalY steps 10 connmlllicale this to all students who have registered for CLAT 2020 as we lllUICt conduct the admissions process with the least possible
disl1lptioll
Sincerely
Sarasu E1her Thomas Registrar NLSIC
Copy to
(1) vIr Bahaj Chaul13ll CLA T COllvenor (2) Members of the Consortium
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PROCTORING PROTOCOLS
THE KATIONAl LAV APTITlDE TEST 2020
NLSIF uims TO ensure that the NLAT 2020 is an accessible smdem-triendly examinmion registered candidares are required TO follow the highest standards ofacademic integrity while raking the res The Proctol1ng Protocols to monitor the examination process are sel om below
middotmiddotmiddotmiddotmiddot~-middot~rmiddot~middotmiddotmiddotmiddot-~middotmiddot-middotmiddotmiddot~middotmiddot ------~~
50 lIalpracticf Ownersbi]l PradoI Ation
1 I111pcfsonation Proctor L Record Malpractice I
~(determined at of _ Do not allow the impersonator to starr candidate validmion the xmninatioll prior to cxanllmnion 3 For PWD candidates both the commencement) candidateS and scribes GOV1 Photomiddot
I ID must be verified bull
2 Inappropriate Proctor Proctors will send a message to such surroul1dings ar teSC candidates Please sweep th canlra location External help ill a circle around me place you are solicited (suspected) taking the assessment and i or (Someone otiler than Please tilt rhe devicemiddot keyboard you pennitted scribes are using for the assessment)present in the vicinitv
1 Candidates to show 8 360-degree view candidate looking ill of the emire room by mming on a mher directions webc8m (Iapmpsidesktopsl or fromcontinllollsly
periodically candidate camera (as directed by proctor) talking communicating (mobile devices) tilt the device
Iin any other manner keyboard as instrUCTed dlh SOIlleone other thrill 3 If any 1llla1lthorised person or penllired scribes unauthorised device is observed in the
candidateS vicinity including but not limited to person(s Othef than permitted scribes HDMI cabies extemal devices projection of the feSt screen etc proctors m terminate the candidates examination attempt
I inUlledlately
4 If the proctor observes a phone rabler other device falling slipping when the device keyboard used for the assessment is tilted proctor to terminate the exam immediately
5 Any candidate who fails to comply with the proctors instruction within 45 seconds will be logged OUl of the examination ProcmfS may permit 10 additional seconds in simations where they ill Ildr ciretiol1 determine that
10 ~-()
3
4
5
6
s
~IaljJractke
T alkingiS peaklngJvIaki ng Gestmes (could include gestures that indicate to the proctor candidate may be using another demiddotic~middotmiddot looking at chat applications InirrofJ other screen etc ) VindQw ~ u (Accessing any other window other than the test vinoo)
I
Lac Face not Detected (Candidate not present in front of systenl)
-fllltipJe persons detected
i Foreign Device Observed (~vlobileT ab letsCa leuia tors etc)
Candidates observed
II OwnerSlliL I
Proctor l
0_
3
Systell1 Ii
0_
Proctor l _
3
LProctor _
3
Proctor i
Proctor L
P~()ct()r Actim the candidate may 110t hay noticed l11essages i1-0111 the proctor in the course of anc~llpting the exarlination Send tlyo yarnings m the cnndidare If a candidate persists with this be11ayio1[ the procmf shalt inform tbe Super Proctor Super Proctor may recommend t11m candidates should be conracted through the system for clarification or disqualified
Candidate will be loggerl our of the -xal - middotl1hafmiddoto~h at~middot1 c1 _ ~UCh - ~ 1 dllC1UY I
accounts for occasional 0Jc~m popmiddot ups Inacyertent errors)
Proctor may issue to candidates when the first tiw attempts afe detected
Send one warnjl1~ If the candidate does nor reUlrn within 45 seconds tennlnate the candidates examination attempt immediately Proctors Jllay permit 10 additional seconds in situations Where they in theit discretion determine that the candidate 111ay not hay noticed
--warning messages 110111 the proctor in the conrse of Jttempting the examination Send one vaming to the candidate
~~~~
If the other person does not leave imrnediatcly tenninatt the candidateS fxaluination rmempt immediately Proctors shall when comempla ring the abo1e actions account for a PVD candidmes fhm may be
_cHsing b Candidates that mav be 3D faring~p
for the exarnination at test centres
Send one wamin to the candidate If the candidate still persists terminate the candidate5 ~xalnination attempt immediately Send one to the candidate
7
i f--
S~o r HalpnKtke OWllerlthiJ Acflim
Headphones Blueworh _ Check if the candidate is only using it Audio devices for microphones purposes fle
plugged into systel11 as an external 3uaclled microphone bur candidate is not wearing earptcef h~adset)
o If the candida does nor comply with
the proctors instructions rermilk1te the candidate s examination attempr I immediarely_- ----+-_--shy
9 Simulmn~ou5 login Proctor L Proctors will observe rhe picmres of nne1l1pts 11mlriple candidates fr01l1 all such dcices
~0 _ If ir is observed rhar someone other rhan the candidate is using snell other d~vic~s proctor to renuinme the exafn immediately
3 If a candidate is observed on all snch Ideices proctor will flag the issue for
the Super Proctors anenrion Super Proctor nlay recoffilllend that
Ibull bull
candidates be contacted through the system for claritlcarion or disqualified Further investigation posr the examination may be carried out with help of audit togs generated on the SYSTem and lLSIU may disqualify the cundidllle upon such I eXaJlJnation
10 Any other malpractices Proctor Super Proctors Super Proctors may in nor describe above Proclor addition to situations where Proctors
Super Proctors detect any potential malpracrices as described above ask the candidate to perform any of the aceions described ill this column titied Proctor Action at any lime and tU
their discretion III addition to the demits set om in
these Prorocols~ the Super Proctors shall haVe the authoriry 10 disqualify a candidate terminate the candidate S examination attempr in the event they detect any act or onssion that docs nol comply with the requiremems of inregriry of a test of the llamre of the -LAT 2020
~OTES
j Instructiolls will provided to candidates on the rest screen as well as in advance of rhe examinarioll in a Candidare MannaI in relation to sinrariolls such as power ems internet
3
lo~ faiiures The assessment system used for the NLAT ~020 may permit the candidate to continue ansrering the question paper In events of internet failure hoyever this is subject to the Proctors discretion and subject TO the candidate system re-connecting to the examination interface it11i11 the rhlle and in the l11anner stipnlated ill the Oll~$creell instmctions and the Candidate ManuaL lilile every attempt shall be made to ensure that commullications instructions and requests promptly are delhered to candidates during the examination process candidates shall have the responsibility to ensure that they respond to such communications messages instructions and requests promptly
3 NLSIU reserves the right upon conducting a derailed and thorough sCl1lriny ofrhe system reports generated for short1isted candidates after the exanlination to any such candidates test scores in the event the system reports in KLSICs opinioll reveal any act or omission tllat does no comply 1rh the req1irements of of a res of the namre rhe NLAT 2020
4 NLSIU rnay re-iey update these Protocols at any tilne prior ~o the exarninarlon at discretion All registered candidates shall be Infof1ned of such elSlOllS l1pcla~s prior ro time of their examination
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J A University for Lega Studies and Research sponsored by the Bar Council of IndJa and established under Karnataka Act 22 of 1986
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
IN WRIT PETITION (CIVIL) NO1030 OF 2020
IN THE MATTER OF
RAKESH KUMAR AGARWALLA amp ANR PETITIONERS
VERSUS
NATIONAL LAw SCHOOL OF INDIA UNIVERSITY
BENGALURU amp ORS RESPONDENTS
APPLICATION ON BEHALF OF RESPONDENT NO1
SEEKING EXEMPTION FROM FILING DULY ATTESTED
ORIGINAL COUNTER AFFIDAVIT
TO
THE HONBLE CHIEF JUSTICE AND
OTHER HONBLE JUDGES OF THE
HONBLE SUPREME COURT OF INDIA
THE HUMBLE APPLICATION OF THE
RESPONDENT NO1 ABOVE NAMED
MOST RESPECTFULLY SHEWETH 1 That the respondent No1 is filing the accompanying Counter
Affidavit of its authorized representative in the present matter
2 That the Respondent No1 craves leave of this Honble Court to
refer to and rely upon the contents of the accompanying countershy
affidavit
loi 3 That due to the situation prevailing on account of corona virus
pandemic the authorized representative of the respondent No1
is unable to get her Counter Affidavit duly attested f notarized
Accordingly the respondent No1 is constrained to file the nonshy
attested signed affidavit in support of the present countershy
affidavit
4 That in the light of the above-mentioned facts and circumstances
which are beyond the control of the Respondent No1 it is
imperative that the Respondent No1 is exempted from filing the
duly attested Affidavit in support of the present counter-affidavit
5 That the present application is made bonafide and deserves to be
allowed in the interest of justice
PRAYER
It is therefore most respectfully prayed that this Honble Court
may graciously be pleased to allow this application and
(i) Exempt the Respondent No1 from filing of the duly attested
original Counter Affidavit and
(ii) Pass such order(s) as this Honble Court may deem fit and proper
in the facts and circumstances of the present case
AND FOR THIS ACT OF KINDNESS THE APPLICANTS AS IN DUTY
BOUND SHALL EVER PRAY
FILED By
~ (KUMAR DUSHYANT SINGH)
ADVOCATE FOR THE RESPONDENT No1 FILED ON 14092020
ItJ1
iN SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
IN WRiT PETITION ViL) NO1030 OF 2020
rnON[HS
VERSlS NnOiIL LNV SCHOO GF INDiA UrJ1VERSiTY
l~G Ul-ZU amp OFS
AFFIDAVIT ) fhO[vlS fv1L Nt Thornas
years at Faculty Quarters Block 2 National ind Nagarbhavi Bengaluru 560072 do afffr and statG on oath as under
the Respondent NO1 in the present
VJith of the case and
affirrn to this affidavlt
2 the contents of accompanying application exenlption are
true correct ~o my Knowledge and belief nOthing rrt3hrial
llas concealed ti
VERIFICATION
at Bengau(u on)~ cay of September 2020 that the
contents of above affidavit are true and correct to my knOWledge and
and nothIng rnateria has concealed therefrom
3 Year 2020-21 were not consequently denied the
opportunity to study in NLSIU NLSIU implemented NLAT
2020
c The implementation of NLAT 2020 is also permitted under
and in accordance with applicable law As per the NLSI
Act the Executive Council is the Chief Executive Body of
NLSIU The Executive Council has categorically authorised
the Respondent No1 conduct its own admissions process
The impugned examination NLAT is held pursuant to the
said categorical and unanimous decision of the Executive
Council
Further the Memorandum of Association and Bye-Laws of
the Consortium of National Law Schools which conducts
the CLAT exam do not prohibit a member from conducting
its own admissions test to determine admissions especially
when CLAT is not held by the Consortium In any event
even assuming without admitting that the Bye-Laws do not
permit it the same would result purely in a dispute amongst
members of Consortium and cannot be urged in this Writ
Petition
Re Maintainabilitv
4 The Petitioner No1 claims to be the father of an aspiring law
student However absolutely no materials are placed on record to
depict the said fact Further it is neither averred that the child of
the Petitioner No1 is a minor nor is any material or evidence
depicting his I her minor status placed on record As such the
Petitioner No1 has no right to move the Petition on behalf of his
child
5 Pertinently no student has himself or herself filed any
proceedings calling NLAT 2020 in question before this Honble
Court
6 The Petitioner No2 is the Chairperson of a private law college
viz Vivekananda Institute of Professional Studies Every
institution imparting legal education in the country has an interest
in the outcome of the present litigation The above college is not a
member of the Consortium and Petitioner No2 is not aggrieved in
any manner It is also sad that the Petitioner No2 having been
the Vice-Chancellor has chosen to file this writ petition knowing
28thfully well that holding the exam tentatively on September
would have resulted in a complete washout for NLSIU On the
5 other hand the other 21 colleges would not be affected as they
follow a semester system
7 Without prejudice to the foregoing preliminary contentions
regarding maintainability NLSIU craves leave to submit
regarding the merits of the matter as follows
RE FACTUAL BACKDROP RELATING TO NLAT 2020
Brief Background regarding NLSIU
8 NLSIU is established pursuant to a joint initiative of the Honble
Judiciary the Bar Council of India (BCI) and the Karnataka Bar
Council with a view to create a premier institution of legal
education in India It was set up by the National Law School of
India Society established by BCI Trust as a society under
Karnataka Societies Registration Act 1960 comprising members
of the Bar and legal academics to establish a leading national
institution for legal studies The said society approached the
Government of Karnataka to host the school in Karnataka The
State of Karnataka agreeing to such request enactedthe
National Law School of India Act 1986 (Karnataka Act No22 of
1986) for this purpose (NLSI Act)
9 NLSIU which was established as an autonomous national-level
institution under the NLSI Act is now recognized globally as the
premier institution for imparting legal education in the country to
students from India and overseas
10 NLSIU at present offers the following courses of legal study
a five-year undergraduate programme leading to the award of
BA LLB (Hons) degree
b one-year postgraduate programme leading to the award of
LlM degree
c two years Master of Public Policy post graduate
programme and
d Ph D I M Phil Research Degree programme
11 NLSIU carries out its functions autonomously regulated by its
governing bodies under the NLSI Act in consonance with the
professional legal education standards prescribed by the BCI In
exercise of its said autonomy NLSIU defines its own pedagogy
and the structure of the courses of legal studies to be offered by
it as also various structural elements such as its academic
calendar faculty intake and capacity etcetera
Brief Background regarding Historv ofAdmissions to NLSIU and Genesis of eLA T
12 From inception NLSIU has had autonomy in determination of its
admissions process The mode of admission into the University
was originally fixed by the Executive Council in its first meeting
dated 29081987 to 30081987 wherein it was decided as
follows
I The draft proposal of the Academic Council to Actions have the selection of the students done through will be an All India admission test and interview was taken as approved The procedure for admission Test per the and the selection may be decided by the decision Academic Council and implemented by the of the Director However the Executive Council Executive disapproved the recommendation of the Council Academic Council to pay one-way second-class train fare to the students called for the interview
The Council noted the sample objective type question paper presented by the two experts on the request of Professor Upendra Baxi However the matter for finalizing the test was left to the Academic Council and the Director The Council noted the format of admission Test provided by MIs RC Mishra and CB Dwivedi of Banaras Hindu University as the instance of Professor Upendra Baxi
True Copy of the relevant extract of the Minutes of the First
Meeting of the Executive Council is annexed herewith and
marked as ANNEXURE-R-11 (Page No l-40)
13 Pursuant thereto the Academic Council of NLSIU met on
12121987 and resolved the final procedure for admission True
Copy of the minutes of the meeting dated 12121987 is annexed
herewith as ANNEXURE-R-1I2 (Page No 51)
14 Until 2007 NLSIU was conducting its own entrance examination
for admissions into its various programmes Pertinently even till
date NLSIU continues to conduct its own admissions process for
the MPP programme and Ph D programme mentioned in
paragraphs 1 O(c) and 10(d) above
15 In or around 2007 in the backdrop of proceedings before this
Honble Court in Varun Bhagat v Union of India and Ors
wP(C) No 68 of 2006 a meeting of the (then-existing) seven
National Law Universities was convened by the Ministry of
Human Resource Development to consider implementation of a
joint entrance examination for admission to the said NLUs The
seven NLUs entered into an MOU to conduct a common test
J known as the Common law Admission Test (ClAT) It was
agreed that each participating University shall conduct the exam
by rotation The matter of adopting such a common entrance test
was also deliberated by the Executive Council of NlSIU in its
meetings dated 27012007 and13052007 wherein the
Executive Council directed that NlSIU should ensure it plays a
lead role in implementation of such common entrance test True
Copy of the minutes of the meeting of the Executive Council of
NlSIU dated 27012007 is annexed herewith and marked as
ANNEXURE-R-113 (Page No +)
True Copy of the minutes of the meeting of the Executive Council
of NlSIU dated 13052007 is annexed herewith and marked as
ANNEXURE-R-114 (Page No S 16 Thereafter the ClAT process itself was called in question before
this Honble Court in two separate proceedings ie Shamnad
Basheer v Union of India WP(C) No 600 of 2015 and Disha
Panchal v Union of India WP(C) No 551 of 2018 In Disha
Panchars case where grievances relating to ClAT 2018were
raised this Honble Court directed the Ministry of Human
Resource Development to appoint a Committee to investigate
1o CLA T 2018 suggest remedial measures and look into future
arrangements for the exam and this Honble Court also observed
that the idea of different NLUs conducting the exam each year
needs to be revisited In Shamnad Basheers case four issues
were raised regarding CLAT namely (a) the decision of the
Universities to conduct the exam in turn by rotation (b) the
quality of the exam itself (c) the integrity of the exam and (d)
issues relating to accessibility particularly amongst
underprivileged segments of society
17 The concerned NLUs in this backdrop and independently of any
directions of the Honble Courts in the said proceedings resolved
to establish a Permanent CLAT Secretariat at NLSIU Bangalore
by incorporating a registered society namely the Consortium of
National Law Universities A plain reading of the Memorandum of
Association and Bye-Laws of the Consortium clearly
demonstrates that the objectives and purposes for which it was
formed were multifarious in nature and not restricted to
conducting the entrance exams The concerned NLUs further
decided that the said society would be responsible for conducting
the exam under the leadership of the Consortiums Executive
Council Based on the said decision the Respondent NO3 (the
Consortium) was formed as a society under the Karnataka
Societies Registration Act 1960 NLiSU was given a central and
prominent role in the Consortium and it was decided that the
Secretariat would be permanently located at NLSIU Bangalore in
order to address the concerns raised in Shamnad Basheers
case
18 The Petitioner in the said case however(relying on an Expert
Committee Report submitted in Disha Panchals case
recommending that a government agency be mandated with
conduct of CLAT sincemiddot rotation-based implementation by
individual colleges was undesirable which Report had been
submitted prior to constitution of the permanent Consortium
Secretariat) pressed for the National Testing Agency to be
entrusted with conducting CLAT This Honble Court vide its
latest Order in the above proceedings dated 28112018 directed
the Ministry of Human Resource Development to convene a
meeting amongst the stakeholders to consider this prayer True
Copy of the order dated 28112018 in wp(C) NO600 of 2015
12 titled as Shamnad Basher Vs Union of India is annexed
herewith as ANNEXURE-R-1f5 (Page No amp-I-J) However thereafter there have been no further proceedings in
the said case
19 As is clear from the foregoing establishment of the Consortium
and CLA T were purely voluntary decisions taken by the
respective NLUs pursuant to deliberations amongst them and in
order to resolve issues and concerns that had been raised by
various stakeholders including in the afore-described
proceedings before this Honble Court Further and specifically
to the best of the Answering Respondents knowledge - and on a
perusal of the various Orders of this Honble Court in the
aforesaid proceedings- it is crystal clear that this Honble Court
did not issue any directions to establish or implement either a
common law entrance exam or a Consortium of National Law
Universities In fact even the Petitioners do not rely on any such
Orders
20 The voluntary nature of participation in the Consortium and
consequently CLAT is also established by the fact that the Bye-
Laws of the Consortium itself provide for voluntary withdrawal
13 which could never have been permitted if the Petitioners
contention that it was the result of Orders of the Honble Court is
correct
21 NLSIU as a party to the deliberations amongst the NLUs
described above has been at the forefront of implementing
CLAT and also taking continuous measures to enhance and
improve the CLAT admissions process right from the inception
and till date
Events relating to CLAT 2020 Inordinate Delay in Holding CLA T 2020
22 Even for the Academic Year 2020-21 NLSIU actively partiCipated
in the announcement and implementation process of CLAT 2020
23 As per the original schedule for CLAT 2020 the exam was to be
conducted on 10052020
24 However starting from March 2020 and thereafter the
Consortium resolved from time-to-time to reschedule the CLAT
2020 due to the COVID-19 pandemic as follows
Date of decision to Rescheduled Rescheduled Decision reschedule from - Date to- Date taken by
21042020 10052020 21062020 General Body
18052020 21062020 To be notified Executive Council
14shyI
29062020
05082020 I
10082020
28082020
NA
I
22082020
NA
07092020
22082020
To be notified
07092020
28092020
Executive Council
Executive Council
General Bodv
I Executive bullCouncil
25 As is clear from the foregoing CLAT 2020 which was originally to
be held on 10052020 now stands delayed by more than four
months to 28092020
26 The aforesaid decision to postpone CLA T 2020 to 28092020
would have compelled NLSIU if it were to rely on CLAT to
complete its admissions to declare a Zero Year ie forgo
admissions into the first year of its BA LLB and LLM
programme for the reasons explained hereafter
27 NLSIU amongst 23 NLUs is the only NLU which maintains a
trimester system-based academic calendar The trimester system
is implemented as per the decision of the Executive Council of
NLSIU in its 4th meeting held on 11091988 The Executive
Council in the said meeting decided that each Academic Year
shall be divided into 3 academic terms of mandatory 70 working
days each True Copy of the relevant extract from the Executive
S Committees Resolution dated 11091988 is annexed herewith as
AN N EXURE-R-1 16 (Page No J)
28 The requirement to hold mandatory seventy working days in each
trimester rests on the fact that NLSIU offered a novel integrated
five year dual-degree programme that would otherwise take six
years to effectively deliver In this backdrop in order to comply
with applicable UGC guidelines and justify a five-year
programme the University devised a trimester-based model
which could sustain the additional workload and justify the five-
year timeframe The same therefore necessarily requires an
academic year to be at least 285 days long (even if the usual 15
days break at the end of each term required for evaluation and
analysis is reduced to 5 days) A detailed note explaining the
aforesaid timeframe required for completion of an academic year
are annexed herewith as ANNEXURE-R-17(Page NOT~
29 Therefore the requirement to complete 285 days in the Academic
Year 2020-21 coupled with the requirement to start the next
academic year (2021-22) on 01072021 meant that NLSIU has
to start its first-year classes for the Academic Year 2020-21 by no
later than 18092020
I 30 Pertinently the impact of delays in CLAT on academic calendars
is not only real but also felt by other institutions For example
Nirma University which conducts its LLM programme on the
basis of trimester system was constrained to withdraw from
CLAT 2020 due to the delays in conduct of the same True Copy
of the Communication of Nirma University to the Registrar of
NLSIU dated 12092020 is annexed herewith and marked as
ANNEXURE-R-1S (Page NO-=t-)
NLSIUs Efforts to Complete Admissions through eLAT 2020 Process
31 NLSIU in view of the need to complete admissions and
commencement of the course by 18092020 made substantial
bona fide efforts to convince the Consortium to facilitate the
conduct of CLA T 2020 in a timely manner
32 The Respondent No2 has in his Counter-Affidavit laid out the
efforts made by him to avoid postponement of CLAT 2020 NLSIU
adopts the averments made in this behalf in full True Copy of the
table prepared by the Respondent No2 and produced in his
Counter-Affidavit describing the said efforts is annexed herewith
as ANNEXURE-R-19 (Page No i1f~
33 Further in light of the repeated delays when CLAT 2020 was
postponed on 28082020 to 07092020 NLSIU also proposed
several alternatives to the Consortium which would enable
universities to complete their admissions within the timeframe
required whilst leaving it open to members if they so choose to
delay their admissions process The options furnished were (a)
for NLUs to proceed with their own admission process for 2020shy
21 (b) allow for CLAT 2020 to be conducted in two series so that
Universities may choose an earlier or later date and (c) for NLUs
to admit CLAT-enrolled students to appear for separate exams
conducted by the NLUs with no further need for registration or
fee payment However the members of the Consortium did not
agree to any of the alternatives suggested Subsequently on
10082020 the General Body of the Consortium met and
decided to hold CLAT 2020 on 07092020 If CLAT 2020 was so
held it would have enabled NLSIU to complete the admissions
process in time to meet the requirements of its academic
calendar
Faculty and Executive Council Decision re Alternative Admissions Process Announcement of NLAT 2020
34 The Faculty of NLSIU at their meeting dated 06082020 had
considered a short presentation made by the Registrar of NLSIU
on the effect of the postponement on NLSIUs admissions cycle
and academic year and noted the dangers of a Zero Year
including loss of talent to the University loss of opportunity by
students to study at NLSIU and monetary losses over 5 years
The Faculty in this backdrop unanimously resolved that NLSIU
needed to take all measures necessary to avoid a Zero Year
True Copy of minutes of the faculty meeting dated 06082020 is
annexed herewith as ANNEXURE-R-110 (Page NOI)
35 As the continued delays in CLAT 2020 would frustrate NLSIUs
academic calendar the Executive Council at its 91 51 Executive
Committee meetings dated 12082020 and 18082020 resolved
and directed the University to implement an independent
admissions process if the CLA T 2020 was further delayed beyond
07092020 True Copy of the draft minutes of the 91 s1 Executive
Council meetings dated 12082020 and 18082020 is annexed
herewith and marked as ANNEXURE-R-111 (Page NO +- tamp)
Efforts taken to Implement NLA T 2020 Effectively with Engagement of All Stakeholders
36 NLSIU being left with no other alternative had to act with alacrity
to complete the admissions process and commence classes by
18092020 and avoid a Zero Year
37 In this backdrop and pursuant to the directions and instructions of
the Executive Council at the meetings dated 12082020 and
18082020 to devise alternative methods to complete
admissions the Respondent No2 convened a Admissions
Committee to consider the modalities for completing admissions
The Admissions Committee considered three options for
admission for incoming students First a centre-based computer
entrance examination Second a home-based online examination
for all students and Third a three-stage process providing weight
age to 10+2 marks online entrance examination and an
interview
38 The Admissions Committee in weighing the feasibility of the
aforesaid options took into account all relevant factors including
the time constraints and costs the requirement to ensure that
candidates are not put to any undue disadvantage as a result of
the decision and also the prevailing practice of NLSIU prior to the
introduction of the CLAT to conclude that an entrance test
conducted online at the earliest and with the lowest possible
application fee would constitute the most fair transparent and
accessible admissions process in the above circumstances The
Admissions Committee expressly noted that the said approach
would be in line with the decision of the Executive Council in its
meeting dated 28081987-30081987 as also the subsequent
decision dated 12121987 of the Academic Council whilst
implementing the aforesaid view of the Executive Council (which
decisions are more fully described hereinafter)True copy of the
Report of the Admissions Committee is annexed herewith and
marked as ANNEXURE-R-112 (Page No S=J) 39 On 31082020 NLSIU convened a Faculty Meeting and the
proposals of the Admissions Committee were duly deliberated
and accepted The Faculty unanimously agreed that a separate
admissions procedure would be in the best interests of the
students and NLSIU True Copy of the minutes of the Faculty
2 Meeting dated 31082020 is annexed herewith and marked as
ANNEXURE-R-113 (Page N0-11)
40 Pursuant thereto the Vice-Chancellor formed a team consisting
of faculty members and professionals to finalize the modalities of
the examination and also appoint after evaluation the
appropriate service providers to facilitate the conduct of the
examination
41 Thereafter once these actions were completed by the said team
and the modalities were frozen the Respondent No2
communicated I caused to be communicated through the
Registrar the final arrangements to the Nominee of the
Chancellor the Executive Council the Faculty of NLSIU and also
the Consortium itself The details regarding the same as also the
conversation between the Respondent No2 and the nominee of
the Chancellor of NLSIU are averred by Respondent No2 in his
Counter-Affidavit NLSIU craves leave to adopt the said
averments True Copy of the Communication dated 03092020
regarding NLA T 2020 issued to the Nominee of the Chancellor
and Executive Council members is annexed herewith as
ANNEXURE-R-114 (Page No ~V
True Copy of the Communication dated 03092020 regarding
NLAT 2020 addressed to the Faculty of NLSIU is annexed
herewith as ANNEXURE-R-115 (Page No -1) True Copy of the Communication dated 03092020 regarding
NLA T 2020 addressed to the Consortium of National Law
Universities is annexed herewith and marked as
ANNEXURE-R-116 (Page No It)
42 Therefore the decision to hold NLAT 2020 was notified on
03092020 only upon completing the processes described
above and with due and full disclosure to internal stakeholders
the Executive Council as also the Consortium itself
43 It is in the above factual backdrop and pursuant to permission
granted by this Honble Court in its Order dated 11092020 in the
above proceedings that NLSIU has implemented NLAT 2020 with
a view to avoid declaring a Zero Year
RE LEGALITY OF NLAT 2020
Re Statutory Power of NLSIU to Convene NLA T 2020 Scope of Executive Councils Powers under Statute
23 44 NLAT 2020 is implemented by NLSIU in the aforesaid factual
backdrop and in exercise of its statutory powers and functions
Pertinently it is implemented pursuant to and in terms of the
express decision of the Executive Council in the 91 stExecutive
Council Meeting wherein in the second session of the said
meeting held on 18082020 it was resolved as follows
The Executive Council unanimously reconfirmed this resolution to empower the Vice Chancelor and the University to conduct an independent admission process in the event that CLAT 2020 is delayed furthet
45 The power of the Executive Council to make this decision is
manifest from Section 10 of the NLSI Act which provides as
follows
10 The Executive Councilshy
(1) The Executive Council shall be the chief executive body of the School
(2) The administration management and control of the School and the income thereof shall be vested with the Executive Council
46 Even as per the settled law laid down by this Honble Court in
TMA Pai Foundation v State of Kamataka (2002) 8 SCC 481
the right of the educational institution under Article 19(1 )(g) of the
Constitution as recognised by this Honble Court encompasses
the right to admit students In the said Judgment at para 50 this
Honble Court held as follows
50 The right to establish and administer broadly comprises the following rights
(a) to admit students (b) to set up a reasonable fee structure (c) to constitute a governing body (d) to appoint staff (teaching and non-teaching) and (e) to take action if there is dereliction of duty on the part of any employees
47 As a matter of historical practice as well the Executive Council is
the supreme authority which is empowered to take decisions as
the chief executive body of the school The same is evidenced
from
a The decision of the First Executive Council meeting dated
29081987 - 30081987 wherein the mode of admission
is decided (produced above as Annexure R 1) and
b The decision at the Executive Council meetings dated
27012007 and 13052007 regarding admission through a
common entrance test (produced above as Annexure-R-13
and Annexure R-14 respectively)
2S 48 It is therefore indisputable that the determination of the method
of admission to NLSIU vests under the statute with the
Executive Council
49 The related contention that the Executive Council cannot decide
on the mode of admission without reference to the Academic
Council is misconceived The said contention is asserted on the
basis of conditionality imposed by the Second Proviso to Section
13 of the NLSI Act requiring that the Executive Council seek the
concurrence of the Academic Council before making amending
or repealing any regulations regarding the mode of enrolment or
admission of students As is clear from a plain reading of the said
provision the requirement for prior concurrence arises when the
Executive Council exercises its power to make regulations
50 In the present case there are no extant regulations in place
regarding or in respect of admissions into NLSIU
51 It is well-settled as per the law laid down by this Honble Court in
PTC India vs Central Electricity Regulation Commission (2010) 4
SCC 603 that the executive or administrative power vested in a
body under statute can be exercised independently of and
without recourse to subordinate legislative power vested in it
under the same statute In the present case the Executive
Council has exercised its executive or administrative power
which is not conditioned in any manner
52 The other contention sought to be urged in this regard that the
Vice-Chancellors decisions to hold NlAT 2020 do not fall within
the scope of are not authorized by the aforesaid decision of the
Executive Council dated 1218092020is also misconceived In
the first instance the said contention is wholly false for reasons
stated in the Counter-Affidavit of the Respondent No2 (the Vice-
Chancellor of the Respondent NO1-University) and the same is
fully reiterated herein In any event the said contention is also
untenable in law in view of Regulation 12 (re the Executive
Councils powers of delegation to the Vice-Chancellor)
Regulation 18(2) (re the Vice-Chancellors powers co-extensive
to the Executive Council) and Regulation 18(5) (re the
emergency powers of the Vice-Chancellor)
Re NLSIUs Power and Right to Conduct an Alternative Admissions Test to CLA T 2020 is not Constrained bv Orders of the Honble Courts
2~ 53 NLSIU adopted CLAT for purposes of admissions on a voluntary
basis
54 It is denied that there are any judicial directions to the NLUs to
hold CLA T In fact the Rajasthan High Court in respect of a
prayer for directions to NLU Delhi to admit students through
CLAT refused to do so in the case of Law Prep Tutorials Pvt
Ltd v Union of India DB Civil WP(PIL) No 754 of 2017 by
holding as follows
So far joining or not of a particular University in the Common Law Admission Test is concerned as at present we are unable to find any specific legal requirement where for any particular University may be directed to join the Common Law Admission Test by the Court Further the issues as to how the admission process and the examination process is to be conducted are required to be left for the decision and execution by the organising University Therefore as regards prayers Nos 4 and 5 we are not persuaded to entertain this petition
[Emphasis supplied]
55 The convenor of CLAT at that time viz Gujarat National Law
University was a party to the above case Therefore the
Consortium now cannot contend that CLAT is a mandatory
requirement for NLUs which contention is squarely contrary to
the aforesaid finding
56 In fact the Petitioners themselves do not rely upon any directions
of the Honble Courts in relation to establishment of CLAT or
adoption of the same The reference made to the Preamble of the
Consortiums Memorandum of Association in this behalf is
misconceived The language therein clearly depicts that this
Honble Court directed the Ministry of Human Resource
Development to convene a meeting amongst NLUs and the NLUs
then proceeded to consider the matter and resolved voluntarily
to conduct the CLAT exam The relevant recitals in this regard
as extracted below
AND WHEREAS on the direction issued by the Honble Supreme Court in Varun Bhagat v Union of India [WP NO68 of 2006 decided on 23112007] and due deliberations made by the University Grants Commission Ministry of Human Resource Development Government of India and the Council with the first seven NLUs the idea to conduct a combined test for all the thenshyexisting NLUs was conceptualized
AND WHEREAS seven existing NLUs in the year 2008 signed the Memorandum of Understanding dated November 23 2007 [the MoU] to hold a combined admission test to be organised by an NLU on rotation basis in the order of seniority
57 There are no Orders whatsoever in any of the proceedings
before this Honble Court requiring that CLAT be implemented It
is reiterated that the Petitioners themselves have neither referred
to nor produced any such Orders
58 The fact that the decision to stop implementation of the exam by
each participant-NLU on a rotational basis the establishment of
the permanent consortium and the inclusion of new universities
did not require any approval from this Honble Court also belies
the contention that the requirement to conduct CLAT arises from
Orders of this Honble Court
59 Further the fact that directions for modification of the process are
sought in Shamnad Basheers case have been entertained
without requiring the Petitioner therein to file a Review Petition
also establishes the said fact
Re Bye-Laws of Consortium
60 The contention that NLSIU is bound to admit students only
through CLAT in terms of the Bye-Laws of the Consortium and
specifically Bye-Law 1533 is entirely baseless for the following
reasons
c The Bye-Laws are a subordinate charter document binding
on the members The same cannot detract from or inhibit
the plenary statutory power conferred on the Executive
Council by the NLSI Act
d In any event Bye-Law 1533 relied upon by the
Petitioners does not have the effect as claimed by them
The said Bye-Law merely requires members in order to
eligible for membership to the society to adopt CLAT as a
mode of admission When read keeping in mind its object
and purpose the said Bye-Law cannot be construed to
require any member of the Consortium to admit students
only through CLAT even if the CLAT is not held ie the
Bye-Laws can never require a member to not admit
students at aiL
e In fact the Consortium itself has not understood or
implemented the Bye-Laws in this manner as is apparent
from the fact that all the NLUs are admitting students into
various programmes carried out by them (other than BA
LLB and LLM programmes) throughout without reference
to CLAT Therefore it is clear that all admissions to the
3National Law Universities are not on the basis of the CLAT
exam Therefore the contention that Clause 1533 of the
Bye-Laws compulsorily requires admissions to be based on
the CLAT is untenable and without basis
f Even assuming without admitting that the Bye-Laws have
the contended effect the same can only be actionable at
the instance of the society or any other members
Re NLAT Process
61 NLSIU as demonstrated above has the right to conduct its own
admission process in terms of its own statute In exercising this
right NLSIU has taken immense efforts and steps to ensure that
the test is lawful and also fair and reasonable
62 In the first instance the NLAT 2020 meets the triple test ie it
must be fair transparent and non-exploitative The NLAT 2020 is
fair insofar as it ensures an examination process that is
intellectually rigorous and meets the standards of integrity in order
to suitably judge the merit of ali candidates The selection of
candidates is based solely on their scores in the entrance exam
It has also been designed and implemented in a transparent
3) manner The examination is transparent as details thereof as
also the reasons therefore have been set out in detail through the
impugned notification NLAT 2020 is also implemented in a non-
exploitative manner by limiting the application fee for the test to
just RS150- for general candidates and Rs125- for SC and ST
candidates in order to ensure that students are not put to financial
burden due to the NLAT Further since the exam is an online
home-based examination students do not need to physically go
to an additional test centre
63 Apart from the same the authorities have also taken various
measures to ensure (a) accessibility and (b) prevent malpractices
These include
g NLSIU significantly relaxed the technological requirements
for candidates allowing them to take the examination with
minimal internet speeds and using a wide variety of
devices including Android smart phones and tablets
NLSIU also made available as many as 33 physical test
centres across the country in order to provide access to
students lacking the necessary infrastructure to appear for
~3 NLAT 2020 from home NLSIU further ensured that
necessary health and safety protocols were rigorously
adhered to at the said physical centres
h With a view to prevent malpractices NLAT 2020 is making
use of a combination of AI-based and human proctoring
Additionally the test structure has been designed in a
manner that minimises the possibility of candidate
malpractices This includes candidates not being able to
revisit a question that they have already viewed and moved
past and the randomisation of the sequence in which
questions are displayed to candidates Furthermore the
questions for the NLA T 2020 have been drafted in a
manner that requires interpretative answers which
minimises the utility of referring to the internet or other
sources for answers Since the examination is an online
examination all relevant data (including webcam recording
sound recording keystroke information data relevant for
facial detection window switches etcetera)necessary to
detect malpractices are stored and available with NLSIU
The said data will be critically reviewed and analysed prior
to completion of the admissions process Therefore even if
any malpractice has occurred the same will not and
cannot result in a student gaining admission to NLSIU
through unfair means The Proctoring Protocol established
by NLSIU to effectively detect candidate malpractice is
annexed herewith as ANNEXURE-R-117 (Page NO
64 Pursuant to the aforesaid efforts made by NLSIU to ensure
admissions to its programmes and avoid a Zero Year and
pursuant to the Orders of this Honble Court permitting NLSIU on
11092020 to conduct NLA T 2020 a total of 23225 UG
candidates and 2846 PG candidates appeared for the
examination on 120920200f this number a total of 122 PWD
candidates appeared for NLAT 2020 True Copy of the press
release issued by NLSIU on 12092020 depicting the said facts is
annexed herewith as ANNEXURE-R-118 (Page NOD4-)
65 In order to address any concerns that may arise amongst
candidates who have taken the exam NLSIU has also
established a three-stage comprehensive redressal mechanism
comprised of
i Technical Review Committee This Committee is
constituted to consider queries raised by candidates
regarding any technical difficulties in the NLAT 2020which
could be raised online within the web portal itself The
Technical Review Committee consists of Dr Sony
Pellissery Dr Kaushik Babu and Ms Apoorva Gupta
j Objections Committee This Committee is set up to
consider objections submitted by candidates in response to
the Answer Key for NLAT 2020 The Universitys
Objections Committee comprises Prof (Dr) Sarasu Esther
Thomas Prof (Dr) Mrinal Satish Prof (Dr) Arul Mani and
Assistant Prof (Dr) Bipin Sony The Objections Committee
will release the Final Answer Key on 14th September 2020
k Grievance Committee This Committee is constituted to
address any grievance raised by candidates who appeared
for NLAT 2020 following the announcement of results It
comprises Honble Justice Nag Mohan Oas Prof Babu
Mathew and Prof (Dr) Sarasu Esther Thomas
66 A small number of candidates made submissions to the Technical
Review Committee that they had faced technical difficulties during
the exam In order to eliminate any apprehensions of these
candidates that technical issues would affect their outcome
NLSIU has offered them an additional slot on 14092020 to take
the examination subject to stringent conditions to ensure integrity
of the examination All measures to avoid malpractice are
implemented in respect of this additional slot as well
67 The fate of these students is now entirely dependent on the
admissions processes being completed as per the aforesaid
schedule and commencement of the academic year on
18092020 Unless the same is done NLSIU will be constrained
to declare a Zero Year Consequently not only will 120 students
lose the opportunity to join their studies at NLSIU (or at the very
least lose one year in order to apply again next year) but the
same will also impact admissions in all other NLUs since - as the
first preference law school for most - the Zero Year at NLSIU will
have a cascading effect on all admissions to all NLUs
68 Hence there is no legal or equitable bar to conducting the NLAT
2020
69 It is submitted in this context that NLSIUs inability to complete
admissions will irretrievably damage the University and result in
significant impact on not only its finances but also the public
perception of the university Moreover the same will have a
cascading effect on the effectiveness of NLSIUs academic
programme and result in loss of an entire batch of graduating
lawyers in five years time All of these adverse consequences
will impact NLSIUs standing in the legal education sector
70 Hence it would be in the interests of justice and equity that
NLSIU be permitted to release the examination results of NLAT
2020 and complete its admissions so as to commence the
academic programme in a timely manner and as per its revised
academic calendar
It is therefore submitted that the present Writ Petition may be
dismissed with exemplary costs
I
DEfi~tifiNtTi~ VERIFICATION
p~) 8atl N-lti 20t 14301 Verified at Bengaluru on this 14- th day of September 202~th~fthe
contents of above counter affidavit are true and correct to my knowledge
and belief based on records maintained by Respondent No1 in the usual
course and nothing material has been concealed therein
Icti )n Tacn 6 AN-e)(~~ ampcent
Th Council noted the QrcDos~l to hmiddotve thE Fmiddotc-jernic ltct ivi ties frorrshy th comincly~r
1 Heiular coursplusmns it ttc undergr~dll2~tc n( post qrdu~te lC-vels l~dinc to decrrccdiplom2
followinq Ph0 )~clt-nif_rh-~-ti~-~s
b- i rc the an~~ vlhr11 (-
~1 tTl- shy
2 ~ fz-fr0-lhr C011rs-s
)~~ c s clt) rtC 1 -fJd lt0
~ p~~middotsmiddotmiddotr(J lcejccts on diilt~~-cnt it~JCS ~)y C)trncit3J instituLiorL~ (He Jtshy -----qf)C--l s
1 Duhlic2tian Df 10q~1 tExt c~s ]2 i13 ~ L~) _(~ETlal
b()o~s 2nd m~t~ri8J3 jshy
C
1( y(t teshy be tltmiddotlul1 ((1 by tt1~
bz-~ ~Ub1i-dt-t--ct 1 t tLc r)-iC~tivc
(1 s Coune 11
h 1-~ Et rroicsosl of the c(c~dfmj c Counci 1 to 3-21vt the --Ict~)r cf tLc stud~nts dor thrcuclh 2n 11 i adndssi-J t ~t -0-1 if~t rimiddot-t -5 argt~coVid~ Ill to ~dmi--si~n T ft lt~~ t~middot s-J fctiun my t d-cidcmiddotd by t1)c 7c~thrric C8UTci -gt - i -~ltiltc by th~middot Igtir cto[ ~ Hgtw0V(r~( th ExecutivL CcrtJncil
~ j -rgtJ~--il th- nc~)Dnlrdftlon of th c-c3~~m CcunciJ to p Qneuro ~Y ~~co~~ clss tr3in f~r2 to the 5tcdents call~d for the i n ~~ tv i i ~
l~cti~l hdll be th~1 (~cC is j n Cunci]
takn (s p~c
tbr SXG (u t i v~middot
ttlC cxpcrts ob j ect i JC
thmiddot- CCCfU st l-cfessor i3axi
(cr tJ~=- tTFltty of filisino tJ1(~ 1i_st W$ l~~ft to thc rc-r~--it lt ---~()un~il -gtn~ tr2lt ~j r-ctcr~ rb SouDcil not0d tb~--- f03-mt of 1lrpissicp gt1 pcovidoc t~B~H~~~istre And Cf) Dvrivlt~di of E~~- s tinl-t) lJnivccsity middot13 trc in~t~nCl of Professor L- 8lt=1)()
(J)
p~-nncnt 8cmiddot~ordinqJ y (f ~~ 2 f ano ~ 1 ~--t ~ ~_
F)utr0riS2d t(0 DIJTctoy to gtJrit( ~--~n~irjJ tb~-
or cr-j r cGrtrjb~tt on 0r cxpcnslts invGI vLd in ocqgtnisinq c~h t0St tnd intevicTl
nmiddot tc)u11cil porovmiddotd d t middotlllotmDt of 0D ~n~ount not )(_lt0inc rl~ 1~O)CltgtOO Ih Council tllI~U-_~ d~-ci t~t th~~
2~11i[~lon to th~ Is y~r LLS C2S~ b2 limited to 80 slu~~nts - n 4J[ Ll ~~7 ~J~~r thmiddot (-r3Fis~ion b ] imid tc l(i stud1tSb The -p- 1ic3tj()r f~( for ~drission test ~nd intrvi---d r0Y b~ fixed -1 12-~OO for LL~ ~~I thoc-n it Ty bE- CJhlCSC La fs SO- ir t1~middot c~s~ ~f sc~~ C~n~i~~t~s~
It middotr- -~ r_-j Limiddotj middott b i r~q rS iqc~t i~l jni 1 s i tyf the lt )O~ v11J --v~ c__ ~rrnc ~ ccc~r---oqti(jn f)r th~ cut st~li()n Bt(1(J1~
~ 1 c_ a [0- Adrnissiona The Executive Council wAntc~ tn2 ist~r
tmiddotmiddot c-)n Lor tyenit~ tYk (Jv-~nrrnt 5 (11 cS th~ oth~r ~hlcmiddot~ti()n21
In3tit~ut]~)j)S in tl-k City itcludino thmiddot Universit1 laquobout tts ivlil ~bility otmiddot tl hos~(] gtcccTirDodtlon for th~ - [cw Schrol students ( 6( i-1D1 2n ~tllmiddotlp ) hrJ~rQpri~dE propos2- in is r~q--gtld ITfIyor
b put Ul di t1i tr-middot ] of t~-~ lCrld-~lic Council in the next rnz-~~~tinG T)- ~chc)CJl CBTl _~ls() cODsicfr tIl tt=rn of Ii pqrcv~-d h-usinq eS 2xisting in Sngli linivrsiti~s till sue] tirJ th c~cl)()l c-~n sst --rp ios O1r1 hostels
ubI ICilt ion
~l~~ ~~z-cutiv_ Courcil appr0ci-3ts-c the 2sturc of th~ 30r C0uncil of 1rri1 TrusL- to 9ubJish th2 prE~-lCiv bO)KS under the joint Fu$~)ic~~s of th~ =crvol qrO tbe lrust It v2nted the Irust t) cOYsicic- 1-h7 fCC~13ibilily of publishing I~DI IllR REVLSl also jointly witmiddot~ th~ L2W Sc~~al
E1f-rts 2)-~ bCin-l rrd(- t) SCCllC_
priv~t buil-linqs fi l~t)_ f~r
bing use as h~st Is A s2p~ratE nt8 has teen this b2fn~2 th2 bx~cutive Craquouncil
icti)n ltJi11 b( taken cfte th Fecultl middot3SSlUnes chlttrgc~
~
HHIONA1 11 SCEOOL OF INDIA AMJ(URpound ~21BfJWALORE
MLlutes of the Moeting of the AOpoundlcenio Councjl of the N ional 1(lI[ School of India held at tho office of the Bar Counoil of Ina New Delhi on 12th Doccnoor 1987 at 10-00 Mil
Tho folloWL-1g nenbero were pres SJnt --
1 Shri VC iVIishra 2 Dr S K Bhatnag~ 3 Dr NR Madhvt Monon
Dr K PonnUSWQl1Y1 Deln Faculty of Lnw Delhi 1Jnivors ity
ltt eo the CGGt ing1S S pee Invitee
Dr H R )~8i1hlt)va Menon presideo over tbo iYg
Dr Menon welCOfled the DeDbers of the newly c A l1stituted
Ac e71ic Council aYlO acqunint13d then with tne a~cisiorls Jf
tLe carlier neGtings of the Acadenic Council prior to tbe
estclblisroent of tl1e Sohool under the Act After cotliled
d1souslJions on th baeis cmiddotf the Agenda notes ciroulted e8rliel
the following decisions were t1ldeshy
1 COurses of Stuoy ~~ ~ -shy ~~-------shy
1ts ionnl
COUlSOS of Study lellc1ing tl the following degrcesshy
(lJ) 1m integrnted 5-ycar LLB (Hons) L11 viev of fC1 t118t q gret dell of Soc111 Snce knowlerge vrill be inrrtcd curing tbe 5-yrhr c)trrI3C 1118 Acad eni c CDUYl oil rcc~-)nentied tl1 -ct ~ conpos)(d~-shydegree of BA (me LLB H0ns be cQrferr(l t) the students joiniLg the Nqtimll Lw Solle)l of Inilin
(b) An LLM oogrGe which shall 0xt0tc1 -( )~)C yerr (3- lrincstns)
(c) Ln M Phil (1grae of Que yecr (3~dn0sters) durfti--n c~nstitllting of t8ohing ~nd resc8rcll
(a) 1m LLD progr12ne b(]sed n writtlt5n tlesls fterrJ Phil
Bes os the above cGgroG courseo tho AcCdedc Oouncil
reco---ampnds thmiddott 11 series )f CcntiYLuing Eauc~~i n POt1lS(S Cln
sl)rt aurticl be offerGi by the Nti0n1 Lw Scbmiddot]ofIneia
to levr tGcac~8rs ju(~iot1 Dffioers t aoninistr f)X3 Pltr~
contd 2
2
II BA LLB (Hems) Progr(lme-- -~- -shy
rhe j~cBdcGic COUTIcil rocsrinonos th~t TIl t
ysr only 50 students bo 1(lTdtted t~ the LL3
Irhey r1ny be 8818 ctea ~
purely cn cerit on the b2sis ~f n ~( 8f~ i0n test cncucted at fQur difforent TO (1uring My- 1988 Tho nininlJr eligibility liDS iJn t) S be fbcd t 50 Trks lL 10 + 2 Sc1~oDl 8X2nintiC I tho Pre-University Progrrne progrlrro be trol1ted cs equivlent t 10 + 2 S ooo oxampt Those students Whfi 1rcd f8r the quelify ing exmin 1t Len in 1982 bo leo lloweo to t ke the MirisGim 01 Cl provision~l b~siB ~d they n~v be 018 ii while preprL1 g the rmiddotjerit List provmiddot1Ced middot~V8 psseC t~ie Sqid eX811in~ti8n with 50u t11rkS 6 llC1ts8icn Test be h~seil on en objeotivo typo fluesmiddotlims 1116
fthe tost n~v be fox Hurtirrn of 0 ~~Xmiddot thrn 2 hours middotr11G test crln tnclu~() [ini rw~ bel of qUGstiCTls 7~middotlicb rO(lutres viritten 2J1GlJDrE t J(lniss i)ll t8 the L~~Vl SchoCl bb bnsc(l ~n1y on t~) b +li) ~)f tl-c yritton Aanissian Test
15 of the sets be roserVGc1 pound1 1 (0 ~1 ClfJtcs 1nd 7i- Schedulefl Tribes eVC1 for tl16 reserved Seqt8~ tLe reU1LUd i1nrks ot thc qll)lifying exmination ~Gd upor
er to be eligible for t1-u c2naid-te lilvC sccured 50 DtrkS 3 i11 tes t
tlpplic-blc ven f0r rODDYV 3 s ~ -ts ~
T~~e JC1nis3ion Test 1~Y be 11811 I6gj 8TIf1
8118 it is rec)~rQcc16C b- lccld
I nr nn~ TIn AP n ~ ~t Bng8 t lJYL~J r JL ~)
~ m I n er t 0 olt-nlse AlmiddotZllS810n icsmiddotun pror)-lo tl~e qUGsti8n pSpors frtrlurto tho Gr~~~G ren(1 f inJ1ise
sien List an i~dnission C 0 C)US1OGshyr the Director 0n trec tS8Cgt 1f tlt L_w be C0Dstitutcc by t-~G ecmiddott~)r
ccn1 td __ ~ 3
It is proposed thlt the last dte for reoeipt of lpplic8tions be fixed for 2nd My 1988 1-8 Ldnission Test noy be orgcmised on 29th May 1988 ndtho Selection List Jllnounced by 15th June 1988 Phe dDissim Day be 0)[1p1eted by 25th June [ltnO the cllsses be oODnenoed fron 1st July 1988
A suitable snount IJjly be fixed for the ppliotion forn 2nd the Adnis sion Test Fee
(b) AOlldenic Terns
Ecb Acadenio year be divided into 3 1Ogt1(Iio terns e 2Cb with a uininun of 70 working days -fis 8cadenic tern be called a Triuester Thus the 5-y8fr BA LLB (Hons) Pr ogrmne will hve 15 TrilGsters It is suggested thAt the J~caoenic year nay bgin frclTl 1st July and the caderlic ter12S uay aoopt tho folloWLl1r Patternshy
i) FIRST TRIMESTER - July 1st to Septemiddotbor 30 ii) SECOND TRIMESTER --- October 15 to JAllury15
iii) THIRD TRIMESTER _Jnuary 30 to April 30 (c) Oourses and their distribution
Eaoh Trinester nay carry not nore thM 4 courses with a totp~ of 12 credits distributed Ro00tdine to the inpOrtance and coverlge of the courses Jhe subjects courses fer study for the 15 Trinesters be 2S follows
~_~T TRIME3J1ER (FIRST YEAR)
11 Leg~l Professicn in Indian Society 3 or 12 Legal Method and M~terialS 2 cr 13 Law 8l1d Politicl Orgqnization 3 cr 14 LaW and MJrket Econoy 4 cr
SECOND TRIMESTER ---~----~--~-~ 25 Law in Historicl1 Developnent 3 cr 26 Responsibility for Injurious Conduct 3 cr 27 Lqw end Socil Orgemizotion 3 cr 28 Law c~d Agricultural Deve10pnent 3 cr
THIRD THIMESTER ---~---~--
31 L2W 8nd Intcrl2tion1 Relations 3 or 32 Law ~inorities mil Vc8ker scctiolS of
Society 3 cr 33 Civil amp Crininal Procedure-I (Oourt Systen) 4 cr 34 Eldctive Clinical ProgramplJJe 2 cr
C~)l ~d 4
--bullbull
4
9P~1 )2E1llEsect lER ( (13~f~~X~lE__ ~~l~~E~)_ 4 1 Hunn Rights Soci31 Jus-nice nno LSVi 4amp 2 Low 2nd S oci_~ Oontrol - CriLle and
PUllisl1DDnt 43 Civil41d Crininal ProceDure II 44Elective Clinicl Prog1flne
rUTH THIMw~ER----shy --~-- ~--~
51 Cririnal Lw~ Clini1Dlogy amp SDcb DLmse 52 LV nri 1~_ 1lJLy TI81st i0nJ3 1 53 Lqw Plnn jng 8 Ec~rnDnic DevelJcent 54 Contractu1 Rel(]tiirs an(1 RoneHes
(Spec ifjc Reliefs)
SIXTH rR IMES TER -~-----
6 1 N~n--Cririnq_l InjuriDus C~-nnuct ~ni of Torts
62 L8W (lud PYlily Reltims II 63 Law rmd Il1lustril Dcvelopnent 64 IUective Clinic Progr~nne
SEVENTN lE Ir1ES lER -~ ----~- -lt~~ -~-~--
71 L-w nnn Urb~1i1 Devel-prtEHrt 72 Politic Proc()ss il1il Cm$titutiDn~l
Devclopnent 73 Cns tit ut ionCll L_I 74 ~id8nco LAW
EICin TIi IRSScIER-~- ~----~ pl C0 np-YlY Lgw nnc1 Lrw 0f CO-ClpGrDtivos 8~2 PO0Tty LlW 83 Constituti~)nl 18W amp Litig1tiorl 84 Elective Clinic~l Pr~grgtire
r I~tTLtR]l~~ER 91 LwJ c)f Ins ur n es 92 TAx0tjDll L1w ~nd Public fiJ1rrnC C 93 In -1 Grn ~~t j n1 oer 80 e Law 94 Elective Clinic~l ProgrBLr1B
TENTH TRDillSrER (FourtL yer betdnilL ------~ - ----gt-- -~ 101 Leg~l Theory 102 Lmiddotbour LtJw 103 Mrinistr~tive Lw 104 ElectiVEl Olinicgt 1 Progrlrll1e
4 cr
3 eT ~ 3 eI 2 1
3 er 3 cr 3 cr
3 cr
3 cr
3 er gt1 cr 2 or
3 cr
CT 4 cr 3middot ex If
0 ~~
3 cr 1 Cr
c ) cr
3 cr Ac cr ~ cr 2
cr
4 cr 3 CT
cr 2 cr~
CUEto ~5
5 cr11~1 h -z cr~11~ Int~llectumiddotl
J13 lril1nl-I )1 Int rr ~ t t i1
4 CT 2 cr
l2 1 In t BI i l~ 3 cc
3 cr 12 ~3 L[JVI -nd Public C 3 cr 12( Electiyes 2 cr
13 1 Ct)r-JP1TQtivo LnN 2 eX 132 Itltlw PQverty rtlG S )c if~l Ch~ngc 3 cr~ 13 3 Lrm0 R0fcrn Liws nn0 liurnl DVG l~Yp iJrli 4 cr 134 Sctdnlir-Eloetives (to be lnnDUl1C()[1) 3 cr
~fJj1t~~~]~~ li l Public Intlt~rntrtiL~nnl Itlw-Int2TxL1L jA J
OrGn or~
112 ctiVi (jlurse 3 cr bull bull3 i1tjtiltn -f (lus ~iCi3-jt~te amp UyltLon 3 cr
l~~ ))rin -CiVeG (to he r1poundJrtiunc j 3 cr
cr bull 15~2 ~))cil bGUTity ~1rj t1~c Lq7JD cr 15~3 1rlrinstrdt)l~ II Jurrcice C ~Lre -]
til) I1IX Ili r1l ~i0 3 cr ~154 ~orlin~3 - c)iv(1S (t~) h( 11 3 cr
( middotb)V~ Bistx ibutin1 subjectB 18 t ~ii ~ middot~jYD +
Dllril1B tIl ~~r c-f cursc =-) dujc-cr be rG~rn RubstitOt0d ~r rCViL~ 1 ~lmiddot(i--middotr tD c~plctGly profJ8si~rt11 rvo i-l1 ~ Tl~l
LGndIt 10Vi utoD pnJ3S QU ~ iC)1
I 6
rhe DsdiuD 0f instruction 8l1d exaniY13tion in the lrl8h81 Law SchoDl sll111 be English ctlecst unt i1 C nctjonl lmglryeis ad opted for Rdiinistration of justice in t Scrprcne Collrt
(e) Ellpound~~tljty fDr cL~sectE~G fJ10 0x8r1tnatiDl1 sydoI1
In order tl be eligible for the dcnpostiiicc[CCC of RI LL8 (Hons) C~ch student win h~ve to t~kC C(lllXses fsX lt1 grrmd tot ~1 of 180 erea its in ) ye etXa bull
The norn)l p~ttGrn cd GX1ninntion will be ~ 1xittJTl test t the end of onc11 Trinester However in middot)middotmiddotl)ollri)le cases Intern(~di8Ge exnrJlltltion nne continuii1~ eV11utiCTl cy be ptilS cribed in different CSllrses
The exaninntion process will be entirely int Inl to bo dono by the totchors giving tho CGurSGs If sttvlcntc_
is dis-s1tisfied with the grfl(10 warded tw l bo ~11ow0fi to withdraw it in writing within 10 dWS thC11uounce-shyDG1Yt of the rosult He c~m inproVG it in t~c noxt cxninl~ tiorl ccorcing to tho rules prescriber] thcnt))
There shnll not be ~v eX8nin[til foe colloctomiddot- fr0- the stuc10xrts DClr there will be nn exaTiinaticm rcbuJJcrItirm given to the telchors
111oro shall bo an Exninutin C8Ul1ttee C0UEtjI1td by the Dircctlr for Bch ye~r with not loss th-n f t~r1ors of the NL3 by rot1tion Every tC 0 chol wj n JvLk tmiddot thG EXfninrjti~n COllJ1ittGO rt the bC[innil1g )1 Gcgt tr 1 nesteX tho Dutlme of the course ho is t0901-inr Tl1if1middot() plrm 110 j8
9~uimiddot ~1~ ev~I~t nn smiddot~avmiddot tJ c oLlrn
outline as well 18 thli 8vlurti)n scteDc will JI) )110 Rv8t18ble t) tl1C students st the bcgLl1nlng ~f t Prif1GstoT itsulf Cor1plnints regllIdingthe eV(ll11n-Gion [111 he sont ~() the EXfC11mntion CO[]littoG wllich will n~ko JuH~l() rliCClr1iJOnBtions on it withjn 1 fntnjght to t~) J)jrcctJr whose d(~cis ion there)n shql1 be finJl~ The )iX(ctD1 lOW()VOl-
wtl1 roport to the AC1dcrJjc Council Meottnc rcorrJ qf flU(h conp1nintg qno tict icn -Clken t~GreDn
~~ t 4n a Lvfl~r -1 U(ltVA-lJ Aiv uu OJ v p~rf~rr1 bull 1 Jl ~ middot1 I t ~ti
The evall1at bn systcn in tho N1S senll bet nm(h gTrc10S
in a Seven-point scole which will be IS f0110W~~-~
bull bullbull bull bullbull bull bullbull bull bull bull
(4~(ii
( iii) (iV~(v
(vi) (vii)
(f)
( )
7
outstanding (0) 70 und ~OVG A + bull bullbull bull bullbull 65 to 7 I A bull bullbull bull bullbull 60 to 65 B+ bull bullbull bullbullbull 55 to 60 B bull bullbull bull bullbull 50 to 55 C+ 40 to 50 c Below 4(~
~
In order to be declered successful in my course a student will h~ve to secure ~ny of the-ffr~t fiveshygrades Above given Those who re p1r-ced in C+ no C c1tegories will be accued to h1ve if-liled in eu oourses
Pronotion Rules
ProDotion iron 1st Tirlester to second Iriafster rome fra 2nd Trinester to third Trirlester will bG utotio irrespective of the rsults in the vnriou8 lxnoml1tion However pror1otions to the Fourth Tritlester 81111 be only to those who h~ve suooessfully aloorod rctlelst ten out of the 12 Cl)urses in the earlier three Trirlesters If a student has fdled in three or nore courses in the first three Trinesters tAken together he slnll be aaimed to have disqualified tQcontinue lS q stunent of the NIB In t1e case of those who cleared ten courltes out of the twelve they lJlY ltlpear in the renaining two oourses AS
Ex-students while continuing as ~ regu13r student in the seoond yeer
Sirilarly student DBY be autooatiolly proDoted frcrl the fourth to the 5th mn 5th to 6th doritlg tho second yenr His proDotion to the third year 1 e to tH 7th Trinester shlttll be only if hl sucoessfully olellrs a llinLlUn of 20 COlrses
The sane Patterns will be followed for pronotion fron the second year to the third year lnd fro tlirCi ye-r to the fourth year ffilO iron fourth yOll to the fifth year
N~ stUdent will be 1l11owed to avoid tlking ~nY eXlrdnashytlon on the conpletion of the courses excepting for reascnable cause for which prior perniss ion Dhou1d be secured fron the Dire~t or Further no S Gu(cmt will be eligible to take qn exanintion in 11 iltivcn course un1ess be has to th0 SAtisfaction of the teolnr cmcerned fulfilled the courSe reouirenents mrl hns sGcureo not less th pn 70 8ttend 9nce in the class in Sid CD tJrs e bull
cnntlt1 bullbullbull + 8
8
(g) TaOh 1~n~g Meh~il~ v ~s
The Nationnl Lqw Schecl VDS onplQyod vricrl tu~ch Dt3thods in ord er to pronoteIlLllt 1-4 iq oipltn~rT Cl1nll
~n1-nT qCt JDpreClalJ10n+ Jf 1ens0 B~s- ir~est lea1 prOD let~re~~ t1e ~cnool stall Grlplny SeninnLS tuitC)r ClmLCampL experlences Field work resealo1 (tTld Leg8lwriting Ill Ilppropri~te C~Urs0s cQopltlQt tve te~tctLY)g between teaohers 81 oliI erent S Db ~-C 8tS tr) be enployea to [11xinisG of the learning POt l-tj~_l tf) st udent
Clinic31 LeR_ql Eno(tt1011 r1~Rt f~rn ( Tl3ltgt rr- T~r 8pound p 8ssiual leglt1 eCuc9tin 8t t1G 1-~i2T ~l La SC1ClCl ACBdonic C~)uncil Te G nicnl O1 UC l shy
ti011 the first Cif the LLB 8 DL1e C0c credit nay given to fh2 t]J-tlng S un ts LYl clini courses
(h) Fee Structure
The tuittOXl fe8 fDr the LIB pTDgrrne co yelr nlY be iixeo Rs 1500- which ~oY be cCillsetccl tn 3 equ 21 inst Cllnents 8t the begilli1 ing riccstcr If foe is nct oepositBr1 within a week beg-inn elf the Trirl0Jster it l1qy collector 1qtemiddot fee RG 1- pcr (1 1] till tbe enfl ltIf 20 warkin c ~ys bull () Wgt8 ftleo to P~y iEHS vrjthin the prescri1o~ p2rio rl llte fco tffh)jr TI0T108 11f1Y be struck off f~~lt)~ t118 r~)118 They c nn be X-rv)nittc(1 on J)1ynlnt of rc- jSG ion ~ e Df Rs~ 100- an(l -l lt f1CtOTy r)pD1i ~)f ~TO$reSS ir~D H1Y teRche1 of tlte F~culty
t~J first tel p c SL1r ~~Tlcr Sl- jVLtiES
In 8rcler- to fttr~ct Deitorious stufients frD~1 te s ~ciJ-c~)nonic strJtl nf sc iety it is ~bs )lutlt)lr l1dC8SSry- for the NLS tn ioe AS ol-rships TIC sttpenos coS jJossible It ill bc to 1e 50 of the stu(Jents bS(y enjoy such S Every effort s])uld be e to seclJre S1JO~ OCOll~)Dic
L1dUC~rlents fJl prorlnting sctQ12Iship t tIle 18ss plivilegeo sections of SOci0ty
The 118 stuoents niW be provider Solmiddotn ip8 of the vlue of bull 500- q nonth 10 bull The S cho10lships rlry be lwcorfi ef m the bls report
~ 9
pound Sc~olr81ip CD~~I1ittee t be c~nstitutoz~ the DirGct81 with r~nbi3rs~ip tl1re~3 or )rt tmiddot -chers NIJ~ TttG SchclsrDhip Co~ittGe 11 pound2-8 i-ts cvn rules r-ne procedur0s wticl I11Y bG ~prJv~r1 y tl)8 Direct 01 ~he awnrd be given b~s ic11y on tcnderic ileIit)f c1Ylcliote H~vevert ec)noYic s-tus anc the s~lcil bickgrund of trL8 c~ndid3tes f~ ~-) be thore lnt cJns iCaTIt iens
Besides Sc)-lrsbips in deserving C1SeS eX(mpti0n fron Paycent of tllitinn fee lay Iso be grn-teooll tHl rsshycl~lt)end~tions of the Scilolrship OOle1ittee
(j) StlJdents nosidcmco
Tho ACCtcl r3r1ic Council strongly lccor1nenos t tle Jfutimiddotnnl Law SchODl be kapt purely ~s P J(8idcnti~ll University vvherein 11 the students bo r-uJrec t) s t y LD tle Hnlls 8pound- res io ellce provia r fpploven by the University Of course for suuconts bo1onging to Bmg-lori-i City the University nv ()xonption 1IOT res once in the University HDst cJ1siflcref1 ne8oSSAry Ii the lJ fJtionl Lnw School is unble to prov-ide it3 own hostel f8cilities it1~0dimiddott Jly it ~8y npprove such t-cc)fr801ti0n in th0 city ~A~iic s isfies tho reqllirenltmts 8pound thll resiltiontiql ckrc~or of tle University for purposes of stuDcnts 1 reBi(~ence~
~h~l1gh tr~c ClCC0Cl00ation nayhavo to be subsidised by the Universitv tho bJQrrlLvu ChQrg0s will -V( t~ bo cntirely D-GC by tho stuDentmiddot- ~Jihe bQa~ing c1nrccs DY incluo8 the sal(l~y of ossentbl stgtff Dainilined in thG Hostol by tl UniverJity+
(k) IXOlmU Clf stu r1ents md te~chers ~-~------- -------shyTho ]ITti~nl Law 8011001 ny initirte steps to nrrmge for 2xchnnge stuc-ents liId tS p c1exs witll other reputed Lltfl Schools within I n (l i3 ftnd outs ice FClr purpDse if stu0Gnts ~re inviued t8 ~nother L~m Scl001 0n~ un(lort ~ko courses )cQ()rding tJ their regQl~Girns they nay be given due credit witr tho ourriculllJ1 prescribec nt the [rIB
l18sters vrt th three courses in olt~c TrtDesterbull
nay be selc cted by the ~dniss i011 CHl1it-tee
10
on t1t bosis Df their PDSt QC80enic ltJc8rd pnrticllrly
~t the LLB level The Adoissicn CGr--ritteo C8Y J~S0S8 their
l1ptituce for higher studies -nr r~se~rch in l~uf en1 tl-Je
suitQble reoolrJenc ions for their ~cT1ission C(1~ljssi0n
Gay bo done thr8ugr~ nmiddotn int crvievi bes ides ~BS08G~nt )n
d8cuttentary Dtteri8ls
subject ELrODS of crtst utimiddotnrl lZV1 crif1i-nl J~w irct-)rnltti)n~L
11l 8110 corDerci(11 Inw The tctu-11 subjocts rgtf tl~o CQLl1~3e
in ~ny of these subject ~rE38 DfY 0 decioc r1 nt ~c giCl1jTIe 0301 lGnT ty the Fcculty CiDCGrner1
The conpulsary c)urS8S f0r LLM shll ~S fo 11oyts
TC)oing Llothoos ond Curriculqr 0(veloprcnt
In0i8ll LeGal JhilQSDphy (n~ Conter~110r)TT J ~Jheory
(iii) Constilutinn Writ
(v)
Tile zistributi0Tl of the 12 cDUrSGS i1 TOG
TrJi03tcrs fer bullbullbull 1 fly be
rs fl1owsshy
11 Ee ~cl1ing IllethQ0s and Curiculur~ Dove l~l)middotont 4 cr 1 iI 2 In~ itn Leel ~Plilos ophy ~J1fi C~ntcnJor
I CY[hcory 13 Course OD subject sr09 - optian 4 cr
SECOl~D THIMESTER--------------_-~-~shy4 era21 Ecsecrch TlIetr6~ology ltmil Leg11 writing
22 Constitutionl Lw We HlUlDl Rights Jurispru(1 ence cr
2) Course nn subject oreq - option cr
THIRD TEIIV[ESTEn ~----------- t cr ~Lnw Society emf DevGlopncmt~
4 eX 1shySeT innr Y select tOPlC - opv1on Ii crCDurse on r~ SUbjlt3ct (1971 - optiQn
51 i 11 shy
The eXElDjnat ion p ttnn for LLM will 1leo be the
S8L1G nB suggest for LLB H)wever besides ilt8rnnl
eXlDi1()r for every COl1rse in LLM there sholl be TXl external
8x~lCliner as we il bull The questions however shell be s only
by the intermll eXEnL1er If the difference in vlurtiim
between the i1t ernat exariner auf the external Cx~in()r in fl given COUXS3 is less thtil 207~ then it vi11 be 000tl00 th8t the
aaes assignod by the intornnl exaniner shall bJ iTJ gra0e
tD be assignee to thD candioRte However if t rG is D oiffercnce
nore th2~ 20 between the intrnal md exti3rucJ ll1 given
c)urso it 8rlt-11 be referred to a third exrn1inc~r outsiclo tre
National Law School whose evlultim shl11 be Il~e score to be
assigned to the candidate on thHt subject
Tuition fee for tho LLM progrlrlrJc be fixo(l 01 TIs 1500shy
for tho full course at the b oginn ing elf Cqch Trinestor
nr M Phil Progra3o--------shy
rho M Phil progrrU18 is to bo for one you c)xiending
to 3 rrinGsters It ShBll be exclusively cons istlt)d of research
8110 tolching Every stunent Ilonitted tel the M Phil rrofr~rle
stHII have LLM clegree and will fulfill the te1cing rnc
r8SCQrcJl reguirODonts prosoribed by the FFculty tIle HIS
In order to be eligible for M Phil degree besiaes
c)nrlCt ing the teSlching 4nd research req uirenentJ during the
yoar eV8JI cnndidst0 Dust sUJnit the rlBsert~tion gt11 - t~)pic
~Dpr0ved by tle f8cu1tY Ihe desert~tion Sh~11 be 8tC]ine(1
by two extern8l CXfniYlers suggosted by the foculty n( nppr0ved
by the jcdenic Council The degroe shall be confarod to
such of those cllldidtlt3s who roceivo varible rerts on the
desert ot ion fron beth the eXAniners If there is c ifferenoe
of opinion oo1Clngst then it sb011 be referred to D 31d eX8iner
Ind thG oecisicm of the [Jajority 8h[11 be finnI
con-cl 12
12
For the 1 Phil prcgrne nJ tuitbn bo csllected
HClwever a SU of TIs 1000- be csllectof yvcry ftllint
DJlnittecl t~ the ]1 bull Pbil progrlne townr18 lJc1 ion nd ftilitios
thl School
v
in vvhich it CJY c8nfer )n LL(gtD (jegroc~ lhe 11) 1)
0xc1us ively on ttJ b(lsis of C written thee t J
whJ hel9 M Phil degree fron the National L8W Sccol
Every C8l1dieJatG registGrine f)1 the 1L]) PozrrIJ18 be
required to be Ll residence at the Nstioncl L2W Sc1icJOl fJr
qtlesst ono (lOaOoOic year durLlg vihicb they SIh 1 cng in
S l)ch tCaching nne reseerch t)S SSS ignc(l to tbG1J 11 J DirectDr
If tho Un i versi ty
five
iiifferJnt nrtogorics 8pound t02chcJS~
(c) cift[S )rs
(bi l)ss~ci-to Jrlf~sscrs
(c) Jissist-nt Ij~0fcsZLrs
(f) l(J junct Profess Irs
(0) Ron
All the qbove professors ssocilte pTC)Csorp nt1
Assistsnt prOiOS30rS sh11 be r8gu1lX teocDaXs nf 11 ficl001
oC1wing the revised scnles of py pT)scribCHl by t1 ~Jnjvcrsity
Grnts COiJr~jssiol1 Tho sC11c prascribef by the UC bull -Yl(1
lt1Plroveil by the clenic Cc)IJl1cil fC)r the v1riupound m it ions
810 tS jvon bolow~-
p~ y structurc (f dj~ffcrent ote~gnr ics Df t()ichG)~8 Nt Law S chol of In1l ~ fin ~VijrS ity
13
1 Prcfessors Rs 4500~150~5700-20077300 2 Associate Professors Rs 3700-125-4700-16Q-5300 3 ABott Professors Rs 2200-75-2800-400-4000
4 AssttProfessor(SrSoale)Rs 3000-100-3500-125-5000 5 Adjunct Professor Rs 1000 PM (conso lir~ted)
6 Hony Professor TADA for visits 8ocOr~tng to rules
Besides pay te1chcrs will be entitled to Dqrness allowmlce as prescribefl fron tine to tiw by the Cmtral Governnent me onnroven by the ~xecutive Council Further they arc entitled to Contributory Provi(lent Fund and Gr0tuity blnefits 9Jl 0(c1red noer tho rules If they lrC not proviied with nocol1Liodqtinn teqchers will orqw Hnuse Rent qllownoe 213 preScribe by the Central Govern1ent for E class Cities If acco=odation is proviCled by the School 10 of sillary will be deducted towBroS house rent
Out of the above scales the Selectinn COLl2ittee will hayti the freei 00 to reconnend enh8l1ced salary tn tlose cons idered
olrtstrmdingwho nrc selected for Ilppointnsnt to (t TIB
In the initi-l stages it is rscrnnendod lt (11
apPoixltlJents of tecchers in the ~IB includingthe reulr
teachers be on 0 cAntrBct bQsis for a period extendL~g upto
3 yeajls The iccdenic Council has npproved the tsr-s of
oJ1trwt cont incd in the nodel clntrct enclosed ith these
nL1utes as Appendix
To begin with the Acaocric Council )greos wimiddotth the
earlier deoisions to have five professors five oSfjocinte
Professo2s lnd three Assistcnt professors to be BPIointed
forthwith However these pOSitions n~y he filIon only if
des erving 0 1nd idates are IlVliLlble for appointent
The io(deric Council h8S noted thgt (l(1vJXltt e~ents
for filling these posts have alranoy been given n(1 18rge
nunber of applications fllWe teen received in r(lSpo1S8 to the
ltcvertiserlent In this connectim the Acafle-1ic Cnunoi1
strnngly reooL1Lends thqt so f1r s the pOSitions of profess oxshy
s1 c(gtnccrne0 the Sollct iCon COT1Jittee 1PtY be rC0UGstcc
t) cons ider ouinont lqw teaohers in the OClunt ryr
hlv cpplied in responstl to the qtvertisonent 1nC rocoDime
Hl cl~ perD(gtnS WhOI the NIS Gqy L1vite suitltJole trns this
c)ntd 14
14 54shy
is necessqry in oreer tc enable the NIS to hcrye c CClre
fsculty of eninent aOndeDics to develop the ~c~~vit of
tne school during its infPLCY
111 teachers c11e(1 for interview ncW be pei(l one-
way 1st Clss train fnro fron their p1ltJce of rosiccl1CO to the pleo 0f inter-view It is s ugf~csteij tht if nccGssry the
interview nay be helo at BmgclClre ino Delhi
nininise expond iture enCl will be he Ipful t the c middotmiddotncl ia middotto
~re teachers in v8rious Universities
All regulnr teachers appainte(l L1 the
provided living icco=odticn by the School n cess ry the School Dy t~ke flats on lease fnd provife it t) tbe
teachers fron whon the rent aocording to the Rules by be cOllected
of persons ny Is 0 be incluiled in fncvIty
(8) Adjunot professors
In view the need for teflcl1ing Soc Sci(mce
subjects in the intogrlted Iw cllrriculun it is noces11ry
to hrvG Social Science te3chrs 8ss0ci8teo pitll middot~~O iculty)
Sinoe it ny not be neoeSS1ry t l1lve then 8S
atleast in the ~innLllf the JuJ10elic Oouncil rCCmiddotmiddotGnts crefltj CD
nf four P01t tine Itc1junct prQfCSSClrs in the BubjioC ec~nJlicsy
Sociology Hjstory nn English They nay be flPP[)ill ( fT(r
servine or ret ired teachers of City c~llegBs in 13 1010
They coy provided 8 nonthly honorariu[I cf lis 1000- ~nO
tbeir ClPpoL1ttlGnt be for one yesr renevcble t of the Director A 10CBl Selectim OOlJnittee
by the Director in orOOl t C loleet the Ad junot T-f mS0rs bull
oontfl
55
It is neceSSary for the NIB to Bssochte Sr nc1vooates
md eninent jurists in the teaohing md researoh progx2cDcs
sf the school The Acadenic COllncil tberaiore ncolmends
that a Panel of distinguished lawyers and jurists be invited
to join school as Hon~ professors They nay be invited
for a tern of 3 yeArs dur which they shall sJond stleast
one Llonth d lrring the year in tead1ing pJ)d rcserrclt the
School When they visit the School for teaching nd resenrch
the Hon professors DlY be given the neoessary hospitlity
ana wherover ne cess xy TL 1ccoriiingly
The icadenic Council hls ~greea to t~lo sUB~oJtion of
the Director of inviting the following sigh pltlsms S Han
prOfBSS ors
(1) Shri KK Venugopal
(2) Dr LM Singhvi
un 3h1i Soli J SOXabjee
(4) 3hri Fali S N prin31
(5) Mr Justice PN Bh~gw~ti (6) Mr Justice VR Krishna lyer
(7) Mr RaJethr1alani
-lte) Mil-bull P~ ltJ-UYrftFl~
(c) Research Associates
Tho AcacsLlic Council feels thlt 8tleast fo e yegr
or two the flculty nay have to be given sonc rcs
support for preparation of telching notltsriaLs lud coordinating
the teaching progrnnns 101 this purpose the cric Council
reCJIlGenoS the appoictuent of two Research LS80qi GS who aremiddot
quolified with an LLM degree They nay be seleol 1)y the
Directox and nay be paid a cmso1idlteo sun of Rs 1200shyper nonth for one year
(0) Panel of Experts
The Aoadecic Council recolJr1ends the following 15
nanos to be included in the PAllel af experts I)r b8
contmiddot~l bullbullbull 16
16
invited to the Selectim Connittee for Faculty p0sitiol1S in the NIB
Ponel of Experts f( the Selection 0011nitte08 to be cmstitutec fr Fou1ty seleotion in the Nntionol Lw School----__--__-------- shy1 Dr S K Agraweln Vice Cn1ncellor l~gra Univ)rsimiddot~y lgrn 2 Dr GS Shrna Ex-Deem FlCultyof Lw J~iPllr
3 t Dr (Mrs) licG Jacob Director InAiBn Law I1stitutc1 1r1Jlr2i
4 Dr 1arlt3 Divrom Ex-DeFm Faculty of Llw Chm(~ isrl1
5 Dr Sp Sharna Dean Fqcu1t)r of Lw KCluh-s)otr University
6 Dr S P SRthe PrincipAl ILS LRtV Cjl10go~ une
7 Dr KB Rohtgi Professor of Law Delhi Univcrity
reGen Uni
9 Prof GV Ajjappa Derm F1culty of Llw Krnt-kf University Dharwar
10 Dr Upendra Baxi Professor of LOlW De1hi Unjv0rsi-y
11 Dr SN Shukla Ex-Den FClllty of 111 Lll211obnc 1Jnlversity
12 Dr RK ~i[ishr3 DerI11 F8Clllty of Low Bmcr-e ~jn(11J Universi ty
13 Dr Misheh1l1-Hss~m F8culty of L Aligrh Nuslir University
14 Dr KD G~llr Dean F~culty-yY f( c Ij vfk Y h - 41
(1) Leg~l Services Clilic
services clinic in the NIB forthwith It is eas n~ t8 pive
the nocess~ry support to the clinic81 e(~ucpti)n progrr1rroeuros
of the SchooL A Fgt1Clllty Conittee tiny be cDnstiiutcil by tre
DirGctor for the purpClse which D develop the ll TOS
to be irstituted Bn9 the pBrticip1ti~n of stu(1miu 10 be
decidsd in then In order to orgnise the clinic the
first instrgtncea sun of Rs 10000- DlY be provjelt by the
NIB It is expecteil that the Clinic will lterm s uppcrted
by the St~te Legl Aid BOlrd 9Ud the Centrl LGg~l services
1luthorities
for the orglliz~tiCn nd fuuctL)rJing of the Lug
Clinics
17
(D) Continuing Educat ion Courses
In order to n~ke the best use of the rusources of the
NIB for the coonunitY3nd to nke its progrrulD0s 80eie11y-an~ proiess ionally useful it is suggested that t~10 IrIS nay
engaije in l series of continu ing ed uc it i-n progr~tJos for
different sSllcents of the profess ion including l~w t Gpc1wrs bull
Of course these progr[]ues r1Jy be f k1anced by t10 spcJllsoring
lgene] 1l10 NIB nay provide expertise of its fcuHy no
organizational ssistlnce
In this connection a beginning nay be 1rJ]e by offering
to the Karnatltka Governnent and to the KClrnatqlm liiEh Court
for the training of its officers in the Law And Jll(icictry colrtrlents
(n) Research 1l1d Publicfltions
In order to strengthGn the teqching progJnnes of the NT tmiddot bIt t 10 bull h 1S a so U iltJy necessary 0 uave on gllne rese[ro
projects 011 various aspects of law in develpncnt rhe School
nay seek funds fron Agencies within anCi outside t~c governnent for sllPllort of its research activities
In this connection tho Lcadenic Oouncil welcQnes the oecision to publish books on Econonics Sociolo[y
History Politic~l Science end English for law stu0nts by
the NIB It is desirlble to get thase nat)lials sllit~bly
edited by the Sr Faculty of the NIB and publish i1 the nane of the NITi
Bes iaos the above public9tion the liIB sjoulrl brillg
out an Half-yearly Journal on Conterpor~ry DevolojlrJGnts in d liferent brqnches of law 1~lt rqy be celle( the Nationnl Law Review and it nay be funded by the lHS itself
(0) A Centre for 1foI1cn and nd Law
In view of the incJeasing inportBnce of HunAn stuiell
18
end support be jng offered by the Univers tvli ~ L1 G~t~gt1
CotlTlission anfl the liiinistry Of HULlrm Develoment middott le
NIB should set up a Specip1 Centro for stuCiy issuos jn trw concerning the stntu8 )f wonen 8uithle proj~cts D-1y
be developed by the Faculty nno Jppropriate lSS ist-nce
sought~ fron fUTIr1ing CenC10S A cp-lti i~-~I+~fltvUlYJ v ~~ ftl1++Ov bullbull ~~l
[jay be constituted to look lfter the developnent 0f this
Centre
(p) Institute in COLlpartive Law
The irlJ)rt~oe of c0nr~rrtiVe law studies r
scholArship ClYJC Internrtiolll relatiUs Cilntlt bil rvorshy
enDh~sizec Inview sf the rnle )f our cOl1ntry in re3i)n~1
cooperation -4l)a Internati~)n$11 ldllti0us LYl InstiCUt0 f
Conpar ~tive Lw is nost IlpprOprillte Ll the NL 2is 11
give the neoess-ry legll support to Indias posi- in
SA1RC countris rnd the TIn-81ignc-n rovenents It ~ iv rIS)
org1nise spooi~lis8f studies r0gion~11y OT cotntr~-1fise
In this regard the Acnilenic Council rccocows oi1
lt)ttention to tho study of Sooilist Leg31 Systcn icul~rly
bec~use of the ncnd to (levolop socialist JUT lSlu(lnco in
the present com --xi of Incia
(q) Libx8ry Developncnt
~in Institution like the NatirYll Law ScbCDl ~J1Dul(i
aspire to o(lvelop librnry fciljtios 6ujt1-110 tel c tGr to
its ao0(lio and researoh cgtrritnents Of course ~ wi
tke fl long tine and a suitnble p1n snoulil bo lovcloped
by tho libr1ry stf of the NIB Me luwhile the ITIS sbv16
-nmroaoh the funding I1gencies within the ccuntry ~lY 8utsi~o
for its libI eery icvolopnents
18
The Pore FOUnGRtion iu IndiR nay be nppro8ched to ssist
the librry in securing volllnes of inpelrtnnt fOIcien
legal periodic~ls and to Gnrol subscriptiDn f0I CllrJO1t sues )f thse pllblic8tims
Sinil31ly the GoverUDont It the CentI -1( in the
st ss Day be nPIJroached to give atlease one copy of its
public3tions frse elf ohlrge to the NIB Library iIecnwhile the
0ssential reports and textmiddot Books ny be irL1ed ictely purchnsoil
befor the connencenont elf the Lonaonic yo 1 bull
(p) Institution of loadenic Chairs
It is an excellont idea to ssocite priv1te
philanthrelpic institutes with the rlevelopnent of tfIS Besiiles
seeking su itnb Ie donat ielns the Acanenic Council rC1celrrcnds
that ina ividuOols nnd institutic-us ny be appronched to L1stitute endDvlLients f8r setting up tte AOf)c(mic Cpoundirs in
different brpJ1cf8S cmiddotf law It is estin~ted tht Cllrir
nay need [ill End ownent of lis 10 lskhs t lt) S UPI)Ort J~cofess Oshy
ship qne necessary staff
DmECTOR 12-12-87
SQf1 -
2007
ANEure R-J13 amp1
1inute of the leeting of the Executive Council held on Saturday the 27th Januan
Item 0 2 - Common Entrance Test
It was resolved that
We accepT in principle holding of a Common Admission TesT but we reiterate that the responsibility of conducting the CAT should be with the NLSIU 50 that the same standards can be retained
Item 0 3 - Ratification of faculty appointments
RecLUltmem - ror raritication - VC said that the consent has already been obrained by circular
Regarding 4 additional increments to Mr Sairam Bhat
The committee disapproved the additional increments given to k Sairam Ella as it is not in confonniry with rhe UGC Rules Tile increments given to others is approved
Item 0 t - Ratification of the administrative staff appointments
The Regularisation was not approved since the procedure was not tolloved properly EC 1tll1her felt that there should be proper records maintained in the process At any cost the backdoor entry shall be avoided
It Vias resolved that
The Registrars olliee should prepare a note with the individual candidates derails and a proposal can be made to EC with the relevant information about their service pay confidential records nature dUties educational qualification etc Also whether the candidate is qualified or not With the complete information the note may be placed before rile Executive CounciL Untillhe decision is made the consolidated pay whalever Tiley were getting should b paid If necessary a meeting may be arranged as soon as the infonnaliol1 is ready
Item 0 8 When Prof Hegde raised some objection regard1llg the irregularity in paying the adcitional increments the Committee insisted to make a formal complaint then they will look imo individual cases
The Committee also suggested lO prepare rhe Rules if already Rules ere available and if modific3rioll is required make a formal proposal and place it betore the EC
As regards fuation of pay to Ir Somu C
Tile EC disapproved the appointment letter issued by the Registrar Howeyer considering the plea of the Vice Chancellor the Executie Colll1cil suggested his presem pay of Rs 25675middot may be protected and new appointment letter may be issued with the relLled amount ie Rs 25000 and not 29000middot
Item ~o S - Investments
The Committee was of the opinion that the office should come out with a proposal ghing a clear picture indicating where it ill be invested- hat is the present rate of interestshywhether to invest in public sector or government organizations and not in private institutions etc and which mumal fund you prefer and reasons for the same The proposal with all the above information may be placed before the EC jx its approvaL
Item ~o 6 - enhancement of tuition fee
Approved
Item ~o 7 - Pension payable to Ms Pushpa eeL Dept
It was approyed and informed that the same pension mte can be appUed as it is applied in other cases
Item ~o 9 As re~arcls inIormation to be ginD under R II
It was approved that only the resolmiol1s can be given and not proceedings
Item ~()10 - Revision ofmerlical budget - Beerappas cae
It as agreed to revise the medical budget
Item ~o 11 - Agreed
Registrar informed the Committee that Prof Bebu Mathews lien will come ~o an end by 3132007 The Committee felt that h silouldjoin before lhe date and if not illS lien will nOl be extended
t~XI item - approved
Item ~o - Increments to those who have reached maximum
The COlllmittee recolllmended that a proposal proposal may be placed before the EC based on rhe CGC Rules for graJll of increments for those who have reached the maximum scale Bused on the proposal the EC may gram some stagnation incremem as per Cemfal GOt Rules
Registrar inf()rmed the Commillee that he is nor genillg any separate allovuce for holding Ot1ice ofRegistrar as he is doing both administration work and also teaching
The Comminee was of the opimon that Ie the maner be placed before Ie with a proper proposal - 11l order to finalise graming of a special aEowancc for a Professor whe11 he is appointed as Registrar during the IeIm of OUice of Registrar
Item ~o 27 - ASLEA Conference
When the Registrar inionned the Committee about the receipt ofRs 1900000- from the UTI Bank towards organizing the ASLEA Conference und that the same has not been rellutted to -rLSIC the EC resolved that
whenever such Conferences Seminars conducted with the coordination ofthe -rLSlt a detailed repolt must be prepared showing the amount received by the concerned Departments i sponsorers xpenses incurred what is the income earned by -rLSru from those Conferences Such reports lUust be duly certified by the Registrar and the same should be placed beli)ft the Ee
Finally EC strongly reconlllended the -[inutes of the Meeting shall be circulated tor approval immediately_
Item No P 3
GRH - Some adyance increments would be -let that proposal come separately Some of the - those who hold the shy
Increments only for the Lecmrer and not for the Asst Professor because he bas PhD Mr Sairam Ehat
UGC Rules - AJD - With the modification for
Let there be a proper note circulated
Sairam Ehat - increments to tbose who hold tbe lecmrer post - Registrar denied shy
Make a proposal for amendment of Rules - we may apply the rules
IF you find any rule - please make applications - before Ee if it is fare
AJD - posts are already there - but here is a situation wherein certain people are working since so many years - who were recruited directly - since 1998 - at that time we were not in a position to appoint shy
The Committee should have been constituted by EC - do not violate the mles
Call for application itself is out of question- they should also face the Committee
They ere on consolidated basis shy
VVK-
You can regularize - there should be some record - prepare a note call those employees - back door entry should not be permitted - we are not against them - the power has to
be exercised by the Ee
Who had approved the internal circular - VC admitted - he himself - it would have been discussed in the meeting Let them also know who are the members of the
The Committee took a decision and authorized Justice Mallimath to take a decision about the
VR Reddy ad hocistlJ should not be there some kind of a procedure should be followed - middotou may appoint a complttenr persoll- but procedure should be foHowed
lallinath m accept his OWI1 statement and pay him only Rs 25000- and nor 29000-
It shall not be treated as a precedm-
You may refix it and ensure that it rotal should not be less than what ~le is drawing 110W
ANNPorsR-14shy
S)finutes of the meeting of the Executive Council held on Sunday the 13th -Iav 2007 at 1 000 AJ
Item 0 1 Confirmation of tbe minutes of the previous Executive Council meeting
With thi permission of the Chair certain decisions have taken at the EC meeting a report of rbe action taken should be placed before the neXI EC
Item ~o 1 Search Comminee Chair Professor as LS1C
Resolved to constiTIlte a search committee consisted of the following members for identitymg s1Iimbie persons for the appoimment to hold the position of the Professor of different eilirs at NLSIl The committee shall be entitled to consult distingUIshed persons for the position the searchcol11mittee shaH plaCe the names so selected in the next meeting for (ile tina decision
1 JUSTice vfaIimath 2 Vice Chancellor 3 Shri Patnaik Silri VR Reddy 5 Mr Gopakumaran air Chairman BCI
Tile members of the EC have requested to suggest suitable names Registrar shall be the Ex-officio Secetary to the Committee
Item ~o 1 The EC consrituted a Committee consisting of following members to tinulise tile niles placed before the next EC
L 5111i BS Reddy 2 ShriDesai Chandrashekar Kamataka Bar Council Chairman 3 Prof V agaraj -I Shri BD Hiremarh
Registrar shaH be the Ex ofiicio secretary
Item 03 Common Entrance Test
It was resolved the modify the resolution to the followin1l ctIeer that the VC should take the stand that having r~gard to the pr~emin~nt pOSition ofrhe NLSIU being the pioneer in holding the Test it should play the leading role in conducting the Common Entranccent Test The VC is requested to persuade the other Vice Chancellors in this behalf
Itelll NO5 Resolved that the proposal contemplated by agenda item no 5 shall be finalized within a week and the approval ofrhe EC sought by circ1Ilation
1
Item 0 6 Increase in fees by Rs 140001- over lasT year was approved and confirmed
Item 0 7 Providing information under RTI Act - Based on the issne relatinl to the publication aboUl Law School in Times ofIndia under RTI Act aIld the issue of~hai can be released in the Press under RTI Act was discussed elaborately though no conclusion was arrived at It was resolved that the information must have leaked bv the administrative STaff and a stern w3ming must be given to them to prevent such happnings in the future
fain Agenda
Item 02
I Reguarisation of the services of administratiw staff
It was resolved to approe the regulanarions of services of the following with from ovember L 2006
i) ills Pushpa Kadam ii) VIs Vidya SG iii) vir Umesh iv) iIlr Naveen Kumar v I VIs Premll Kummi
Resolved that having regard to the exigencies of service becomes necessary to make immediate appointment the VC could make such adhoc appointments and bring it to the notice of the Executive Committee lllunediately in the next EC meeting
Further resolved that if the vacancies should be filled up as per the University Rules and Regulaliols and if ad hoc appointments are eligible to consider their applicatiolls as well The cases of Ms Gma Ms Jyothi v1r Gulam Hyder and Mangala Gowri were not considered for eguiarization as they haye left th se[ce long back
(3rinLoIlldence increments(QthQslt who acqmre ~LPhii and PhD desree
Keeping in mind the UGC guidelines issued on the basis of the Order of the Govt of India dated J July 1998 and the resolution of the Executive Committee dated of August 1999 the Executic Committee resolved to extend the benetit of advance increments to the members of the tcaching statT acquiring PhD or tPhil degree respectively as follows
1 4 and 2 advance increments will be admissible to those hold PhD and tPilil degree respectively at ihe time of recrul1ment as Lecturers and Assistant Professors
2
2 4 and 2 advance increments will be admissible m those who acquire PhD and VLPhil degree respectively afrer the recruinnem to he said post
3 Associate Professors oJlwards who acquire PhD degree after 781999 shall be eligible for two incremems
The aforesaid provislOllS shall be given ef1c to from 781999
4 Appointment ofMr Somu C
After an exhaustiVe consultation on the issue regarding fixation of rile pay to Mr SOlllU on his appointment as Assistam Pro1ssor the Execurive Council resolved to gram four advance increments in the pay scale of Rs 10000 to 15000- so that the total emoluments will be receivim could not be less than the total ellloluments he is recehing in the priare college vhere he is Sefnllg The offer of appoimmcl1t aLready lllade shall be rnodified on these lines
Item No3 Stagnation increments
The Executive Council decided 10 grant the bendt of stagnation increments contemplated to rhe employees of lSIC The proposal in the agenda to grant stagnation increment is approved
Item 110 -I Institution of Allen amp Overy Chair on International Financial Laws
The Execmive Council approved the action taken by the Vice Chancellor in esmblishing a Chair on International Financial Laws 1Inanced by vIs Allen amp Overy Londo It is resolved 10 convey the appreciation Bnd thanks to the donor
Item ~o 5 Convocation
The sltlggesled the tc)Uowing names tor being invited to be the Chief Guest lor the next Convocation
L Shri Gopalaswamy Iyengar Chief Election Commissioner 2 Shri YV Reddy RBI Governor 3 Shri Fali Slariman Sr Advocate 4 Shri K Pachauri
In case none of the above are not mailable the Vice Chancellor may at his discretion invite any other suirable dignitmy
Item -0 6 3 reservation for physically challenged candidates in the Admission to XLS
EC defened it to the next meeting The Registrar shall place before the Executive CounciL a copy of the Act the Judgment rendered by the High court of Karnataia and
3
- -
bt also a copy of the report said to have been submitted by Justice Rama Jois if available along with relevant judgments
Item 0 7
The EC committee decided to consider the incentive to be given to the staff members on the occasion of the Silver Jubilee function of tile University
Item 08 Selection of the administrative staff
The EC felt that the response to the advertisements being very pOOL steps should be taken to adequately advertise and invite applications afresh In view of the urgent necessity to carryon the administration the EC 3mhorizes the VC to make ad hoc appointments pending regulu recruitment TO the posts of Secretary Office Assistants and Junior Assistants Adequate steps should be taken for adwnising posts indicating all relevant details
Among the three members to be nominated by the VC under the LSIU Regulation 4(c ) the Chainnan of the Karnataka State Bar Councilor any member nominated by him shall be nominated
Item 09 Establishment of a Centre
Resolved to constitute a committee consisting of the following members of the Executive Committee to scrutinize the proposal and to take a final decision in this regard
L Chail1113n of the State Bar Council 2 Bar Council ofIndia member from Karnataka 3 Law Secretary
Item 0 10 Institution of Chair on Consumer Law
The Council noted with appreciation the sanction of professorial chair on Consumer Law amp Practice bv the Ministrv of Consumer Affairs to set up Chair on Consumer Law 8 Practice at LSIC EC authorized the University to convey the appreciation and thanks to the appropriate authority
4
ITEM NO17 171 COURT NO5 SECTION PIL-W
SUP REM E C 0 U R T 0 FIN 0 I A RECORD OF PROCEEDINGS
writ petition(Civil) NO 6002015
SHAMNAD BASHEER VERSUS
petitioner(s
UNION OF INDIA amp ORS (WITH APPLN(S) FOR PERMISSION INTERVENTION APPLN) WITH WP(C) NO 5762018 (X)
TO FILE ADDL DORespondent(s)
CUMENTS
Date 30-10-2018 These matters were called on for hearing today
CORAM HONBLE MR JUSTICE SA BOBDE HONBLE MR JUSTICE L NAG ESWARA RAO
For Petitioner(s) Mr zoheb Hossain AOR Mr Adeeba Mujathid Adv Mr Vivek Gurnani Adv
For petitioner(s) Respondent(s) Ms Roopali Mohan Adv
Mr Namit saxena Adv Ms Taruna Ardhendumaul1 prasad Adv Mr Piyush Singh Adv Mr Amritesh Raj Adv Mr Nitesh Ranjan Adv Mr Shashank saxena Adv Mr Ardhendumaul1 Kumar prasad AOR
For Respondent(s) Mr Rakesh Munjal sr Adv Mr SS Ray Adv Mr Vaibhav Gulia Adv Mr Puneet Gupta Adv Mr paramjit Singh Jaswal Adv Mr Ravinder Singh Adv Ms Rakhi Ray AOR
Mr Atmaram NS Nadkarni ASG Mr Merusagar samantray Adv Mr Ritesh Kumar Adv Ms Suhasini sen Adv Mr Leelesh Krishna Adv Mr Arvind Kumar Sharma Adv Mr Gurmeet singh Makker AOR
~) i
2
Mr sajan poovayya Sr Adv Mr priyadarshi Banerjee Adv Mr Pratibhanu singh Kharola Adv Ms priyanka MP Adv Mr Risha Agarwal Adv Mr EC Agrawala AOR
Mr Anand varma AOR MsShubhangni Jain Adv MS Manpreet Kaur Adv
Mr Puneet Gupta Adv ~lr Ravinder singh Adv Mrs Reeta Dewan puri Adv Mr PN puri AOR
Mr Maninder singh Sr Adv Mr Prabhas Bajaj Adv Mr Gaurav Sharma AOR
UPON hearing the counsel the court made the following o R D E R
The copy of the report filed by the union of India Ministry of Human Resource amp Development pursuant to order dated 13062018 passed in wP(C) No 5512018 be furnished to learned counsel for the parties
List the matters on 28112018
[ Charanjeet Kaur ] [ Indu Kumari pokhriyal ] AR-cum-PS Asstt Registrar
ITEM NO5 51 COURT NO5 SECTION PIL-W
SUP REM E C 0 U R T 0 FIN D I A RECORD OF PROCEEDINGS
writ petition(Civil) NO 6ee2015
SHAMNAD BASHEER VERSUS
petitioner(s)
UNION OF INDIA amp ORS (WITH APPLN(S) FOR PERMISSION INTERVENTION APPLN) WITH wP(C) No 5762018 (X)
TO FILE ADDL Respondent(s)
DOCUMENTS
Date 28-11-2018 These matters were called on for hearing today
CORAM HONBLE MR JUSTICE SA BOBDE HONBLE MR JUSTICE L NAGESWARA RAO HONBLE MR JUSTICE R SUBHASH REDDY
For petitioner(s) Mr Zoheb Hossain AOR Mr Gopal shankar Narayan Adv Mr Adeeba Mujathid Adv Mr Vivek Gurnani Adv
For petitioner(s) Mr vikas singh sr Adv Respondent(s) Mr Ardhendumauli Kumar prasad AOR
Mr Amritesh Raj Adv Mr Piyush Singh Adv Mr Nitesh Ranjan Adv Mr vaibhav shrivastava Adv Mr Sashank saxena Adv
Mr Namit saxena adv MS Taruna Ardhendumauli prasad Adv
For Respondent(s) Mr Rakesh Munjal Sr Adv Mr SS Ray Adv Mr Funeet Gupta Adv Mr vaibhav Gulia Adv Ms Rakhi Ray AOR
Mr V Giri Sr Adv Mr AKarthi K Adv Ms Rakhi Ray Adv
2
Mr Atmaram NS Nadkarni ASG Ms suhasini sen Adv Mr Ritesh Kumar Adv Mr Leelesh Krishna Adv Mr Marusagar samantray Adv Mr Arvind Kumar Sharma Adv Mr Salvadar santosh Rebellow Adv Mr Gurmeet singh Makker AOR
Mr Sajan Poovayya Sr Adv Mr prlyadarshi Banerjee Adv ~r Pratibhanu singh Kharola Adv rmiddotls priyanka M P Adv Mr EC Agrawala AOR
r1r Anand varma AOR
Mr punaet Gupta Adv Mr Ravinder singh Adv Mrs Reeta Dewan puri Adv prof paramjit Jaswal Adv Prof KD Rao Adv Mr PN puri AOR
Mr Prabhas Bajaj Adv Mr Dhawal Mohan Adv Mr Abhishek Adv Mr Gaurav Sharma AOR
For Applicants) MS M Sidhu Adv Mr P vinay Kumar Adv
Mr PS Narasimha sr Adv Mr SS Ray Adv Mr Puneet Gupta Adv Ms Rakhi Ray AOR
UPON hearing the counsel the court made the following o R D E R
Application for intervention is dismissed as
withdrawn
shri Atmaram N S Nadkarni learned Additional
Solicitor General appearing on behalf of the Union
of India ~linlstry of Human Resource amp Development
states that the Government has prepared a report
3
and shall further convene a meeting of all the
parties to these petitions NTA and the Bar council
of India seek their views and make appropriate
recommendations for the holding of the examination
within four weeks
List thereafter
[ Charanjeet Kaur ] [ Indu Kumari pokhriyal ] AR-cum-ps Asstt Registrar
7-+ 0( AMNI~URpound tlt_Ihi
2Q lt ( gt ( - -
~ ~ A
-
p V -~d T] Y-P~iCL of ~-lt)Eign Sud~nts thp drnissio is i-l~ be COI)iuct-d wit)middot the help of Inrin ~~Llt_~lon~
llgtrO~j ~n -t~poundO rgtSpctiVF cnJn~cies
1 r
lh- durtlon of tht course shall bE for 21 peri00 of (iv~~ j~lcaderrjic yeilrs j
CJ 1~ltJch acadeHic _divided into_ thceuroE academic terrnS J
f~lCh tE-rm called a orrimestErcent hDvin0 a minimum of 70 vJcfrki (H) days
C3 Ph- Icdcmic t(rms shilllordinarily be from lst July to --lOth -Septcober t poundrom 5th Oct to 15th Junuclry an(l from 1 (1 t ~l ~] AnlJ a ry to 20 t h A1ri 1 ~
~
6 l Irhp tu i t ton f~(~ foc th0 dampgree progr1fnrne for each yedr -
~~~ 1 i-gt ~ bull )~~jt7-middot which shall be collectEd in th~e IntlIcn~s 0t tl--H~ b(9ir~n of lt2Crk Trin~c-$ter I fcgte i~ not pdid i--hin a week er the co-mrnCncemlt2Ylt of thlt Tr~rgt~middot I i sh~~ 1 be C012Ectec with tate Jf if 1shyor c1~~y t11-l rre- end of 20 working days Can-didut(s who f) l te feeuro wtY)it the nrc-scrlbcd aerior] with ~ate
(fmiddot sri~)l rgtrnoveo -(om lt~G rolls ltH(~ they shall bEgt C~gt-j(1rrit~td onJy on pitympt 0+ rf--)cm-sion feE- oE Imiddot 100shy~(( 1 ~risf-1ct()ry rJport o~ progress ond conduct from 2 Tc~chFr of thp P~culty
In rpsnect of rrwl v acrni ttEO stIJcens admission wi 11 no )( com~letP lJJ11ess- thFY Pi)Y the prescribEc within Sonci fieod ti1le
6 ~ 3 Besidelt= flt( 2lt trl bp9inning of the fi--st trimestr of fdCn ypar J U CltiHldidatgt i (cQuirec to pay a sum of
tOWi1n1 xc1dlrHJ rnJti~rit~ls ar1lt3 a further sum of OWi~fU~ co-ctJcricu~~r ~nd ~tudent welfare activishy
~OL(~ Tuition )nc other fees paid by th0 students irlini ttEC1 to thi course 1 not Je Efundeci u~dFr- any C cumstancs
1
A1)Npoundx UltE remiddot-VishyTS
Academic Calendar at NLS
Resolutions on Academic Calendar
The Academic Council Meeting on 12th December 1987 proposed that each Academic Year be divided into three academic terms each with a minimum of 70 working days This academic term will be called a trimester
On 1th September 1988 the 4th Executive Council Meeting of NLSIU resolved that each Academic Year is civided into 3 academic terms Each term called a trimester has a minimum of 70 working days
Consequences of the Resolutions Tne mandatory 70 working days are spread across 12-13 weeks Each 12-13 week trimester extends to 90 calendar days 3 trimesters will require 270 calendar days
Ordinariiy students complete compUisory internships during the term breaks which vary from 30 to 45 days This year we had planned to forego the term break and replace it with a 15 day break between each trimester as this Is essential to finish evaluation ana assessment exercises Hence the Academic Year requires 315 days
Academic Year 2020-21
If hLS Admissions is completed under the NLAT 2020 Schedule the Academic Year will run from SeJtember 18 2020 to June 30 2021 This will allow for 285 calendar days this year leaving a 30 day shortfall We may preserve the Academic Year by further compreSSing the evaluation and assessment period to 5 days ThiS is neither optimal or desirable bul is the result of the delayed CLAT 2020 schedule Hence the Academic Year 2020-21 will be competed before the start of Academic Year 2021-22 on July 12021
If NLS Admissions is completed under CLAT 2020 From October 10 to June 30 2021 the AcademiC Year wiil have 263 days leaving a 52 day gap Even if we compress the evaluation and assessment Deriod to 5 days between each term and save 30 days the Academic Year 2020-21 cannot be delivered
ANNExOltE RJ
r Nithya Rajshekhar ltIegalnlsacingt
Letter from Nirma University Law School which has a trimester system for LLM and has moved away from CLAT for this process this year
$arasu ltSarasunlsacingt Sat Sep 12 2020 at 1031 AM Te Nithya Ra]shakhar ltIegalnisacingt Co Sudhir Krishnaswany ltsudhirnisacingt
bullbullbullbullbullbullbullbullbullbull Forwalded message bullbullbullbullbullbullbull From Purvi Pokhariyal ltdirector Date Sat Sap 12 20201027 AM Subject Thank yeun To Sarasu ltsarasunisacingt
Dear prof Sarasu Thomas Professor of Law amp Registrar Iational Law Scnool of India University 8anglore
Subject gratlCude for gracing Commermcement session of One Year LLM batch (2020middot21)
Dear SaraSJ Maam
It was Inaeed an absolute pleasure to host you for he commencement (Orientstionj session for our newiy admitted ere year LLM batCh of 20middot21
Your motivalional address infused new energy and enthusiam amongst the sldents during this testing times
As you know this is one year programme and il is expected to nurture pest graduate students with cognitive deeper unaersranding on specialised afea along with sflarpening their research and writing skills One year programme comprises of fhree trimester for our LLM programme And we were running out of time due to delay in centralised acmisison process through CLAT 2020 So finally in early August we have decided to change the mode of admission from CLAT to graduation merit So thai we can save time of our first trimesler and can compiete the programme on time Accordingly we could start our new LLM batch from 31st August 2020 I am really thankful to you for accepting our invitation for OJr format commencement ceremony You have been motivating and inspiring generations of SUdents throughlout aU these years and your words wiseom paved a new direction for leming for our LLM students received oV80Nheming feedback from this session and must be thankful to you to be with us and helping us for guiding our LLM students during this unprecedented times Tnis is unprecedented time and that demands the unusual responses and newadapatabiiity
Thank you once again
VVi1h regaros
Purvi
06011020 The General Body The NLUs was held The Secretary-Treasurer introduced and explained to the members various steps taken by the CLAT Secremriat in preparmion of the examination including a user-fhendly and streamlined website for the C onsonium and CLAT 2020 and a sample of tile revised format of the CLAT paper designed to test slUdem aptitude instead of prior knowledge of law The sample paper had also been $tlrveyed by students from LSIU The eftons of the CLAT Secretariat on both initialives were specially commended by the Members
Additionally he also briefed the General Body that the CLAT Secretariat had put in efforts to develop and innoduce free and high-quality study materials and mock tests tor aU eLAT applicants so as to not disadvantage those slUdents who could not afford coaching
21042020 Due to the ongoing COV1D-19 lock-downs Executive COlllmittee of the Consortium postponed the CLAT 2020 I examination from lOh May 2020 and rescheduled to 21 Sl June
2020 I 1--------+- __
17052020 The Executive Committee of the Consortium resolved to postpone the eLAT 2020 again (2nd eLAT Postponement) The Consortium issued a notification infoDning candidates that a new date would be notified by 0 I July 2020 At the same meering the Respondent No2 informed the of the large increase in the number of applications after the digital marketing initiative
---- 17062020 The Executive Committee of the Consortium met The
Respondent No2 presented the report oftlle survey conducted by the CLAT Secretariat to evaluate options for conduct of the exam given die Covid-19 pandemic The Executive Committee assessed the feasibility of continuing with a penshyand-paper exam VS an online computer-based exanlination The Respondent No2 also reported his effons in contacting I vendors to conduct an online examination I
29062010
7B
16072020
30072020
The Committee of the Consonium issued a notification scheduhllg the CLAT 2010 exam on 22nd August 2020 The test was to be a centre-based online compnter eX3m The Executive Comminee was Infolmed by the Convenor rhat a Vendor had been selected
A General Body Meeting of the C onsortiull1 was held The Respondent No2 intormed the Consortium of the various measures taken by the CLAT Secretariat including
bull Due to the pandemic simation the test centres were expanded from 67 ro 103
bull Detailed Medical protocols to be followed 011 the exam day
bull The mock exams schedule has been prepared and shared to all the VCs
The Respondent No2 also infonned the membls about the proposal for securing an insurance policy for swdenls and staff for the duration of CLAT 2020 exams He informed that proposais have been sought from various Insurance Companies and the best proposal received was shared with the VCs The Consortium authorised Secretary-Treasurer and the President to go ahead with the said Proposal
However certain members raised objections 011 the ground that the price for an Insmance Policy was too higb to bear for the Consortium tmd not necessary
A meeting of the ExecutiYe Committee of the Comoniulll of NICs was held The Respondent NO2middots proposal to secure an Illsuranc Policy fOT students and staff as a precautionary measure lor CLAT 2020 was rejected despite general support froln several melubers for the sole reason tlw it [$ 110t necessary and it il1vole5 huge amount and does not serve any I- purpose
~
The Respondent 02 did not share the Same middotiew
At the same meeting despite the Health and Safety Protocols and the conversion of the exam to a Computer Based format in order to accommodate shldents during the pandemic few members raised health concerns and SUgested J2poundstponemelll i l
of the CLAT 2010 from 2200 August 2010 Hovever the Consonillm resolved to decide the issue at its next meeting
05082020 The Executive Committee of the Consortium of NLUs held a meeting to consider the date of the CLAT2020 exam
The Test Vendor was also in place to conduct the exam 011 7th
September 2020 The Respondent No2 had also begun the process of securing an additional approval from MHA for the conduct of the CLAT exam and to ensure all candidates would be allowed to travel to the centres Respondent No1 mged the Consol1iull1 against postponement of the exam given the extensive Covid-preventative measures being taken at the centres and the need to preserve the Academic YeaL
The Respondent No2 shared a presentation with the Executive C01l1111inee detailing the impact of a postponement on the Academic Calendar of the Respondent No1 University and proposing a host ofoptions in order to accolmnodate members facing such difficulties bull for NLUs to proceed with their own admission process tor I
2020-21
bull aHow for CLAT 2020 to be conducted in two series so that Universities may choose an earlier or Imer date and
bull for NLUs to admit CLAT-enrolled students to appear for separate exams conducted by the NLUs with no further need for registration or fee payment
Despite this the Consoniulll by majority vote merely resolved to postpone the eXllnllnatiol4 to a date to be i
detennilled later
10082020 The General Bodv Qfthe Consortium ofNLUs held a meeting i fuwhere it was dcided to schedule the CLAT exam on
September 2020 Whilst this date would enable members such as NLSIU to complete their admissions without suffering a Zero Year some participants menfloned that it may be necessary to postpone the examination even further
L--_____L______________________-J
27082020 The Executive Council of the Consonjum took the decision to postpone eLAT once again
The Respondent No2 raised serious objections TO the postponement and also brought to the notice of the COllSoniulll the fact that the pandemic would only get worse it1 the coming months Further to facilitate the of institutions reliant on CLAT who would not be able to sustain ftuther delay he optiOllS already presented and discussed with the Consortium the Respoudent No2 offered to undenvTie the entire CLAT 2020 examination from NLSflJs share of Consortium fees in order to hold the examination on the fixed date of 7th September 2020 However none of the options were accepted by the Consortium
ANMEM01pound R1Ie atiouaj Law Scho()l of india University Ballzalore i J
inllts of the Emergency Faculty lerring held via videu confrrcnce euroIll 6th August 020
lullbers preent lts Iht Zoon1 ~iJn R-cOrGlng
1 PU$lpoThm~H ofCLAT yet again from 22nd Aligust to 7th S~pt(nber ~020
Contingency Plan to prevent a Zero Year
Disc ussion
Th- ViCt1 Chancellor Prof Sudhir KrlslmaSvarny informed that en1rgcHcy l1heting had been called to the decision the Executive C0t11ITliHe of the Consonium National Law Universities dated 05092020 to postpone the CLAT 2020 exam undl funner notice t was also informed that a new date for CLAT 2020 -as not yet finalised however it was likely that the exam would schedukd in September He tated that this emergency Facllhy Meeting had been
0 decide on NLSUs next steps
TllC Vice Chancellor infonned the Faculty he hud pHt forth the case of NLSIU lt1t the only National Law UnivilTsily having a trimester system before the Consortium members He infom1cd Consortium that delays in CLAT Nould unfairly prejudice NLSIU and set before them several alternatives including (1) allowing NLSIU 0 go ahead with an alternate admisslols process lor this
lild r) allowing multiple CLAT exams and go ahead with the date as proposed
Vice ChanceUor timber informed the Faculty that the CLAT 2020 had been postponed the hid time despite the extensive health and safety protocols and a rede$ign of the ~xam (Q a centre-based computer exam As the Covid-19 pandemic is only getting worse there is no justiI1carion for further delays
Fuculry il1cnlbcrs expressed concern that the trimester was going to be severely dt~layed as a
th~ postpot)CJncHt Undergraduate Chairperson Prof T Somnshekhar suggested going ahead vith an exam immedimely to prevent fmher delay and to explore using the same centres as CLAT
Other Faculty 111cmbcrs including Pr)f Ashok Patll suggested thatvlc should fun our ovn entrttnclt exam NIr Kunai Ambasta agreed bUt expressed concern about the costs of administering a scpamte entrance eXctlDlnatloD
Jflndakishore lt-luerkei whether ve couid go ahead for this staying tvithin
lnernbers inciudjng Sanyukta Choudhry and Ms Rashmi Vcnkatcn if it was PQssihlt IO have a dekly~d trimesrer nnd hm the inlpact ofthlt WOUld be Acadernic calendar options (r( txplored
Bnbu 11athev opined e should xplore many options 5hared TvlPP course to begin on ciCil1
Registrar~ Prof Sarasu Eshef Thon1as nmde a short prescntmion on the of a T on the S A-eadernic Year
1 Impact on applklnh
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DClsng ~1 adulisiuns lEosS ttJ corrplt~d urgtntly vhich EaHovmiddot us t) admit studnts rntd~Septen1ber and Viih ddayd b~it trirn12s1cr C(lYlprOrtusHlg JCadCl1iics
Dednre D 11h concqu~rH financIal losses lo-s of lainl tc as last rsort
4 If we run our tlvn entrance cxmn We rnay have to bear a snudt IO-is in monetary t(nns cntrmce process at a
it vns ionduded ihat smCe dH date ll) CLAT exan1 had nOI bcen flxLi 1hen W~l~ no vbClher voldd be any furh~r postponcn1entS LSIlJ be ith puhing
uirncgtter LO th ecund rrlrn-skr and so fDrth lhereby n1-lking it impo$)iblc to up 2021 In such a cnse~ rLSrC will be forcedo announct a zero y(ar~
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Extract ofDraft Minutes of9t Executive Council Meetillg
DRAFT MINUTES OF THE 91 MEETING OF THE EXECUTIVE COUNCIL OF THE
ATIONAL LAW SCHOOL OF INDIA UNIVERSITY MELDON
WEDNESDAY AUGUST 12 2020 AT 330 PM AND ON
TUESDAY AUGUST 18 2020 AT 430 PM VIA VIDEO CONFERENCIgtlG
MEMBERS PRESENT I Honble Mr Justice Uday Umesh Lalit Judge Supreme Court ofIndia 2 Honbie Mr Justice Dhananjaya Y Chandrachud Judge Supreme Court of india 3 Honble Mr Justice S Abdul Nazecr Judge Supreme Court oflndia 4 Honble Mr Justice V Gopala Gowda Former Judge Supreme Court oflndia 5 Shri Manan Kumar Mishra Senior Advocate Chairman Bar Council of India 6 Shri S Prabakaran Senior Advocate Co Chairman Bar Council oflndia 7 Shri Deb] Prasad Dha Advocate Managing Tnlstee BCI Trust 8 Shr1 Apurba Kumar Sharma Senior Advocate Chairman Executive Committee Bar
Council oflndia 9 Shd Y R Sadasiva Reddy Member Bar Council of India 10 Shri Ved Prakash Sharma Advocate Member Bar Councll oflndia 11 Shri Prashant Kumar Singh Advocate Member Bar Council of India 2 Shri Anil Kumar 1M Chairman Karnataka State Bar Council 13 Shd tV Ramana Reddy lAS Additional Chief Secretary to Government or Karnataka
Higher Education Department 14 Shf1 SY Watawati Law Secretary Government of Karnataka 15 Prof (Dr) Sudhir Krishnaswamy Vice Cbancellor NLSIU 16 Prof (Dr) Ashok R Pati] Professor of Law NLSlU 17 Prot (Dr) TS Somashekhar Professor in Economics NLSIU J8 Dr Nagarathna A Associate Professor NLSJU
AliD 19 Pro[ (Dr) Sarasu Esther Thomas Registrar amp Professor of Law as Secretary to the
Executive Council
lVIEMBERS VRO EXCUSED THEMSELVES L HonbJc Mr Justice Mohan M Shantanagouclar Judge Supreme Court ofIndia
Opening Remarks
The Vice Chancellor Prof Sudhir Krishnaswamy welcomed al the members to the 9i Meeting of the Executive Council He thanked the Honble Judges representatives ofthe Karnalaka Stale Gevernment and members of the Bar Council of India for agreeing to attend this Executive
-ss Council TvteeHng organized at short notice or Video Conference He informed tflC 1crnbers that the Honbie ChiefJustice of India the Chsnceillllofthe University was unable to atlcu and had ominated Honble Justice UlJ Lalit to Chair themeeting in his abence
Justice Lalit clarified the reasOns why this emergency Executive Ceunci I Meeting had been convened at shori notice at his initiative First as CLA T 2020 had been postponed several times the University is unlikely to complete admissions by September 2020 Hence lLSIU faces the prospect or a zero year 1ere 120 BALLB + 50 LLM students will not be admitted and (be University wili lose INR16 crores over 5 years Secondly as the University had submitted a comprehensive Report reviewing the Reservation Policy in the third week of July this Report should be discussed while Ihe admissions process was underway
Justice Lalit then asked if any Member took objection to the short notice and was keen that the Meeting should be adjourned Ali Members unanimously agreed that due to the urgent nature of the agenda of the Meeing the usual lime trames for the Meeting may be dispensed with on this occasion
~ __-1-_- _ - _ _-- -- --- i Item No1 i Postponement of CLAT 2020 and Admissions to the NLSIL for the i_ ____J_A2e~)r2Q~Q21 ________ ____ __
Discussion IMembers noted that the Governing Body of the Consortium ofNLUs held an iemergencv meeting on Aug 10th 2020 to reschedule CLAT 2020 from Aug 22nd to 7en September 2020 ) i i 1 Members expressed concern that CLAT 2020 had been rescheduled 3 times and
further postponement could not be ruled out The Vice Chancellor clarified that the University has made adequate plans to compress the Academic Year if the 1
exam is completed On September 7th 2020 I
However several Members expressed concerns if CLA T 2020 was delayed 1 further All Members agreed that the consequences ofa Zltro Year in terms of loss of revenue (around i 6 crons) and loss of oppoltunity to 120 SA LLB (Hons) and 50 LLM students [0 study at the National Law School was too high a price to pay
Some Members suggested exploring various admissions options using 12th Stllndard Marks other entrance examination results or conducting an online examination The Chair emphasized that it is critical to authorize and urge the University to take immediate steps to prevent a Zero Year if CLAT 2020 is
i further rescheduled
i I The Chair requested the Vic Chancellor to consult withthe BCI Chairpls~n in the event that the Umverslly needs the leave of the Supreme Court In mese I 1____~__-lllat~~~ __ _ ___ _~__ __ _________ _jI _ 1 l was resolved unanimously that jfthere is a further delay in CLA T the Vce 1
L_~C~~nJ9_~ll~cel()r--~_lt11Jlowredt2takeai I necessar $iJlLt~nsur(U~ltlUl1ej
(J ry(Y~~
TAdmissions Processfor 2020-2 i~i~ completed in Septe111ber 2020
NLSIU is authQrised to fUll ft~ own admission process and conduct an i independert admisson tcst if necessary if there s further postponement of the I CLATexam
It was decided that the meeting would be adjourned to 18th August 2020 at 430 PM The Vice Chancellor thanked all the members for joining this meeting
After a formal weicome by the Vice Chancelor Justice U U Lalit chair the meeting and invited Justice Gopala Gowda to present his note feHowed by a presentation by the Chairman Bar Council ofindia
__ _~ ~__Ugt___ _~~~ _~~_~ _~ __ bullbullbull___ ~~ __ ~bullbull~~_~ gt _ 0 ~~ ~_____ ~~ _ __~ ~____ __ ______ __ __ __ __
1 -__~_~~__~ bull i Anv other item with the ncrmission of the Chair
n __ __ Item 3 __ ~~bullbull_______ ~_________bull ______ __ ______ - _~~ ~~~ ~~bullbull _~~~ ~ __--J~_~ __
Discussion The Chair asked the Vice Chancellor to clarify that CLA T 2020 was likely to be r held on 7th September 2020 The Vice Chance lor confirmed that as per the i current schedule it was to be conducted on 7th September 2020 but the I Consortium tny choose to reconsider the date later I
i--~------- i-------~ --_---- ---------------_--- ---- ---- -- ---
Decision i
The Executive Council unanimously reconfirmed this resolution to empower i
the Vice Chancellor and the Jniversity to conduct an independent admission iL_ _________jJ~poundf~ipoundE~1Jt t~at C~~T 29Qis dela)~ecc fU~~t____~~_________
The Vice Chancellor thanked all the Members for joining the meeting and thanked Justice UU Lalit for chairing this important emergency Executive Council meeting
SdJshyRegistrar National Law School oflndia University Bangalore
RE~srRfl~ Mttcrpt iegt s~ vi ImF(l flriilitt
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ANNExurE R14 iT NATIONAL LAW SCHOOL OF INDIA UNIVERSITY
Post Bag No 7201 NAGARBHAVI BENGALURU - 560 242 (Old Code No 560072) INDIA
Talalax 080 - 2321316023160532535 Fax OBO - 2316 0534 Website WWWnlsac-in Email registrarnlsaci
Report of the BALLB(Honsl and LLM Admissions Committee 2020
Committee Members
1 Prof (Dr) Sarasu Esther Thomas Registrar 2 Professor Babu Mathew 3 Assistant Professor (Dr) Kaushik Basu 4 Assistant Professor Kunal Arnbasta 5 Assistant Professor Sanyukta Chowdhury 6 Nithya Rhea Rajashekar Advocate (Legal Advisor to the Committee)
A Objective
Since inception admission to the BA LLB (Hons) programme has been purely on the basis of merit as assessed through a common entrance exam The University conducted its own AIIshyIndia entrance examination until 2008 when the Common Law AdmiSSion Test was conceived In 2018 the Consortium of National Law Universities comprising the ViceshyChancellors of 22 National Law Universities was formed to establish a Permanent CLAT Secretariat for the conduction of the CLA T Admissions to the Universitys BA LLB(Hons) and LLM programme were also done on the basis of CLA T score
The Covid-19 pandemic has however caused unforeseen difficulties and delays in the conduct of CLA T 2020 The repeated postponement of the examination has resulted in uncertainty for students parents and the participating Universities NLSIU is uniquely disadvantaged as it follows a trimester system where every academic year is made up of three terms of 90 days duration Moreover each term must accommodate 60 hours of classroom instruction in each course and adequately provide for examination and evaluation processes Further the academic offering for the 3rd 4th and 5th year of the BA LLB programme as well as the LLM programme is fully integrated and requires a common academic calendar
Hence if NLSIU is unable to complete admissions before the end of September 2020 it will inevitably result in a Zero Year with no admission This will deprive law students of the opportunity to pursue their studies this year at Indias premier law university We are fully committed to ensuring that no student is denied the opportunity to study at NLSIU this Academic Year Hence NLSIU is compelled by the current circumstances to conduct a separate admissions process for the BA LLB and LLM programmes for the Academic Year 2020-21
This matter was considered at length at a Faculty Meeting at the University on August 6th 2020 where the Faculty unanimously resolved that NLSIU needed to take all measures necessary to avoid a Zero Year The Executive Council of the University at its 915t Meeting held in two sessions on August 12 2020 and 18th August 2020 met to consider the matter and unanimously resolved to authorize the University to develop an alternative admissions process in the event that CLAT 2020 was not conducted on September 7 2020
h fin stablished under Kamataka Act 22 of 1986
-tgg On August 28 the Executive Committee of the Consortium of National Law Universities postponed CLAT 2020 from September 7 to September 28 2020 Accordingly this Faculty
Sub-Committee was constituted by the Vice-Chancellor and tasked with formulating a revised admission procedure for the academic year 2020-21 with respect to the BA LLB (Hons) and LLM Programme (hereinafter referred to as Programmes)
B Options available before the Committee
1 Conduct an online entrance exam at identified centres across the country for all applicants
2 Conduct a home-based proctored online entrance exam for all applicents
3 Conduct a home-based proctored online entrance exam for applicants shortlisled as per pre-defined criteria
81 Committees decision regarding Option 1
As per expenditure estimates prepared by the University conducting an online entrance exam at identified centres across the country for aU applicants would cost Rs 4 crores Moreover under the given lime constraints it would be extremely challenging to organise the same Further a home-based online examination discussed in Option 2 and 3 below ensures that candictates do not need to travel to physical centres for an additional examination
Accordingly the Committee decided that option 1 would be unfeasible
82 Committees decision regarding Option 2 and 3
A home-based proctored online entrance exam for all applicants would not be feasible given the expected number ofapplicants (apprOXimately 20000+ for BA LLB and 5000 for LLM considering the late call) and the available funds of the UniverSity unless some minimum fee is charged from applicants If this is done we may make an open call
~Ihere no application fee is charged such an entrance exam is feasible for applicants
shorlisted as per pre-defined criteria Subsequent to the initial deliberations ofthe SubshyCommittee it was made known to the members that the procedure for admissions as finalised by Ihe Academic Council on December 12 1987 was that Admission to tile Law School would be only on the basis of the Written Admission Tes
The Committee discussed the available technology platforms for conducting homeshybased proctored online entrance examination with two vendors (Edchemy and Coshycubes The Commiltee also got in touch with Pearson Vue and NSEIT) A moreurogt exhaustive search may be undertaken by the University before making the choice of technology partner for the entrance exam
With respect to the application fee the University has tlllIO options - (i) to charge a nominal application fee (in the range of Rs 100 Rs 250) to recover part of the costs
111 (with the balance being met by the University funds) or (Ii to not charge any application fee While the CommITtee felt that (i) was ideal a final decision may be taken by the Vice-Chancellor in this regard depending on the final expenditure estimates of the entire admissions process and availability of funds with the University
Therefore having considered all the options it was concluded by the Committee that an online home-based entrance examination conducted for all appticants at the earliest and with the lowest possible application fee would be a fair transparent and accessible admissions process
C Committees recommendation regarding conduct of home based online proctored entrance examination
The syllabus of the examination should be as ctose as possible to the Common Law Admission Test 2020 so that candidates are not required to undertake any additional preparation for the NLS1U Entrance exam The following format was recommended by the Committee
Maximum Marks 80
Duration of the Exam 45 minutes
Question Type Multiple Choice Questions only
Marking Scheme 2 mark per correct answer
-050 marks per wrong answer
-025 marks per skippedunanswered question
Candidates will have to appear for the examination using a computer device with video and audio transmission available They should be informed in advance that the University would noi be responsible for any connectivity issues or failure of intemet connection during the examination
A mock examination should be held to familiarise the candidates with the technology plalform on which the examination will be conducted
There should be a protocol established to deal with potential malpractice since the examination will be attempted by the candidates in a home environment It is understood that the available technology allows for artificial intelligence enabled human proctoring of the examination Additionally the technology vendor will put in place software mechanisms to ensure that forms of examination malpractice will be detected and suitable action taken This should include but is not limited 10 restricting access to different online tabs on the computer audio detection continuous video streaming detection of multiple login attempts etc In addition to proctoring during the examination post hoc verification must be conducted on the besis of detailed logs and data records maintained by the human proctors and the available system records In cases of observed malpractice the candidates examination should be cancelled by the University
At the time of computation of final scores pest the examination if twO or more cajsobtain the sameuro marks a break of tie should be made by the following procedure and order (i Higher number of correct answers to Legal Reasoning Questions (if) Higher number of correct answers in the overall examinatiOn iii) ComputeriSEld draw of lets
n view of the fotegoing discussion on the available options the Vice Chancellor may take the
final deCision 01 the admissions procedure to be followed for the academic year 2020-21
rurfw~_iv___ j J u ----shy
Prof (Dr) Sarasu Esther Thomas Professor 8abu Mathew
Dr Kaushik Basu Mr Kunal Ambasta
Ms Sanyukta Chowdhury Ms Nithya Rhea Rajeshekar
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ANNEXURE R-Il4shy
Honble Justice ~1L U C Lalit Judge the Supreme COlit ofIndia ChairmalL Executive C ounci Xational Law School oIIndia 1Jlliversity
36 September 1010
Sub Decision of the Consortium of -iational Law Universities on 28082020 to postpone
CLAT2020
Honble Sir
Greetings from NLSIU Bangalore
The Comonium of National Law Uillversities of which NLSIU is a member has by its llorification dated 28 August 2020 decided to postpone the Conunoll Law Admission Test CLAT) poundiom September to 28 September 2020 The COVID-19 pandemic has caused llntOreseen diftkulties and delays ill the conduct of CLA T 2020 and the repeated postponement of the examination bas resulted in uncertainty for students parents and the participating llliversities
As you are aware the )JLSlU is uniqudy diadvalltaged as it 1011ows a trimester system where eVelY academIC year i made up of three terllls of 90 days duration Moreover each tel111must accollllllod1te 60 hours of classroom imuuctioll ill each comse anc adequately provide for examination and evaluation processes FUl1her the academic offerillg tOr the 3rd 4th and 5th yem of the BI LLB programme as weH as the LLM prograllulle is fully integrated and requires a COllllllon academic calendar Hence if]1-S1U is unable to complete admissions before the end of September 2020 it will inevitably result in a Zero Year vdth no admissions This will deprive law smdellts of the oppommity to pursue their shldies this year at Indias premier law university TheretOre 1-SIC is compelled by the current circumstances to conduct a separate admissions process for the BA LLB ane LLM programmes for the cademic Year 2020-21
This maHer was considered at length at a Faculty Meeting at the University on Augmt 6 2020
when the C onsortiulll postponed the exam from August 22no to September 7 2010 where the Faculty unanimollsly resolved that NLSIU needed to take all measures neeesalY TO avoid a ~Zero Year
Then the lllmtcr Va placed before you in the EXecmive COllncil at its 9 F meeting held 011 1211
August 2020 wherein it was unanimously resolved to authorize the University to develop an ~-
~ltern~tivc admissions process ill the event that CLAT 1020 WilS not conducted on September jh
2020
Accordingly the Vice Chancellor constituted a Faculty Sub-COlllmittee on August ~020 to denlop a revised admission procedumiddote The Sub-Colllmittee concluded that a common entrance test conducted online at the lowest possible application fee would be a 1aiL tn11lsparent and accessible admissiolls process 8t this The proposab of the Sub-Committee were dicllssed at a F ~cnlty Meeting held 011 31 August 2020 After taking into accollnt the suggestions and
revisiom as necessary the Revised Admissioll Notifications for the Academic Year 2020-21 for
the BA LLB programme and LLlvl programme haw been notified
The lniversity aims to initiate and complete the entire proces by mid-September and begin the Academic Term immediately thereafter While the reyisecl admissions process presents a mOllumental task the careers of the students who have worked hard for this opportunity remain
our top priority
The V ice-Chancellor and I will contlllue to apprise the Executive C ouneil of these developments
and ve thank you for your SUppOl at this time
Sincerely
Prof (Dr) SraSll Esther Thoma
Professor of Law and RegistIar liLSIC tvlember Secretary Executive Council
Copy to (1) Members ofthe Execntlye CounciL NLSIlJ (2) Vice-Chancellor NLsn
-
1)pound0pound flt 15 ct
The Faculty
KltIional Law School oflndia University B8ngillolc
3 September- 2020
Sub Decision of the Cousoltiull1 ofKational Law Universities on 28082020 to postpone CLAT 2020
Dear all
~s you are aware the COllsorriulll ofKntiona Law Clliversities of which NLSIC is a membeL has by its notification dated 28th ugnst 2020 decided to postpone the COllllllon Law Admission Test (CLAT) Hom 7 September TO 28 September 2020 The COVID-19 pandemic has caused
uuforesen difficulties and delays in the conduct of CLAT 2020 and the repeated postponement of the examination has resulted ill uncertainty for students parents and the participating
Cuiversities
At the Faculty deeting at the liuivelsity on August 6th 2020 the mailer was considered at
length when the CLA T 2020 wa postponed fiom Angust 2211d 2020 to September 7th 2020 and need to avoid a delayed cademic Term was discllssed NLSlli is lllliqueiy
disadamaged as it follows a nilllestersystem where eely academic year is made up of three
Tenns of 90 days dmmion ldoreover each term 1ll1lSt accommodate 60 hours of classroom illSh11Ctioll in each course and adequately provide tOr examination and evalnation processes
FunheL the aCBdemic offering tor the 3rd 4th and 5th year ofThe BA LLB programme as well
as the LL2gtI programme is fully integrated and requires it COIlllllon academic calendar Hence if NLSlt is unable to complete admissioIlS before the cud of September 2020 it wil iueitably result in a Zero Year with no admissions that deprives law students of the opportunity to pursue their smdies l11i year at Indias premier law university At this meeting the Faculty Imanimously
resolved that NLSIC needed to take all measures necessmy to avoid a Zero Year
Tllereatler the matter was also placed before the Executive Council at its 91t meeting held on
12 August 2020 wherein it was ullanimously resolved to aurholize the University to develop an altemmive admission process in the event that CLAT 2020 was not conducted all September
2020 Therefore NLSlt is cOlllpdled by Ille current cncumstances to conduct a separate admissions process for the B LLB and LLM progrmnmes for the Academic Year 2020-2 L
Accordingly the Vice Chancellor constilllted a Faculty SubmiddotCommittee on 28 August 2020 to
develop a revised admissions procedure The Sub-Commirree concluded that a common ntlance test conducted online at the lowesl possible application fee vould be a fair
lransparem and accessible admissions nrocess at this stage The pro])osals oftlle Sub-Committee - - ~
were discussed at the Facultv Meetimr held on31 Augnst 2020 Afler taking-
into aCCOllll the ~
snggestions and revisions as llece~sm) the Revised AdmJion otificarions for the Academic
Year 2020-21 for the BA LLB programme and programme have been notified on the Cniversity Yeb~ite
The Cniversit aims to initiate and complete the entire process by mid-September and begin the Academic Term immediately thereafter While the reised admissions ploce presents a monumental task the careers of the students who 1mve worked hard for this opportunity remain
our top priority
The Vice-Chancellor and I shall continue to apprise the Faculty of the developments and we thank you for yom SUpjlOlt al this time
Sincere
Prof (Dr) Snmsu Esther Thomas Professor of Law and Registrar ]LSn
ltlember Secretary Executive Council
Copy to (1) Member offacuIty NLSlli
(2) Vice-ChallCellQL NLSIC
~) rRua (IPYshy
JNNEPCUJlpound R-Jb 8
Tlle PI ident
ConSOl1iUlll ofltational Law Cmverities
3 September 2020
Sub Decision of the Consortium dated 270820 to postpone CLAT 2020
Dear Prof VijaykumaL
Guering ilOlll LSru Bangalore
The COVID-19 pDlldemic has caused unforeseen difficulties and delays in the conduct of CLAT
2020 The repeated postponement of the examination has reulred in ullcel1ainty for students
parms and the pmticipating Cuiverstie
LSIl is uniquely disadnmaged as it follows a trimester system where evelY academic year is
made up of three tenlls of 90 days dmation rIoreover each term must accollllllodate 60 hours of classroom instruction in each course and adequately provide for examination and evaluation
processes Further the academic offering for the 31d 4th and 5th year of the BA LLB
pro~ml1111e as well as the LLrl progrmllllle is fully integrated and requires a common academic
calendar
Hence if ll_SIU is unable to complete admissions before the end of September 2020 it will
inevirably resut in a Zero Year with IlO admissions This deprives law sludents of the
opportunity to pursue their mdies tills year at Indias premir law university Therefore ](LSIU
is compelled by the ClliTem circumstance to conduct a separate admissions process for the BA LLB and LLM programmes for the gtcademic Year 1020-21
This matter was considered at length at a F acuIty lHeeting at the Cuiversiry on August 6th 2020 where the Faculty unanimously resolved that NLSIC needed to take all measures nec6sary to avoid a Zero Year The Execmive COllllcil ofte Cniversity the 91s1 EC meeting held in two
sessioLlS 011 12th Ausmst 2020 and 1 Stl August 1020 considered the maner and unanimously- ~
resolved TO authorize the University to develop 0Jl altemative admissions process in tile evem
tlwt CLAT 2020 was not conducted on September 7th 2020
On August 28th the Executive COlllmittee of the COllsortiull of National Law Universities
postponed CLAT 1010 from September 7th to September 28th 2010 III these circulIlstances
NLSIU is compelled to conduct a sepmate admissions process forthe Academic Year 2020-2 L
I reiterate that NLSIU will continue to discharge all its responsibilities as a Founder )middotlember of the COllS011iulll Rncl the Vice-Chancellor in his capacity as ex-officio Secretary-Treasurer shall
extend all necessary SUppOH to the Consortium for the SUCCessful condlct of CLAT 2020 at the
earliest possible date
I am continuously available to clarify any of these developments on the email and the phone e
request yon to take all necessalY steps 10 connmlllicale this to all students who have registered for CLAT 2020 as we lllUICt conduct the admissions process with the least possible
disl1lptioll
Sincerely
Sarasu E1her Thomas Registrar NLSIC
Copy to
(1) vIr Bahaj Chaul13ll CLA T COllvenor (2) Members of the Consortium
~~~2
ROE c Flyshy
AIIIIIIpound1CtfJa R-jrr ~ATIO~AL LAW SCHOOL OF LiDH t7~IVERSITY BEGAIXRl I0 0
PROCTORING PROTOCOLS
THE KATIONAl LAV APTITlDE TEST 2020
NLSIF uims TO ensure that the NLAT 2020 is an accessible smdem-triendly examinmion registered candidares are required TO follow the highest standards ofacademic integrity while raking the res The Proctol1ng Protocols to monitor the examination process are sel om below
middotmiddotmiddotmiddotmiddot~-middot~rmiddot~middotmiddotmiddotmiddot-~middotmiddot-middotmiddotmiddot~middotmiddot ------~~
50 lIalpracticf Ownersbi]l PradoI Ation
1 I111pcfsonation Proctor L Record Malpractice I
~(determined at of _ Do not allow the impersonator to starr candidate validmion the xmninatioll prior to cxanllmnion 3 For PWD candidates both the commencement) candidateS and scribes GOV1 Photomiddot
I ID must be verified bull
2 Inappropriate Proctor Proctors will send a message to such surroul1dings ar teSC candidates Please sweep th canlra location External help ill a circle around me place you are solicited (suspected) taking the assessment and i or (Someone otiler than Please tilt rhe devicemiddot keyboard you pennitted scribes are using for the assessment)present in the vicinitv
1 Candidates to show 8 360-degree view candidate looking ill of the emire room by mming on a mher directions webc8m (Iapmpsidesktopsl or fromcontinllollsly
periodically candidate camera (as directed by proctor) talking communicating (mobile devices) tilt the device
Iin any other manner keyboard as instrUCTed dlh SOIlleone other thrill 3 If any 1llla1lthorised person or penllired scribes unauthorised device is observed in the
candidateS vicinity including but not limited to person(s Othef than permitted scribes HDMI cabies extemal devices projection of the feSt screen etc proctors m terminate the candidates examination attempt
I inUlledlately
4 If the proctor observes a phone rabler other device falling slipping when the device keyboard used for the assessment is tilted proctor to terminate the exam immediately
5 Any candidate who fails to comply with the proctors instruction within 45 seconds will be logged OUl of the examination ProcmfS may permit 10 additional seconds in simations where they ill Ildr ciretiol1 determine that
10 ~-()
3
4
5
6
s
~IaljJractke
T alkingiS peaklngJvIaki ng Gestmes (could include gestures that indicate to the proctor candidate may be using another demiddotic~middotmiddot looking at chat applications InirrofJ other screen etc ) VindQw ~ u (Accessing any other window other than the test vinoo)
I
Lac Face not Detected (Candidate not present in front of systenl)
-fllltipJe persons detected
i Foreign Device Observed (~vlobileT ab letsCa leuia tors etc)
Candidates observed
II OwnerSlliL I
Proctor l
0_
3
Systell1 Ii
0_
Proctor l _
3
LProctor _
3
Proctor i
Proctor L
P~()ct()r Actim the candidate may 110t hay noticed l11essages i1-0111 the proctor in the course of anc~llpting the exarlination Send tlyo yarnings m the cnndidare If a candidate persists with this be11ayio1[ the procmf shalt inform tbe Super Proctor Super Proctor may recommend t11m candidates should be conracted through the system for clarification or disqualified
Candidate will be loggerl our of the -xal - middotl1hafmiddoto~h at~middot1 c1 _ ~UCh - ~ 1 dllC1UY I
accounts for occasional 0Jc~m popmiddot ups Inacyertent errors)
Proctor may issue to candidates when the first tiw attempts afe detected
Send one warnjl1~ If the candidate does nor reUlrn within 45 seconds tennlnate the candidates examination attempt immediately Proctors Jllay permit 10 additional seconds in situations Where they in theit discretion determine that the candidate 111ay not hay noticed
--warning messages 110111 the proctor in the conrse of Jttempting the examination Send one vaming to the candidate
~~~~
If the other person does not leave imrnediatcly tenninatt the candidateS fxaluination rmempt immediately Proctors shall when comempla ring the abo1e actions account for a PVD candidmes fhm may be
_cHsing b Candidates that mav be 3D faring~p
for the exarnination at test centres
Send one wamin to the candidate If the candidate still persists terminate the candidate5 ~xalnination attempt immediately Send one to the candidate
7
i f--
S~o r HalpnKtke OWllerlthiJ Acflim
Headphones Blueworh _ Check if the candidate is only using it Audio devices for microphones purposes fle
plugged into systel11 as an external 3uaclled microphone bur candidate is not wearing earptcef h~adset)
o If the candida does nor comply with
the proctors instructions rermilk1te the candidate s examination attempr I immediarely_- ----+-_--shy
9 Simulmn~ou5 login Proctor L Proctors will observe rhe picmres of nne1l1pts 11mlriple candidates fr01l1 all such dcices
~0 _ If ir is observed rhar someone other rhan the candidate is using snell other d~vic~s proctor to renuinme the exafn immediately
3 If a candidate is observed on all snch Ideices proctor will flag the issue for
the Super Proctors anenrion Super Proctor nlay recoffilllend that
Ibull bull
candidates be contacted through the system for claritlcarion or disqualified Further investigation posr the examination may be carried out with help of audit togs generated on the SYSTem and lLSIU may disqualify the cundidllle upon such I eXaJlJnation
10 Any other malpractices Proctor Super Proctors Super Proctors may in nor describe above Proclor addition to situations where Proctors
Super Proctors detect any potential malpracrices as described above ask the candidate to perform any of the aceions described ill this column titied Proctor Action at any lime and tU
their discretion III addition to the demits set om in
these Prorocols~ the Super Proctors shall haVe the authoriry 10 disqualify a candidate terminate the candidate S examination attempr in the event they detect any act or onssion that docs nol comply with the requiremems of inregriry of a test of the llamre of the -LAT 2020
~OTES
j Instructiolls will provided to candidates on the rest screen as well as in advance of rhe examinarioll in a Candidare MannaI in relation to sinrariolls such as power ems internet
3
lo~ faiiures The assessment system used for the NLAT ~020 may permit the candidate to continue ansrering the question paper In events of internet failure hoyever this is subject to the Proctors discretion and subject TO the candidate system re-connecting to the examination interface it11i11 the rhlle and in the l11anner stipnlated ill the Oll~$creell instmctions and the Candidate ManuaL lilile every attempt shall be made to ensure that commullications instructions and requests promptly are delhered to candidates during the examination process candidates shall have the responsibility to ensure that they respond to such communications messages instructions and requests promptly
3 NLSIU reserves the right upon conducting a derailed and thorough sCl1lriny ofrhe system reports generated for short1isted candidates after the exanlination to any such candidates test scores in the event the system reports in KLSICs opinioll reveal any act or omission tllat does no comply 1rh the req1irements of of a res of the namre rhe NLAT 2020
4 NLSIU rnay re-iey update these Protocols at any tilne prior ~o the exarninarlon at discretion All registered candidates shall be Infof1ned of such elSlOllS l1pcla~s prior ro time of their examination
0-+ A~exURR-IebullNATIONAL LAW SCHOOL OF INDIA UNIVERSITY
Post Bag No 7201 NAGARBHAVI BENGALURU bull 56C 242 (Old Code No 560 (72) INDiA
T6efax OSQ 2321 31602315 Q532 535 Fax 080 2316 0534 Website VhOIS(1CT EmaM
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J A University for Lega Studies and Research sponsored by the Bar Council of IndJa and established under Karnataka Act 22 of 1986
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
IN WRIT PETITION (CIVIL) NO1030 OF 2020
IN THE MATTER OF
RAKESH KUMAR AGARWALLA amp ANR PETITIONERS
VERSUS
NATIONAL LAw SCHOOL OF INDIA UNIVERSITY
BENGALURU amp ORS RESPONDENTS
APPLICATION ON BEHALF OF RESPONDENT NO1
SEEKING EXEMPTION FROM FILING DULY ATTESTED
ORIGINAL COUNTER AFFIDAVIT
TO
THE HONBLE CHIEF JUSTICE AND
OTHER HONBLE JUDGES OF THE
HONBLE SUPREME COURT OF INDIA
THE HUMBLE APPLICATION OF THE
RESPONDENT NO1 ABOVE NAMED
MOST RESPECTFULLY SHEWETH 1 That the respondent No1 is filing the accompanying Counter
Affidavit of its authorized representative in the present matter
2 That the Respondent No1 craves leave of this Honble Court to
refer to and rely upon the contents of the accompanying countershy
affidavit
loi 3 That due to the situation prevailing on account of corona virus
pandemic the authorized representative of the respondent No1
is unable to get her Counter Affidavit duly attested f notarized
Accordingly the respondent No1 is constrained to file the nonshy
attested signed affidavit in support of the present countershy
affidavit
4 That in the light of the above-mentioned facts and circumstances
which are beyond the control of the Respondent No1 it is
imperative that the Respondent No1 is exempted from filing the
duly attested Affidavit in support of the present counter-affidavit
5 That the present application is made bonafide and deserves to be
allowed in the interest of justice
PRAYER
It is therefore most respectfully prayed that this Honble Court
may graciously be pleased to allow this application and
(i) Exempt the Respondent No1 from filing of the duly attested
original Counter Affidavit and
(ii) Pass such order(s) as this Honble Court may deem fit and proper
in the facts and circumstances of the present case
AND FOR THIS ACT OF KINDNESS THE APPLICANTS AS IN DUTY
BOUND SHALL EVER PRAY
FILED By
~ (KUMAR DUSHYANT SINGH)
ADVOCATE FOR THE RESPONDENT No1 FILED ON 14092020
ItJ1
iN SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
IN WRiT PETITION ViL) NO1030 OF 2020
rnON[HS
VERSlS NnOiIL LNV SCHOO GF INDiA UrJ1VERSiTY
l~G Ul-ZU amp OFS
AFFIDAVIT ) fhO[vlS fv1L Nt Thornas
years at Faculty Quarters Block 2 National ind Nagarbhavi Bengaluru 560072 do afffr and statG on oath as under
the Respondent NO1 in the present
VJith of the case and
affirrn to this affidavlt
2 the contents of accompanying application exenlption are
true correct ~o my Knowledge and belief nOthing rrt3hrial
llas concealed ti
VERIFICATION
at Bengau(u on)~ cay of September 2020 that the
contents of above affidavit are true and correct to my knOWledge and
and nothIng rnateria has concealed therefrom
Re Maintainabilitv
4 The Petitioner No1 claims to be the father of an aspiring law
student However absolutely no materials are placed on record to
depict the said fact Further it is neither averred that the child of
the Petitioner No1 is a minor nor is any material or evidence
depicting his I her minor status placed on record As such the
Petitioner No1 has no right to move the Petition on behalf of his
child
5 Pertinently no student has himself or herself filed any
proceedings calling NLAT 2020 in question before this Honble
Court
6 The Petitioner No2 is the Chairperson of a private law college
viz Vivekananda Institute of Professional Studies Every
institution imparting legal education in the country has an interest
in the outcome of the present litigation The above college is not a
member of the Consortium and Petitioner No2 is not aggrieved in
any manner It is also sad that the Petitioner No2 having been
the Vice-Chancellor has chosen to file this writ petition knowing
28thfully well that holding the exam tentatively on September
would have resulted in a complete washout for NLSIU On the
5 other hand the other 21 colleges would not be affected as they
follow a semester system
7 Without prejudice to the foregoing preliminary contentions
regarding maintainability NLSIU craves leave to submit
regarding the merits of the matter as follows
RE FACTUAL BACKDROP RELATING TO NLAT 2020
Brief Background regarding NLSIU
8 NLSIU is established pursuant to a joint initiative of the Honble
Judiciary the Bar Council of India (BCI) and the Karnataka Bar
Council with a view to create a premier institution of legal
education in India It was set up by the National Law School of
India Society established by BCI Trust as a society under
Karnataka Societies Registration Act 1960 comprising members
of the Bar and legal academics to establish a leading national
institution for legal studies The said society approached the
Government of Karnataka to host the school in Karnataka The
State of Karnataka agreeing to such request enactedthe
National Law School of India Act 1986 (Karnataka Act No22 of
1986) for this purpose (NLSI Act)
9 NLSIU which was established as an autonomous national-level
institution under the NLSI Act is now recognized globally as the
premier institution for imparting legal education in the country to
students from India and overseas
10 NLSIU at present offers the following courses of legal study
a five-year undergraduate programme leading to the award of
BA LLB (Hons) degree
b one-year postgraduate programme leading to the award of
LlM degree
c two years Master of Public Policy post graduate
programme and
d Ph D I M Phil Research Degree programme
11 NLSIU carries out its functions autonomously regulated by its
governing bodies under the NLSI Act in consonance with the
professional legal education standards prescribed by the BCI In
exercise of its said autonomy NLSIU defines its own pedagogy
and the structure of the courses of legal studies to be offered by
it as also various structural elements such as its academic
calendar faculty intake and capacity etcetera
Brief Background regarding Historv ofAdmissions to NLSIU and Genesis of eLA T
12 From inception NLSIU has had autonomy in determination of its
admissions process The mode of admission into the University
was originally fixed by the Executive Council in its first meeting
dated 29081987 to 30081987 wherein it was decided as
follows
I The draft proposal of the Academic Council to Actions have the selection of the students done through will be an All India admission test and interview was taken as approved The procedure for admission Test per the and the selection may be decided by the decision Academic Council and implemented by the of the Director However the Executive Council Executive disapproved the recommendation of the Council Academic Council to pay one-way second-class train fare to the students called for the interview
The Council noted the sample objective type question paper presented by the two experts on the request of Professor Upendra Baxi However the matter for finalizing the test was left to the Academic Council and the Director The Council noted the format of admission Test provided by MIs RC Mishra and CB Dwivedi of Banaras Hindu University as the instance of Professor Upendra Baxi
True Copy of the relevant extract of the Minutes of the First
Meeting of the Executive Council is annexed herewith and
marked as ANNEXURE-R-11 (Page No l-40)
13 Pursuant thereto the Academic Council of NLSIU met on
12121987 and resolved the final procedure for admission True
Copy of the minutes of the meeting dated 12121987 is annexed
herewith as ANNEXURE-R-1I2 (Page No 51)
14 Until 2007 NLSIU was conducting its own entrance examination
for admissions into its various programmes Pertinently even till
date NLSIU continues to conduct its own admissions process for
the MPP programme and Ph D programme mentioned in
paragraphs 1 O(c) and 10(d) above
15 In or around 2007 in the backdrop of proceedings before this
Honble Court in Varun Bhagat v Union of India and Ors
wP(C) No 68 of 2006 a meeting of the (then-existing) seven
National Law Universities was convened by the Ministry of
Human Resource Development to consider implementation of a
joint entrance examination for admission to the said NLUs The
seven NLUs entered into an MOU to conduct a common test
J known as the Common law Admission Test (ClAT) It was
agreed that each participating University shall conduct the exam
by rotation The matter of adopting such a common entrance test
was also deliberated by the Executive Council of NlSIU in its
meetings dated 27012007 and13052007 wherein the
Executive Council directed that NlSIU should ensure it plays a
lead role in implementation of such common entrance test True
Copy of the minutes of the meeting of the Executive Council of
NlSIU dated 27012007 is annexed herewith and marked as
ANNEXURE-R-113 (Page No +)
True Copy of the minutes of the meeting of the Executive Council
of NlSIU dated 13052007 is annexed herewith and marked as
ANNEXURE-R-114 (Page No S 16 Thereafter the ClAT process itself was called in question before
this Honble Court in two separate proceedings ie Shamnad
Basheer v Union of India WP(C) No 600 of 2015 and Disha
Panchal v Union of India WP(C) No 551 of 2018 In Disha
Panchars case where grievances relating to ClAT 2018were
raised this Honble Court directed the Ministry of Human
Resource Development to appoint a Committee to investigate
1o CLA T 2018 suggest remedial measures and look into future
arrangements for the exam and this Honble Court also observed
that the idea of different NLUs conducting the exam each year
needs to be revisited In Shamnad Basheers case four issues
were raised regarding CLAT namely (a) the decision of the
Universities to conduct the exam in turn by rotation (b) the
quality of the exam itself (c) the integrity of the exam and (d)
issues relating to accessibility particularly amongst
underprivileged segments of society
17 The concerned NLUs in this backdrop and independently of any
directions of the Honble Courts in the said proceedings resolved
to establish a Permanent CLAT Secretariat at NLSIU Bangalore
by incorporating a registered society namely the Consortium of
National Law Universities A plain reading of the Memorandum of
Association and Bye-Laws of the Consortium clearly
demonstrates that the objectives and purposes for which it was
formed were multifarious in nature and not restricted to
conducting the entrance exams The concerned NLUs further
decided that the said society would be responsible for conducting
the exam under the leadership of the Consortiums Executive
Council Based on the said decision the Respondent NO3 (the
Consortium) was formed as a society under the Karnataka
Societies Registration Act 1960 NLiSU was given a central and
prominent role in the Consortium and it was decided that the
Secretariat would be permanently located at NLSIU Bangalore in
order to address the concerns raised in Shamnad Basheers
case
18 The Petitioner in the said case however(relying on an Expert
Committee Report submitted in Disha Panchals case
recommending that a government agency be mandated with
conduct of CLAT sincemiddot rotation-based implementation by
individual colleges was undesirable which Report had been
submitted prior to constitution of the permanent Consortium
Secretariat) pressed for the National Testing Agency to be
entrusted with conducting CLAT This Honble Court vide its
latest Order in the above proceedings dated 28112018 directed
the Ministry of Human Resource Development to convene a
meeting amongst the stakeholders to consider this prayer True
Copy of the order dated 28112018 in wp(C) NO600 of 2015
12 titled as Shamnad Basher Vs Union of India is annexed
herewith as ANNEXURE-R-1f5 (Page No amp-I-J) However thereafter there have been no further proceedings in
the said case
19 As is clear from the foregoing establishment of the Consortium
and CLA T were purely voluntary decisions taken by the
respective NLUs pursuant to deliberations amongst them and in
order to resolve issues and concerns that had been raised by
various stakeholders including in the afore-described
proceedings before this Honble Court Further and specifically
to the best of the Answering Respondents knowledge - and on a
perusal of the various Orders of this Honble Court in the
aforesaid proceedings- it is crystal clear that this Honble Court
did not issue any directions to establish or implement either a
common law entrance exam or a Consortium of National Law
Universities In fact even the Petitioners do not rely on any such
Orders
20 The voluntary nature of participation in the Consortium and
consequently CLAT is also established by the fact that the Bye-
Laws of the Consortium itself provide for voluntary withdrawal
13 which could never have been permitted if the Petitioners
contention that it was the result of Orders of the Honble Court is
correct
21 NLSIU as a party to the deliberations amongst the NLUs
described above has been at the forefront of implementing
CLAT and also taking continuous measures to enhance and
improve the CLAT admissions process right from the inception
and till date
Events relating to CLAT 2020 Inordinate Delay in Holding CLA T 2020
22 Even for the Academic Year 2020-21 NLSIU actively partiCipated
in the announcement and implementation process of CLAT 2020
23 As per the original schedule for CLAT 2020 the exam was to be
conducted on 10052020
24 However starting from March 2020 and thereafter the
Consortium resolved from time-to-time to reschedule the CLAT
2020 due to the COVID-19 pandemic as follows
Date of decision to Rescheduled Rescheduled Decision reschedule from - Date to- Date taken by
21042020 10052020 21062020 General Body
18052020 21062020 To be notified Executive Council
14shyI
29062020
05082020 I
10082020
28082020
NA
I
22082020
NA
07092020
22082020
To be notified
07092020
28092020
Executive Council
Executive Council
General Bodv
I Executive bullCouncil
25 As is clear from the foregoing CLAT 2020 which was originally to
be held on 10052020 now stands delayed by more than four
months to 28092020
26 The aforesaid decision to postpone CLA T 2020 to 28092020
would have compelled NLSIU if it were to rely on CLAT to
complete its admissions to declare a Zero Year ie forgo
admissions into the first year of its BA LLB and LLM
programme for the reasons explained hereafter
27 NLSIU amongst 23 NLUs is the only NLU which maintains a
trimester system-based academic calendar The trimester system
is implemented as per the decision of the Executive Council of
NLSIU in its 4th meeting held on 11091988 The Executive
Council in the said meeting decided that each Academic Year
shall be divided into 3 academic terms of mandatory 70 working
days each True Copy of the relevant extract from the Executive
S Committees Resolution dated 11091988 is annexed herewith as
AN N EXURE-R-1 16 (Page No J)
28 The requirement to hold mandatory seventy working days in each
trimester rests on the fact that NLSIU offered a novel integrated
five year dual-degree programme that would otherwise take six
years to effectively deliver In this backdrop in order to comply
with applicable UGC guidelines and justify a five-year
programme the University devised a trimester-based model
which could sustain the additional workload and justify the five-
year timeframe The same therefore necessarily requires an
academic year to be at least 285 days long (even if the usual 15
days break at the end of each term required for evaluation and
analysis is reduced to 5 days) A detailed note explaining the
aforesaid timeframe required for completion of an academic year
are annexed herewith as ANNEXURE-R-17(Page NOT~
29 Therefore the requirement to complete 285 days in the Academic
Year 2020-21 coupled with the requirement to start the next
academic year (2021-22) on 01072021 meant that NLSIU has
to start its first-year classes for the Academic Year 2020-21 by no
later than 18092020
I 30 Pertinently the impact of delays in CLAT on academic calendars
is not only real but also felt by other institutions For example
Nirma University which conducts its LLM programme on the
basis of trimester system was constrained to withdraw from
CLAT 2020 due to the delays in conduct of the same True Copy
of the Communication of Nirma University to the Registrar of
NLSIU dated 12092020 is annexed herewith and marked as
ANNEXURE-R-1S (Page NO-=t-)
NLSIUs Efforts to Complete Admissions through eLAT 2020 Process
31 NLSIU in view of the need to complete admissions and
commencement of the course by 18092020 made substantial
bona fide efforts to convince the Consortium to facilitate the
conduct of CLA T 2020 in a timely manner
32 The Respondent No2 has in his Counter-Affidavit laid out the
efforts made by him to avoid postponement of CLAT 2020 NLSIU
adopts the averments made in this behalf in full True Copy of the
table prepared by the Respondent No2 and produced in his
Counter-Affidavit describing the said efforts is annexed herewith
as ANNEXURE-R-19 (Page No i1f~
33 Further in light of the repeated delays when CLAT 2020 was
postponed on 28082020 to 07092020 NLSIU also proposed
several alternatives to the Consortium which would enable
universities to complete their admissions within the timeframe
required whilst leaving it open to members if they so choose to
delay their admissions process The options furnished were (a)
for NLUs to proceed with their own admission process for 2020shy
21 (b) allow for CLAT 2020 to be conducted in two series so that
Universities may choose an earlier or later date and (c) for NLUs
to admit CLAT-enrolled students to appear for separate exams
conducted by the NLUs with no further need for registration or
fee payment However the members of the Consortium did not
agree to any of the alternatives suggested Subsequently on
10082020 the General Body of the Consortium met and
decided to hold CLAT 2020 on 07092020 If CLAT 2020 was so
held it would have enabled NLSIU to complete the admissions
process in time to meet the requirements of its academic
calendar
Faculty and Executive Council Decision re Alternative Admissions Process Announcement of NLAT 2020
34 The Faculty of NLSIU at their meeting dated 06082020 had
considered a short presentation made by the Registrar of NLSIU
on the effect of the postponement on NLSIUs admissions cycle
and academic year and noted the dangers of a Zero Year
including loss of talent to the University loss of opportunity by
students to study at NLSIU and monetary losses over 5 years
The Faculty in this backdrop unanimously resolved that NLSIU
needed to take all measures necessary to avoid a Zero Year
True Copy of minutes of the faculty meeting dated 06082020 is
annexed herewith as ANNEXURE-R-110 (Page NOI)
35 As the continued delays in CLAT 2020 would frustrate NLSIUs
academic calendar the Executive Council at its 91 51 Executive
Committee meetings dated 12082020 and 18082020 resolved
and directed the University to implement an independent
admissions process if the CLA T 2020 was further delayed beyond
07092020 True Copy of the draft minutes of the 91 s1 Executive
Council meetings dated 12082020 and 18082020 is annexed
herewith and marked as ANNEXURE-R-111 (Page NO +- tamp)
Efforts taken to Implement NLA T 2020 Effectively with Engagement of All Stakeholders
36 NLSIU being left with no other alternative had to act with alacrity
to complete the admissions process and commence classes by
18092020 and avoid a Zero Year
37 In this backdrop and pursuant to the directions and instructions of
the Executive Council at the meetings dated 12082020 and
18082020 to devise alternative methods to complete
admissions the Respondent No2 convened a Admissions
Committee to consider the modalities for completing admissions
The Admissions Committee considered three options for
admission for incoming students First a centre-based computer
entrance examination Second a home-based online examination
for all students and Third a three-stage process providing weight
age to 10+2 marks online entrance examination and an
interview
38 The Admissions Committee in weighing the feasibility of the
aforesaid options took into account all relevant factors including
the time constraints and costs the requirement to ensure that
candidates are not put to any undue disadvantage as a result of
the decision and also the prevailing practice of NLSIU prior to the
introduction of the CLAT to conclude that an entrance test
conducted online at the earliest and with the lowest possible
application fee would constitute the most fair transparent and
accessible admissions process in the above circumstances The
Admissions Committee expressly noted that the said approach
would be in line with the decision of the Executive Council in its
meeting dated 28081987-30081987 as also the subsequent
decision dated 12121987 of the Academic Council whilst
implementing the aforesaid view of the Executive Council (which
decisions are more fully described hereinafter)True copy of the
Report of the Admissions Committee is annexed herewith and
marked as ANNEXURE-R-112 (Page No S=J) 39 On 31082020 NLSIU convened a Faculty Meeting and the
proposals of the Admissions Committee were duly deliberated
and accepted The Faculty unanimously agreed that a separate
admissions procedure would be in the best interests of the
students and NLSIU True Copy of the minutes of the Faculty
2 Meeting dated 31082020 is annexed herewith and marked as
ANNEXURE-R-113 (Page N0-11)
40 Pursuant thereto the Vice-Chancellor formed a team consisting
of faculty members and professionals to finalize the modalities of
the examination and also appoint after evaluation the
appropriate service providers to facilitate the conduct of the
examination
41 Thereafter once these actions were completed by the said team
and the modalities were frozen the Respondent No2
communicated I caused to be communicated through the
Registrar the final arrangements to the Nominee of the
Chancellor the Executive Council the Faculty of NLSIU and also
the Consortium itself The details regarding the same as also the
conversation between the Respondent No2 and the nominee of
the Chancellor of NLSIU are averred by Respondent No2 in his
Counter-Affidavit NLSIU craves leave to adopt the said
averments True Copy of the Communication dated 03092020
regarding NLA T 2020 issued to the Nominee of the Chancellor
and Executive Council members is annexed herewith as
ANNEXURE-R-114 (Page No ~V
True Copy of the Communication dated 03092020 regarding
NLAT 2020 addressed to the Faculty of NLSIU is annexed
herewith as ANNEXURE-R-115 (Page No -1) True Copy of the Communication dated 03092020 regarding
NLA T 2020 addressed to the Consortium of National Law
Universities is annexed herewith and marked as
ANNEXURE-R-116 (Page No It)
42 Therefore the decision to hold NLAT 2020 was notified on
03092020 only upon completing the processes described
above and with due and full disclosure to internal stakeholders
the Executive Council as also the Consortium itself
43 It is in the above factual backdrop and pursuant to permission
granted by this Honble Court in its Order dated 11092020 in the
above proceedings that NLSIU has implemented NLAT 2020 with
a view to avoid declaring a Zero Year
RE LEGALITY OF NLAT 2020
Re Statutory Power of NLSIU to Convene NLA T 2020 Scope of Executive Councils Powers under Statute
23 44 NLAT 2020 is implemented by NLSIU in the aforesaid factual
backdrop and in exercise of its statutory powers and functions
Pertinently it is implemented pursuant to and in terms of the
express decision of the Executive Council in the 91 stExecutive
Council Meeting wherein in the second session of the said
meeting held on 18082020 it was resolved as follows
The Executive Council unanimously reconfirmed this resolution to empower the Vice Chancelor and the University to conduct an independent admission process in the event that CLAT 2020 is delayed furthet
45 The power of the Executive Council to make this decision is
manifest from Section 10 of the NLSI Act which provides as
follows
10 The Executive Councilshy
(1) The Executive Council shall be the chief executive body of the School
(2) The administration management and control of the School and the income thereof shall be vested with the Executive Council
46 Even as per the settled law laid down by this Honble Court in
TMA Pai Foundation v State of Kamataka (2002) 8 SCC 481
the right of the educational institution under Article 19(1 )(g) of the
Constitution as recognised by this Honble Court encompasses
the right to admit students In the said Judgment at para 50 this
Honble Court held as follows
50 The right to establish and administer broadly comprises the following rights
(a) to admit students (b) to set up a reasonable fee structure (c) to constitute a governing body (d) to appoint staff (teaching and non-teaching) and (e) to take action if there is dereliction of duty on the part of any employees
47 As a matter of historical practice as well the Executive Council is
the supreme authority which is empowered to take decisions as
the chief executive body of the school The same is evidenced
from
a The decision of the First Executive Council meeting dated
29081987 - 30081987 wherein the mode of admission
is decided (produced above as Annexure R 1) and
b The decision at the Executive Council meetings dated
27012007 and 13052007 regarding admission through a
common entrance test (produced above as Annexure-R-13
and Annexure R-14 respectively)
2S 48 It is therefore indisputable that the determination of the method
of admission to NLSIU vests under the statute with the
Executive Council
49 The related contention that the Executive Council cannot decide
on the mode of admission without reference to the Academic
Council is misconceived The said contention is asserted on the
basis of conditionality imposed by the Second Proviso to Section
13 of the NLSI Act requiring that the Executive Council seek the
concurrence of the Academic Council before making amending
or repealing any regulations regarding the mode of enrolment or
admission of students As is clear from a plain reading of the said
provision the requirement for prior concurrence arises when the
Executive Council exercises its power to make regulations
50 In the present case there are no extant regulations in place
regarding or in respect of admissions into NLSIU
51 It is well-settled as per the law laid down by this Honble Court in
PTC India vs Central Electricity Regulation Commission (2010) 4
SCC 603 that the executive or administrative power vested in a
body under statute can be exercised independently of and
without recourse to subordinate legislative power vested in it
under the same statute In the present case the Executive
Council has exercised its executive or administrative power
which is not conditioned in any manner
52 The other contention sought to be urged in this regard that the
Vice-Chancellors decisions to hold NlAT 2020 do not fall within
the scope of are not authorized by the aforesaid decision of the
Executive Council dated 1218092020is also misconceived In
the first instance the said contention is wholly false for reasons
stated in the Counter-Affidavit of the Respondent No2 (the Vice-
Chancellor of the Respondent NO1-University) and the same is
fully reiterated herein In any event the said contention is also
untenable in law in view of Regulation 12 (re the Executive
Councils powers of delegation to the Vice-Chancellor)
Regulation 18(2) (re the Vice-Chancellors powers co-extensive
to the Executive Council) and Regulation 18(5) (re the
emergency powers of the Vice-Chancellor)
Re NLSIUs Power and Right to Conduct an Alternative Admissions Test to CLA T 2020 is not Constrained bv Orders of the Honble Courts
2~ 53 NLSIU adopted CLAT for purposes of admissions on a voluntary
basis
54 It is denied that there are any judicial directions to the NLUs to
hold CLA T In fact the Rajasthan High Court in respect of a
prayer for directions to NLU Delhi to admit students through
CLAT refused to do so in the case of Law Prep Tutorials Pvt
Ltd v Union of India DB Civil WP(PIL) No 754 of 2017 by
holding as follows
So far joining or not of a particular University in the Common Law Admission Test is concerned as at present we are unable to find any specific legal requirement where for any particular University may be directed to join the Common Law Admission Test by the Court Further the issues as to how the admission process and the examination process is to be conducted are required to be left for the decision and execution by the organising University Therefore as regards prayers Nos 4 and 5 we are not persuaded to entertain this petition
[Emphasis supplied]
55 The convenor of CLAT at that time viz Gujarat National Law
University was a party to the above case Therefore the
Consortium now cannot contend that CLAT is a mandatory
requirement for NLUs which contention is squarely contrary to
the aforesaid finding
56 In fact the Petitioners themselves do not rely upon any directions
of the Honble Courts in relation to establishment of CLAT or
adoption of the same The reference made to the Preamble of the
Consortiums Memorandum of Association in this behalf is
misconceived The language therein clearly depicts that this
Honble Court directed the Ministry of Human Resource
Development to convene a meeting amongst NLUs and the NLUs
then proceeded to consider the matter and resolved voluntarily
to conduct the CLAT exam The relevant recitals in this regard
as extracted below
AND WHEREAS on the direction issued by the Honble Supreme Court in Varun Bhagat v Union of India [WP NO68 of 2006 decided on 23112007] and due deliberations made by the University Grants Commission Ministry of Human Resource Development Government of India and the Council with the first seven NLUs the idea to conduct a combined test for all the thenshyexisting NLUs was conceptualized
AND WHEREAS seven existing NLUs in the year 2008 signed the Memorandum of Understanding dated November 23 2007 [the MoU] to hold a combined admission test to be organised by an NLU on rotation basis in the order of seniority
57 There are no Orders whatsoever in any of the proceedings
before this Honble Court requiring that CLAT be implemented It
is reiterated that the Petitioners themselves have neither referred
to nor produced any such Orders
58 The fact that the decision to stop implementation of the exam by
each participant-NLU on a rotational basis the establishment of
the permanent consortium and the inclusion of new universities
did not require any approval from this Honble Court also belies
the contention that the requirement to conduct CLAT arises from
Orders of this Honble Court
59 Further the fact that directions for modification of the process are
sought in Shamnad Basheers case have been entertained
without requiring the Petitioner therein to file a Review Petition
also establishes the said fact
Re Bye-Laws of Consortium
60 The contention that NLSIU is bound to admit students only
through CLAT in terms of the Bye-Laws of the Consortium and
specifically Bye-Law 1533 is entirely baseless for the following
reasons
c The Bye-Laws are a subordinate charter document binding
on the members The same cannot detract from or inhibit
the plenary statutory power conferred on the Executive
Council by the NLSI Act
d In any event Bye-Law 1533 relied upon by the
Petitioners does not have the effect as claimed by them
The said Bye-Law merely requires members in order to
eligible for membership to the society to adopt CLAT as a
mode of admission When read keeping in mind its object
and purpose the said Bye-Law cannot be construed to
require any member of the Consortium to admit students
only through CLAT even if the CLAT is not held ie the
Bye-Laws can never require a member to not admit
students at aiL
e In fact the Consortium itself has not understood or
implemented the Bye-Laws in this manner as is apparent
from the fact that all the NLUs are admitting students into
various programmes carried out by them (other than BA
LLB and LLM programmes) throughout without reference
to CLAT Therefore it is clear that all admissions to the
3National Law Universities are not on the basis of the CLAT
exam Therefore the contention that Clause 1533 of the
Bye-Laws compulsorily requires admissions to be based on
the CLAT is untenable and without basis
f Even assuming without admitting that the Bye-Laws have
the contended effect the same can only be actionable at
the instance of the society or any other members
Re NLAT Process
61 NLSIU as demonstrated above has the right to conduct its own
admission process in terms of its own statute In exercising this
right NLSIU has taken immense efforts and steps to ensure that
the test is lawful and also fair and reasonable
62 In the first instance the NLAT 2020 meets the triple test ie it
must be fair transparent and non-exploitative The NLAT 2020 is
fair insofar as it ensures an examination process that is
intellectually rigorous and meets the standards of integrity in order
to suitably judge the merit of ali candidates The selection of
candidates is based solely on their scores in the entrance exam
It has also been designed and implemented in a transparent
3) manner The examination is transparent as details thereof as
also the reasons therefore have been set out in detail through the
impugned notification NLAT 2020 is also implemented in a non-
exploitative manner by limiting the application fee for the test to
just RS150- for general candidates and Rs125- for SC and ST
candidates in order to ensure that students are not put to financial
burden due to the NLAT Further since the exam is an online
home-based examination students do not need to physically go
to an additional test centre
63 Apart from the same the authorities have also taken various
measures to ensure (a) accessibility and (b) prevent malpractices
These include
g NLSIU significantly relaxed the technological requirements
for candidates allowing them to take the examination with
minimal internet speeds and using a wide variety of
devices including Android smart phones and tablets
NLSIU also made available as many as 33 physical test
centres across the country in order to provide access to
students lacking the necessary infrastructure to appear for
~3 NLAT 2020 from home NLSIU further ensured that
necessary health and safety protocols were rigorously
adhered to at the said physical centres
h With a view to prevent malpractices NLAT 2020 is making
use of a combination of AI-based and human proctoring
Additionally the test structure has been designed in a
manner that minimises the possibility of candidate
malpractices This includes candidates not being able to
revisit a question that they have already viewed and moved
past and the randomisation of the sequence in which
questions are displayed to candidates Furthermore the
questions for the NLA T 2020 have been drafted in a
manner that requires interpretative answers which
minimises the utility of referring to the internet or other
sources for answers Since the examination is an online
examination all relevant data (including webcam recording
sound recording keystroke information data relevant for
facial detection window switches etcetera)necessary to
detect malpractices are stored and available with NLSIU
The said data will be critically reviewed and analysed prior
to completion of the admissions process Therefore even if
any malpractice has occurred the same will not and
cannot result in a student gaining admission to NLSIU
through unfair means The Proctoring Protocol established
by NLSIU to effectively detect candidate malpractice is
annexed herewith as ANNEXURE-R-117 (Page NO
64 Pursuant to the aforesaid efforts made by NLSIU to ensure
admissions to its programmes and avoid a Zero Year and
pursuant to the Orders of this Honble Court permitting NLSIU on
11092020 to conduct NLA T 2020 a total of 23225 UG
candidates and 2846 PG candidates appeared for the
examination on 120920200f this number a total of 122 PWD
candidates appeared for NLAT 2020 True Copy of the press
release issued by NLSIU on 12092020 depicting the said facts is
annexed herewith as ANNEXURE-R-118 (Page NOD4-)
65 In order to address any concerns that may arise amongst
candidates who have taken the exam NLSIU has also
established a three-stage comprehensive redressal mechanism
comprised of
i Technical Review Committee This Committee is
constituted to consider queries raised by candidates
regarding any technical difficulties in the NLAT 2020which
could be raised online within the web portal itself The
Technical Review Committee consists of Dr Sony
Pellissery Dr Kaushik Babu and Ms Apoorva Gupta
j Objections Committee This Committee is set up to
consider objections submitted by candidates in response to
the Answer Key for NLAT 2020 The Universitys
Objections Committee comprises Prof (Dr) Sarasu Esther
Thomas Prof (Dr) Mrinal Satish Prof (Dr) Arul Mani and
Assistant Prof (Dr) Bipin Sony The Objections Committee
will release the Final Answer Key on 14th September 2020
k Grievance Committee This Committee is constituted to
address any grievance raised by candidates who appeared
for NLAT 2020 following the announcement of results It
comprises Honble Justice Nag Mohan Oas Prof Babu
Mathew and Prof (Dr) Sarasu Esther Thomas
66 A small number of candidates made submissions to the Technical
Review Committee that they had faced technical difficulties during
the exam In order to eliminate any apprehensions of these
candidates that technical issues would affect their outcome
NLSIU has offered them an additional slot on 14092020 to take
the examination subject to stringent conditions to ensure integrity
of the examination All measures to avoid malpractice are
implemented in respect of this additional slot as well
67 The fate of these students is now entirely dependent on the
admissions processes being completed as per the aforesaid
schedule and commencement of the academic year on
18092020 Unless the same is done NLSIU will be constrained
to declare a Zero Year Consequently not only will 120 students
lose the opportunity to join their studies at NLSIU (or at the very
least lose one year in order to apply again next year) but the
same will also impact admissions in all other NLUs since - as the
first preference law school for most - the Zero Year at NLSIU will
have a cascading effect on all admissions to all NLUs
68 Hence there is no legal or equitable bar to conducting the NLAT
2020
69 It is submitted in this context that NLSIUs inability to complete
admissions will irretrievably damage the University and result in
significant impact on not only its finances but also the public
perception of the university Moreover the same will have a
cascading effect on the effectiveness of NLSIUs academic
programme and result in loss of an entire batch of graduating
lawyers in five years time All of these adverse consequences
will impact NLSIUs standing in the legal education sector
70 Hence it would be in the interests of justice and equity that
NLSIU be permitted to release the examination results of NLAT
2020 and complete its admissions so as to commence the
academic programme in a timely manner and as per its revised
academic calendar
It is therefore submitted that the present Writ Petition may be
dismissed with exemplary costs
I
DEfi~tifiNtTi~ VERIFICATION
p~) 8atl N-lti 20t 14301 Verified at Bengaluru on this 14- th day of September 202~th~fthe
contents of above counter affidavit are true and correct to my knowledge
and belief based on records maintained by Respondent No1 in the usual
course and nothing material has been concealed therein
Icti )n Tacn 6 AN-e)(~~ ampcent
Th Council noted the QrcDos~l to hmiddotve thE Fmiddotc-jernic ltct ivi ties frorrshy th comincly~r
1 Heiular coursplusmns it ttc undergr~dll2~tc n( post qrdu~te lC-vels l~dinc to decrrccdiplom2
followinq Ph0 )~clt-nif_rh-~-ti~-~s
b- i rc the an~~ vlhr11 (-
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b()o~s 2nd m~t~ri8J3 jshy
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h 1-~ Et rroicsosl of the c(c~dfmj c Counci 1 to 3-21vt the --Ict~)r cf tLc stud~nts dor thrcuclh 2n 11 i adndssi-J t ~t -0-1 if~t rimiddot-t -5 argt~coVid~ Ill to ~dmi--si~n T ft lt~~ t~middot s-J fctiun my t d-cidcmiddotd by t1)c 7c~thrric C8UTci -gt - i -~ltiltc by th~middot Igtir cto[ ~ Hgtw0V(r~( th ExecutivL CcrtJncil
~ j -rgtJ~--il th- nc~)Dnlrdftlon of th c-c3~~m CcunciJ to p Qneuro ~Y ~~co~~ clss tr3in f~r2 to the 5tcdents call~d for the i n ~~ tv i i ~
l~cti~l hdll be th~1 (~cC is j n Cunci]
takn (s p~c
tbr SXG (u t i v~middot
ttlC cxpcrts ob j ect i JC
thmiddot- CCCfU st l-cfessor i3axi
(cr tJ~=- tTFltty of filisino tJ1(~ 1i_st W$ l~~ft to thc rc-r~--it lt ---~()un~il -gtn~ tr2lt ~j r-ctcr~ rb SouDcil not0d tb~--- f03-mt of 1lrpissicp gt1 pcovidoc t~B~H~~~istre And Cf) Dvrivlt~di of E~~- s tinl-t) lJnivccsity middot13 trc in~t~nCl of Professor L- 8lt=1)()
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F)utr0riS2d t(0 DIJTctoy to gtJrit( ~--~n~irjJ tb~-
or cr-j r cGrtrjb~tt on 0r cxpcnslts invGI vLd in ocqgtnisinq c~h t0St tnd intevicTl
nmiddot tc)u11cil porovmiddotd d t middotlllotmDt of 0D ~n~ount not )(_lt0inc rl~ 1~O)CltgtOO Ih Council tllI~U-_~ d~-ci t~t th~~
2~11i[~lon to th~ Is y~r LLS C2S~ b2 limited to 80 slu~~nts - n 4J[ Ll ~~7 ~J~~r thmiddot (-r3Fis~ion b ] imid tc l(i stud1tSb The -p- 1ic3tj()r f~( for ~drission test ~nd intrvi---d r0Y b~ fixed -1 12-~OO for LL~ ~~I thoc-n it Ty bE- CJhlCSC La fs SO- ir t1~middot c~s~ ~f sc~~ C~n~i~~t~s~
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~ 1 c_ a [0- Adrnissiona The Executive Council wAntc~ tn2 ist~r
tmiddotmiddot c-)n Lor tyenit~ tYk (Jv-~nrrnt 5 (11 cS th~ oth~r ~hlcmiddot~ti()n21
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b put Ul di t1i tr-middot ] of t~-~ lCrld-~lic Council in the next rnz-~~~tinG T)- ~chc)CJl CBTl _~ls() cODsicfr tIl tt=rn of Ii pqrcv~-d h-usinq eS 2xisting in Sngli linivrsiti~s till sue] tirJ th c~cl)()l c-~n sst --rp ios O1r1 hostels
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E1f-rts 2)-~ bCin-l rrd(- t) SCCllC_
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~
HHIONA1 11 SCEOOL OF INDIA AMJ(URpound ~21BfJWALORE
MLlutes of the Moeting of the AOpoundlcenio Councjl of the N ional 1(lI[ School of India held at tho office of the Bar Counoil of Ina New Delhi on 12th Doccnoor 1987 at 10-00 Mil
Tho folloWL-1g nenbero were pres SJnt --
1 Shri VC iVIishra 2 Dr S K Bhatnag~ 3 Dr NR Madhvt Monon
Dr K PonnUSWQl1Y1 Deln Faculty of Lnw Delhi 1Jnivors ity
ltt eo the CGGt ing1S S pee Invitee
Dr H R )~8i1hlt)va Menon presideo over tbo iYg
Dr Menon welCOfled the DeDbers of the newly c A l1stituted
Ac e71ic Council aYlO acqunint13d then with tne a~cisiorls Jf
tLe carlier neGtings of the Acadenic Council prior to tbe
estclblisroent of tl1e Sohool under the Act After cotliled
d1souslJions on th baeis cmiddotf the Agenda notes ciroulted e8rliel
the following decisions were t1ldeshy
1 COurses of Stuoy ~~ ~ -shy ~~-------shy
1ts ionnl
COUlSOS of Study lellc1ing tl the following degrcesshy
(lJ) 1m integrnted 5-ycar LLB (Hons) L11 viev of fC1 t118t q gret dell of Soc111 Snce knowlerge vrill be inrrtcd curing tbe 5-yrhr c)trrI3C 1118 Acad eni c CDUYl oil rcc~-)nentied tl1 -ct ~ conpos)(d~-shydegree of BA (me LLB H0ns be cQrferr(l t) the students joiniLg the Nqtimll Lw Solle)l of Inilin
(b) An LLM oogrGe which shall 0xt0tc1 -( )~)C yerr (3- lrincstns)
(c) Ln M Phil (1grae of Que yecr (3~dn0sters) durfti--n c~nstitllting of t8ohing ~nd resc8rcll
(a) 1m LLD progr12ne b(]sed n writtlt5n tlesls fterrJ Phil
Bes os the above cGgroG courseo tho AcCdedc Oouncil
reco---ampnds thmiddott 11 series )f CcntiYLuing Eauc~~i n POt1lS(S Cln
sl)rt aurticl be offerGi by the Nti0n1 Lw Scbmiddot]ofIneia
to levr tGcac~8rs ju(~iot1 Dffioers t aoninistr f)X3 Pltr~
contd 2
2
II BA LLB (Hems) Progr(lme-- -~- -shy
rhe j~cBdcGic COUTIcil rocsrinonos th~t TIl t
ysr only 50 students bo 1(lTdtted t~ the LL3
Irhey r1ny be 8818 ctea ~
purely cn cerit on the b2sis ~f n ~( 8f~ i0n test cncucted at fQur difforent TO (1uring My- 1988 Tho nininlJr eligibility liDS iJn t) S be fbcd t 50 Trks lL 10 + 2 Sc1~oDl 8X2nintiC I tho Pre-University Progrrne progrlrro be trol1ted cs equivlent t 10 + 2 S ooo oxampt Those students Whfi 1rcd f8r the quelify ing exmin 1t Len in 1982 bo leo lloweo to t ke the MirisGim 01 Cl provision~l b~siB ~d they n~v be 018 ii while preprL1 g the rmiddotjerit List provmiddot1Ced middot~V8 psseC t~ie Sqid eX811in~ti8n with 50u t11rkS 6 llC1ts8icn Test be h~seil on en objeotivo typo fluesmiddotlims 1116
fthe tost n~v be fox Hurtirrn of 0 ~~Xmiddot thrn 2 hours middotr11G test crln tnclu~() [ini rw~ bel of qUGstiCTls 7~middotlicb rO(lutres viritten 2J1GlJDrE t J(lniss i)ll t8 the L~~Vl SchoCl bb bnsc(l ~n1y on t~) b +li) ~)f tl-c yritton Aanissian Test
15 of the sets be roserVGc1 pound1 1 (0 ~1 ClfJtcs 1nd 7i- Schedulefl Tribes eVC1 for tl16 reserved Seqt8~ tLe reU1LUd i1nrks ot thc qll)lifying exmination ~Gd upor
er to be eligible for t1-u c2naid-te lilvC sccured 50 DtrkS 3 i11 tes t
tlpplic-blc ven f0r rODDYV 3 s ~ -ts ~
T~~e JC1nis3ion Test 1~Y be 11811 I6gj 8TIf1
8118 it is rec)~rQcc16C b- lccld
I nr nn~ TIn AP n ~ ~t Bng8 t lJYL~J r JL ~)
~ m I n er t 0 olt-nlse AlmiddotZllS810n icsmiddotun pror)-lo tl~e qUGsti8n pSpors frtrlurto tho Gr~~~G ren(1 f inJ1ise
sien List an i~dnission C 0 C)US1OGshyr the Director 0n trec tS8Cgt 1f tlt L_w be C0Dstitutcc by t-~G ecmiddott~)r
ccn1 td __ ~ 3
It is proposed thlt the last dte for reoeipt of lpplic8tions be fixed for 2nd My 1988 1-8 Ldnission Test noy be orgcmised on 29th May 1988 ndtho Selection List Jllnounced by 15th June 1988 Phe dDissim Day be 0)[1p1eted by 25th June [ltnO the cllsses be oODnenoed fron 1st July 1988
A suitable snount IJjly be fixed for the ppliotion forn 2nd the Adnis sion Test Fee
(b) AOlldenic Terns
Ecb Acadenio year be divided into 3 1Ogt1(Iio terns e 2Cb with a uininun of 70 working days -fis 8cadenic tern be called a Triuester Thus the 5-y8fr BA LLB (Hons) Pr ogrmne will hve 15 TrilGsters It is suggested thAt the J~caoenic year nay bgin frclTl 1st July and the caderlic ter12S uay aoopt tho folloWLl1r Patternshy
i) FIRST TRIMESTER - July 1st to Septemiddotbor 30 ii) SECOND TRIMESTER --- October 15 to JAllury15
iii) THIRD TRIMESTER _Jnuary 30 to April 30 (c) Oourses and their distribution
Eaoh Trinester nay carry not nore thM 4 courses with a totp~ of 12 credits distributed Ro00tdine to the inpOrtance and coverlge of the courses Jhe subjects courses fer study for the 15 Trinesters be 2S follows
~_~T TRIME3J1ER (FIRST YEAR)
11 Leg~l Professicn in Indian Society 3 or 12 Legal Method and M~terialS 2 cr 13 Law 8l1d Politicl Orgqnization 3 cr 14 LaW and MJrket Econoy 4 cr
SECOND TRIMESTER ---~----~--~-~ 25 Law in Historicl1 Developnent 3 cr 26 Responsibility for Injurious Conduct 3 cr 27 Lqw end Socil Orgemizotion 3 cr 28 Law c~d Agricultural Deve10pnent 3 cr
THIRD THIMESTER ---~---~--
31 L2W 8nd Intcrl2tion1 Relations 3 or 32 Law ~inorities mil Vc8ker scctiolS of
Society 3 cr 33 Civil amp Crininal Procedure-I (Oourt Systen) 4 cr 34 Eldctive Clinical ProgramplJJe 2 cr
C~)l ~d 4
--bullbull
4
9P~1 )2E1llEsect lER ( (13~f~~X~lE__ ~~l~~E~)_ 4 1 Hunn Rights Soci31 Jus-nice nno LSVi 4amp 2 Low 2nd S oci_~ Oontrol - CriLle and
PUllisl1DDnt 43 Civil41d Crininal ProceDure II 44Elective Clinicl Prog1flne
rUTH THIMw~ER----shy --~-- ~--~
51 Cririnal Lw~ Clini1Dlogy amp SDcb DLmse 52 LV nri 1~_ 1lJLy TI81st i0nJ3 1 53 Lqw Plnn jng 8 Ec~rnDnic DevelJcent 54 Contractu1 Rel(]tiirs an(1 RoneHes
(Spec ifjc Reliefs)
SIXTH rR IMES TER -~-----
6 1 N~n--Cririnq_l InjuriDus C~-nnuct ~ni of Torts
62 L8W (lud PYlily Reltims II 63 Law rmd Il1lustril Dcvelopnent 64 IUective Clinic Progr~nne
SEVENTN lE Ir1ES lER -~ ----~- -lt~~ -~-~--
71 L-w nnn Urb~1i1 Devel-prtEHrt 72 Politic Proc()ss il1il Cm$titutiDn~l
Devclopnent 73 Cns tit ut ionCll L_I 74 ~id8nco LAW
EICin TIi IRSScIER-~- ~----~ pl C0 np-YlY Lgw nnc1 Lrw 0f CO-ClpGrDtivos 8~2 PO0Tty LlW 83 Constituti~)nl 18W amp Litig1tiorl 84 Elective Clinic~l Pr~grgtire
r I~tTLtR]l~~ER 91 LwJ c)f Ins ur n es 92 TAx0tjDll L1w ~nd Public fiJ1rrnC C 93 In -1 Grn ~~t j n1 oer 80 e Law 94 Elective Clinic~l ProgrBLr1B
TENTH TRDillSrER (FourtL yer betdnilL ------~ - ----gt-- -~ 101 Leg~l Theory 102 Lmiddotbour LtJw 103 Mrinistr~tive Lw 104 ElectiVEl Olinicgt 1 Progrlrll1e
4 cr
3 eT ~ 3 eI 2 1
3 er 3 cr 3 cr
3 cr
3 cr
3 er gt1 cr 2 or
3 cr
CT 4 cr 3middot ex If
0 ~~
3 cr 1 Cr
c ) cr
3 cr Ac cr ~ cr 2
cr
4 cr 3 CT
cr 2 cr~
CUEto ~5
5 cr11~1 h -z cr~11~ Int~llectumiddotl
J13 lril1nl-I )1 Int rr ~ t t i1
4 CT 2 cr
l2 1 In t BI i l~ 3 cc
3 cr 12 ~3 L[JVI -nd Public C 3 cr 12( Electiyes 2 cr
13 1 Ct)r-JP1TQtivo LnN 2 eX 132 Itltlw PQverty rtlG S )c if~l Ch~ngc 3 cr~ 13 3 Lrm0 R0fcrn Liws nn0 liurnl DVG l~Yp iJrli 4 cr 134 Sctdnlir-Eloetives (to be lnnDUl1C()[1) 3 cr
~fJj1t~~~]~~ li l Public Intlt~rntrtiL~nnl Itlw-Int2TxL1L jA J
OrGn or~
112 ctiVi (jlurse 3 cr bull bull3 i1tjtiltn -f (lus ~iCi3-jt~te amp UyltLon 3 cr
l~~ ))rin -CiVeG (to he r1poundJrtiunc j 3 cr
cr bull 15~2 ~))cil bGUTity ~1rj t1~c Lq7JD cr 15~3 1rlrinstrdt)l~ II Jurrcice C ~Lre -]
til) I1IX Ili r1l ~i0 3 cr ~154 ~orlin~3 - c)iv(1S (t~) h( 11 3 cr
( middotb)V~ Bistx ibutin1 subjectB 18 t ~ii ~ middot~jYD +
Dllril1B tIl ~~r c-f cursc =-) dujc-cr be rG~rn RubstitOt0d ~r rCViL~ 1 ~lmiddot(i--middotr tD c~plctGly profJ8si~rt11 rvo i-l1 ~ Tl~l
LGndIt 10Vi utoD pnJ3S QU ~ iC)1
I 6
rhe DsdiuD 0f instruction 8l1d exaniY13tion in the lrl8h81 Law SchoDl sll111 be English ctlecst unt i1 C nctjonl lmglryeis ad opted for Rdiinistration of justice in t Scrprcne Collrt
(e) Ellpound~~tljty fDr cL~sectE~G fJ10 0x8r1tnatiDl1 sydoI1
In order tl be eligible for the dcnpostiiicc[CCC of RI LL8 (Hons) C~ch student win h~ve to t~kC C(lllXses fsX lt1 grrmd tot ~1 of 180 erea its in ) ye etXa bull
The norn)l p~ttGrn cd GX1ninntion will be ~ 1xittJTl test t the end of onc11 Trinester However in middot)middotmiddotl)ollri)le cases Intern(~di8Ge exnrJlltltion nne continuii1~ eV11utiCTl cy be ptilS cribed in different CSllrses
The exaninntion process will be entirely int Inl to bo dono by the totchors giving tho CGurSGs If sttvlcntc_
is dis-s1tisfied with the grfl(10 warded tw l bo ~11ow0fi to withdraw it in writing within 10 dWS thC11uounce-shyDG1Yt of the rosult He c~m inproVG it in t~c noxt cxninl~ tiorl ccorcing to tho rules prescriber] thcnt))
There shnll not be ~v eX8nin[til foe colloctomiddot- fr0- the stuc10xrts DClr there will be nn exaTiinaticm rcbuJJcrItirm given to the telchors
111oro shall bo an Exninutin C8Ul1ttee C0UEtjI1td by the Dircctlr for Bch ye~r with not loss th-n f t~r1ors of the NL3 by rot1tion Every tC 0 chol wj n JvLk tmiddot thG EXfninrjti~n COllJ1ittGO rt the bC[innil1g )1 Gcgt tr 1 nesteX tho Dutlme of the course ho is t0901-inr Tl1if1middot() plrm 110 j8
9~uimiddot ~1~ ev~I~t nn smiddot~avmiddot tJ c oLlrn
outline as well 18 thli 8vlurti)n scteDc will JI) )110 Rv8t18ble t) tl1C students st the bcgLl1nlng ~f t Prif1GstoT itsulf Cor1plnints regllIdingthe eV(ll11n-Gion [111 he sont ~() the EXfC11mntion CO[]littoG wllich will n~ko JuH~l() rliCClr1iJOnBtions on it withjn 1 fntnjght to t~) J)jrcctJr whose d(~cis ion there)n shql1 be finJl~ The )iX(ctD1 lOW()VOl-
wtl1 roport to the AC1dcrJjc Council Meottnc rcorrJ qf flU(h conp1nintg qno tict icn -Clken t~GreDn
~~ t 4n a Lvfl~r -1 U(ltVA-lJ Aiv uu OJ v p~rf~rr1 bull 1 Jl ~ middot1 I t ~ti
The evall1at bn systcn in tho N1S senll bet nm(h gTrc10S
in a Seven-point scole which will be IS f0110W~~-~
bull bullbull bull bullbull bull bullbull bull bull bull
(4~(ii
( iii) (iV~(v
(vi) (vii)
(f)
( )
7
outstanding (0) 70 und ~OVG A + bull bullbull bull bullbull 65 to 7 I A bull bullbull bull bullbull 60 to 65 B+ bull bullbull bullbullbull 55 to 60 B bull bullbull bull bullbull 50 to 55 C+ 40 to 50 c Below 4(~
~
In order to be declered successful in my course a student will h~ve to secure ~ny of the-ffr~t fiveshygrades Above given Those who re p1r-ced in C+ no C c1tegories will be accued to h1ve if-liled in eu oourses
Pronotion Rules
ProDotion iron 1st Tirlester to second Iriafster rome fra 2nd Trinester to third Trirlester will bG utotio irrespective of the rsults in the vnriou8 lxnoml1tion However pror1otions to the Fourth Tritlester 81111 be only to those who h~ve suooessfully aloorod rctlelst ten out of the 12 Cl)urses in the earlier three Trirlesters If a student has fdled in three or nore courses in the first three Trinesters tAken together he slnll be aaimed to have disqualified tQcontinue lS q stunent of the NIB In t1e case of those who cleared ten courltes out of the twelve they lJlY ltlpear in the renaining two oourses AS
Ex-students while continuing as ~ regu13r student in the seoond yeer
Sirilarly student DBY be autooatiolly proDoted frcrl the fourth to the 5th mn 5th to 6th doritlg tho second yenr His proDotion to the third year 1 e to tH 7th Trinester shlttll be only if hl sucoessfully olellrs a llinLlUn of 20 COlrses
The sane Patterns will be followed for pronotion fron the second year to the third year lnd fro tlirCi ye-r to the fourth year ffilO iron fourth yOll to the fifth year
N~ stUdent will be 1l11owed to avoid tlking ~nY eXlrdnashytlon on the conpletion of the courses excepting for reascnable cause for which prior perniss ion Dhou1d be secured fron the Dire~t or Further no S Gu(cmt will be eligible to take qn exanintion in 11 iltivcn course un1ess be has to th0 SAtisfaction of the teolnr cmcerned fulfilled the courSe reouirenents mrl hns sGcureo not less th pn 70 8ttend 9nce in the class in Sid CD tJrs e bull
cnntlt1 bullbullbull + 8
8
(g) TaOh 1~n~g Meh~il~ v ~s
The Nationnl Lqw Schecl VDS onplQyod vricrl tu~ch Dt3thods in ord er to pronoteIlLllt 1-4 iq oipltn~rT Cl1nll
~n1-nT qCt JDpreClalJ10n+ Jf 1ens0 B~s- ir~est lea1 prOD let~re~~ t1e ~cnool stall Grlplny SeninnLS tuitC)r ClmLCampL experlences Field work resealo1 (tTld Leg8lwriting Ill Ilppropri~te C~Urs0s cQopltlQt tve te~tctLY)g between teaohers 81 oliI erent S Db ~-C 8tS tr) be enployea to [11xinisG of the learning POt l-tj~_l tf) st udent
Clinic31 LeR_ql Eno(tt1011 r1~Rt f~rn ( Tl3ltgt rr- T~r 8pound p 8ssiual leglt1 eCuc9tin 8t t1G 1-~i2T ~l La SC1ClCl ACBdonic C~)uncil Te G nicnl O1 UC l shy
ti011 the first Cif the LLB 8 DL1e C0c credit nay given to fh2 t]J-tlng S un ts LYl clini courses
(h) Fee Structure
The tuittOXl fe8 fDr the LIB pTDgrrne co yelr nlY be iixeo Rs 1500- which ~oY be cCillsetccl tn 3 equ 21 inst Cllnents 8t the begilli1 ing riccstcr If foe is nct oepositBr1 within a week beg-inn elf the Trirl0Jster it l1qy collector 1qtemiddot fee RG 1- pcr (1 1] till tbe enfl ltIf 20 warkin c ~ys bull () Wgt8 ftleo to P~y iEHS vrjthin the prescri1o~ p2rio rl llte fco tffh)jr TI0T108 11f1Y be struck off f~~lt)~ t118 r~)118 They c nn be X-rv)nittc(1 on J)1ynlnt of rc- jSG ion ~ e Df Rs~ 100- an(l -l lt f1CtOTy r)pD1i ~)f ~TO$reSS ir~D H1Y teRche1 of tlte F~culty
t~J first tel p c SL1r ~~Tlcr Sl- jVLtiES
In 8rcler- to fttr~ct Deitorious stufients frD~1 te s ~ciJ-c~)nonic strJtl nf sc iety it is ~bs )lutlt)lr l1dC8SSry- for the NLS tn ioe AS ol-rships TIC sttpenos coS jJossible It ill bc to 1e 50 of the stu(Jents bS(y enjoy such S Every effort s])uld be e to seclJre S1JO~ OCOll~)Dic
L1dUC~rlents fJl prorlnting sctQ12Iship t tIle 18ss plivilegeo sections of SOci0ty
The 118 stuoents niW be provider Solmiddotn ip8 of the vlue of bull 500- q nonth 10 bull The S cho10lships rlry be lwcorfi ef m the bls report
~ 9
pound Sc~olr81ip CD~~I1ittee t be c~nstitutoz~ the DirGct81 with r~nbi3rs~ip tl1re~3 or )rt tmiddot -chers NIJ~ TttG SchclsrDhip Co~ittGe 11 pound2-8 i-ts cvn rules r-ne procedur0s wticl I11Y bG ~prJv~r1 y tl)8 Direct 01 ~he awnrd be given b~s ic11y on tcnderic ileIit)f c1Ylcliote H~vevert ec)noYic s-tus anc the s~lcil bickgrund of trL8 c~ndid3tes f~ ~-) be thore lnt cJns iCaTIt iens
Besides Sc)-lrsbips in deserving C1SeS eX(mpti0n fron Paycent of tllitinn fee lay Iso be grn-teooll tHl rsshycl~lt)end~tions of the Scilolrship OOle1ittee
(j) StlJdents nosidcmco
Tho ACCtcl r3r1ic Council strongly lccor1nenos t tle Jfutimiddotnnl Law SchODl be kapt purely ~s P J(8idcnti~ll University vvherein 11 the students bo r-uJrec t) s t y LD tle Hnlls 8pound- res io ellce provia r fpploven by the University Of course for suuconts bo1onging to Bmg-lori-i City the University nv ()xonption 1IOT res once in the University HDst cJ1siflcref1 ne8oSSAry Ii the lJ fJtionl Lnw School is unble to prov-ide it3 own hostel f8cilities it1~0dimiddott Jly it ~8y npprove such t-cc)fr801ti0n in th0 city ~A~iic s isfies tho reqllirenltmts 8pound thll resiltiontiql ckrc~or of tle University for purposes of stuDcnts 1 reBi(~ence~
~h~l1gh tr~c ClCC0Cl00ation nayhavo to be subsidised by the Universitv tho bJQrrlLvu ChQrg0s will -V( t~ bo cntirely D-GC by tho stuDentmiddot- ~Jihe bQa~ing c1nrccs DY incluo8 the sal(l~y of ossentbl stgtff Dainilined in thG Hostol by tl UniverJity+
(k) IXOlmU Clf stu r1ents md te~chers ~-~------- -------shyTho ]ITti~nl Law 8011001 ny initirte steps to nrrmge for 2xchnnge stuc-ents liId tS p c1exs witll other reputed Lltfl Schools within I n (l i3 ftnd outs ice FClr purpDse if stu0Gnts ~re inviued t8 ~nother L~m Scl001 0n~ un(lort ~ko courses )cQ()rding tJ their regQl~Girns they nay be given due credit witr tho ourriculllJ1 prescribec nt the [rIB
l18sters vrt th three courses in olt~c TrtDesterbull
nay be selc cted by the ~dniss i011 CHl1it-tee
10
on t1t bosis Df their PDSt QC80enic ltJc8rd pnrticllrly
~t the LLB level The Adoissicn CGr--ritteo C8Y J~S0S8 their
l1ptituce for higher studies -nr r~se~rch in l~uf en1 tl-Je
suitQble reoolrJenc ions for their ~cT1ission C(1~ljssi0n
Gay bo done thr8ugr~ nmiddotn int crvievi bes ides ~BS08G~nt )n
d8cuttentary Dtteri8ls
subject ELrODS of crtst utimiddotnrl lZV1 crif1i-nl J~w irct-)rnltti)n~L
11l 8110 corDerci(11 Inw The tctu-11 subjocts rgtf tl~o CQLl1~3e
in ~ny of these subject ~rE38 DfY 0 decioc r1 nt ~c giCl1jTIe 0301 lGnT ty the Fcculty CiDCGrner1
The conpulsary c)urS8S f0r LLM shll ~S fo 11oyts
TC)oing Llothoos ond Curriculqr 0(veloprcnt
In0i8ll LeGal JhilQSDphy (n~ Conter~110r)TT J ~Jheory
(iii) Constilutinn Writ
(v)
Tile zistributi0Tl of the 12 cDUrSGS i1 TOG
TrJi03tcrs fer bullbullbull 1 fly be
rs fl1owsshy
11 Ee ~cl1ing IllethQ0s and Curiculur~ Dove l~l)middotont 4 cr 1 iI 2 In~ itn Leel ~Plilos ophy ~J1fi C~ntcnJor
I CY[hcory 13 Course OD subject sr09 - optian 4 cr
SECOl~D THIMESTER--------------_-~-~shy4 era21 Ecsecrch TlIetr6~ology ltmil Leg11 writing
22 Constitutionl Lw We HlUlDl Rights Jurispru(1 ence cr
2) Course nn subject oreq - option cr
THIRD TEIIV[ESTEn ~----------- t cr ~Lnw Society emf DevGlopncmt~
4 eX 1shySeT innr Y select tOPlC - opv1on Ii crCDurse on r~ SUbjlt3ct (1971 - optiQn
51 i 11 shy
The eXElDjnat ion p ttnn for LLM will 1leo be the
S8L1G nB suggest for LLB H)wever besides ilt8rnnl
eXlDi1()r for every COl1rse in LLM there sholl be TXl external
8x~lCliner as we il bull The questions however shell be s only
by the intermll eXEnL1er If the difference in vlurtiim
between the i1t ernat exariner auf the external Cx~in()r in fl given COUXS3 is less thtil 207~ then it vi11 be 000tl00 th8t the
aaes assignod by the intornnl exaniner shall bJ iTJ gra0e
tD be assignee to thD candioRte However if t rG is D oiffercnce
nore th2~ 20 between the intrnal md exti3rucJ ll1 given
c)urso it 8rlt-11 be referred to a third exrn1inc~r outsiclo tre
National Law School whose evlultim shl11 be Il~e score to be
assigned to the candidate on thHt subject
Tuition fee for tho LLM progrlrlrJc be fixo(l 01 TIs 1500shy
for tho full course at the b oginn ing elf Cqch Trinestor
nr M Phil Progra3o--------shy
rho M Phil progrrU18 is to bo for one you c)xiending
to 3 rrinGsters It ShBll be exclusively cons istlt)d of research
8110 tolching Every stunent Ilonitted tel the M Phil rrofr~rle
stHII have LLM clegree and will fulfill the te1cing rnc
r8SCQrcJl reguirODonts prosoribed by the FFculty tIle HIS
In order to be eligible for M Phil degree besiaes
c)nrlCt ing the teSlching 4nd research req uirenentJ during the
yoar eV8JI cnndidst0 Dust sUJnit the rlBsert~tion gt11 - t~)pic
~Dpr0ved by tle f8cu1tY Ihe desert~tion Sh~11 be 8tC]ine(1
by two extern8l CXfniYlers suggosted by the foculty n( nppr0ved
by the jcdenic Council The degroe shall be confarod to
such of those cllldidtlt3s who roceivo varible rerts on the
desert ot ion fron beth the eXAniners If there is c ifferenoe
of opinion oo1Clngst then it sb011 be referred to D 31d eX8iner
Ind thG oecisicm of the [Jajority 8h[11 be finnI
con-cl 12
12
For the 1 Phil prcgrne nJ tuitbn bo csllected
HClwever a SU of TIs 1000- be csllectof yvcry ftllint
DJlnittecl t~ the ]1 bull Pbil progrlne townr18 lJc1 ion nd ftilitios
thl School
v
in vvhich it CJY c8nfer )n LL(gtD (jegroc~ lhe 11) 1)
0xc1us ively on ttJ b(lsis of C written thee t J
whJ hel9 M Phil degree fron the National L8W Sccol
Every C8l1dieJatG registGrine f)1 the 1L]) PozrrIJ18 be
required to be Ll residence at the Nstioncl L2W Sc1icJOl fJr
qtlesst ono (lOaOoOic year durLlg vihicb they SIh 1 cng in
S l)ch tCaching nne reseerch t)S SSS ignc(l to tbG1J 11 J DirectDr
If tho Un i versi ty
five
iiifferJnt nrtogorics 8pound t02chcJS~
(c) cift[S )rs
(bi l)ss~ci-to Jrlf~sscrs
(c) Jissist-nt Ij~0fcsZLrs
(f) l(J junct Profess Irs
(0) Ron
All the qbove professors ssocilte pTC)Csorp nt1
Assistsnt prOiOS30rS sh11 be r8gu1lX teocDaXs nf 11 ficl001
oC1wing the revised scnles of py pT)scribCHl by t1 ~Jnjvcrsity
Grnts COiJr~jssiol1 Tho sC11c prascribef by the UC bull -Yl(1
lt1Plroveil by the clenic Cc)IJl1cil fC)r the v1riupound m it ions
810 tS jvon bolow~-
p~ y structurc (f dj~ffcrent ote~gnr ics Df t()ichG)~8 Nt Law S chol of In1l ~ fin ~VijrS ity
13
1 Prcfessors Rs 4500~150~5700-20077300 2 Associate Professors Rs 3700-125-4700-16Q-5300 3 ABott Professors Rs 2200-75-2800-400-4000
4 AssttProfessor(SrSoale)Rs 3000-100-3500-125-5000 5 Adjunct Professor Rs 1000 PM (conso lir~ted)
6 Hony Professor TADA for visits 8ocOr~tng to rules
Besides pay te1chcrs will be entitled to Dqrness allowmlce as prescribefl fron tine to tiw by the Cmtral Governnent me onnroven by the ~xecutive Council Further they arc entitled to Contributory Provi(lent Fund and Gr0tuity blnefits 9Jl 0(c1red noer tho rules If they lrC not proviied with nocol1Liodqtinn teqchers will orqw Hnuse Rent qllownoe 213 preScribe by the Central Govern1ent for E class Cities If acco=odation is proviCled by the School 10 of sillary will be deducted towBroS house rent
Out of the above scales the Selectinn COLl2ittee will hayti the freei 00 to reconnend enh8l1ced salary tn tlose cons idered
olrtstrmdingwho nrc selected for Ilppointnsnt to (t TIB
In the initi-l stages it is rscrnnendod lt (11
apPoixltlJents of tecchers in the ~IB includingthe reulr
teachers be on 0 cAntrBct bQsis for a period extendL~g upto
3 yeajls The iccdenic Council has npproved the tsr-s of
oJ1trwt cont incd in the nodel clntrct enclosed ith these
nL1utes as Appendix
To begin with the Acaocric Council )greos wimiddotth the
earlier deoisions to have five professors five oSfjocinte
Professo2s lnd three Assistcnt professors to be BPIointed
forthwith However these pOSitions n~y he filIon only if
des erving 0 1nd idates are IlVliLlble for appointent
The io(deric Council h8S noted thgt (l(1vJXltt e~ents
for filling these posts have alranoy been given n(1 18rge
nunber of applications fllWe teen received in r(lSpo1S8 to the
ltcvertiserlent In this connectim the Acafle-1ic Cnunoi1
strnngly reooL1Lends thqt so f1r s the pOSitions of profess oxshy
s1 c(gtnccrne0 the Sollct iCon COT1Jittee 1PtY be rC0UGstcc
t) cons ider ouinont lqw teaohers in the OClunt ryr
hlv cpplied in responstl to the qtvertisonent 1nC rocoDime
Hl cl~ perD(gtnS WhOI the NIS Gqy L1vite suitltJole trns this
c)ntd 14
14 54shy
is necessqry in oreer tc enable the NIS to hcrye c CClre
fsculty of eninent aOndeDics to develop the ~c~~vit of
tne school during its infPLCY
111 teachers c11e(1 for interview ncW be pei(l one-
way 1st Clss train fnro fron their p1ltJce of rosiccl1CO to the pleo 0f inter-view It is s ugf~csteij tht if nccGssry the
interview nay be helo at BmgclClre ino Delhi
nininise expond iture enCl will be he Ipful t the c middotmiddotncl ia middotto
~re teachers in v8rious Universities
All regulnr teachers appainte(l L1 the
provided living icco=odticn by the School n cess ry the School Dy t~ke flats on lease fnd provife it t) tbe
teachers fron whon the rent aocording to the Rules by be cOllected
of persons ny Is 0 be incluiled in fncvIty
(8) Adjunot professors
In view the need for teflcl1ing Soc Sci(mce
subjects in the intogrlted Iw cllrriculun it is noces11ry
to hrvG Social Science te3chrs 8ss0ci8teo pitll middot~~O iculty)
Sinoe it ny not be neoeSS1ry t l1lve then 8S
atleast in the ~innLllf the JuJ10elic Oouncil rCCmiddotmiddotGnts crefltj CD
nf four P01t tine Itc1junct prQfCSSClrs in the BubjioC ec~nJlicsy
Sociology Hjstory nn English They nay be flPP[)ill ( fT(r
servine or ret ired teachers of City c~llegBs in 13 1010
They coy provided 8 nonthly honorariu[I cf lis 1000- ~nO
tbeir ClPpoL1ttlGnt be for one yesr renevcble t of the Director A 10CBl Selectim OOlJnittee
by the Director in orOOl t C loleet the Ad junot T-f mS0rs bull
oontfl
55
It is neceSSary for the NIB to Bssochte Sr nc1vooates
md eninent jurists in the teaohing md researoh progx2cDcs
sf the school The Acadenic COllncil tberaiore ncolmends
that a Panel of distinguished lawyers and jurists be invited
to join school as Hon~ professors They nay be invited
for a tern of 3 yeArs dur which they shall sJond stleast
one Llonth d lrring the year in tead1ing pJ)d rcserrclt the
School When they visit the School for teaching nd resenrch
the Hon professors DlY be given the neoessary hospitlity
ana wherover ne cess xy TL 1ccoriiingly
The icadenic Council hls ~greea to t~lo sUB~oJtion of
the Director of inviting the following sigh pltlsms S Han
prOfBSS ors
(1) Shri KK Venugopal
(2) Dr LM Singhvi
un 3h1i Soli J SOXabjee
(4) 3hri Fali S N prin31
(5) Mr Justice PN Bh~gw~ti (6) Mr Justice VR Krishna lyer
(7) Mr RaJethr1alani
-lte) Mil-bull P~ ltJ-UYrftFl~
(c) Research Associates
Tho AcacsLlic Council feels thlt 8tleast fo e yegr
or two the flculty nay have to be given sonc rcs
support for preparation of telching notltsriaLs lud coordinating
the teaching progrnnns 101 this purpose the cric Council
reCJIlGenoS the appoictuent of two Research LS80qi GS who aremiddot
quolified with an LLM degree They nay be seleol 1)y the
Directox and nay be paid a cmso1idlteo sun of Rs 1200shyper nonth for one year
(0) Panel of Experts
The Aoadecic Council recolJr1ends the following 15
nanos to be included in the PAllel af experts I)r b8
contmiddot~l bullbullbull 16
16
invited to the Selectim Connittee for Faculty p0sitiol1S in the NIB
Ponel of Experts f( the Selection 0011nitte08 to be cmstitutec fr Fou1ty seleotion in the Nntionol Lw School----__--__-------- shy1 Dr S K Agraweln Vice Cn1ncellor l~gra Univ)rsimiddot~y lgrn 2 Dr GS Shrna Ex-Deem FlCultyof Lw J~iPllr
3 t Dr (Mrs) licG Jacob Director InAiBn Law I1stitutc1 1r1Jlr2i
4 Dr 1arlt3 Divrom Ex-DeFm Faculty of Llw Chm(~ isrl1
5 Dr Sp Sharna Dean Fqcu1t)r of Lw KCluh-s)otr University
6 Dr S P SRthe PrincipAl ILS LRtV Cjl10go~ une
7 Dr KB Rohtgi Professor of Law Delhi Univcrity
reGen Uni
9 Prof GV Ajjappa Derm F1culty of Llw Krnt-kf University Dharwar
10 Dr Upendra Baxi Professor of LOlW De1hi Unjv0rsi-y
11 Dr SN Shukla Ex-Den FClllty of 111 Lll211obnc 1Jnlversity
12 Dr RK ~i[ishr3 DerI11 F8Clllty of Low Bmcr-e ~jn(11J Universi ty
13 Dr Misheh1l1-Hss~m F8culty of L Aligrh Nuslir University
14 Dr KD G~llr Dean F~culty-yY f( c Ij vfk Y h - 41
(1) Leg~l Services Clilic
services clinic in the NIB forthwith It is eas n~ t8 pive
the nocess~ry support to the clinic81 e(~ucpti)n progrr1rroeuros
of the SchooL A Fgt1Clllty Conittee tiny be cDnstiiutcil by tre
DirGctor for the purpClse which D develop the ll TOS
to be irstituted Bn9 the pBrticip1ti~n of stu(1miu 10 be
decidsd in then In order to orgnise the clinic the
first instrgtncea sun of Rs 10000- DlY be provjelt by the
NIB It is expecteil that the Clinic will lterm s uppcrted
by the St~te Legl Aid BOlrd 9Ud the Centrl LGg~l services
1luthorities
for the orglliz~tiCn nd fuuctL)rJing of the Lug
Clinics
17
(D) Continuing Educat ion Courses
In order to n~ke the best use of the rusources of the
NIB for the coonunitY3nd to nke its progrrulD0s 80eie11y-an~ proiess ionally useful it is suggested that t~10 IrIS nay
engaije in l series of continu ing ed uc it i-n progr~tJos for
different sSllcents of the profess ion including l~w t Gpc1wrs bull
Of course these progr[]ues r1Jy be f k1anced by t10 spcJllsoring
lgene] 1l10 NIB nay provide expertise of its fcuHy no
organizational ssistlnce
In this connection a beginning nay be 1rJ]e by offering
to the Karnatltka Governnent and to the KClrnatqlm liiEh Court
for the training of its officers in the Law And Jll(icictry colrtrlents
(n) Research 1l1d Publicfltions
In order to strengthGn the teqching progJnnes of the NT tmiddot bIt t 10 bull h 1S a so U iltJy necessary 0 uave on gllne rese[ro
projects 011 various aspects of law in develpncnt rhe School
nay seek funds fron Agencies within anCi outside t~c governnent for sllPllort of its research activities
In this connection tho Lcadenic Oouncil welcQnes the oecision to publish books on Econonics Sociolo[y
History Politic~l Science end English for law stu0nts by
the NIB It is desirlble to get thase nat)lials sllit~bly
edited by the Sr Faculty of the NIB and publish i1 the nane of the NITi
Bes iaos the above public9tion the liIB sjoulrl brillg
out an Half-yearly Journal on Conterpor~ry DevolojlrJGnts in d liferent brqnches of law 1~lt rqy be celle( the Nationnl Law Review and it nay be funded by the lHS itself
(0) A Centre for 1foI1cn and nd Law
In view of the incJeasing inportBnce of HunAn stuiell
18
end support be jng offered by the Univers tvli ~ L1 G~t~gt1
CotlTlission anfl the liiinistry Of HULlrm Develoment middott le
NIB should set up a Specip1 Centro for stuCiy issuos jn trw concerning the stntu8 )f wonen 8uithle proj~cts D-1y
be developed by the Faculty nno Jppropriate lSS ist-nce
sought~ fron fUTIr1ing CenC10S A cp-lti i~-~I+~fltvUlYJ v ~~ ftl1++Ov bullbull ~~l
[jay be constituted to look lfter the developnent 0f this
Centre
(p) Institute in COLlpartive Law
The irlJ)rt~oe of c0nr~rrtiVe law studies r
scholArship ClYJC Internrtiolll relatiUs Cilntlt bil rvorshy
enDh~sizec Inview sf the rnle )f our cOl1ntry in re3i)n~1
cooperation -4l)a Internati~)n$11 ldllti0us LYl InstiCUt0 f
Conpar ~tive Lw is nost IlpprOprillte Ll the NL 2is 11
give the neoess-ry legll support to Indias posi- in
SA1RC countris rnd the TIn-81ignc-n rovenents It ~ iv rIS)
org1nise spooi~lis8f studies r0gion~11y OT cotntr~-1fise
In this regard the Acnilenic Council rccocows oi1
lt)ttention to tho study of Sooilist Leg31 Systcn icul~rly
bec~use of the ncnd to (levolop socialist JUT lSlu(lnco in
the present com --xi of Incia
(q) Libx8ry Developncnt
~in Institution like the NatirYll Law ScbCDl ~J1Dul(i
aspire to o(lvelop librnry fciljtios 6ujt1-110 tel c tGr to
its ao0(lio and researoh cgtrritnents Of course ~ wi
tke fl long tine and a suitnble p1n snoulil bo lovcloped
by tho libr1ry stf of the NIB Me luwhile the ITIS sbv16
-nmroaoh the funding I1gencies within the ccuntry ~lY 8utsi~o
for its libI eery icvolopnents
18
The Pore FOUnGRtion iu IndiR nay be nppro8ched to ssist
the librry in securing volllnes of inpelrtnnt fOIcien
legal periodic~ls and to Gnrol subscriptiDn f0I CllrJO1t sues )f thse pllblic8tims
Sinil31ly the GoverUDont It the CentI -1( in the
st ss Day be nPIJroached to give atlease one copy of its
public3tions frse elf ohlrge to the NIB Library iIecnwhile the
0ssential reports and textmiddot Books ny be irL1ed ictely purchnsoil
befor the connencenont elf the Lonaonic yo 1 bull
(p) Institution of loadenic Chairs
It is an excellont idea to ssocite priv1te
philanthrelpic institutes with the rlevelopnent of tfIS Besiiles
seeking su itnb Ie donat ielns the Acanenic Council rC1celrrcnds
that ina ividuOols nnd institutic-us ny be appronched to L1stitute endDvlLients f8r setting up tte AOf)c(mic Cpoundirs in
different brpJ1cf8S cmiddotf law It is estin~ted tht Cllrir
nay need [ill End ownent of lis 10 lskhs t lt) S UPI)Ort J~cofess Oshy
ship qne necessary staff
DmECTOR 12-12-87
SQf1 -
2007
ANEure R-J13 amp1
1inute of the leeting of the Executive Council held on Saturday the 27th Januan
Item 0 2 - Common Entrance Test
It was resolved that
We accepT in principle holding of a Common Admission TesT but we reiterate that the responsibility of conducting the CAT should be with the NLSIU 50 that the same standards can be retained
Item 0 3 - Ratification of faculty appointments
RecLUltmem - ror raritication - VC said that the consent has already been obrained by circular
Regarding 4 additional increments to Mr Sairam Bhat
The committee disapproved the additional increments given to k Sairam Ella as it is not in confonniry with rhe UGC Rules Tile increments given to others is approved
Item 0 t - Ratification of the administrative staff appointments
The Regularisation was not approved since the procedure was not tolloved properly EC 1tll1her felt that there should be proper records maintained in the process At any cost the backdoor entry shall be avoided
It Vias resolved that
The Registrars olliee should prepare a note with the individual candidates derails and a proposal can be made to EC with the relevant information about their service pay confidential records nature dUties educational qualification etc Also whether the candidate is qualified or not With the complete information the note may be placed before rile Executive CounciL Untillhe decision is made the consolidated pay whalever Tiley were getting should b paid If necessary a meeting may be arranged as soon as the infonnaliol1 is ready
Item 0 8 When Prof Hegde raised some objection regard1llg the irregularity in paying the adcitional increments the Committee insisted to make a formal complaint then they will look imo individual cases
The Committee also suggested lO prepare rhe Rules if already Rules ere available and if modific3rioll is required make a formal proposal and place it betore the EC
As regards fuation of pay to Ir Somu C
Tile EC disapproved the appointment letter issued by the Registrar Howeyer considering the plea of the Vice Chancellor the Executie Colll1cil suggested his presem pay of Rs 25675middot may be protected and new appointment letter may be issued with the relLled amount ie Rs 25000 and not 29000middot
Item ~o S - Investments
The Committee was of the opinion that the office should come out with a proposal ghing a clear picture indicating where it ill be invested- hat is the present rate of interestshywhether to invest in public sector or government organizations and not in private institutions etc and which mumal fund you prefer and reasons for the same The proposal with all the above information may be placed before the EC jx its approvaL
Item ~o 6 - enhancement of tuition fee
Approved
Item ~o 7 - Pension payable to Ms Pushpa eeL Dept
It was approyed and informed that the same pension mte can be appUed as it is applied in other cases
Item ~o 9 As re~arcls inIormation to be ginD under R II
It was approved that only the resolmiol1s can be given and not proceedings
Item ~()10 - Revision ofmerlical budget - Beerappas cae
It as agreed to revise the medical budget
Item ~o 11 - Agreed
Registrar informed the Committee that Prof Bebu Mathews lien will come ~o an end by 3132007 The Committee felt that h silouldjoin before lhe date and if not illS lien will nOl be extended
t~XI item - approved
Item ~o - Increments to those who have reached maximum
The COlllmittee recolllmended that a proposal proposal may be placed before the EC based on rhe CGC Rules for graJll of increments for those who have reached the maximum scale Bused on the proposal the EC may gram some stagnation incremem as per Cemfal GOt Rules
Registrar inf()rmed the Commillee that he is nor genillg any separate allovuce for holding Ot1ice ofRegistrar as he is doing both administration work and also teaching
The Comminee was of the opimon that Ie the maner be placed before Ie with a proper proposal - 11l order to finalise graming of a special aEowancc for a Professor whe11 he is appointed as Registrar during the IeIm of OUice of Registrar
Item ~o 27 - ASLEA Conference
When the Registrar inionned the Committee about the receipt ofRs 1900000- from the UTI Bank towards organizing the ASLEA Conference und that the same has not been rellutted to -rLSIC the EC resolved that
whenever such Conferences Seminars conducted with the coordination ofthe -rLSlt a detailed repolt must be prepared showing the amount received by the concerned Departments i sponsorers xpenses incurred what is the income earned by -rLSru from those Conferences Such reports lUust be duly certified by the Registrar and the same should be placed beli)ft the Ee
Finally EC strongly reconlllended the -[inutes of the Meeting shall be circulated tor approval immediately_
Item No P 3
GRH - Some adyance increments would be -let that proposal come separately Some of the - those who hold the shy
Increments only for the Lecmrer and not for the Asst Professor because he bas PhD Mr Sairam Ehat
UGC Rules - AJD - With the modification for
Let there be a proper note circulated
Sairam Ehat - increments to tbose who hold tbe lecmrer post - Registrar denied shy
Make a proposal for amendment of Rules - we may apply the rules
IF you find any rule - please make applications - before Ee if it is fare
AJD - posts are already there - but here is a situation wherein certain people are working since so many years - who were recruited directly - since 1998 - at that time we were not in a position to appoint shy
The Committee should have been constituted by EC - do not violate the mles
Call for application itself is out of question- they should also face the Committee
They ere on consolidated basis shy
VVK-
You can regularize - there should be some record - prepare a note call those employees - back door entry should not be permitted - we are not against them - the power has to
be exercised by the Ee
Who had approved the internal circular - VC admitted - he himself - it would have been discussed in the meeting Let them also know who are the members of the
The Committee took a decision and authorized Justice Mallimath to take a decision about the
VR Reddy ad hocistlJ should not be there some kind of a procedure should be followed - middotou may appoint a complttenr persoll- but procedure should be foHowed
lallinath m accept his OWI1 statement and pay him only Rs 25000- and nor 29000-
It shall not be treated as a precedm-
You may refix it and ensure that it rotal should not be less than what ~le is drawing 110W
ANNPorsR-14shy
S)finutes of the meeting of the Executive Council held on Sunday the 13th -Iav 2007 at 1 000 AJ
Item 0 1 Confirmation of tbe minutes of the previous Executive Council meeting
With thi permission of the Chair certain decisions have taken at the EC meeting a report of rbe action taken should be placed before the neXI EC
Item ~o 1 Search Comminee Chair Professor as LS1C
Resolved to constiTIlte a search committee consisted of the following members for identitymg s1Iimbie persons for the appoimment to hold the position of the Professor of different eilirs at NLSIl The committee shall be entitled to consult distingUIshed persons for the position the searchcol11mittee shaH plaCe the names so selected in the next meeting for (ile tina decision
1 JUSTice vfaIimath 2 Vice Chancellor 3 Shri Patnaik Silri VR Reddy 5 Mr Gopakumaran air Chairman BCI
Tile members of the EC have requested to suggest suitable names Registrar shall be the Ex-officio Secetary to the Committee
Item ~o 1 The EC consrituted a Committee consisting of following members to tinulise tile niles placed before the next EC
L 5111i BS Reddy 2 ShriDesai Chandrashekar Kamataka Bar Council Chairman 3 Prof V agaraj -I Shri BD Hiremarh
Registrar shaH be the Ex ofiicio secretary
Item 03 Common Entrance Test
It was resolved the modify the resolution to the followin1l ctIeer that the VC should take the stand that having r~gard to the pr~emin~nt pOSition ofrhe NLSIU being the pioneer in holding the Test it should play the leading role in conducting the Common Entranccent Test The VC is requested to persuade the other Vice Chancellors in this behalf
Itelll NO5 Resolved that the proposal contemplated by agenda item no 5 shall be finalized within a week and the approval ofrhe EC sought by circ1Ilation
1
Item 0 6 Increase in fees by Rs 140001- over lasT year was approved and confirmed
Item 0 7 Providing information under RTI Act - Based on the issne relatinl to the publication aboUl Law School in Times ofIndia under RTI Act aIld the issue of~hai can be released in the Press under RTI Act was discussed elaborately though no conclusion was arrived at It was resolved that the information must have leaked bv the administrative STaff and a stern w3ming must be given to them to prevent such happnings in the future
fain Agenda
Item 02
I Reguarisation of the services of administratiw staff
It was resolved to approe the regulanarions of services of the following with from ovember L 2006
i) ills Pushpa Kadam ii) VIs Vidya SG iii) vir Umesh iv) iIlr Naveen Kumar v I VIs Premll Kummi
Resolved that having regard to the exigencies of service becomes necessary to make immediate appointment the VC could make such adhoc appointments and bring it to the notice of the Executive Committee lllunediately in the next EC meeting
Further resolved that if the vacancies should be filled up as per the University Rules and Regulaliols and if ad hoc appointments are eligible to consider their applicatiolls as well The cases of Ms Gma Ms Jyothi v1r Gulam Hyder and Mangala Gowri were not considered for eguiarization as they haye left th se[ce long back
(3rinLoIlldence increments(QthQslt who acqmre ~LPhii and PhD desree
Keeping in mind the UGC guidelines issued on the basis of the Order of the Govt of India dated J July 1998 and the resolution of the Executive Committee dated of August 1999 the Executic Committee resolved to extend the benetit of advance increments to the members of the tcaching statT acquiring PhD or tPhil degree respectively as follows
1 4 and 2 advance increments will be admissible to those hold PhD and tPilil degree respectively at ihe time of recrul1ment as Lecturers and Assistant Professors
2
2 4 and 2 advance increments will be admissible m those who acquire PhD and VLPhil degree respectively afrer the recruinnem to he said post
3 Associate Professors oJlwards who acquire PhD degree after 781999 shall be eligible for two incremems
The aforesaid provislOllS shall be given ef1c to from 781999
4 Appointment ofMr Somu C
After an exhaustiVe consultation on the issue regarding fixation of rile pay to Mr SOlllU on his appointment as Assistam Pro1ssor the Execurive Council resolved to gram four advance increments in the pay scale of Rs 10000 to 15000- so that the total emoluments will be receivim could not be less than the total ellloluments he is recehing in the priare college vhere he is Sefnllg The offer of appoimmcl1t aLready lllade shall be rnodified on these lines
Item No3 Stagnation increments
The Executive Council decided 10 grant the bendt of stagnation increments contemplated to rhe employees of lSIC The proposal in the agenda to grant stagnation increment is approved
Item 110 -I Institution of Allen amp Overy Chair on International Financial Laws
The Execmive Council approved the action taken by the Vice Chancellor in esmblishing a Chair on International Financial Laws 1Inanced by vIs Allen amp Overy Londo It is resolved 10 convey the appreciation Bnd thanks to the donor
Item ~o 5 Convocation
The sltlggesled the tc)Uowing names tor being invited to be the Chief Guest lor the next Convocation
L Shri Gopalaswamy Iyengar Chief Election Commissioner 2 Shri YV Reddy RBI Governor 3 Shri Fali Slariman Sr Advocate 4 Shri K Pachauri
In case none of the above are not mailable the Vice Chancellor may at his discretion invite any other suirable dignitmy
Item -0 6 3 reservation for physically challenged candidates in the Admission to XLS
EC defened it to the next meeting The Registrar shall place before the Executive CounciL a copy of the Act the Judgment rendered by the High court of Karnataia and
3
- -
bt also a copy of the report said to have been submitted by Justice Rama Jois if available along with relevant judgments
Item 0 7
The EC committee decided to consider the incentive to be given to the staff members on the occasion of the Silver Jubilee function of tile University
Item 08 Selection of the administrative staff
The EC felt that the response to the advertisements being very pOOL steps should be taken to adequately advertise and invite applications afresh In view of the urgent necessity to carryon the administration the EC 3mhorizes the VC to make ad hoc appointments pending regulu recruitment TO the posts of Secretary Office Assistants and Junior Assistants Adequate steps should be taken for adwnising posts indicating all relevant details
Among the three members to be nominated by the VC under the LSIU Regulation 4(c ) the Chainnan of the Karnataka State Bar Councilor any member nominated by him shall be nominated
Item 09 Establishment of a Centre
Resolved to constitute a committee consisting of the following members of the Executive Committee to scrutinize the proposal and to take a final decision in this regard
L Chail1113n of the State Bar Council 2 Bar Council ofIndia member from Karnataka 3 Law Secretary
Item 0 10 Institution of Chair on Consumer Law
The Council noted with appreciation the sanction of professorial chair on Consumer Law amp Practice bv the Ministrv of Consumer Affairs to set up Chair on Consumer Law 8 Practice at LSIC EC authorized the University to convey the appreciation and thanks to the appropriate authority
4
ITEM NO17 171 COURT NO5 SECTION PIL-W
SUP REM E C 0 U R T 0 FIN 0 I A RECORD OF PROCEEDINGS
writ petition(Civil) NO 6002015
SHAMNAD BASHEER VERSUS
petitioner(s
UNION OF INDIA amp ORS (WITH APPLN(S) FOR PERMISSION INTERVENTION APPLN) WITH WP(C) NO 5762018 (X)
TO FILE ADDL DORespondent(s)
CUMENTS
Date 30-10-2018 These matters were called on for hearing today
CORAM HONBLE MR JUSTICE SA BOBDE HONBLE MR JUSTICE L NAG ESWARA RAO
For Petitioner(s) Mr zoheb Hossain AOR Mr Adeeba Mujathid Adv Mr Vivek Gurnani Adv
For petitioner(s) Respondent(s) Ms Roopali Mohan Adv
Mr Namit saxena Adv Ms Taruna Ardhendumaul1 prasad Adv Mr Piyush Singh Adv Mr Amritesh Raj Adv Mr Nitesh Ranjan Adv Mr Shashank saxena Adv Mr Ardhendumaul1 Kumar prasad AOR
For Respondent(s) Mr Rakesh Munjal sr Adv Mr SS Ray Adv Mr Vaibhav Gulia Adv Mr Puneet Gupta Adv Mr paramjit Singh Jaswal Adv Mr Ravinder Singh Adv Ms Rakhi Ray AOR
Mr Atmaram NS Nadkarni ASG Mr Merusagar samantray Adv Mr Ritesh Kumar Adv Ms Suhasini sen Adv Mr Leelesh Krishna Adv Mr Arvind Kumar Sharma Adv Mr Gurmeet singh Makker AOR
~) i
2
Mr sajan poovayya Sr Adv Mr priyadarshi Banerjee Adv Mr Pratibhanu singh Kharola Adv Ms priyanka MP Adv Mr Risha Agarwal Adv Mr EC Agrawala AOR
Mr Anand varma AOR MsShubhangni Jain Adv MS Manpreet Kaur Adv
Mr Puneet Gupta Adv ~lr Ravinder singh Adv Mrs Reeta Dewan puri Adv Mr PN puri AOR
Mr Maninder singh Sr Adv Mr Prabhas Bajaj Adv Mr Gaurav Sharma AOR
UPON hearing the counsel the court made the following o R D E R
The copy of the report filed by the union of India Ministry of Human Resource amp Development pursuant to order dated 13062018 passed in wP(C) No 5512018 be furnished to learned counsel for the parties
List the matters on 28112018
[ Charanjeet Kaur ] [ Indu Kumari pokhriyal ] AR-cum-PS Asstt Registrar
ITEM NO5 51 COURT NO5 SECTION PIL-W
SUP REM E C 0 U R T 0 FIN D I A RECORD OF PROCEEDINGS
writ petition(Civil) NO 6ee2015
SHAMNAD BASHEER VERSUS
petitioner(s)
UNION OF INDIA amp ORS (WITH APPLN(S) FOR PERMISSION INTERVENTION APPLN) WITH wP(C) No 5762018 (X)
TO FILE ADDL Respondent(s)
DOCUMENTS
Date 28-11-2018 These matters were called on for hearing today
CORAM HONBLE MR JUSTICE SA BOBDE HONBLE MR JUSTICE L NAGESWARA RAO HONBLE MR JUSTICE R SUBHASH REDDY
For petitioner(s) Mr Zoheb Hossain AOR Mr Gopal shankar Narayan Adv Mr Adeeba Mujathid Adv Mr Vivek Gurnani Adv
For petitioner(s) Mr vikas singh sr Adv Respondent(s) Mr Ardhendumauli Kumar prasad AOR
Mr Amritesh Raj Adv Mr Piyush Singh Adv Mr Nitesh Ranjan Adv Mr vaibhav shrivastava Adv Mr Sashank saxena Adv
Mr Namit saxena adv MS Taruna Ardhendumauli prasad Adv
For Respondent(s) Mr Rakesh Munjal Sr Adv Mr SS Ray Adv Mr Funeet Gupta Adv Mr vaibhav Gulia Adv Ms Rakhi Ray AOR
Mr V Giri Sr Adv Mr AKarthi K Adv Ms Rakhi Ray Adv
2
Mr Atmaram NS Nadkarni ASG Ms suhasini sen Adv Mr Ritesh Kumar Adv Mr Leelesh Krishna Adv Mr Marusagar samantray Adv Mr Arvind Kumar Sharma Adv Mr Salvadar santosh Rebellow Adv Mr Gurmeet singh Makker AOR
Mr Sajan Poovayya Sr Adv Mr prlyadarshi Banerjee Adv ~r Pratibhanu singh Kharola Adv rmiddotls priyanka M P Adv Mr EC Agrawala AOR
r1r Anand varma AOR
Mr punaet Gupta Adv Mr Ravinder singh Adv Mrs Reeta Dewan puri Adv prof paramjit Jaswal Adv Prof KD Rao Adv Mr PN puri AOR
Mr Prabhas Bajaj Adv Mr Dhawal Mohan Adv Mr Abhishek Adv Mr Gaurav Sharma AOR
For Applicants) MS M Sidhu Adv Mr P vinay Kumar Adv
Mr PS Narasimha sr Adv Mr SS Ray Adv Mr Puneet Gupta Adv Ms Rakhi Ray AOR
UPON hearing the counsel the court made the following o R D E R
Application for intervention is dismissed as
withdrawn
shri Atmaram N S Nadkarni learned Additional
Solicitor General appearing on behalf of the Union
of India ~linlstry of Human Resource amp Development
states that the Government has prepared a report
3
and shall further convene a meeting of all the
parties to these petitions NTA and the Bar council
of India seek their views and make appropriate
recommendations for the holding of the examination
within four weeks
List thereafter
[ Charanjeet Kaur ] [ Indu Kumari pokhriyal ] AR-cum-ps Asstt Registrar
7-+ 0( AMNI~URpound tlt_Ihi
2Q lt ( gt ( - -
~ ~ A
-
p V -~d T] Y-P~iCL of ~-lt)Eign Sud~nts thp drnissio is i-l~ be COI)iuct-d wit)middot the help of Inrin ~~Llt_~lon~
llgtrO~j ~n -t~poundO rgtSpctiVF cnJn~cies
1 r
lh- durtlon of tht course shall bE for 21 peri00 of (iv~~ j~lcaderrjic yeilrs j
CJ 1~ltJch acadeHic _divided into_ thceuroE academic terrnS J
f~lCh tE-rm called a orrimestErcent hDvin0 a minimum of 70 vJcfrki (H) days
C3 Ph- Icdcmic t(rms shilllordinarily be from lst July to --lOth -Septcober t poundrom 5th Oct to 15th Junuclry an(l from 1 (1 t ~l ~] AnlJ a ry to 20 t h A1ri 1 ~
~
6 l Irhp tu i t ton f~(~ foc th0 dampgree progr1fnrne for each yedr -
~~~ 1 i-gt ~ bull )~~jt7-middot which shall be collectEd in th~e IntlIcn~s 0t tl--H~ b(9ir~n of lt2Crk Trin~c-$ter I fcgte i~ not pdid i--hin a week er the co-mrnCncemlt2Ylt of thlt Tr~rgt~middot I i sh~~ 1 be C012Ectec with tate Jf if 1shyor c1~~y t11-l rre- end of 20 working days Can-didut(s who f) l te feeuro wtY)it the nrc-scrlbcd aerior] with ~ate
(fmiddot sri~)l rgtrnoveo -(om lt~G rolls ltH(~ they shall bEgt C~gt-j(1rrit~td onJy on pitympt 0+ rf--)cm-sion feE- oE Imiddot 100shy~(( 1 ~risf-1ct()ry rJport o~ progress ond conduct from 2 Tc~chFr of thp P~culty
In rpsnect of rrwl v acrni ttEO stIJcens admission wi 11 no )( com~letP lJJ11ess- thFY Pi)Y the prescribEc within Sonci fieod ti1le
6 ~ 3 Besidelt= flt( 2lt trl bp9inning of the fi--st trimestr of fdCn ypar J U CltiHldidatgt i (cQuirec to pay a sum of
tOWi1n1 xc1dlrHJ rnJti~rit~ls ar1lt3 a further sum of OWi~fU~ co-ctJcricu~~r ~nd ~tudent welfare activishy
~OL(~ Tuition )nc other fees paid by th0 students irlini ttEC1 to thi course 1 not Je Efundeci u~dFr- any C cumstancs
1
A1)Npoundx UltE remiddot-VishyTS
Academic Calendar at NLS
Resolutions on Academic Calendar
The Academic Council Meeting on 12th December 1987 proposed that each Academic Year be divided into three academic terms each with a minimum of 70 working days This academic term will be called a trimester
On 1th September 1988 the 4th Executive Council Meeting of NLSIU resolved that each Academic Year is civided into 3 academic terms Each term called a trimester has a minimum of 70 working days
Consequences of the Resolutions Tne mandatory 70 working days are spread across 12-13 weeks Each 12-13 week trimester extends to 90 calendar days 3 trimesters will require 270 calendar days
Ordinariiy students complete compUisory internships during the term breaks which vary from 30 to 45 days This year we had planned to forego the term break and replace it with a 15 day break between each trimester as this Is essential to finish evaluation ana assessment exercises Hence the Academic Year requires 315 days
Academic Year 2020-21
If hLS Admissions is completed under the NLAT 2020 Schedule the Academic Year will run from SeJtember 18 2020 to June 30 2021 This will allow for 285 calendar days this year leaving a 30 day shortfall We may preserve the Academic Year by further compreSSing the evaluation and assessment period to 5 days ThiS is neither optimal or desirable bul is the result of the delayed CLAT 2020 schedule Hence the Academic Year 2020-21 will be competed before the start of Academic Year 2021-22 on July 12021
If NLS Admissions is completed under CLAT 2020 From October 10 to June 30 2021 the AcademiC Year wiil have 263 days leaving a 52 day gap Even if we compress the evaluation and assessment Deriod to 5 days between each term and save 30 days the Academic Year 2020-21 cannot be delivered
ANNExOltE RJ
r Nithya Rajshekhar ltIegalnlsacingt
Letter from Nirma University Law School which has a trimester system for LLM and has moved away from CLAT for this process this year
$arasu ltSarasunlsacingt Sat Sep 12 2020 at 1031 AM Te Nithya Ra]shakhar ltIegalnisacingt Co Sudhir Krishnaswany ltsudhirnisacingt
bullbullbullbullbullbullbullbullbullbull Forwalded message bullbullbullbullbullbullbull From Purvi Pokhariyal ltdirector Date Sat Sap 12 20201027 AM Subject Thank yeun To Sarasu ltsarasunisacingt
Dear prof Sarasu Thomas Professor of Law amp Registrar Iational Law Scnool of India University 8anglore
Subject gratlCude for gracing Commermcement session of One Year LLM batch (2020middot21)
Dear SaraSJ Maam
It was Inaeed an absolute pleasure to host you for he commencement (Orientstionj session for our newiy admitted ere year LLM batCh of 20middot21
Your motivalional address infused new energy and enthusiam amongst the sldents during this testing times
As you know this is one year programme and il is expected to nurture pest graduate students with cognitive deeper unaersranding on specialised afea along with sflarpening their research and writing skills One year programme comprises of fhree trimester for our LLM programme And we were running out of time due to delay in centralised acmisison process through CLAT 2020 So finally in early August we have decided to change the mode of admission from CLAT to graduation merit So thai we can save time of our first trimesler and can compiete the programme on time Accordingly we could start our new LLM batch from 31st August 2020 I am really thankful to you for accepting our invitation for OJr format commencement ceremony You have been motivating and inspiring generations of SUdents throughlout aU these years and your words wiseom paved a new direction for leming for our LLM students received oV80Nheming feedback from this session and must be thankful to you to be with us and helping us for guiding our LLM students during this unprecedented times Tnis is unprecedented time and that demands the unusual responses and newadapatabiiity
Thank you once again
VVi1h regaros
Purvi
06011020 The General Body The NLUs was held The Secretary-Treasurer introduced and explained to the members various steps taken by the CLAT Secremriat in preparmion of the examination including a user-fhendly and streamlined website for the C onsonium and CLAT 2020 and a sample of tile revised format of the CLAT paper designed to test slUdem aptitude instead of prior knowledge of law The sample paper had also been $tlrveyed by students from LSIU The eftons of the CLAT Secretariat on both initialives were specially commended by the Members
Additionally he also briefed the General Body that the CLAT Secretariat had put in efforts to develop and innoduce free and high-quality study materials and mock tests tor aU eLAT applicants so as to not disadvantage those slUdents who could not afford coaching
21042020 Due to the ongoing COV1D-19 lock-downs Executive COlllmittee of the Consortium postponed the CLAT 2020 I examination from lOh May 2020 and rescheduled to 21 Sl June
2020 I 1--------+- __
17052020 The Executive Committee of the Consortium resolved to postpone the eLAT 2020 again (2nd eLAT Postponement) The Consortium issued a notification infoDning candidates that a new date would be notified by 0 I July 2020 At the same meering the Respondent No2 informed the of the large increase in the number of applications after the digital marketing initiative
---- 17062020 The Executive Committee of the Consortium met The
Respondent No2 presented the report oftlle survey conducted by the CLAT Secretariat to evaluate options for conduct of the exam given die Covid-19 pandemic The Executive Committee assessed the feasibility of continuing with a penshyand-paper exam VS an online computer-based exanlination The Respondent No2 also reported his effons in contacting I vendors to conduct an online examination I
29062010
7B
16072020
30072020
The Committee of the Consonium issued a notification scheduhllg the CLAT 2010 exam on 22nd August 2020 The test was to be a centre-based online compnter eX3m The Executive Comminee was Infolmed by the Convenor rhat a Vendor had been selected
A General Body Meeting of the C onsortiull1 was held The Respondent No2 intormed the Consortium of the various measures taken by the CLAT Secretariat including
bull Due to the pandemic simation the test centres were expanded from 67 ro 103
bull Detailed Medical protocols to be followed 011 the exam day
bull The mock exams schedule has been prepared and shared to all the VCs
The Respondent No2 also infonned the membls about the proposal for securing an insurance policy for swdenls and staff for the duration of CLAT 2020 exams He informed that proposais have been sought from various Insurance Companies and the best proposal received was shared with the VCs The Consortium authorised Secretary-Treasurer and the President to go ahead with the said Proposal
However certain members raised objections 011 the ground that the price for an Insmance Policy was too higb to bear for the Consortium tmd not necessary
A meeting of the ExecutiYe Committee of the Comoniulll of NICs was held The Respondent NO2middots proposal to secure an Illsuranc Policy fOT students and staff as a precautionary measure lor CLAT 2020 was rejected despite general support froln several melubers for the sole reason tlw it [$ 110t necessary and it il1vole5 huge amount and does not serve any I- purpose
~
The Respondent 02 did not share the Same middotiew
At the same meeting despite the Health and Safety Protocols and the conversion of the exam to a Computer Based format in order to accommodate shldents during the pandemic few members raised health concerns and SUgested J2poundstponemelll i l
of the CLAT 2010 from 2200 August 2010 Hovever the Consonillm resolved to decide the issue at its next meeting
05082020 The Executive Committee of the Consortium of NLUs held a meeting to consider the date of the CLAT2020 exam
The Test Vendor was also in place to conduct the exam 011 7th
September 2020 The Respondent No2 had also begun the process of securing an additional approval from MHA for the conduct of the CLAT exam and to ensure all candidates would be allowed to travel to the centres Respondent No1 mged the Consol1iull1 against postponement of the exam given the extensive Covid-preventative measures being taken at the centres and the need to preserve the Academic YeaL
The Respondent No2 shared a presentation with the Executive C01l1111inee detailing the impact of a postponement on the Academic Calendar of the Respondent No1 University and proposing a host ofoptions in order to accolmnodate members facing such difficulties bull for NLUs to proceed with their own admission process tor I
2020-21
bull aHow for CLAT 2020 to be conducted in two series so that Universities may choose an earlier or Imer date and
bull for NLUs to admit CLAT-enrolled students to appear for separate exams conducted by the NLUs with no further need for registration or fee payment
Despite this the Consoniulll by majority vote merely resolved to postpone the eXllnllnatiol4 to a date to be i
detennilled later
10082020 The General Bodv Qfthe Consortium ofNLUs held a meeting i fuwhere it was dcided to schedule the CLAT exam on
September 2020 Whilst this date would enable members such as NLSIU to complete their admissions without suffering a Zero Year some participants menfloned that it may be necessary to postpone the examination even further
L--_____L______________________-J
27082020 The Executive Council of the Consonjum took the decision to postpone eLAT once again
The Respondent No2 raised serious objections TO the postponement and also brought to the notice of the COllSoniulll the fact that the pandemic would only get worse it1 the coming months Further to facilitate the of institutions reliant on CLAT who would not be able to sustain ftuther delay he optiOllS already presented and discussed with the Consortium the Respoudent No2 offered to undenvTie the entire CLAT 2020 examination from NLSflJs share of Consortium fees in order to hold the examination on the fixed date of 7th September 2020 However none of the options were accepted by the Consortium
ANMEM01pound R1Ie atiouaj Law Scho()l of india University Ballzalore i J
inllts of the Emergency Faculty lerring held via videu confrrcnce euroIll 6th August 020
lullbers preent lts Iht Zoon1 ~iJn R-cOrGlng
1 PU$lpoThm~H ofCLAT yet again from 22nd Aligust to 7th S~pt(nber ~020
Contingency Plan to prevent a Zero Year
Disc ussion
Th- ViCt1 Chancellor Prof Sudhir KrlslmaSvarny informed that en1rgcHcy l1heting had been called to the decision the Executive C0t11ITliHe of the Consonium National Law Universities dated 05092020 to postpone the CLAT 2020 exam undl funner notice t was also informed that a new date for CLAT 2020 -as not yet finalised however it was likely that the exam would schedukd in September He tated that this emergency Facllhy Meeting had been
0 decide on NLSUs next steps
TllC Vice Chancellor infonned the Faculty he hud pHt forth the case of NLSIU lt1t the only National Law UnivilTsily having a trimester system before the Consortium members He infom1cd Consortium that delays in CLAT Nould unfairly prejudice NLSIU and set before them several alternatives including (1) allowing NLSIU 0 go ahead with an alternate admisslols process lor this
lild r) allowing multiple CLAT exams and go ahead with the date as proposed
Vice ChanceUor timber informed the Faculty that the CLAT 2020 had been postponed the hid time despite the extensive health and safety protocols and a rede$ign of the ~xam (Q a centre-based computer exam As the Covid-19 pandemic is only getting worse there is no justiI1carion for further delays
Fuculry il1cnlbcrs expressed concern that the trimester was going to be severely dt~layed as a
th~ postpot)CJncHt Undergraduate Chairperson Prof T Somnshekhar suggested going ahead vith an exam immedimely to prevent fmher delay and to explore using the same centres as CLAT
Other Faculty 111cmbcrs including Pr)f Ashok Patll suggested thatvlc should fun our ovn entrttnclt exam NIr Kunai Ambasta agreed bUt expressed concern about the costs of administering a scpamte entrance eXctlDlnatloD
Jflndakishore lt-luerkei whether ve couid go ahead for this staying tvithin
lnernbers inciudjng Sanyukta Choudhry and Ms Rashmi Vcnkatcn if it was PQssihlt IO have a dekly~d trimesrer nnd hm the inlpact ofthlt WOUld be Acadernic calendar options (r( txplored
Bnbu 11athev opined e should xplore many options 5hared TvlPP course to begin on ciCil1
Registrar~ Prof Sarasu Eshef Thon1as nmde a short prescntmion on the of a T on the S A-eadernic Year
1 Impact on applklnh
H1m p-ymc
r1nyioin these middotXl]]
P(rc(nt~~( of Point of 1ime nJen nolk of Refund of fcc of adrnission is ncchcrd
(Hlr
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I Trimester to II Trimcsn D~CCFhcr to
m
h) announce ~i
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to tho- yho wand to JOB)
2 Impact un NLSn
r ould -0 jom orh-r Hhtinntons
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nOled that th~ k--ping the In a zero this
rJun-optlD1WH lbe
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iovving pO$siolc solutions to Ihlt
quality addlTlonal uuuhk workload reachers and wnt til
DClsng ~1 adulisiuns lEosS ttJ corrplt~d urgtntly vhich EaHovmiddot us t) admit studnts rntd~Septen1ber and Viih ddayd b~it trirn12s1cr C(lYlprOrtusHlg JCadCl1iics
Dednre D 11h concqu~rH financIal losses lo-s of lainl tc as last rsort
4 If we run our tlvn entrance cxmn We rnay have to bear a snudt IO-is in monetary t(nns cntrmce process at a
it vns ionduded ihat smCe dH date ll) CLAT exan1 had nOI bcen flxLi 1hen W~l~ no vbClher voldd be any furh~r postponcn1entS LSIlJ be ith puhing
uirncgtter LO th ecund rrlrn-skr and so fDrth lhereby n1-lking it impo$)iblc to up 2021 In such a cnse~ rLSrC will be forcedo announct a zero y(ar~
US Lfl
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Executive
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Extract ofDraft Minutes of9t Executive Council Meetillg
DRAFT MINUTES OF THE 91 MEETING OF THE EXECUTIVE COUNCIL OF THE
ATIONAL LAW SCHOOL OF INDIA UNIVERSITY MELDON
WEDNESDAY AUGUST 12 2020 AT 330 PM AND ON
TUESDAY AUGUST 18 2020 AT 430 PM VIA VIDEO CONFERENCIgtlG
MEMBERS PRESENT I Honble Mr Justice Uday Umesh Lalit Judge Supreme Court ofIndia 2 Honbie Mr Justice Dhananjaya Y Chandrachud Judge Supreme Court of india 3 Honble Mr Justice S Abdul Nazecr Judge Supreme Court oflndia 4 Honble Mr Justice V Gopala Gowda Former Judge Supreme Court oflndia 5 Shri Manan Kumar Mishra Senior Advocate Chairman Bar Council of India 6 Shri S Prabakaran Senior Advocate Co Chairman Bar Council oflndia 7 Shri Deb] Prasad Dha Advocate Managing Tnlstee BCI Trust 8 Shr1 Apurba Kumar Sharma Senior Advocate Chairman Executive Committee Bar
Council oflndia 9 Shd Y R Sadasiva Reddy Member Bar Council of India 10 Shri Ved Prakash Sharma Advocate Member Bar Councll oflndia 11 Shri Prashant Kumar Singh Advocate Member Bar Council of India 2 Shri Anil Kumar 1M Chairman Karnataka State Bar Council 13 Shd tV Ramana Reddy lAS Additional Chief Secretary to Government or Karnataka
Higher Education Department 14 Shf1 SY Watawati Law Secretary Government of Karnataka 15 Prof (Dr) Sudhir Krishnaswamy Vice Cbancellor NLSIU 16 Prof (Dr) Ashok R Pati] Professor of Law NLSlU 17 Prot (Dr) TS Somashekhar Professor in Economics NLSIU J8 Dr Nagarathna A Associate Professor NLSJU
AliD 19 Pro[ (Dr) Sarasu Esther Thomas Registrar amp Professor of Law as Secretary to the
Executive Council
lVIEMBERS VRO EXCUSED THEMSELVES L HonbJc Mr Justice Mohan M Shantanagouclar Judge Supreme Court ofIndia
Opening Remarks
The Vice Chancellor Prof Sudhir Krishnaswamy welcomed al the members to the 9i Meeting of the Executive Council He thanked the Honble Judges representatives ofthe Karnalaka Stale Gevernment and members of the Bar Council of India for agreeing to attend this Executive
-ss Council TvteeHng organized at short notice or Video Conference He informed tflC 1crnbers that the Honbie ChiefJustice of India the Chsnceillllofthe University was unable to atlcu and had ominated Honble Justice UlJ Lalit to Chair themeeting in his abence
Justice Lalit clarified the reasOns why this emergency Executive Ceunci I Meeting had been convened at shori notice at his initiative First as CLA T 2020 had been postponed several times the University is unlikely to complete admissions by September 2020 Hence lLSIU faces the prospect or a zero year 1ere 120 BALLB + 50 LLM students will not be admitted and (be University wili lose INR16 crores over 5 years Secondly as the University had submitted a comprehensive Report reviewing the Reservation Policy in the third week of July this Report should be discussed while Ihe admissions process was underway
Justice Lalit then asked if any Member took objection to the short notice and was keen that the Meeting should be adjourned Ali Members unanimously agreed that due to the urgent nature of the agenda of the Meeing the usual lime trames for the Meeting may be dispensed with on this occasion
~ __-1-_- _ - _ _-- -- --- i Item No1 i Postponement of CLAT 2020 and Admissions to the NLSIL for the i_ ____J_A2e~)r2Q~Q21 ________ ____ __
Discussion IMembers noted that the Governing Body of the Consortium ofNLUs held an iemergencv meeting on Aug 10th 2020 to reschedule CLAT 2020 from Aug 22nd to 7en September 2020 ) i i 1 Members expressed concern that CLAT 2020 had been rescheduled 3 times and
further postponement could not be ruled out The Vice Chancellor clarified that the University has made adequate plans to compress the Academic Year if the 1
exam is completed On September 7th 2020 I
However several Members expressed concerns if CLA T 2020 was delayed 1 further All Members agreed that the consequences ofa Zltro Year in terms of loss of revenue (around i 6 crons) and loss of oppoltunity to 120 SA LLB (Hons) and 50 LLM students [0 study at the National Law School was too high a price to pay
Some Members suggested exploring various admissions options using 12th Stllndard Marks other entrance examination results or conducting an online examination The Chair emphasized that it is critical to authorize and urge the University to take immediate steps to prevent a Zero Year if CLAT 2020 is
i further rescheduled
i I The Chair requested the Vic Chancellor to consult withthe BCI Chairpls~n in the event that the Umverslly needs the leave of the Supreme Court In mese I 1____~__-lllat~~~ __ _ ___ _~__ __ _________ _jI _ 1 l was resolved unanimously that jfthere is a further delay in CLA T the Vce 1
L_~C~~nJ9_~ll~cel()r--~_lt11Jlowredt2takeai I necessar $iJlLt~nsur(U~ltlUl1ej
(J ry(Y~~
TAdmissions Processfor 2020-2 i~i~ completed in Septe111ber 2020
NLSIU is authQrised to fUll ft~ own admission process and conduct an i independert admisson tcst if necessary if there s further postponement of the I CLATexam
It was decided that the meeting would be adjourned to 18th August 2020 at 430 PM The Vice Chancellor thanked all the members for joining this meeting
After a formal weicome by the Vice Chancelor Justice U U Lalit chair the meeting and invited Justice Gopala Gowda to present his note feHowed by a presentation by the Chairman Bar Council ofindia
__ _~ ~__Ugt___ _~~~ _~~_~ _~ __ bullbullbull___ ~~ __ ~bullbull~~_~ gt _ 0 ~~ ~_____ ~~ _ __~ ~____ __ ______ __ __ __ __
1 -__~_~~__~ bull i Anv other item with the ncrmission of the Chair
n __ __ Item 3 __ ~~bullbull_______ ~_________bull ______ __ ______ - _~~ ~~~ ~~bullbull _~~~ ~ __--J~_~ __
Discussion The Chair asked the Vice Chancellor to clarify that CLA T 2020 was likely to be r held on 7th September 2020 The Vice Chance lor confirmed that as per the i current schedule it was to be conducted on 7th September 2020 but the I Consortium tny choose to reconsider the date later I
i--~------- i-------~ --_---- ---------------_--- ---- ---- -- ---
Decision i
The Executive Council unanimously reconfirmed this resolution to empower i
the Vice Chancellor and the Jniversity to conduct an independent admission iL_ _________jJ~poundf~ipoundE~1Jt t~at C~~T 29Qis dela)~ecc fU~~t____~~_________
The Vice Chancellor thanked all the Members for joining the meeting and thanked Justice UU Lalit for chairing this important emergency Executive Council meeting
SdJshyRegistrar National Law School oflndia University Bangalore
RE~srRfl~ Mttcrpt iegt s~ vi ImF(l flriilitt
~amp9lc n01ty~$J~z1i ll~ilIIii ~~1a
ANNExurE R14 iT NATIONAL LAW SCHOOL OF INDIA UNIVERSITY
Post Bag No 7201 NAGARBHAVI BENGALURU - 560 242 (Old Code No 560072) INDIA
Talalax 080 - 2321316023160532535 Fax OBO - 2316 0534 Website WWWnlsac-in Email registrarnlsaci
Report of the BALLB(Honsl and LLM Admissions Committee 2020
Committee Members
1 Prof (Dr) Sarasu Esther Thomas Registrar 2 Professor Babu Mathew 3 Assistant Professor (Dr) Kaushik Basu 4 Assistant Professor Kunal Arnbasta 5 Assistant Professor Sanyukta Chowdhury 6 Nithya Rhea Rajashekar Advocate (Legal Advisor to the Committee)
A Objective
Since inception admission to the BA LLB (Hons) programme has been purely on the basis of merit as assessed through a common entrance exam The University conducted its own AIIshyIndia entrance examination until 2008 when the Common Law AdmiSSion Test was conceived In 2018 the Consortium of National Law Universities comprising the ViceshyChancellors of 22 National Law Universities was formed to establish a Permanent CLAT Secretariat for the conduction of the CLA T Admissions to the Universitys BA LLB(Hons) and LLM programme were also done on the basis of CLA T score
The Covid-19 pandemic has however caused unforeseen difficulties and delays in the conduct of CLA T 2020 The repeated postponement of the examination has resulted in uncertainty for students parents and the participating Universities NLSIU is uniquely disadvantaged as it follows a trimester system where every academic year is made up of three terms of 90 days duration Moreover each term must accommodate 60 hours of classroom instruction in each course and adequately provide for examination and evaluation processes Further the academic offering for the 3rd 4th and 5th year of the BA LLB programme as well as the LLM programme is fully integrated and requires a common academic calendar
Hence if NLSIU is unable to complete admissions before the end of September 2020 it will inevitably result in a Zero Year with no admission This will deprive law students of the opportunity to pursue their studies this year at Indias premier law university We are fully committed to ensuring that no student is denied the opportunity to study at NLSIU this Academic Year Hence NLSIU is compelled by the current circumstances to conduct a separate admissions process for the BA LLB and LLM programmes for the Academic Year 2020-21
This matter was considered at length at a Faculty Meeting at the University on August 6th 2020 where the Faculty unanimously resolved that NLSIU needed to take all measures necessary to avoid a Zero Year The Executive Council of the University at its 915t Meeting held in two sessions on August 12 2020 and 18th August 2020 met to consider the matter and unanimously resolved to authorize the University to develop an alternative admissions process in the event that CLAT 2020 was not conducted on September 7 2020
h fin stablished under Kamataka Act 22 of 1986
-tgg On August 28 the Executive Committee of the Consortium of National Law Universities postponed CLAT 2020 from September 7 to September 28 2020 Accordingly this Faculty
Sub-Committee was constituted by the Vice-Chancellor and tasked with formulating a revised admission procedure for the academic year 2020-21 with respect to the BA LLB (Hons) and LLM Programme (hereinafter referred to as Programmes)
B Options available before the Committee
1 Conduct an online entrance exam at identified centres across the country for all applicants
2 Conduct a home-based proctored online entrance exam for all applicents
3 Conduct a home-based proctored online entrance exam for applicants shortlisled as per pre-defined criteria
81 Committees decision regarding Option 1
As per expenditure estimates prepared by the University conducting an online entrance exam at identified centres across the country for aU applicants would cost Rs 4 crores Moreover under the given lime constraints it would be extremely challenging to organise the same Further a home-based online examination discussed in Option 2 and 3 below ensures that candictates do not need to travel to physical centres for an additional examination
Accordingly the Committee decided that option 1 would be unfeasible
82 Committees decision regarding Option 2 and 3
A home-based proctored online entrance exam for all applicants would not be feasible given the expected number ofapplicants (apprOXimately 20000+ for BA LLB and 5000 for LLM considering the late call) and the available funds of the UniverSity unless some minimum fee is charged from applicants If this is done we may make an open call
~Ihere no application fee is charged such an entrance exam is feasible for applicants
shorlisted as per pre-defined criteria Subsequent to the initial deliberations ofthe SubshyCommittee it was made known to the members that the procedure for admissions as finalised by Ihe Academic Council on December 12 1987 was that Admission to tile Law School would be only on the basis of the Written Admission Tes
The Committee discussed the available technology platforms for conducting homeshybased proctored online entrance examination with two vendors (Edchemy and Coshycubes The Commiltee also got in touch with Pearson Vue and NSEIT) A moreurogt exhaustive search may be undertaken by the University before making the choice of technology partner for the entrance exam
With respect to the application fee the University has tlllIO options - (i) to charge a nominal application fee (in the range of Rs 100 Rs 250) to recover part of the costs
111 (with the balance being met by the University funds) or (Ii to not charge any application fee While the CommITtee felt that (i) was ideal a final decision may be taken by the Vice-Chancellor in this regard depending on the final expenditure estimates of the entire admissions process and availability of funds with the University
Therefore having considered all the options it was concluded by the Committee that an online home-based entrance examination conducted for all appticants at the earliest and with the lowest possible application fee would be a fair transparent and accessible admissions process
C Committees recommendation regarding conduct of home based online proctored entrance examination
The syllabus of the examination should be as ctose as possible to the Common Law Admission Test 2020 so that candidates are not required to undertake any additional preparation for the NLS1U Entrance exam The following format was recommended by the Committee
Maximum Marks 80
Duration of the Exam 45 minutes
Question Type Multiple Choice Questions only
Marking Scheme 2 mark per correct answer
-050 marks per wrong answer
-025 marks per skippedunanswered question
Candidates will have to appear for the examination using a computer device with video and audio transmission available They should be informed in advance that the University would noi be responsible for any connectivity issues or failure of intemet connection during the examination
A mock examination should be held to familiarise the candidates with the technology plalform on which the examination will be conducted
There should be a protocol established to deal with potential malpractice since the examination will be attempted by the candidates in a home environment It is understood that the available technology allows for artificial intelligence enabled human proctoring of the examination Additionally the technology vendor will put in place software mechanisms to ensure that forms of examination malpractice will be detected and suitable action taken This should include but is not limited 10 restricting access to different online tabs on the computer audio detection continuous video streaming detection of multiple login attempts etc In addition to proctoring during the examination post hoc verification must be conducted on the besis of detailed logs and data records maintained by the human proctors and the available system records In cases of observed malpractice the candidates examination should be cancelled by the University
At the time of computation of final scores pest the examination if twO or more cajsobtain the sameuro marks a break of tie should be made by the following procedure and order (i Higher number of correct answers to Legal Reasoning Questions (if) Higher number of correct answers in the overall examinatiOn iii) ComputeriSEld draw of lets
n view of the fotegoing discussion on the available options the Vice Chancellor may take the
final deCision 01 the admissions procedure to be followed for the academic year 2020-21
rurfw~_iv___ j J u ----shy
Prof (Dr) Sarasu Esther Thomas Professor 8abu Mathew
Dr Kaushik Basu Mr Kunal Ambasta
Ms Sanyukta Chowdhury Ms Nithya Rhea Rajeshekar
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ANNEXURE R-Il4shy
Honble Justice ~1L U C Lalit Judge the Supreme COlit ofIndia ChairmalL Executive C ounci Xational Law School oIIndia 1Jlliversity
36 September 1010
Sub Decision of the Consortium of -iational Law Universities on 28082020 to postpone
CLAT2020
Honble Sir
Greetings from NLSIU Bangalore
The Comonium of National Law Uillversities of which NLSIU is a member has by its llorification dated 28 August 2020 decided to postpone the Conunoll Law Admission Test CLAT) poundiom September to 28 September 2020 The COVID-19 pandemic has caused llntOreseen diftkulties and delays ill the conduct of CLA T 2020 and the repeated postponement of the examination bas resulted in uncertainty for students parents and the participating llliversities
As you are aware the )JLSlU is uniqudy diadvalltaged as it 1011ows a trimester system where eVelY academIC year i made up of three terllls of 90 days duration Moreover each tel111must accollllllod1te 60 hours of classroom imuuctioll ill each comse anc adequately provide for examination and evaluation processes FUl1her the academic offerillg tOr the 3rd 4th and 5th yem of the BI LLB programme as weH as the LLM prograllulle is fully integrated and requires a COllllllon academic calendar Hence if]1-S1U is unable to complete admissions before the end of September 2020 it will inevitably result in a Zero Year vdth no admissions This will deprive law smdellts of the oppommity to pursue their shldies this year at Indias premier law university TheretOre 1-SIC is compelled by the current circumstances to conduct a separate admissions process for the BA LLB ane LLM programmes for the cademic Year 2020-21
This maHer was considered at length at a Faculty Meeting at the University on Augmt 6 2020
when the C onsortiulll postponed the exam from August 22no to September 7 2010 where the Faculty unanimollsly resolved that NLSIU needed to take all measures neeesalY TO avoid a ~Zero Year
Then the lllmtcr Va placed before you in the EXecmive COllncil at its 9 F meeting held 011 1211
August 2020 wherein it was unanimously resolved to authorize the University to develop an ~-
~ltern~tivc admissions process ill the event that CLAT 1020 WilS not conducted on September jh
2020
Accordingly the Vice Chancellor constituted a Faculty Sub-COlllmittee on August ~020 to denlop a revised admission procedumiddote The Sub-Colllmittee concluded that a common entrance test conducted online at the lowest possible application fee would be a 1aiL tn11lsparent and accessible admissiolls process 8t this The proposab of the Sub-Committee were dicllssed at a F ~cnlty Meeting held 011 31 August 2020 After taking into accollnt the suggestions and
revisiom as necessary the Revised Admissioll Notifications for the Academic Year 2020-21 for
the BA LLB programme and LLlvl programme haw been notified
The lniversity aims to initiate and complete the entire proces by mid-September and begin the Academic Term immediately thereafter While the reyisecl admissions process presents a mOllumental task the careers of the students who have worked hard for this opportunity remain
our top priority
The V ice-Chancellor and I will contlllue to apprise the Executive C ouneil of these developments
and ve thank you for your SUppOl at this time
Sincerely
Prof (Dr) SraSll Esther Thoma
Professor of Law and RegistIar liLSIC tvlember Secretary Executive Council
Copy to (1) Members ofthe Execntlye CounciL NLSIlJ (2) Vice-Chancellor NLsn
-
1)pound0pound flt 15 ct
The Faculty
KltIional Law School oflndia University B8ngillolc
3 September- 2020
Sub Decision of the Cousoltiull1 ofKational Law Universities on 28082020 to postpone CLAT 2020
Dear all
~s you are aware the COllsorriulll ofKntiona Law Clliversities of which NLSIC is a membeL has by its notification dated 28th ugnst 2020 decided to postpone the COllllllon Law Admission Test (CLAT) Hom 7 September TO 28 September 2020 The COVID-19 pandemic has caused
uuforesen difficulties and delays in the conduct of CLAT 2020 and the repeated postponement of the examination has resulted ill uncertainty for students parents and the participating
Cuiversities
At the Faculty deeting at the liuivelsity on August 6th 2020 the mailer was considered at
length when the CLA T 2020 wa postponed fiom Angust 2211d 2020 to September 7th 2020 and need to avoid a delayed cademic Term was discllssed NLSlli is lllliqueiy
disadamaged as it follows a nilllestersystem where eely academic year is made up of three
Tenns of 90 days dmmion ldoreover each term 1ll1lSt accommodate 60 hours of classroom illSh11Ctioll in each course and adequately provide tOr examination and evalnation processes
FunheL the aCBdemic offering tor the 3rd 4th and 5th year ofThe BA LLB programme as well
as the LL2gtI programme is fully integrated and requires it COIlllllon academic calendar Hence if NLSlt is unable to complete admissioIlS before the cud of September 2020 it wil iueitably result in a Zero Year with no admissions that deprives law students of the opportunity to pursue their smdies l11i year at Indias premier law university At this meeting the Faculty Imanimously
resolved that NLSIC needed to take all measures necessmy to avoid a Zero Year
Tllereatler the matter was also placed before the Executive Council at its 91t meeting held on
12 August 2020 wherein it was ullanimously resolved to aurholize the University to develop an altemmive admission process in the event that CLAT 2020 was not conducted all September
2020 Therefore NLSlt is cOlllpdled by Ille current cncumstances to conduct a separate admissions process for the B LLB and LLM progrmnmes for the Academic Year 2020-2 L
Accordingly the Vice Chancellor constilllted a Faculty SubmiddotCommittee on 28 August 2020 to
develop a revised admissions procedure The Sub-Commirree concluded that a common ntlance test conducted online at the lowesl possible application fee vould be a fair
lransparem and accessible admissions nrocess at this stage The pro])osals oftlle Sub-Committee - - ~
were discussed at the Facultv Meetimr held on31 Augnst 2020 Afler taking-
into aCCOllll the ~
snggestions and revisions as llece~sm) the Revised AdmJion otificarions for the Academic
Year 2020-21 for the BA LLB programme and programme have been notified on the Cniversity Yeb~ite
The Cniversit aims to initiate and complete the entire process by mid-September and begin the Academic Term immediately thereafter While the reised admissions ploce presents a monumental task the careers of the students who 1mve worked hard for this opportunity remain
our top priority
The Vice-Chancellor and I shall continue to apprise the Faculty of the developments and we thank you for yom SUpjlOlt al this time
Sincere
Prof (Dr) Snmsu Esther Thomas Professor of Law and Registrar ]LSn
ltlember Secretary Executive Council
Copy to (1) Member offacuIty NLSlli
(2) Vice-ChallCellQL NLSIC
~) rRua (IPYshy
JNNEPCUJlpound R-Jb 8
Tlle PI ident
ConSOl1iUlll ofltational Law Cmverities
3 September 2020
Sub Decision of the Consortium dated 270820 to postpone CLAT 2020
Dear Prof VijaykumaL
Guering ilOlll LSru Bangalore
The COVID-19 pDlldemic has caused unforeseen difficulties and delays in the conduct of CLAT
2020 The repeated postponement of the examination has reulred in ullcel1ainty for students
parms and the pmticipating Cuiverstie
LSIl is uniquely disadnmaged as it follows a trimester system where evelY academic year is
made up of three tenlls of 90 days dmation rIoreover each term must accollllllodate 60 hours of classroom instruction in each course and adequately provide for examination and evaluation
processes Further the academic offering for the 31d 4th and 5th year of the BA LLB
pro~ml1111e as well as the LLrl progrmllllle is fully integrated and requires a common academic
calendar
Hence if ll_SIU is unable to complete admissions before the end of September 2020 it will
inevirably resut in a Zero Year with IlO admissions This deprives law sludents of the
opportunity to pursue their mdies tills year at Indias premir law university Therefore ](LSIU
is compelled by the ClliTem circumstance to conduct a separate admissions process for the BA LLB and LLM programmes for the gtcademic Year 1020-21
This matter was considered at length at a F acuIty lHeeting at the Cuiversiry on August 6th 2020 where the Faculty unanimously resolved that NLSIC needed to take all measures nec6sary to avoid a Zero Year The Execmive COllllcil ofte Cniversity the 91s1 EC meeting held in two
sessioLlS 011 12th Ausmst 2020 and 1 Stl August 1020 considered the maner and unanimously- ~
resolved TO authorize the University to develop 0Jl altemative admissions process in tile evem
tlwt CLAT 2020 was not conducted on September 7th 2020
On August 28th the Executive COlllmittee of the COllsortiull of National Law Universities
postponed CLAT 1010 from September 7th to September 28th 2010 III these circulIlstances
NLSIU is compelled to conduct a sepmate admissions process forthe Academic Year 2020-2 L
I reiterate that NLSIU will continue to discharge all its responsibilities as a Founder )middotlember of the COllS011iulll Rncl the Vice-Chancellor in his capacity as ex-officio Secretary-Treasurer shall
extend all necessary SUppOH to the Consortium for the SUCCessful condlct of CLAT 2020 at the
earliest possible date
I am continuously available to clarify any of these developments on the email and the phone e
request yon to take all necessalY steps 10 connmlllicale this to all students who have registered for CLAT 2020 as we lllUICt conduct the admissions process with the least possible
disl1lptioll
Sincerely
Sarasu E1her Thomas Registrar NLSIC
Copy to
(1) vIr Bahaj Chaul13ll CLA T COllvenor (2) Members of the Consortium
~~~2
ROE c Flyshy
AIIIIIIpound1CtfJa R-jrr ~ATIO~AL LAW SCHOOL OF LiDH t7~IVERSITY BEGAIXRl I0 0
PROCTORING PROTOCOLS
THE KATIONAl LAV APTITlDE TEST 2020
NLSIF uims TO ensure that the NLAT 2020 is an accessible smdem-triendly examinmion registered candidares are required TO follow the highest standards ofacademic integrity while raking the res The Proctol1ng Protocols to monitor the examination process are sel om below
middotmiddotmiddotmiddotmiddot~-middot~rmiddot~middotmiddotmiddotmiddot-~middotmiddot-middotmiddotmiddot~middotmiddot ------~~
50 lIalpracticf Ownersbi]l PradoI Ation
1 I111pcfsonation Proctor L Record Malpractice I
~(determined at of _ Do not allow the impersonator to starr candidate validmion the xmninatioll prior to cxanllmnion 3 For PWD candidates both the commencement) candidateS and scribes GOV1 Photomiddot
I ID must be verified bull
2 Inappropriate Proctor Proctors will send a message to such surroul1dings ar teSC candidates Please sweep th canlra location External help ill a circle around me place you are solicited (suspected) taking the assessment and i or (Someone otiler than Please tilt rhe devicemiddot keyboard you pennitted scribes are using for the assessment)present in the vicinitv
1 Candidates to show 8 360-degree view candidate looking ill of the emire room by mming on a mher directions webc8m (Iapmpsidesktopsl or fromcontinllollsly
periodically candidate camera (as directed by proctor) talking communicating (mobile devices) tilt the device
Iin any other manner keyboard as instrUCTed dlh SOIlleone other thrill 3 If any 1llla1lthorised person or penllired scribes unauthorised device is observed in the
candidateS vicinity including but not limited to person(s Othef than permitted scribes HDMI cabies extemal devices projection of the feSt screen etc proctors m terminate the candidates examination attempt
I inUlledlately
4 If the proctor observes a phone rabler other device falling slipping when the device keyboard used for the assessment is tilted proctor to terminate the exam immediately
5 Any candidate who fails to comply with the proctors instruction within 45 seconds will be logged OUl of the examination ProcmfS may permit 10 additional seconds in simations where they ill Ildr ciretiol1 determine that
10 ~-()
3
4
5
6
s
~IaljJractke
T alkingiS peaklngJvIaki ng Gestmes (could include gestures that indicate to the proctor candidate may be using another demiddotic~middotmiddot looking at chat applications InirrofJ other screen etc ) VindQw ~ u (Accessing any other window other than the test vinoo)
I
Lac Face not Detected (Candidate not present in front of systenl)
-fllltipJe persons detected
i Foreign Device Observed (~vlobileT ab letsCa leuia tors etc)
Candidates observed
II OwnerSlliL I
Proctor l
0_
3
Systell1 Ii
0_
Proctor l _
3
LProctor _
3
Proctor i
Proctor L
P~()ct()r Actim the candidate may 110t hay noticed l11essages i1-0111 the proctor in the course of anc~llpting the exarlination Send tlyo yarnings m the cnndidare If a candidate persists with this be11ayio1[ the procmf shalt inform tbe Super Proctor Super Proctor may recommend t11m candidates should be conracted through the system for clarification or disqualified
Candidate will be loggerl our of the -xal - middotl1hafmiddoto~h at~middot1 c1 _ ~UCh - ~ 1 dllC1UY I
accounts for occasional 0Jc~m popmiddot ups Inacyertent errors)
Proctor may issue to candidates when the first tiw attempts afe detected
Send one warnjl1~ If the candidate does nor reUlrn within 45 seconds tennlnate the candidates examination attempt immediately Proctors Jllay permit 10 additional seconds in situations Where they in theit discretion determine that the candidate 111ay not hay noticed
--warning messages 110111 the proctor in the conrse of Jttempting the examination Send one vaming to the candidate
~~~~
If the other person does not leave imrnediatcly tenninatt the candidateS fxaluination rmempt immediately Proctors shall when comempla ring the abo1e actions account for a PVD candidmes fhm may be
_cHsing b Candidates that mav be 3D faring~p
for the exarnination at test centres
Send one wamin to the candidate If the candidate still persists terminate the candidate5 ~xalnination attempt immediately Send one to the candidate
7
i f--
S~o r HalpnKtke OWllerlthiJ Acflim
Headphones Blueworh _ Check if the candidate is only using it Audio devices for microphones purposes fle
plugged into systel11 as an external 3uaclled microphone bur candidate is not wearing earptcef h~adset)
o If the candida does nor comply with
the proctors instructions rermilk1te the candidate s examination attempr I immediarely_- ----+-_--shy
9 Simulmn~ou5 login Proctor L Proctors will observe rhe picmres of nne1l1pts 11mlriple candidates fr01l1 all such dcices
~0 _ If ir is observed rhar someone other rhan the candidate is using snell other d~vic~s proctor to renuinme the exafn immediately
3 If a candidate is observed on all snch Ideices proctor will flag the issue for
the Super Proctors anenrion Super Proctor nlay recoffilllend that
Ibull bull
candidates be contacted through the system for claritlcarion or disqualified Further investigation posr the examination may be carried out with help of audit togs generated on the SYSTem and lLSIU may disqualify the cundidllle upon such I eXaJlJnation
10 Any other malpractices Proctor Super Proctors Super Proctors may in nor describe above Proclor addition to situations where Proctors
Super Proctors detect any potential malpracrices as described above ask the candidate to perform any of the aceions described ill this column titied Proctor Action at any lime and tU
their discretion III addition to the demits set om in
these Prorocols~ the Super Proctors shall haVe the authoriry 10 disqualify a candidate terminate the candidate S examination attempr in the event they detect any act or onssion that docs nol comply with the requiremems of inregriry of a test of the llamre of the -LAT 2020
~OTES
j Instructiolls will provided to candidates on the rest screen as well as in advance of rhe examinarioll in a Candidare MannaI in relation to sinrariolls such as power ems internet
3
lo~ faiiures The assessment system used for the NLAT ~020 may permit the candidate to continue ansrering the question paper In events of internet failure hoyever this is subject to the Proctors discretion and subject TO the candidate system re-connecting to the examination interface it11i11 the rhlle and in the l11anner stipnlated ill the Oll~$creell instmctions and the Candidate ManuaL lilile every attempt shall be made to ensure that commullications instructions and requests promptly are delhered to candidates during the examination process candidates shall have the responsibility to ensure that they respond to such communications messages instructions and requests promptly
3 NLSIU reserves the right upon conducting a derailed and thorough sCl1lriny ofrhe system reports generated for short1isted candidates after the exanlination to any such candidates test scores in the event the system reports in KLSICs opinioll reveal any act or omission tllat does no comply 1rh the req1irements of of a res of the namre rhe NLAT 2020
4 NLSIU rnay re-iey update these Protocols at any tilne prior ~o the exarninarlon at discretion All registered candidates shall be Infof1ned of such elSlOllS l1pcla~s prior ro time of their examination
0-+ A~exURR-IebullNATIONAL LAW SCHOOL OF INDIA UNIVERSITY
Post Bag No 7201 NAGARBHAVI BENGALURU bull 56C 242 (Old Code No 560 (72) INDiA
T6efax OSQ 2321 31602315 Q532 535 Fax 080 2316 0534 Website VhOIS(1CT EmaM
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1i1I Jur lh- liPL Ll 1 I 2u~o gtlJhitbLlt Hi
J A University for Lega Studies and Research sponsored by the Bar Council of IndJa and established under Karnataka Act 22 of 1986
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
IN WRIT PETITION (CIVIL) NO1030 OF 2020
IN THE MATTER OF
RAKESH KUMAR AGARWALLA amp ANR PETITIONERS
VERSUS
NATIONAL LAw SCHOOL OF INDIA UNIVERSITY
BENGALURU amp ORS RESPONDENTS
APPLICATION ON BEHALF OF RESPONDENT NO1
SEEKING EXEMPTION FROM FILING DULY ATTESTED
ORIGINAL COUNTER AFFIDAVIT
TO
THE HONBLE CHIEF JUSTICE AND
OTHER HONBLE JUDGES OF THE
HONBLE SUPREME COURT OF INDIA
THE HUMBLE APPLICATION OF THE
RESPONDENT NO1 ABOVE NAMED
MOST RESPECTFULLY SHEWETH 1 That the respondent No1 is filing the accompanying Counter
Affidavit of its authorized representative in the present matter
2 That the Respondent No1 craves leave of this Honble Court to
refer to and rely upon the contents of the accompanying countershy
affidavit
loi 3 That due to the situation prevailing on account of corona virus
pandemic the authorized representative of the respondent No1
is unable to get her Counter Affidavit duly attested f notarized
Accordingly the respondent No1 is constrained to file the nonshy
attested signed affidavit in support of the present countershy
affidavit
4 That in the light of the above-mentioned facts and circumstances
which are beyond the control of the Respondent No1 it is
imperative that the Respondent No1 is exempted from filing the
duly attested Affidavit in support of the present counter-affidavit
5 That the present application is made bonafide and deserves to be
allowed in the interest of justice
PRAYER
It is therefore most respectfully prayed that this Honble Court
may graciously be pleased to allow this application and
(i) Exempt the Respondent No1 from filing of the duly attested
original Counter Affidavit and
(ii) Pass such order(s) as this Honble Court may deem fit and proper
in the facts and circumstances of the present case
AND FOR THIS ACT OF KINDNESS THE APPLICANTS AS IN DUTY
BOUND SHALL EVER PRAY
FILED By
~ (KUMAR DUSHYANT SINGH)
ADVOCATE FOR THE RESPONDENT No1 FILED ON 14092020
ItJ1
iN SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
IN WRiT PETITION ViL) NO1030 OF 2020
rnON[HS
VERSlS NnOiIL LNV SCHOO GF INDiA UrJ1VERSiTY
l~G Ul-ZU amp OFS
AFFIDAVIT ) fhO[vlS fv1L Nt Thornas
years at Faculty Quarters Block 2 National ind Nagarbhavi Bengaluru 560072 do afffr and statG on oath as under
the Respondent NO1 in the present
VJith of the case and
affirrn to this affidavlt
2 the contents of accompanying application exenlption are
true correct ~o my Knowledge and belief nOthing rrt3hrial
llas concealed ti
VERIFICATION
at Bengau(u on)~ cay of September 2020 that the
contents of above affidavit are true and correct to my knOWledge and
and nothIng rnateria has concealed therefrom
5 other hand the other 21 colleges would not be affected as they
follow a semester system
7 Without prejudice to the foregoing preliminary contentions
regarding maintainability NLSIU craves leave to submit
regarding the merits of the matter as follows
RE FACTUAL BACKDROP RELATING TO NLAT 2020
Brief Background regarding NLSIU
8 NLSIU is established pursuant to a joint initiative of the Honble
Judiciary the Bar Council of India (BCI) and the Karnataka Bar
Council with a view to create a premier institution of legal
education in India It was set up by the National Law School of
India Society established by BCI Trust as a society under
Karnataka Societies Registration Act 1960 comprising members
of the Bar and legal academics to establish a leading national
institution for legal studies The said society approached the
Government of Karnataka to host the school in Karnataka The
State of Karnataka agreeing to such request enactedthe
National Law School of India Act 1986 (Karnataka Act No22 of
1986) for this purpose (NLSI Act)
9 NLSIU which was established as an autonomous national-level
institution under the NLSI Act is now recognized globally as the
premier institution for imparting legal education in the country to
students from India and overseas
10 NLSIU at present offers the following courses of legal study
a five-year undergraduate programme leading to the award of
BA LLB (Hons) degree
b one-year postgraduate programme leading to the award of
LlM degree
c two years Master of Public Policy post graduate
programme and
d Ph D I M Phil Research Degree programme
11 NLSIU carries out its functions autonomously regulated by its
governing bodies under the NLSI Act in consonance with the
professional legal education standards prescribed by the BCI In
exercise of its said autonomy NLSIU defines its own pedagogy
and the structure of the courses of legal studies to be offered by
it as also various structural elements such as its academic
calendar faculty intake and capacity etcetera
Brief Background regarding Historv ofAdmissions to NLSIU and Genesis of eLA T
12 From inception NLSIU has had autonomy in determination of its
admissions process The mode of admission into the University
was originally fixed by the Executive Council in its first meeting
dated 29081987 to 30081987 wherein it was decided as
follows
I The draft proposal of the Academic Council to Actions have the selection of the students done through will be an All India admission test and interview was taken as approved The procedure for admission Test per the and the selection may be decided by the decision Academic Council and implemented by the of the Director However the Executive Council Executive disapproved the recommendation of the Council Academic Council to pay one-way second-class train fare to the students called for the interview
The Council noted the sample objective type question paper presented by the two experts on the request of Professor Upendra Baxi However the matter for finalizing the test was left to the Academic Council and the Director The Council noted the format of admission Test provided by MIs RC Mishra and CB Dwivedi of Banaras Hindu University as the instance of Professor Upendra Baxi
True Copy of the relevant extract of the Minutes of the First
Meeting of the Executive Council is annexed herewith and
marked as ANNEXURE-R-11 (Page No l-40)
13 Pursuant thereto the Academic Council of NLSIU met on
12121987 and resolved the final procedure for admission True
Copy of the minutes of the meeting dated 12121987 is annexed
herewith as ANNEXURE-R-1I2 (Page No 51)
14 Until 2007 NLSIU was conducting its own entrance examination
for admissions into its various programmes Pertinently even till
date NLSIU continues to conduct its own admissions process for
the MPP programme and Ph D programme mentioned in
paragraphs 1 O(c) and 10(d) above
15 In or around 2007 in the backdrop of proceedings before this
Honble Court in Varun Bhagat v Union of India and Ors
wP(C) No 68 of 2006 a meeting of the (then-existing) seven
National Law Universities was convened by the Ministry of
Human Resource Development to consider implementation of a
joint entrance examination for admission to the said NLUs The
seven NLUs entered into an MOU to conduct a common test
J known as the Common law Admission Test (ClAT) It was
agreed that each participating University shall conduct the exam
by rotation The matter of adopting such a common entrance test
was also deliberated by the Executive Council of NlSIU in its
meetings dated 27012007 and13052007 wherein the
Executive Council directed that NlSIU should ensure it plays a
lead role in implementation of such common entrance test True
Copy of the minutes of the meeting of the Executive Council of
NlSIU dated 27012007 is annexed herewith and marked as
ANNEXURE-R-113 (Page No +)
True Copy of the minutes of the meeting of the Executive Council
of NlSIU dated 13052007 is annexed herewith and marked as
ANNEXURE-R-114 (Page No S 16 Thereafter the ClAT process itself was called in question before
this Honble Court in two separate proceedings ie Shamnad
Basheer v Union of India WP(C) No 600 of 2015 and Disha
Panchal v Union of India WP(C) No 551 of 2018 In Disha
Panchars case where grievances relating to ClAT 2018were
raised this Honble Court directed the Ministry of Human
Resource Development to appoint a Committee to investigate
1o CLA T 2018 suggest remedial measures and look into future
arrangements for the exam and this Honble Court also observed
that the idea of different NLUs conducting the exam each year
needs to be revisited In Shamnad Basheers case four issues
were raised regarding CLAT namely (a) the decision of the
Universities to conduct the exam in turn by rotation (b) the
quality of the exam itself (c) the integrity of the exam and (d)
issues relating to accessibility particularly amongst
underprivileged segments of society
17 The concerned NLUs in this backdrop and independently of any
directions of the Honble Courts in the said proceedings resolved
to establish a Permanent CLAT Secretariat at NLSIU Bangalore
by incorporating a registered society namely the Consortium of
National Law Universities A plain reading of the Memorandum of
Association and Bye-Laws of the Consortium clearly
demonstrates that the objectives and purposes for which it was
formed were multifarious in nature and not restricted to
conducting the entrance exams The concerned NLUs further
decided that the said society would be responsible for conducting
the exam under the leadership of the Consortiums Executive
Council Based on the said decision the Respondent NO3 (the
Consortium) was formed as a society under the Karnataka
Societies Registration Act 1960 NLiSU was given a central and
prominent role in the Consortium and it was decided that the
Secretariat would be permanently located at NLSIU Bangalore in
order to address the concerns raised in Shamnad Basheers
case
18 The Petitioner in the said case however(relying on an Expert
Committee Report submitted in Disha Panchals case
recommending that a government agency be mandated with
conduct of CLAT sincemiddot rotation-based implementation by
individual colleges was undesirable which Report had been
submitted prior to constitution of the permanent Consortium
Secretariat) pressed for the National Testing Agency to be
entrusted with conducting CLAT This Honble Court vide its
latest Order in the above proceedings dated 28112018 directed
the Ministry of Human Resource Development to convene a
meeting amongst the stakeholders to consider this prayer True
Copy of the order dated 28112018 in wp(C) NO600 of 2015
12 titled as Shamnad Basher Vs Union of India is annexed
herewith as ANNEXURE-R-1f5 (Page No amp-I-J) However thereafter there have been no further proceedings in
the said case
19 As is clear from the foregoing establishment of the Consortium
and CLA T were purely voluntary decisions taken by the
respective NLUs pursuant to deliberations amongst them and in
order to resolve issues and concerns that had been raised by
various stakeholders including in the afore-described
proceedings before this Honble Court Further and specifically
to the best of the Answering Respondents knowledge - and on a
perusal of the various Orders of this Honble Court in the
aforesaid proceedings- it is crystal clear that this Honble Court
did not issue any directions to establish or implement either a
common law entrance exam or a Consortium of National Law
Universities In fact even the Petitioners do not rely on any such
Orders
20 The voluntary nature of participation in the Consortium and
consequently CLAT is also established by the fact that the Bye-
Laws of the Consortium itself provide for voluntary withdrawal
13 which could never have been permitted if the Petitioners
contention that it was the result of Orders of the Honble Court is
correct
21 NLSIU as a party to the deliberations amongst the NLUs
described above has been at the forefront of implementing
CLAT and also taking continuous measures to enhance and
improve the CLAT admissions process right from the inception
and till date
Events relating to CLAT 2020 Inordinate Delay in Holding CLA T 2020
22 Even for the Academic Year 2020-21 NLSIU actively partiCipated
in the announcement and implementation process of CLAT 2020
23 As per the original schedule for CLAT 2020 the exam was to be
conducted on 10052020
24 However starting from March 2020 and thereafter the
Consortium resolved from time-to-time to reschedule the CLAT
2020 due to the COVID-19 pandemic as follows
Date of decision to Rescheduled Rescheduled Decision reschedule from - Date to- Date taken by
21042020 10052020 21062020 General Body
18052020 21062020 To be notified Executive Council
14shyI
29062020
05082020 I
10082020
28082020
NA
I
22082020
NA
07092020
22082020
To be notified
07092020
28092020
Executive Council
Executive Council
General Bodv
I Executive bullCouncil
25 As is clear from the foregoing CLAT 2020 which was originally to
be held on 10052020 now stands delayed by more than four
months to 28092020
26 The aforesaid decision to postpone CLA T 2020 to 28092020
would have compelled NLSIU if it were to rely on CLAT to
complete its admissions to declare a Zero Year ie forgo
admissions into the first year of its BA LLB and LLM
programme for the reasons explained hereafter
27 NLSIU amongst 23 NLUs is the only NLU which maintains a
trimester system-based academic calendar The trimester system
is implemented as per the decision of the Executive Council of
NLSIU in its 4th meeting held on 11091988 The Executive
Council in the said meeting decided that each Academic Year
shall be divided into 3 academic terms of mandatory 70 working
days each True Copy of the relevant extract from the Executive
S Committees Resolution dated 11091988 is annexed herewith as
AN N EXURE-R-1 16 (Page No J)
28 The requirement to hold mandatory seventy working days in each
trimester rests on the fact that NLSIU offered a novel integrated
five year dual-degree programme that would otherwise take six
years to effectively deliver In this backdrop in order to comply
with applicable UGC guidelines and justify a five-year
programme the University devised a trimester-based model
which could sustain the additional workload and justify the five-
year timeframe The same therefore necessarily requires an
academic year to be at least 285 days long (even if the usual 15
days break at the end of each term required for evaluation and
analysis is reduced to 5 days) A detailed note explaining the
aforesaid timeframe required for completion of an academic year
are annexed herewith as ANNEXURE-R-17(Page NOT~
29 Therefore the requirement to complete 285 days in the Academic
Year 2020-21 coupled with the requirement to start the next
academic year (2021-22) on 01072021 meant that NLSIU has
to start its first-year classes for the Academic Year 2020-21 by no
later than 18092020
I 30 Pertinently the impact of delays in CLAT on academic calendars
is not only real but also felt by other institutions For example
Nirma University which conducts its LLM programme on the
basis of trimester system was constrained to withdraw from
CLAT 2020 due to the delays in conduct of the same True Copy
of the Communication of Nirma University to the Registrar of
NLSIU dated 12092020 is annexed herewith and marked as
ANNEXURE-R-1S (Page NO-=t-)
NLSIUs Efforts to Complete Admissions through eLAT 2020 Process
31 NLSIU in view of the need to complete admissions and
commencement of the course by 18092020 made substantial
bona fide efforts to convince the Consortium to facilitate the
conduct of CLA T 2020 in a timely manner
32 The Respondent No2 has in his Counter-Affidavit laid out the
efforts made by him to avoid postponement of CLAT 2020 NLSIU
adopts the averments made in this behalf in full True Copy of the
table prepared by the Respondent No2 and produced in his
Counter-Affidavit describing the said efforts is annexed herewith
as ANNEXURE-R-19 (Page No i1f~
33 Further in light of the repeated delays when CLAT 2020 was
postponed on 28082020 to 07092020 NLSIU also proposed
several alternatives to the Consortium which would enable
universities to complete their admissions within the timeframe
required whilst leaving it open to members if they so choose to
delay their admissions process The options furnished were (a)
for NLUs to proceed with their own admission process for 2020shy
21 (b) allow for CLAT 2020 to be conducted in two series so that
Universities may choose an earlier or later date and (c) for NLUs
to admit CLAT-enrolled students to appear for separate exams
conducted by the NLUs with no further need for registration or
fee payment However the members of the Consortium did not
agree to any of the alternatives suggested Subsequently on
10082020 the General Body of the Consortium met and
decided to hold CLAT 2020 on 07092020 If CLAT 2020 was so
held it would have enabled NLSIU to complete the admissions
process in time to meet the requirements of its academic
calendar
Faculty and Executive Council Decision re Alternative Admissions Process Announcement of NLAT 2020
34 The Faculty of NLSIU at their meeting dated 06082020 had
considered a short presentation made by the Registrar of NLSIU
on the effect of the postponement on NLSIUs admissions cycle
and academic year and noted the dangers of a Zero Year
including loss of talent to the University loss of opportunity by
students to study at NLSIU and monetary losses over 5 years
The Faculty in this backdrop unanimously resolved that NLSIU
needed to take all measures necessary to avoid a Zero Year
True Copy of minutes of the faculty meeting dated 06082020 is
annexed herewith as ANNEXURE-R-110 (Page NOI)
35 As the continued delays in CLAT 2020 would frustrate NLSIUs
academic calendar the Executive Council at its 91 51 Executive
Committee meetings dated 12082020 and 18082020 resolved
and directed the University to implement an independent
admissions process if the CLA T 2020 was further delayed beyond
07092020 True Copy of the draft minutes of the 91 s1 Executive
Council meetings dated 12082020 and 18082020 is annexed
herewith and marked as ANNEXURE-R-111 (Page NO +- tamp)
Efforts taken to Implement NLA T 2020 Effectively with Engagement of All Stakeholders
36 NLSIU being left with no other alternative had to act with alacrity
to complete the admissions process and commence classes by
18092020 and avoid a Zero Year
37 In this backdrop and pursuant to the directions and instructions of
the Executive Council at the meetings dated 12082020 and
18082020 to devise alternative methods to complete
admissions the Respondent No2 convened a Admissions
Committee to consider the modalities for completing admissions
The Admissions Committee considered three options for
admission for incoming students First a centre-based computer
entrance examination Second a home-based online examination
for all students and Third a three-stage process providing weight
age to 10+2 marks online entrance examination and an
interview
38 The Admissions Committee in weighing the feasibility of the
aforesaid options took into account all relevant factors including
the time constraints and costs the requirement to ensure that
candidates are not put to any undue disadvantage as a result of
the decision and also the prevailing practice of NLSIU prior to the
introduction of the CLAT to conclude that an entrance test
conducted online at the earliest and with the lowest possible
application fee would constitute the most fair transparent and
accessible admissions process in the above circumstances The
Admissions Committee expressly noted that the said approach
would be in line with the decision of the Executive Council in its
meeting dated 28081987-30081987 as also the subsequent
decision dated 12121987 of the Academic Council whilst
implementing the aforesaid view of the Executive Council (which
decisions are more fully described hereinafter)True copy of the
Report of the Admissions Committee is annexed herewith and
marked as ANNEXURE-R-112 (Page No S=J) 39 On 31082020 NLSIU convened a Faculty Meeting and the
proposals of the Admissions Committee were duly deliberated
and accepted The Faculty unanimously agreed that a separate
admissions procedure would be in the best interests of the
students and NLSIU True Copy of the minutes of the Faculty
2 Meeting dated 31082020 is annexed herewith and marked as
ANNEXURE-R-113 (Page N0-11)
40 Pursuant thereto the Vice-Chancellor formed a team consisting
of faculty members and professionals to finalize the modalities of
the examination and also appoint after evaluation the
appropriate service providers to facilitate the conduct of the
examination
41 Thereafter once these actions were completed by the said team
and the modalities were frozen the Respondent No2
communicated I caused to be communicated through the
Registrar the final arrangements to the Nominee of the
Chancellor the Executive Council the Faculty of NLSIU and also
the Consortium itself The details regarding the same as also the
conversation between the Respondent No2 and the nominee of
the Chancellor of NLSIU are averred by Respondent No2 in his
Counter-Affidavit NLSIU craves leave to adopt the said
averments True Copy of the Communication dated 03092020
regarding NLA T 2020 issued to the Nominee of the Chancellor
and Executive Council members is annexed herewith as
ANNEXURE-R-114 (Page No ~V
True Copy of the Communication dated 03092020 regarding
NLAT 2020 addressed to the Faculty of NLSIU is annexed
herewith as ANNEXURE-R-115 (Page No -1) True Copy of the Communication dated 03092020 regarding
NLA T 2020 addressed to the Consortium of National Law
Universities is annexed herewith and marked as
ANNEXURE-R-116 (Page No It)
42 Therefore the decision to hold NLAT 2020 was notified on
03092020 only upon completing the processes described
above and with due and full disclosure to internal stakeholders
the Executive Council as also the Consortium itself
43 It is in the above factual backdrop and pursuant to permission
granted by this Honble Court in its Order dated 11092020 in the
above proceedings that NLSIU has implemented NLAT 2020 with
a view to avoid declaring a Zero Year
RE LEGALITY OF NLAT 2020
Re Statutory Power of NLSIU to Convene NLA T 2020 Scope of Executive Councils Powers under Statute
23 44 NLAT 2020 is implemented by NLSIU in the aforesaid factual
backdrop and in exercise of its statutory powers and functions
Pertinently it is implemented pursuant to and in terms of the
express decision of the Executive Council in the 91 stExecutive
Council Meeting wherein in the second session of the said
meeting held on 18082020 it was resolved as follows
The Executive Council unanimously reconfirmed this resolution to empower the Vice Chancelor and the University to conduct an independent admission process in the event that CLAT 2020 is delayed furthet
45 The power of the Executive Council to make this decision is
manifest from Section 10 of the NLSI Act which provides as
follows
10 The Executive Councilshy
(1) The Executive Council shall be the chief executive body of the School
(2) The administration management and control of the School and the income thereof shall be vested with the Executive Council
46 Even as per the settled law laid down by this Honble Court in
TMA Pai Foundation v State of Kamataka (2002) 8 SCC 481
the right of the educational institution under Article 19(1 )(g) of the
Constitution as recognised by this Honble Court encompasses
the right to admit students In the said Judgment at para 50 this
Honble Court held as follows
50 The right to establish and administer broadly comprises the following rights
(a) to admit students (b) to set up a reasonable fee structure (c) to constitute a governing body (d) to appoint staff (teaching and non-teaching) and (e) to take action if there is dereliction of duty on the part of any employees
47 As a matter of historical practice as well the Executive Council is
the supreme authority which is empowered to take decisions as
the chief executive body of the school The same is evidenced
from
a The decision of the First Executive Council meeting dated
29081987 - 30081987 wherein the mode of admission
is decided (produced above as Annexure R 1) and
b The decision at the Executive Council meetings dated
27012007 and 13052007 regarding admission through a
common entrance test (produced above as Annexure-R-13
and Annexure R-14 respectively)
2S 48 It is therefore indisputable that the determination of the method
of admission to NLSIU vests under the statute with the
Executive Council
49 The related contention that the Executive Council cannot decide
on the mode of admission without reference to the Academic
Council is misconceived The said contention is asserted on the
basis of conditionality imposed by the Second Proviso to Section
13 of the NLSI Act requiring that the Executive Council seek the
concurrence of the Academic Council before making amending
or repealing any regulations regarding the mode of enrolment or
admission of students As is clear from a plain reading of the said
provision the requirement for prior concurrence arises when the
Executive Council exercises its power to make regulations
50 In the present case there are no extant regulations in place
regarding or in respect of admissions into NLSIU
51 It is well-settled as per the law laid down by this Honble Court in
PTC India vs Central Electricity Regulation Commission (2010) 4
SCC 603 that the executive or administrative power vested in a
body under statute can be exercised independently of and
without recourse to subordinate legislative power vested in it
under the same statute In the present case the Executive
Council has exercised its executive or administrative power
which is not conditioned in any manner
52 The other contention sought to be urged in this regard that the
Vice-Chancellors decisions to hold NlAT 2020 do not fall within
the scope of are not authorized by the aforesaid decision of the
Executive Council dated 1218092020is also misconceived In
the first instance the said contention is wholly false for reasons
stated in the Counter-Affidavit of the Respondent No2 (the Vice-
Chancellor of the Respondent NO1-University) and the same is
fully reiterated herein In any event the said contention is also
untenable in law in view of Regulation 12 (re the Executive
Councils powers of delegation to the Vice-Chancellor)
Regulation 18(2) (re the Vice-Chancellors powers co-extensive
to the Executive Council) and Regulation 18(5) (re the
emergency powers of the Vice-Chancellor)
Re NLSIUs Power and Right to Conduct an Alternative Admissions Test to CLA T 2020 is not Constrained bv Orders of the Honble Courts
2~ 53 NLSIU adopted CLAT for purposes of admissions on a voluntary
basis
54 It is denied that there are any judicial directions to the NLUs to
hold CLA T In fact the Rajasthan High Court in respect of a
prayer for directions to NLU Delhi to admit students through
CLAT refused to do so in the case of Law Prep Tutorials Pvt
Ltd v Union of India DB Civil WP(PIL) No 754 of 2017 by
holding as follows
So far joining or not of a particular University in the Common Law Admission Test is concerned as at present we are unable to find any specific legal requirement where for any particular University may be directed to join the Common Law Admission Test by the Court Further the issues as to how the admission process and the examination process is to be conducted are required to be left for the decision and execution by the organising University Therefore as regards prayers Nos 4 and 5 we are not persuaded to entertain this petition
[Emphasis supplied]
55 The convenor of CLAT at that time viz Gujarat National Law
University was a party to the above case Therefore the
Consortium now cannot contend that CLAT is a mandatory
requirement for NLUs which contention is squarely contrary to
the aforesaid finding
56 In fact the Petitioners themselves do not rely upon any directions
of the Honble Courts in relation to establishment of CLAT or
adoption of the same The reference made to the Preamble of the
Consortiums Memorandum of Association in this behalf is
misconceived The language therein clearly depicts that this
Honble Court directed the Ministry of Human Resource
Development to convene a meeting amongst NLUs and the NLUs
then proceeded to consider the matter and resolved voluntarily
to conduct the CLAT exam The relevant recitals in this regard
as extracted below
AND WHEREAS on the direction issued by the Honble Supreme Court in Varun Bhagat v Union of India [WP NO68 of 2006 decided on 23112007] and due deliberations made by the University Grants Commission Ministry of Human Resource Development Government of India and the Council with the first seven NLUs the idea to conduct a combined test for all the thenshyexisting NLUs was conceptualized
AND WHEREAS seven existing NLUs in the year 2008 signed the Memorandum of Understanding dated November 23 2007 [the MoU] to hold a combined admission test to be organised by an NLU on rotation basis in the order of seniority
57 There are no Orders whatsoever in any of the proceedings
before this Honble Court requiring that CLAT be implemented It
is reiterated that the Petitioners themselves have neither referred
to nor produced any such Orders
58 The fact that the decision to stop implementation of the exam by
each participant-NLU on a rotational basis the establishment of
the permanent consortium and the inclusion of new universities
did not require any approval from this Honble Court also belies
the contention that the requirement to conduct CLAT arises from
Orders of this Honble Court
59 Further the fact that directions for modification of the process are
sought in Shamnad Basheers case have been entertained
without requiring the Petitioner therein to file a Review Petition
also establishes the said fact
Re Bye-Laws of Consortium
60 The contention that NLSIU is bound to admit students only
through CLAT in terms of the Bye-Laws of the Consortium and
specifically Bye-Law 1533 is entirely baseless for the following
reasons
c The Bye-Laws are a subordinate charter document binding
on the members The same cannot detract from or inhibit
the plenary statutory power conferred on the Executive
Council by the NLSI Act
d In any event Bye-Law 1533 relied upon by the
Petitioners does not have the effect as claimed by them
The said Bye-Law merely requires members in order to
eligible for membership to the society to adopt CLAT as a
mode of admission When read keeping in mind its object
and purpose the said Bye-Law cannot be construed to
require any member of the Consortium to admit students
only through CLAT even if the CLAT is not held ie the
Bye-Laws can never require a member to not admit
students at aiL
e In fact the Consortium itself has not understood or
implemented the Bye-Laws in this manner as is apparent
from the fact that all the NLUs are admitting students into
various programmes carried out by them (other than BA
LLB and LLM programmes) throughout without reference
to CLAT Therefore it is clear that all admissions to the
3National Law Universities are not on the basis of the CLAT
exam Therefore the contention that Clause 1533 of the
Bye-Laws compulsorily requires admissions to be based on
the CLAT is untenable and without basis
f Even assuming without admitting that the Bye-Laws have
the contended effect the same can only be actionable at
the instance of the society or any other members
Re NLAT Process
61 NLSIU as demonstrated above has the right to conduct its own
admission process in terms of its own statute In exercising this
right NLSIU has taken immense efforts and steps to ensure that
the test is lawful and also fair and reasonable
62 In the first instance the NLAT 2020 meets the triple test ie it
must be fair transparent and non-exploitative The NLAT 2020 is
fair insofar as it ensures an examination process that is
intellectually rigorous and meets the standards of integrity in order
to suitably judge the merit of ali candidates The selection of
candidates is based solely on their scores in the entrance exam
It has also been designed and implemented in a transparent
3) manner The examination is transparent as details thereof as
also the reasons therefore have been set out in detail through the
impugned notification NLAT 2020 is also implemented in a non-
exploitative manner by limiting the application fee for the test to
just RS150- for general candidates and Rs125- for SC and ST
candidates in order to ensure that students are not put to financial
burden due to the NLAT Further since the exam is an online
home-based examination students do not need to physically go
to an additional test centre
63 Apart from the same the authorities have also taken various
measures to ensure (a) accessibility and (b) prevent malpractices
These include
g NLSIU significantly relaxed the technological requirements
for candidates allowing them to take the examination with
minimal internet speeds and using a wide variety of
devices including Android smart phones and tablets
NLSIU also made available as many as 33 physical test
centres across the country in order to provide access to
students lacking the necessary infrastructure to appear for
~3 NLAT 2020 from home NLSIU further ensured that
necessary health and safety protocols were rigorously
adhered to at the said physical centres
h With a view to prevent malpractices NLAT 2020 is making
use of a combination of AI-based and human proctoring
Additionally the test structure has been designed in a
manner that minimises the possibility of candidate
malpractices This includes candidates not being able to
revisit a question that they have already viewed and moved
past and the randomisation of the sequence in which
questions are displayed to candidates Furthermore the
questions for the NLA T 2020 have been drafted in a
manner that requires interpretative answers which
minimises the utility of referring to the internet or other
sources for answers Since the examination is an online
examination all relevant data (including webcam recording
sound recording keystroke information data relevant for
facial detection window switches etcetera)necessary to
detect malpractices are stored and available with NLSIU
The said data will be critically reviewed and analysed prior
to completion of the admissions process Therefore even if
any malpractice has occurred the same will not and
cannot result in a student gaining admission to NLSIU
through unfair means The Proctoring Protocol established
by NLSIU to effectively detect candidate malpractice is
annexed herewith as ANNEXURE-R-117 (Page NO
64 Pursuant to the aforesaid efforts made by NLSIU to ensure
admissions to its programmes and avoid a Zero Year and
pursuant to the Orders of this Honble Court permitting NLSIU on
11092020 to conduct NLA T 2020 a total of 23225 UG
candidates and 2846 PG candidates appeared for the
examination on 120920200f this number a total of 122 PWD
candidates appeared for NLAT 2020 True Copy of the press
release issued by NLSIU on 12092020 depicting the said facts is
annexed herewith as ANNEXURE-R-118 (Page NOD4-)
65 In order to address any concerns that may arise amongst
candidates who have taken the exam NLSIU has also
established a three-stage comprehensive redressal mechanism
comprised of
i Technical Review Committee This Committee is
constituted to consider queries raised by candidates
regarding any technical difficulties in the NLAT 2020which
could be raised online within the web portal itself The
Technical Review Committee consists of Dr Sony
Pellissery Dr Kaushik Babu and Ms Apoorva Gupta
j Objections Committee This Committee is set up to
consider objections submitted by candidates in response to
the Answer Key for NLAT 2020 The Universitys
Objections Committee comprises Prof (Dr) Sarasu Esther
Thomas Prof (Dr) Mrinal Satish Prof (Dr) Arul Mani and
Assistant Prof (Dr) Bipin Sony The Objections Committee
will release the Final Answer Key on 14th September 2020
k Grievance Committee This Committee is constituted to
address any grievance raised by candidates who appeared
for NLAT 2020 following the announcement of results It
comprises Honble Justice Nag Mohan Oas Prof Babu
Mathew and Prof (Dr) Sarasu Esther Thomas
66 A small number of candidates made submissions to the Technical
Review Committee that they had faced technical difficulties during
the exam In order to eliminate any apprehensions of these
candidates that technical issues would affect their outcome
NLSIU has offered them an additional slot on 14092020 to take
the examination subject to stringent conditions to ensure integrity
of the examination All measures to avoid malpractice are
implemented in respect of this additional slot as well
67 The fate of these students is now entirely dependent on the
admissions processes being completed as per the aforesaid
schedule and commencement of the academic year on
18092020 Unless the same is done NLSIU will be constrained
to declare a Zero Year Consequently not only will 120 students
lose the opportunity to join their studies at NLSIU (or at the very
least lose one year in order to apply again next year) but the
same will also impact admissions in all other NLUs since - as the
first preference law school for most - the Zero Year at NLSIU will
have a cascading effect on all admissions to all NLUs
68 Hence there is no legal or equitable bar to conducting the NLAT
2020
69 It is submitted in this context that NLSIUs inability to complete
admissions will irretrievably damage the University and result in
significant impact on not only its finances but also the public
perception of the university Moreover the same will have a
cascading effect on the effectiveness of NLSIUs academic
programme and result in loss of an entire batch of graduating
lawyers in five years time All of these adverse consequences
will impact NLSIUs standing in the legal education sector
70 Hence it would be in the interests of justice and equity that
NLSIU be permitted to release the examination results of NLAT
2020 and complete its admissions so as to commence the
academic programme in a timely manner and as per its revised
academic calendar
It is therefore submitted that the present Writ Petition may be
dismissed with exemplary costs
I
DEfi~tifiNtTi~ VERIFICATION
p~) 8atl N-lti 20t 14301 Verified at Bengaluru on this 14- th day of September 202~th~fthe
contents of above counter affidavit are true and correct to my knowledge
and belief based on records maintained by Respondent No1 in the usual
course and nothing material has been concealed therein
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Tho folloWL-1g nenbero were pres SJnt --
1 Shri VC iVIishra 2 Dr S K Bhatnag~ 3 Dr NR Madhvt Monon
Dr K PonnUSWQl1Y1 Deln Faculty of Lnw Delhi 1Jnivors ity
ltt eo the CGGt ing1S S pee Invitee
Dr H R )~8i1hlt)va Menon presideo over tbo iYg
Dr Menon welCOfled the DeDbers of the newly c A l1stituted
Ac e71ic Council aYlO acqunint13d then with tne a~cisiorls Jf
tLe carlier neGtings of the Acadenic Council prior to tbe
estclblisroent of tl1e Sohool under the Act After cotliled
d1souslJions on th baeis cmiddotf the Agenda notes ciroulted e8rliel
the following decisions were t1ldeshy
1 COurses of Stuoy ~~ ~ -shy ~~-------shy
1ts ionnl
COUlSOS of Study lellc1ing tl the following degrcesshy
(lJ) 1m integrnted 5-ycar LLB (Hons) L11 viev of fC1 t118t q gret dell of Soc111 Snce knowlerge vrill be inrrtcd curing tbe 5-yrhr c)trrI3C 1118 Acad eni c CDUYl oil rcc~-)nentied tl1 -ct ~ conpos)(d~-shydegree of BA (me LLB H0ns be cQrferr(l t) the students joiniLg the Nqtimll Lw Solle)l of Inilin
(b) An LLM oogrGe which shall 0xt0tc1 -( )~)C yerr (3- lrincstns)
(c) Ln M Phil (1grae of Que yecr (3~dn0sters) durfti--n c~nstitllting of t8ohing ~nd resc8rcll
(a) 1m LLD progr12ne b(]sed n writtlt5n tlesls fterrJ Phil
Bes os the above cGgroG courseo tho AcCdedc Oouncil
reco---ampnds thmiddott 11 series )f CcntiYLuing Eauc~~i n POt1lS(S Cln
sl)rt aurticl be offerGi by the Nti0n1 Lw Scbmiddot]ofIneia
to levr tGcac~8rs ju(~iot1 Dffioers t aoninistr f)X3 Pltr~
contd 2
2
II BA LLB (Hems) Progr(lme-- -~- -shy
rhe j~cBdcGic COUTIcil rocsrinonos th~t TIl t
ysr only 50 students bo 1(lTdtted t~ the LL3
Irhey r1ny be 8818 ctea ~
purely cn cerit on the b2sis ~f n ~( 8f~ i0n test cncucted at fQur difforent TO (1uring My- 1988 Tho nininlJr eligibility liDS iJn t) S be fbcd t 50 Trks lL 10 + 2 Sc1~oDl 8X2nintiC I tho Pre-University Progrrne progrlrro be trol1ted cs equivlent t 10 + 2 S ooo oxampt Those students Whfi 1rcd f8r the quelify ing exmin 1t Len in 1982 bo leo lloweo to t ke the MirisGim 01 Cl provision~l b~siB ~d they n~v be 018 ii while preprL1 g the rmiddotjerit List provmiddot1Ced middot~V8 psseC t~ie Sqid eX811in~ti8n with 50u t11rkS 6 llC1ts8icn Test be h~seil on en objeotivo typo fluesmiddotlims 1116
fthe tost n~v be fox Hurtirrn of 0 ~~Xmiddot thrn 2 hours middotr11G test crln tnclu~() [ini rw~ bel of qUGstiCTls 7~middotlicb rO(lutres viritten 2J1GlJDrE t J(lniss i)ll t8 the L~~Vl SchoCl bb bnsc(l ~n1y on t~) b +li) ~)f tl-c yritton Aanissian Test
15 of the sets be roserVGc1 pound1 1 (0 ~1 ClfJtcs 1nd 7i- Schedulefl Tribes eVC1 for tl16 reserved Seqt8~ tLe reU1LUd i1nrks ot thc qll)lifying exmination ~Gd upor
er to be eligible for t1-u c2naid-te lilvC sccured 50 DtrkS 3 i11 tes t
tlpplic-blc ven f0r rODDYV 3 s ~ -ts ~
T~~e JC1nis3ion Test 1~Y be 11811 I6gj 8TIf1
8118 it is rec)~rQcc16C b- lccld
I nr nn~ TIn AP n ~ ~t Bng8 t lJYL~J r JL ~)
~ m I n er t 0 olt-nlse AlmiddotZllS810n icsmiddotun pror)-lo tl~e qUGsti8n pSpors frtrlurto tho Gr~~~G ren(1 f inJ1ise
sien List an i~dnission C 0 C)US1OGshyr the Director 0n trec tS8Cgt 1f tlt L_w be C0Dstitutcc by t-~G ecmiddott~)r
ccn1 td __ ~ 3
It is proposed thlt the last dte for reoeipt of lpplic8tions be fixed for 2nd My 1988 1-8 Ldnission Test noy be orgcmised on 29th May 1988 ndtho Selection List Jllnounced by 15th June 1988 Phe dDissim Day be 0)[1p1eted by 25th June [ltnO the cllsses be oODnenoed fron 1st July 1988
A suitable snount IJjly be fixed for the ppliotion forn 2nd the Adnis sion Test Fee
(b) AOlldenic Terns
Ecb Acadenio year be divided into 3 1Ogt1(Iio terns e 2Cb with a uininun of 70 working days -fis 8cadenic tern be called a Triuester Thus the 5-y8fr BA LLB (Hons) Pr ogrmne will hve 15 TrilGsters It is suggested thAt the J~caoenic year nay bgin frclTl 1st July and the caderlic ter12S uay aoopt tho folloWLl1r Patternshy
i) FIRST TRIMESTER - July 1st to Septemiddotbor 30 ii) SECOND TRIMESTER --- October 15 to JAllury15
iii) THIRD TRIMESTER _Jnuary 30 to April 30 (c) Oourses and their distribution
Eaoh Trinester nay carry not nore thM 4 courses with a totp~ of 12 credits distributed Ro00tdine to the inpOrtance and coverlge of the courses Jhe subjects courses fer study for the 15 Trinesters be 2S follows
~_~T TRIME3J1ER (FIRST YEAR)
11 Leg~l Professicn in Indian Society 3 or 12 Legal Method and M~terialS 2 cr 13 Law 8l1d Politicl Orgqnization 3 cr 14 LaW and MJrket Econoy 4 cr
SECOND TRIMESTER ---~----~--~-~ 25 Law in Historicl1 Developnent 3 cr 26 Responsibility for Injurious Conduct 3 cr 27 Lqw end Socil Orgemizotion 3 cr 28 Law c~d Agricultural Deve10pnent 3 cr
THIRD THIMESTER ---~---~--
31 L2W 8nd Intcrl2tion1 Relations 3 or 32 Law ~inorities mil Vc8ker scctiolS of
Society 3 cr 33 Civil amp Crininal Procedure-I (Oourt Systen) 4 cr 34 Eldctive Clinical ProgramplJJe 2 cr
C~)l ~d 4
--bullbull
4
9P~1 )2E1llEsect lER ( (13~f~~X~lE__ ~~l~~E~)_ 4 1 Hunn Rights Soci31 Jus-nice nno LSVi 4amp 2 Low 2nd S oci_~ Oontrol - CriLle and
PUllisl1DDnt 43 Civil41d Crininal ProceDure II 44Elective Clinicl Prog1flne
rUTH THIMw~ER----shy --~-- ~--~
51 Cririnal Lw~ Clini1Dlogy amp SDcb DLmse 52 LV nri 1~_ 1lJLy TI81st i0nJ3 1 53 Lqw Plnn jng 8 Ec~rnDnic DevelJcent 54 Contractu1 Rel(]tiirs an(1 RoneHes
(Spec ifjc Reliefs)
SIXTH rR IMES TER -~-----
6 1 N~n--Cririnq_l InjuriDus C~-nnuct ~ni of Torts
62 L8W (lud PYlily Reltims II 63 Law rmd Il1lustril Dcvelopnent 64 IUective Clinic Progr~nne
SEVENTN lE Ir1ES lER -~ ----~- -lt~~ -~-~--
71 L-w nnn Urb~1i1 Devel-prtEHrt 72 Politic Proc()ss il1il Cm$titutiDn~l
Devclopnent 73 Cns tit ut ionCll L_I 74 ~id8nco LAW
EICin TIi IRSScIER-~- ~----~ pl C0 np-YlY Lgw nnc1 Lrw 0f CO-ClpGrDtivos 8~2 PO0Tty LlW 83 Constituti~)nl 18W amp Litig1tiorl 84 Elective Clinic~l Pr~grgtire
r I~tTLtR]l~~ER 91 LwJ c)f Ins ur n es 92 TAx0tjDll L1w ~nd Public fiJ1rrnC C 93 In -1 Grn ~~t j n1 oer 80 e Law 94 Elective Clinic~l ProgrBLr1B
TENTH TRDillSrER (FourtL yer betdnilL ------~ - ----gt-- -~ 101 Leg~l Theory 102 Lmiddotbour LtJw 103 Mrinistr~tive Lw 104 ElectiVEl Olinicgt 1 Progrlrll1e
4 cr
3 eT ~ 3 eI 2 1
3 er 3 cr 3 cr
3 cr
3 cr
3 er gt1 cr 2 or
3 cr
CT 4 cr 3middot ex If
0 ~~
3 cr 1 Cr
c ) cr
3 cr Ac cr ~ cr 2
cr
4 cr 3 CT
cr 2 cr~
CUEto ~5
5 cr11~1 h -z cr~11~ Int~llectumiddotl
J13 lril1nl-I )1 Int rr ~ t t i1
4 CT 2 cr
l2 1 In t BI i l~ 3 cc
3 cr 12 ~3 L[JVI -nd Public C 3 cr 12( Electiyes 2 cr
13 1 Ct)r-JP1TQtivo LnN 2 eX 132 Itltlw PQverty rtlG S )c if~l Ch~ngc 3 cr~ 13 3 Lrm0 R0fcrn Liws nn0 liurnl DVG l~Yp iJrli 4 cr 134 Sctdnlir-Eloetives (to be lnnDUl1C()[1) 3 cr
~fJj1t~~~]~~ li l Public Intlt~rntrtiL~nnl Itlw-Int2TxL1L jA J
OrGn or~
112 ctiVi (jlurse 3 cr bull bull3 i1tjtiltn -f (lus ~iCi3-jt~te amp UyltLon 3 cr
l~~ ))rin -CiVeG (to he r1poundJrtiunc j 3 cr
cr bull 15~2 ~))cil bGUTity ~1rj t1~c Lq7JD cr 15~3 1rlrinstrdt)l~ II Jurrcice C ~Lre -]
til) I1IX Ili r1l ~i0 3 cr ~154 ~orlin~3 - c)iv(1S (t~) h( 11 3 cr
( middotb)V~ Bistx ibutin1 subjectB 18 t ~ii ~ middot~jYD +
Dllril1B tIl ~~r c-f cursc =-) dujc-cr be rG~rn RubstitOt0d ~r rCViL~ 1 ~lmiddot(i--middotr tD c~plctGly profJ8si~rt11 rvo i-l1 ~ Tl~l
LGndIt 10Vi utoD pnJ3S QU ~ iC)1
I 6
rhe DsdiuD 0f instruction 8l1d exaniY13tion in the lrl8h81 Law SchoDl sll111 be English ctlecst unt i1 C nctjonl lmglryeis ad opted for Rdiinistration of justice in t Scrprcne Collrt
(e) Ellpound~~tljty fDr cL~sectE~G fJ10 0x8r1tnatiDl1 sydoI1
In order tl be eligible for the dcnpostiiicc[CCC of RI LL8 (Hons) C~ch student win h~ve to t~kC C(lllXses fsX lt1 grrmd tot ~1 of 180 erea its in ) ye etXa bull
The norn)l p~ttGrn cd GX1ninntion will be ~ 1xittJTl test t the end of onc11 Trinester However in middot)middotmiddotl)ollri)le cases Intern(~di8Ge exnrJlltltion nne continuii1~ eV11utiCTl cy be ptilS cribed in different CSllrses
The exaninntion process will be entirely int Inl to bo dono by the totchors giving tho CGurSGs If sttvlcntc_
is dis-s1tisfied with the grfl(10 warded tw l bo ~11ow0fi to withdraw it in writing within 10 dWS thC11uounce-shyDG1Yt of the rosult He c~m inproVG it in t~c noxt cxninl~ tiorl ccorcing to tho rules prescriber] thcnt))
There shnll not be ~v eX8nin[til foe colloctomiddot- fr0- the stuc10xrts DClr there will be nn exaTiinaticm rcbuJJcrItirm given to the telchors
111oro shall bo an Exninutin C8Ul1ttee C0UEtjI1td by the Dircctlr for Bch ye~r with not loss th-n f t~r1ors of the NL3 by rot1tion Every tC 0 chol wj n JvLk tmiddot thG EXfninrjti~n COllJ1ittGO rt the bC[innil1g )1 Gcgt tr 1 nesteX tho Dutlme of the course ho is t0901-inr Tl1if1middot() plrm 110 j8
9~uimiddot ~1~ ev~I~t nn smiddot~avmiddot tJ c oLlrn
outline as well 18 thli 8vlurti)n scteDc will JI) )110 Rv8t18ble t) tl1C students st the bcgLl1nlng ~f t Prif1GstoT itsulf Cor1plnints regllIdingthe eV(ll11n-Gion [111 he sont ~() the EXfC11mntion CO[]littoG wllich will n~ko JuH~l() rliCClr1iJOnBtions on it withjn 1 fntnjght to t~) J)jrcctJr whose d(~cis ion there)n shql1 be finJl~ The )iX(ctD1 lOW()VOl-
wtl1 roport to the AC1dcrJjc Council Meottnc rcorrJ qf flU(h conp1nintg qno tict icn -Clken t~GreDn
~~ t 4n a Lvfl~r -1 U(ltVA-lJ Aiv uu OJ v p~rf~rr1 bull 1 Jl ~ middot1 I t ~ti
The evall1at bn systcn in tho N1S senll bet nm(h gTrc10S
in a Seven-point scole which will be IS f0110W~~-~
bull bullbull bull bullbull bull bullbull bull bull bull
(4~(ii
( iii) (iV~(v
(vi) (vii)
(f)
( )
7
outstanding (0) 70 und ~OVG A + bull bullbull bull bullbull 65 to 7 I A bull bullbull bull bullbull 60 to 65 B+ bull bullbull bullbullbull 55 to 60 B bull bullbull bull bullbull 50 to 55 C+ 40 to 50 c Below 4(~
~
In order to be declered successful in my course a student will h~ve to secure ~ny of the-ffr~t fiveshygrades Above given Those who re p1r-ced in C+ no C c1tegories will be accued to h1ve if-liled in eu oourses
Pronotion Rules
ProDotion iron 1st Tirlester to second Iriafster rome fra 2nd Trinester to third Trirlester will bG utotio irrespective of the rsults in the vnriou8 lxnoml1tion However pror1otions to the Fourth Tritlester 81111 be only to those who h~ve suooessfully aloorod rctlelst ten out of the 12 Cl)urses in the earlier three Trirlesters If a student has fdled in three or nore courses in the first three Trinesters tAken together he slnll be aaimed to have disqualified tQcontinue lS q stunent of the NIB In t1e case of those who cleared ten courltes out of the twelve they lJlY ltlpear in the renaining two oourses AS
Ex-students while continuing as ~ regu13r student in the seoond yeer
Sirilarly student DBY be autooatiolly proDoted frcrl the fourth to the 5th mn 5th to 6th doritlg tho second yenr His proDotion to the third year 1 e to tH 7th Trinester shlttll be only if hl sucoessfully olellrs a llinLlUn of 20 COlrses
The sane Patterns will be followed for pronotion fron the second year to the third year lnd fro tlirCi ye-r to the fourth year ffilO iron fourth yOll to the fifth year
N~ stUdent will be 1l11owed to avoid tlking ~nY eXlrdnashytlon on the conpletion of the courses excepting for reascnable cause for which prior perniss ion Dhou1d be secured fron the Dire~t or Further no S Gu(cmt will be eligible to take qn exanintion in 11 iltivcn course un1ess be has to th0 SAtisfaction of the teolnr cmcerned fulfilled the courSe reouirenents mrl hns sGcureo not less th pn 70 8ttend 9nce in the class in Sid CD tJrs e bull
cnntlt1 bullbullbull + 8
8
(g) TaOh 1~n~g Meh~il~ v ~s
The Nationnl Lqw Schecl VDS onplQyod vricrl tu~ch Dt3thods in ord er to pronoteIlLllt 1-4 iq oipltn~rT Cl1nll
~n1-nT qCt JDpreClalJ10n+ Jf 1ens0 B~s- ir~est lea1 prOD let~re~~ t1e ~cnool stall Grlplny SeninnLS tuitC)r ClmLCampL experlences Field work resealo1 (tTld Leg8lwriting Ill Ilppropri~te C~Urs0s cQopltlQt tve te~tctLY)g between teaohers 81 oliI erent S Db ~-C 8tS tr) be enployea to [11xinisG of the learning POt l-tj~_l tf) st udent
Clinic31 LeR_ql Eno(tt1011 r1~Rt f~rn ( Tl3ltgt rr- T~r 8pound p 8ssiual leglt1 eCuc9tin 8t t1G 1-~i2T ~l La SC1ClCl ACBdonic C~)uncil Te G nicnl O1 UC l shy
ti011 the first Cif the LLB 8 DL1e C0c credit nay given to fh2 t]J-tlng S un ts LYl clini courses
(h) Fee Structure
The tuittOXl fe8 fDr the LIB pTDgrrne co yelr nlY be iixeo Rs 1500- which ~oY be cCillsetccl tn 3 equ 21 inst Cllnents 8t the begilli1 ing riccstcr If foe is nct oepositBr1 within a week beg-inn elf the Trirl0Jster it l1qy collector 1qtemiddot fee RG 1- pcr (1 1] till tbe enfl ltIf 20 warkin c ~ys bull () Wgt8 ftleo to P~y iEHS vrjthin the prescri1o~ p2rio rl llte fco tffh)jr TI0T108 11f1Y be struck off f~~lt)~ t118 r~)118 They c nn be X-rv)nittc(1 on J)1ynlnt of rc- jSG ion ~ e Df Rs~ 100- an(l -l lt f1CtOTy r)pD1i ~)f ~TO$reSS ir~D H1Y teRche1 of tlte F~culty
t~J first tel p c SL1r ~~Tlcr Sl- jVLtiES
In 8rcler- to fttr~ct Deitorious stufients frD~1 te s ~ciJ-c~)nonic strJtl nf sc iety it is ~bs )lutlt)lr l1dC8SSry- for the NLS tn ioe AS ol-rships TIC sttpenos coS jJossible It ill bc to 1e 50 of the stu(Jents bS(y enjoy such S Every effort s])uld be e to seclJre S1JO~ OCOll~)Dic
L1dUC~rlents fJl prorlnting sctQ12Iship t tIle 18ss plivilegeo sections of SOci0ty
The 118 stuoents niW be provider Solmiddotn ip8 of the vlue of bull 500- q nonth 10 bull The S cho10lships rlry be lwcorfi ef m the bls report
~ 9
pound Sc~olr81ip CD~~I1ittee t be c~nstitutoz~ the DirGct81 with r~nbi3rs~ip tl1re~3 or )rt tmiddot -chers NIJ~ TttG SchclsrDhip Co~ittGe 11 pound2-8 i-ts cvn rules r-ne procedur0s wticl I11Y bG ~prJv~r1 y tl)8 Direct 01 ~he awnrd be given b~s ic11y on tcnderic ileIit)f c1Ylcliote H~vevert ec)noYic s-tus anc the s~lcil bickgrund of trL8 c~ndid3tes f~ ~-) be thore lnt cJns iCaTIt iens
Besides Sc)-lrsbips in deserving C1SeS eX(mpti0n fron Paycent of tllitinn fee lay Iso be grn-teooll tHl rsshycl~lt)end~tions of the Scilolrship OOle1ittee
(j) StlJdents nosidcmco
Tho ACCtcl r3r1ic Council strongly lccor1nenos t tle Jfutimiddotnnl Law SchODl be kapt purely ~s P J(8idcnti~ll University vvherein 11 the students bo r-uJrec t) s t y LD tle Hnlls 8pound- res io ellce provia r fpploven by the University Of course for suuconts bo1onging to Bmg-lori-i City the University nv ()xonption 1IOT res once in the University HDst cJ1siflcref1 ne8oSSAry Ii the lJ fJtionl Lnw School is unble to prov-ide it3 own hostel f8cilities it1~0dimiddott Jly it ~8y npprove such t-cc)fr801ti0n in th0 city ~A~iic s isfies tho reqllirenltmts 8pound thll resiltiontiql ckrc~or of tle University for purposes of stuDcnts 1 reBi(~ence~
~h~l1gh tr~c ClCC0Cl00ation nayhavo to be subsidised by the Universitv tho bJQrrlLvu ChQrg0s will -V( t~ bo cntirely D-GC by tho stuDentmiddot- ~Jihe bQa~ing c1nrccs DY incluo8 the sal(l~y of ossentbl stgtff Dainilined in thG Hostol by tl UniverJity+
(k) IXOlmU Clf stu r1ents md te~chers ~-~------- -------shyTho ]ITti~nl Law 8011001 ny initirte steps to nrrmge for 2xchnnge stuc-ents liId tS p c1exs witll other reputed Lltfl Schools within I n (l i3 ftnd outs ice FClr purpDse if stu0Gnts ~re inviued t8 ~nother L~m Scl001 0n~ un(lort ~ko courses )cQ()rding tJ their regQl~Girns they nay be given due credit witr tho ourriculllJ1 prescribec nt the [rIB
l18sters vrt th three courses in olt~c TrtDesterbull
nay be selc cted by the ~dniss i011 CHl1it-tee
10
on t1t bosis Df their PDSt QC80enic ltJc8rd pnrticllrly
~t the LLB level The Adoissicn CGr--ritteo C8Y J~S0S8 their
l1ptituce for higher studies -nr r~se~rch in l~uf en1 tl-Je
suitQble reoolrJenc ions for their ~cT1ission C(1~ljssi0n
Gay bo done thr8ugr~ nmiddotn int crvievi bes ides ~BS08G~nt )n
d8cuttentary Dtteri8ls
subject ELrODS of crtst utimiddotnrl lZV1 crif1i-nl J~w irct-)rnltti)n~L
11l 8110 corDerci(11 Inw The tctu-11 subjocts rgtf tl~o CQLl1~3e
in ~ny of these subject ~rE38 DfY 0 decioc r1 nt ~c giCl1jTIe 0301 lGnT ty the Fcculty CiDCGrner1
The conpulsary c)urS8S f0r LLM shll ~S fo 11oyts
TC)oing Llothoos ond Curriculqr 0(veloprcnt
In0i8ll LeGal JhilQSDphy (n~ Conter~110r)TT J ~Jheory
(iii) Constilutinn Writ
(v)
Tile zistributi0Tl of the 12 cDUrSGS i1 TOG
TrJi03tcrs fer bullbullbull 1 fly be
rs fl1owsshy
11 Ee ~cl1ing IllethQ0s and Curiculur~ Dove l~l)middotont 4 cr 1 iI 2 In~ itn Leel ~Plilos ophy ~J1fi C~ntcnJor
I CY[hcory 13 Course OD subject sr09 - optian 4 cr
SECOl~D THIMESTER--------------_-~-~shy4 era21 Ecsecrch TlIetr6~ology ltmil Leg11 writing
22 Constitutionl Lw We HlUlDl Rights Jurispru(1 ence cr
2) Course nn subject oreq - option cr
THIRD TEIIV[ESTEn ~----------- t cr ~Lnw Society emf DevGlopncmt~
4 eX 1shySeT innr Y select tOPlC - opv1on Ii crCDurse on r~ SUbjlt3ct (1971 - optiQn
51 i 11 shy
The eXElDjnat ion p ttnn for LLM will 1leo be the
S8L1G nB suggest for LLB H)wever besides ilt8rnnl
eXlDi1()r for every COl1rse in LLM there sholl be TXl external
8x~lCliner as we il bull The questions however shell be s only
by the intermll eXEnL1er If the difference in vlurtiim
between the i1t ernat exariner auf the external Cx~in()r in fl given COUXS3 is less thtil 207~ then it vi11 be 000tl00 th8t the
aaes assignod by the intornnl exaniner shall bJ iTJ gra0e
tD be assignee to thD candioRte However if t rG is D oiffercnce
nore th2~ 20 between the intrnal md exti3rucJ ll1 given
c)urso it 8rlt-11 be referred to a third exrn1inc~r outsiclo tre
National Law School whose evlultim shl11 be Il~e score to be
assigned to the candidate on thHt subject
Tuition fee for tho LLM progrlrlrJc be fixo(l 01 TIs 1500shy
for tho full course at the b oginn ing elf Cqch Trinestor
nr M Phil Progra3o--------shy
rho M Phil progrrU18 is to bo for one you c)xiending
to 3 rrinGsters It ShBll be exclusively cons istlt)d of research
8110 tolching Every stunent Ilonitted tel the M Phil rrofr~rle
stHII have LLM clegree and will fulfill the te1cing rnc
r8SCQrcJl reguirODonts prosoribed by the FFculty tIle HIS
In order to be eligible for M Phil degree besiaes
c)nrlCt ing the teSlching 4nd research req uirenentJ during the
yoar eV8JI cnndidst0 Dust sUJnit the rlBsert~tion gt11 - t~)pic
~Dpr0ved by tle f8cu1tY Ihe desert~tion Sh~11 be 8tC]ine(1
by two extern8l CXfniYlers suggosted by the foculty n( nppr0ved
by the jcdenic Council The degroe shall be confarod to
such of those cllldidtlt3s who roceivo varible rerts on the
desert ot ion fron beth the eXAniners If there is c ifferenoe
of opinion oo1Clngst then it sb011 be referred to D 31d eX8iner
Ind thG oecisicm of the [Jajority 8h[11 be finnI
con-cl 12
12
For the 1 Phil prcgrne nJ tuitbn bo csllected
HClwever a SU of TIs 1000- be csllectof yvcry ftllint
DJlnittecl t~ the ]1 bull Pbil progrlne townr18 lJc1 ion nd ftilitios
thl School
v
in vvhich it CJY c8nfer )n LL(gtD (jegroc~ lhe 11) 1)
0xc1us ively on ttJ b(lsis of C written thee t J
whJ hel9 M Phil degree fron the National L8W Sccol
Every C8l1dieJatG registGrine f)1 the 1L]) PozrrIJ18 be
required to be Ll residence at the Nstioncl L2W Sc1icJOl fJr
qtlesst ono (lOaOoOic year durLlg vihicb they SIh 1 cng in
S l)ch tCaching nne reseerch t)S SSS ignc(l to tbG1J 11 J DirectDr
If tho Un i versi ty
five
iiifferJnt nrtogorics 8pound t02chcJS~
(c) cift[S )rs
(bi l)ss~ci-to Jrlf~sscrs
(c) Jissist-nt Ij~0fcsZLrs
(f) l(J junct Profess Irs
(0) Ron
All the qbove professors ssocilte pTC)Csorp nt1
Assistsnt prOiOS30rS sh11 be r8gu1lX teocDaXs nf 11 ficl001
oC1wing the revised scnles of py pT)scribCHl by t1 ~Jnjvcrsity
Grnts COiJr~jssiol1 Tho sC11c prascribef by the UC bull -Yl(1
lt1Plroveil by the clenic Cc)IJl1cil fC)r the v1riupound m it ions
810 tS jvon bolow~-
p~ y structurc (f dj~ffcrent ote~gnr ics Df t()ichG)~8 Nt Law S chol of In1l ~ fin ~VijrS ity
13
1 Prcfessors Rs 4500~150~5700-20077300 2 Associate Professors Rs 3700-125-4700-16Q-5300 3 ABott Professors Rs 2200-75-2800-400-4000
4 AssttProfessor(SrSoale)Rs 3000-100-3500-125-5000 5 Adjunct Professor Rs 1000 PM (conso lir~ted)
6 Hony Professor TADA for visits 8ocOr~tng to rules
Besides pay te1chcrs will be entitled to Dqrness allowmlce as prescribefl fron tine to tiw by the Cmtral Governnent me onnroven by the ~xecutive Council Further they arc entitled to Contributory Provi(lent Fund and Gr0tuity blnefits 9Jl 0(c1red noer tho rules If they lrC not proviied with nocol1Liodqtinn teqchers will orqw Hnuse Rent qllownoe 213 preScribe by the Central Govern1ent for E class Cities If acco=odation is proviCled by the School 10 of sillary will be deducted towBroS house rent
Out of the above scales the Selectinn COLl2ittee will hayti the freei 00 to reconnend enh8l1ced salary tn tlose cons idered
olrtstrmdingwho nrc selected for Ilppointnsnt to (t TIB
In the initi-l stages it is rscrnnendod lt (11
apPoixltlJents of tecchers in the ~IB includingthe reulr
teachers be on 0 cAntrBct bQsis for a period extendL~g upto
3 yeajls The iccdenic Council has npproved the tsr-s of
oJ1trwt cont incd in the nodel clntrct enclosed ith these
nL1utes as Appendix
To begin with the Acaocric Council )greos wimiddotth the
earlier deoisions to have five professors five oSfjocinte
Professo2s lnd three Assistcnt professors to be BPIointed
forthwith However these pOSitions n~y he filIon only if
des erving 0 1nd idates are IlVliLlble for appointent
The io(deric Council h8S noted thgt (l(1vJXltt e~ents
for filling these posts have alranoy been given n(1 18rge
nunber of applications fllWe teen received in r(lSpo1S8 to the
ltcvertiserlent In this connectim the Acafle-1ic Cnunoi1
strnngly reooL1Lends thqt so f1r s the pOSitions of profess oxshy
s1 c(gtnccrne0 the Sollct iCon COT1Jittee 1PtY be rC0UGstcc
t) cons ider ouinont lqw teaohers in the OClunt ryr
hlv cpplied in responstl to the qtvertisonent 1nC rocoDime
Hl cl~ perD(gtnS WhOI the NIS Gqy L1vite suitltJole trns this
c)ntd 14
14 54shy
is necessqry in oreer tc enable the NIS to hcrye c CClre
fsculty of eninent aOndeDics to develop the ~c~~vit of
tne school during its infPLCY
111 teachers c11e(1 for interview ncW be pei(l one-
way 1st Clss train fnro fron their p1ltJce of rosiccl1CO to the pleo 0f inter-view It is s ugf~csteij tht if nccGssry the
interview nay be helo at BmgclClre ino Delhi
nininise expond iture enCl will be he Ipful t the c middotmiddotncl ia middotto
~re teachers in v8rious Universities
All regulnr teachers appainte(l L1 the
provided living icco=odticn by the School n cess ry the School Dy t~ke flats on lease fnd provife it t) tbe
teachers fron whon the rent aocording to the Rules by be cOllected
of persons ny Is 0 be incluiled in fncvIty
(8) Adjunot professors
In view the need for teflcl1ing Soc Sci(mce
subjects in the intogrlted Iw cllrriculun it is noces11ry
to hrvG Social Science te3chrs 8ss0ci8teo pitll middot~~O iculty)
Sinoe it ny not be neoeSS1ry t l1lve then 8S
atleast in the ~innLllf the JuJ10elic Oouncil rCCmiddotmiddotGnts crefltj CD
nf four P01t tine Itc1junct prQfCSSClrs in the BubjioC ec~nJlicsy
Sociology Hjstory nn English They nay be flPP[)ill ( fT(r
servine or ret ired teachers of City c~llegBs in 13 1010
They coy provided 8 nonthly honorariu[I cf lis 1000- ~nO
tbeir ClPpoL1ttlGnt be for one yesr renevcble t of the Director A 10CBl Selectim OOlJnittee
by the Director in orOOl t C loleet the Ad junot T-f mS0rs bull
oontfl
55
It is neceSSary for the NIB to Bssochte Sr nc1vooates
md eninent jurists in the teaohing md researoh progx2cDcs
sf the school The Acadenic COllncil tberaiore ncolmends
that a Panel of distinguished lawyers and jurists be invited
to join school as Hon~ professors They nay be invited
for a tern of 3 yeArs dur which they shall sJond stleast
one Llonth d lrring the year in tead1ing pJ)d rcserrclt the
School When they visit the School for teaching nd resenrch
the Hon professors DlY be given the neoessary hospitlity
ana wherover ne cess xy TL 1ccoriiingly
The icadenic Council hls ~greea to t~lo sUB~oJtion of
the Director of inviting the following sigh pltlsms S Han
prOfBSS ors
(1) Shri KK Venugopal
(2) Dr LM Singhvi
un 3h1i Soli J SOXabjee
(4) 3hri Fali S N prin31
(5) Mr Justice PN Bh~gw~ti (6) Mr Justice VR Krishna lyer
(7) Mr RaJethr1alani
-lte) Mil-bull P~ ltJ-UYrftFl~
(c) Research Associates
Tho AcacsLlic Council feels thlt 8tleast fo e yegr
or two the flculty nay have to be given sonc rcs
support for preparation of telching notltsriaLs lud coordinating
the teaching progrnnns 101 this purpose the cric Council
reCJIlGenoS the appoictuent of two Research LS80qi GS who aremiddot
quolified with an LLM degree They nay be seleol 1)y the
Directox and nay be paid a cmso1idlteo sun of Rs 1200shyper nonth for one year
(0) Panel of Experts
The Aoadecic Council recolJr1ends the following 15
nanos to be included in the PAllel af experts I)r b8
contmiddot~l bullbullbull 16
16
invited to the Selectim Connittee for Faculty p0sitiol1S in the NIB
Ponel of Experts f( the Selection 0011nitte08 to be cmstitutec fr Fou1ty seleotion in the Nntionol Lw School----__--__-------- shy1 Dr S K Agraweln Vice Cn1ncellor l~gra Univ)rsimiddot~y lgrn 2 Dr GS Shrna Ex-Deem FlCultyof Lw J~iPllr
3 t Dr (Mrs) licG Jacob Director InAiBn Law I1stitutc1 1r1Jlr2i
4 Dr 1arlt3 Divrom Ex-DeFm Faculty of Llw Chm(~ isrl1
5 Dr Sp Sharna Dean Fqcu1t)r of Lw KCluh-s)otr University
6 Dr S P SRthe PrincipAl ILS LRtV Cjl10go~ une
7 Dr KB Rohtgi Professor of Law Delhi Univcrity
reGen Uni
9 Prof GV Ajjappa Derm F1culty of Llw Krnt-kf University Dharwar
10 Dr Upendra Baxi Professor of LOlW De1hi Unjv0rsi-y
11 Dr SN Shukla Ex-Den FClllty of 111 Lll211obnc 1Jnlversity
12 Dr RK ~i[ishr3 DerI11 F8Clllty of Low Bmcr-e ~jn(11J Universi ty
13 Dr Misheh1l1-Hss~m F8culty of L Aligrh Nuslir University
14 Dr KD G~llr Dean F~culty-yY f( c Ij vfk Y h - 41
(1) Leg~l Services Clilic
services clinic in the NIB forthwith It is eas n~ t8 pive
the nocess~ry support to the clinic81 e(~ucpti)n progrr1rroeuros
of the SchooL A Fgt1Clllty Conittee tiny be cDnstiiutcil by tre
DirGctor for the purpClse which D develop the ll TOS
to be irstituted Bn9 the pBrticip1ti~n of stu(1miu 10 be
decidsd in then In order to orgnise the clinic the
first instrgtncea sun of Rs 10000- DlY be provjelt by the
NIB It is expecteil that the Clinic will lterm s uppcrted
by the St~te Legl Aid BOlrd 9Ud the Centrl LGg~l services
1luthorities
for the orglliz~tiCn nd fuuctL)rJing of the Lug
Clinics
17
(D) Continuing Educat ion Courses
In order to n~ke the best use of the rusources of the
NIB for the coonunitY3nd to nke its progrrulD0s 80eie11y-an~ proiess ionally useful it is suggested that t~10 IrIS nay
engaije in l series of continu ing ed uc it i-n progr~tJos for
different sSllcents of the profess ion including l~w t Gpc1wrs bull
Of course these progr[]ues r1Jy be f k1anced by t10 spcJllsoring
lgene] 1l10 NIB nay provide expertise of its fcuHy no
organizational ssistlnce
In this connection a beginning nay be 1rJ]e by offering
to the Karnatltka Governnent and to the KClrnatqlm liiEh Court
for the training of its officers in the Law And Jll(icictry colrtrlents
(n) Research 1l1d Publicfltions
In order to strengthGn the teqching progJnnes of the NT tmiddot bIt t 10 bull h 1S a so U iltJy necessary 0 uave on gllne rese[ro
projects 011 various aspects of law in develpncnt rhe School
nay seek funds fron Agencies within anCi outside t~c governnent for sllPllort of its research activities
In this connection tho Lcadenic Oouncil welcQnes the oecision to publish books on Econonics Sociolo[y
History Politic~l Science end English for law stu0nts by
the NIB It is desirlble to get thase nat)lials sllit~bly
edited by the Sr Faculty of the NIB and publish i1 the nane of the NITi
Bes iaos the above public9tion the liIB sjoulrl brillg
out an Half-yearly Journal on Conterpor~ry DevolojlrJGnts in d liferent brqnches of law 1~lt rqy be celle( the Nationnl Law Review and it nay be funded by the lHS itself
(0) A Centre for 1foI1cn and nd Law
In view of the incJeasing inportBnce of HunAn stuiell
18
end support be jng offered by the Univers tvli ~ L1 G~t~gt1
CotlTlission anfl the liiinistry Of HULlrm Develoment middott le
NIB should set up a Specip1 Centro for stuCiy issuos jn trw concerning the stntu8 )f wonen 8uithle proj~cts D-1y
be developed by the Faculty nno Jppropriate lSS ist-nce
sought~ fron fUTIr1ing CenC10S A cp-lti i~-~I+~fltvUlYJ v ~~ ftl1++Ov bullbull ~~l
[jay be constituted to look lfter the developnent 0f this
Centre
(p) Institute in COLlpartive Law
The irlJ)rt~oe of c0nr~rrtiVe law studies r
scholArship ClYJC Internrtiolll relatiUs Cilntlt bil rvorshy
enDh~sizec Inview sf the rnle )f our cOl1ntry in re3i)n~1
cooperation -4l)a Internati~)n$11 ldllti0us LYl InstiCUt0 f
Conpar ~tive Lw is nost IlpprOprillte Ll the NL 2is 11
give the neoess-ry legll support to Indias posi- in
SA1RC countris rnd the TIn-81ignc-n rovenents It ~ iv rIS)
org1nise spooi~lis8f studies r0gion~11y OT cotntr~-1fise
In this regard the Acnilenic Council rccocows oi1
lt)ttention to tho study of Sooilist Leg31 Systcn icul~rly
bec~use of the ncnd to (levolop socialist JUT lSlu(lnco in
the present com --xi of Incia
(q) Libx8ry Developncnt
~in Institution like the NatirYll Law ScbCDl ~J1Dul(i
aspire to o(lvelop librnry fciljtios 6ujt1-110 tel c tGr to
its ao0(lio and researoh cgtrritnents Of course ~ wi
tke fl long tine and a suitnble p1n snoulil bo lovcloped
by tho libr1ry stf of the NIB Me luwhile the ITIS sbv16
-nmroaoh the funding I1gencies within the ccuntry ~lY 8utsi~o
for its libI eery icvolopnents
18
The Pore FOUnGRtion iu IndiR nay be nppro8ched to ssist
the librry in securing volllnes of inpelrtnnt fOIcien
legal periodic~ls and to Gnrol subscriptiDn f0I CllrJO1t sues )f thse pllblic8tims
Sinil31ly the GoverUDont It the CentI -1( in the
st ss Day be nPIJroached to give atlease one copy of its
public3tions frse elf ohlrge to the NIB Library iIecnwhile the
0ssential reports and textmiddot Books ny be irL1ed ictely purchnsoil
befor the connencenont elf the Lonaonic yo 1 bull
(p) Institution of loadenic Chairs
It is an excellont idea to ssocite priv1te
philanthrelpic institutes with the rlevelopnent of tfIS Besiiles
seeking su itnb Ie donat ielns the Acanenic Council rC1celrrcnds
that ina ividuOols nnd institutic-us ny be appronched to L1stitute endDvlLients f8r setting up tte AOf)c(mic Cpoundirs in
different brpJ1cf8S cmiddotf law It is estin~ted tht Cllrir
nay need [ill End ownent of lis 10 lskhs t lt) S UPI)Ort J~cofess Oshy
ship qne necessary staff
DmECTOR 12-12-87
SQf1 -
2007
ANEure R-J13 amp1
1inute of the leeting of the Executive Council held on Saturday the 27th Januan
Item 0 2 - Common Entrance Test
It was resolved that
We accepT in principle holding of a Common Admission TesT but we reiterate that the responsibility of conducting the CAT should be with the NLSIU 50 that the same standards can be retained
Item 0 3 - Ratification of faculty appointments
RecLUltmem - ror raritication - VC said that the consent has already been obrained by circular
Regarding 4 additional increments to Mr Sairam Bhat
The committee disapproved the additional increments given to k Sairam Ella as it is not in confonniry with rhe UGC Rules Tile increments given to others is approved
Item 0 t - Ratification of the administrative staff appointments
The Regularisation was not approved since the procedure was not tolloved properly EC 1tll1her felt that there should be proper records maintained in the process At any cost the backdoor entry shall be avoided
It Vias resolved that
The Registrars olliee should prepare a note with the individual candidates derails and a proposal can be made to EC with the relevant information about their service pay confidential records nature dUties educational qualification etc Also whether the candidate is qualified or not With the complete information the note may be placed before rile Executive CounciL Untillhe decision is made the consolidated pay whalever Tiley were getting should b paid If necessary a meeting may be arranged as soon as the infonnaliol1 is ready
Item 0 8 When Prof Hegde raised some objection regard1llg the irregularity in paying the adcitional increments the Committee insisted to make a formal complaint then they will look imo individual cases
The Committee also suggested lO prepare rhe Rules if already Rules ere available and if modific3rioll is required make a formal proposal and place it betore the EC
As regards fuation of pay to Ir Somu C
Tile EC disapproved the appointment letter issued by the Registrar Howeyer considering the plea of the Vice Chancellor the Executie Colll1cil suggested his presem pay of Rs 25675middot may be protected and new appointment letter may be issued with the relLled amount ie Rs 25000 and not 29000middot
Item ~o S - Investments
The Committee was of the opinion that the office should come out with a proposal ghing a clear picture indicating where it ill be invested- hat is the present rate of interestshywhether to invest in public sector or government organizations and not in private institutions etc and which mumal fund you prefer and reasons for the same The proposal with all the above information may be placed before the EC jx its approvaL
Item ~o 6 - enhancement of tuition fee
Approved
Item ~o 7 - Pension payable to Ms Pushpa eeL Dept
It was approyed and informed that the same pension mte can be appUed as it is applied in other cases
Item ~o 9 As re~arcls inIormation to be ginD under R II
It was approved that only the resolmiol1s can be given and not proceedings
Item ~()10 - Revision ofmerlical budget - Beerappas cae
It as agreed to revise the medical budget
Item ~o 11 - Agreed
Registrar informed the Committee that Prof Bebu Mathews lien will come ~o an end by 3132007 The Committee felt that h silouldjoin before lhe date and if not illS lien will nOl be extended
t~XI item - approved
Item ~o - Increments to those who have reached maximum
The COlllmittee recolllmended that a proposal proposal may be placed before the EC based on rhe CGC Rules for graJll of increments for those who have reached the maximum scale Bused on the proposal the EC may gram some stagnation incremem as per Cemfal GOt Rules
Registrar inf()rmed the Commillee that he is nor genillg any separate allovuce for holding Ot1ice ofRegistrar as he is doing both administration work and also teaching
The Comminee was of the opimon that Ie the maner be placed before Ie with a proper proposal - 11l order to finalise graming of a special aEowancc for a Professor whe11 he is appointed as Registrar during the IeIm of OUice of Registrar
Item ~o 27 - ASLEA Conference
When the Registrar inionned the Committee about the receipt ofRs 1900000- from the UTI Bank towards organizing the ASLEA Conference und that the same has not been rellutted to -rLSIC the EC resolved that
whenever such Conferences Seminars conducted with the coordination ofthe -rLSlt a detailed repolt must be prepared showing the amount received by the concerned Departments i sponsorers xpenses incurred what is the income earned by -rLSru from those Conferences Such reports lUust be duly certified by the Registrar and the same should be placed beli)ft the Ee
Finally EC strongly reconlllended the -[inutes of the Meeting shall be circulated tor approval immediately_
Item No P 3
GRH - Some adyance increments would be -let that proposal come separately Some of the - those who hold the shy
Increments only for the Lecmrer and not for the Asst Professor because he bas PhD Mr Sairam Ehat
UGC Rules - AJD - With the modification for
Let there be a proper note circulated
Sairam Ehat - increments to tbose who hold tbe lecmrer post - Registrar denied shy
Make a proposal for amendment of Rules - we may apply the rules
IF you find any rule - please make applications - before Ee if it is fare
AJD - posts are already there - but here is a situation wherein certain people are working since so many years - who were recruited directly - since 1998 - at that time we were not in a position to appoint shy
The Committee should have been constituted by EC - do not violate the mles
Call for application itself is out of question- they should also face the Committee
They ere on consolidated basis shy
VVK-
You can regularize - there should be some record - prepare a note call those employees - back door entry should not be permitted - we are not against them - the power has to
be exercised by the Ee
Who had approved the internal circular - VC admitted - he himself - it would have been discussed in the meeting Let them also know who are the members of the
The Committee took a decision and authorized Justice Mallimath to take a decision about the
VR Reddy ad hocistlJ should not be there some kind of a procedure should be followed - middotou may appoint a complttenr persoll- but procedure should be foHowed
lallinath m accept his OWI1 statement and pay him only Rs 25000- and nor 29000-
It shall not be treated as a precedm-
You may refix it and ensure that it rotal should not be less than what ~le is drawing 110W
ANNPorsR-14shy
S)finutes of the meeting of the Executive Council held on Sunday the 13th -Iav 2007 at 1 000 AJ
Item 0 1 Confirmation of tbe minutes of the previous Executive Council meeting
With thi permission of the Chair certain decisions have taken at the EC meeting a report of rbe action taken should be placed before the neXI EC
Item ~o 1 Search Comminee Chair Professor as LS1C
Resolved to constiTIlte a search committee consisted of the following members for identitymg s1Iimbie persons for the appoimment to hold the position of the Professor of different eilirs at NLSIl The committee shall be entitled to consult distingUIshed persons for the position the searchcol11mittee shaH plaCe the names so selected in the next meeting for (ile tina decision
1 JUSTice vfaIimath 2 Vice Chancellor 3 Shri Patnaik Silri VR Reddy 5 Mr Gopakumaran air Chairman BCI
Tile members of the EC have requested to suggest suitable names Registrar shall be the Ex-officio Secetary to the Committee
Item ~o 1 The EC consrituted a Committee consisting of following members to tinulise tile niles placed before the next EC
L 5111i BS Reddy 2 ShriDesai Chandrashekar Kamataka Bar Council Chairman 3 Prof V agaraj -I Shri BD Hiremarh
Registrar shaH be the Ex ofiicio secretary
Item 03 Common Entrance Test
It was resolved the modify the resolution to the followin1l ctIeer that the VC should take the stand that having r~gard to the pr~emin~nt pOSition ofrhe NLSIU being the pioneer in holding the Test it should play the leading role in conducting the Common Entranccent Test The VC is requested to persuade the other Vice Chancellors in this behalf
Itelll NO5 Resolved that the proposal contemplated by agenda item no 5 shall be finalized within a week and the approval ofrhe EC sought by circ1Ilation
1
Item 0 6 Increase in fees by Rs 140001- over lasT year was approved and confirmed
Item 0 7 Providing information under RTI Act - Based on the issne relatinl to the publication aboUl Law School in Times ofIndia under RTI Act aIld the issue of~hai can be released in the Press under RTI Act was discussed elaborately though no conclusion was arrived at It was resolved that the information must have leaked bv the administrative STaff and a stern w3ming must be given to them to prevent such happnings in the future
fain Agenda
Item 02
I Reguarisation of the services of administratiw staff
It was resolved to approe the regulanarions of services of the following with from ovember L 2006
i) ills Pushpa Kadam ii) VIs Vidya SG iii) vir Umesh iv) iIlr Naveen Kumar v I VIs Premll Kummi
Resolved that having regard to the exigencies of service becomes necessary to make immediate appointment the VC could make such adhoc appointments and bring it to the notice of the Executive Committee lllunediately in the next EC meeting
Further resolved that if the vacancies should be filled up as per the University Rules and Regulaliols and if ad hoc appointments are eligible to consider their applicatiolls as well The cases of Ms Gma Ms Jyothi v1r Gulam Hyder and Mangala Gowri were not considered for eguiarization as they haye left th se[ce long back
(3rinLoIlldence increments(QthQslt who acqmre ~LPhii and PhD desree
Keeping in mind the UGC guidelines issued on the basis of the Order of the Govt of India dated J July 1998 and the resolution of the Executive Committee dated of August 1999 the Executic Committee resolved to extend the benetit of advance increments to the members of the tcaching statT acquiring PhD or tPhil degree respectively as follows
1 4 and 2 advance increments will be admissible to those hold PhD and tPilil degree respectively at ihe time of recrul1ment as Lecturers and Assistant Professors
2
2 4 and 2 advance increments will be admissible m those who acquire PhD and VLPhil degree respectively afrer the recruinnem to he said post
3 Associate Professors oJlwards who acquire PhD degree after 781999 shall be eligible for two incremems
The aforesaid provislOllS shall be given ef1c to from 781999
4 Appointment ofMr Somu C
After an exhaustiVe consultation on the issue regarding fixation of rile pay to Mr SOlllU on his appointment as Assistam Pro1ssor the Execurive Council resolved to gram four advance increments in the pay scale of Rs 10000 to 15000- so that the total emoluments will be receivim could not be less than the total ellloluments he is recehing in the priare college vhere he is Sefnllg The offer of appoimmcl1t aLready lllade shall be rnodified on these lines
Item No3 Stagnation increments
The Executive Council decided 10 grant the bendt of stagnation increments contemplated to rhe employees of lSIC The proposal in the agenda to grant stagnation increment is approved
Item 110 -I Institution of Allen amp Overy Chair on International Financial Laws
The Execmive Council approved the action taken by the Vice Chancellor in esmblishing a Chair on International Financial Laws 1Inanced by vIs Allen amp Overy Londo It is resolved 10 convey the appreciation Bnd thanks to the donor
Item ~o 5 Convocation
The sltlggesled the tc)Uowing names tor being invited to be the Chief Guest lor the next Convocation
L Shri Gopalaswamy Iyengar Chief Election Commissioner 2 Shri YV Reddy RBI Governor 3 Shri Fali Slariman Sr Advocate 4 Shri K Pachauri
In case none of the above are not mailable the Vice Chancellor may at his discretion invite any other suirable dignitmy
Item -0 6 3 reservation for physically challenged candidates in the Admission to XLS
EC defened it to the next meeting The Registrar shall place before the Executive CounciL a copy of the Act the Judgment rendered by the High court of Karnataia and
3
- -
bt also a copy of the report said to have been submitted by Justice Rama Jois if available along with relevant judgments
Item 0 7
The EC committee decided to consider the incentive to be given to the staff members on the occasion of the Silver Jubilee function of tile University
Item 08 Selection of the administrative staff
The EC felt that the response to the advertisements being very pOOL steps should be taken to adequately advertise and invite applications afresh In view of the urgent necessity to carryon the administration the EC 3mhorizes the VC to make ad hoc appointments pending regulu recruitment TO the posts of Secretary Office Assistants and Junior Assistants Adequate steps should be taken for adwnising posts indicating all relevant details
Among the three members to be nominated by the VC under the LSIU Regulation 4(c ) the Chainnan of the Karnataka State Bar Councilor any member nominated by him shall be nominated
Item 09 Establishment of a Centre
Resolved to constitute a committee consisting of the following members of the Executive Committee to scrutinize the proposal and to take a final decision in this regard
L Chail1113n of the State Bar Council 2 Bar Council ofIndia member from Karnataka 3 Law Secretary
Item 0 10 Institution of Chair on Consumer Law
The Council noted with appreciation the sanction of professorial chair on Consumer Law amp Practice bv the Ministrv of Consumer Affairs to set up Chair on Consumer Law 8 Practice at LSIC EC authorized the University to convey the appreciation and thanks to the appropriate authority
4
ITEM NO17 171 COURT NO5 SECTION PIL-W
SUP REM E C 0 U R T 0 FIN 0 I A RECORD OF PROCEEDINGS
writ petition(Civil) NO 6002015
SHAMNAD BASHEER VERSUS
petitioner(s
UNION OF INDIA amp ORS (WITH APPLN(S) FOR PERMISSION INTERVENTION APPLN) WITH WP(C) NO 5762018 (X)
TO FILE ADDL DORespondent(s)
CUMENTS
Date 30-10-2018 These matters were called on for hearing today
CORAM HONBLE MR JUSTICE SA BOBDE HONBLE MR JUSTICE L NAG ESWARA RAO
For Petitioner(s) Mr zoheb Hossain AOR Mr Adeeba Mujathid Adv Mr Vivek Gurnani Adv
For petitioner(s) Respondent(s) Ms Roopali Mohan Adv
Mr Namit saxena Adv Ms Taruna Ardhendumaul1 prasad Adv Mr Piyush Singh Adv Mr Amritesh Raj Adv Mr Nitesh Ranjan Adv Mr Shashank saxena Adv Mr Ardhendumaul1 Kumar prasad AOR
For Respondent(s) Mr Rakesh Munjal sr Adv Mr SS Ray Adv Mr Vaibhav Gulia Adv Mr Puneet Gupta Adv Mr paramjit Singh Jaswal Adv Mr Ravinder Singh Adv Ms Rakhi Ray AOR
Mr Atmaram NS Nadkarni ASG Mr Merusagar samantray Adv Mr Ritesh Kumar Adv Ms Suhasini sen Adv Mr Leelesh Krishna Adv Mr Arvind Kumar Sharma Adv Mr Gurmeet singh Makker AOR
~) i
2
Mr sajan poovayya Sr Adv Mr priyadarshi Banerjee Adv Mr Pratibhanu singh Kharola Adv Ms priyanka MP Adv Mr Risha Agarwal Adv Mr EC Agrawala AOR
Mr Anand varma AOR MsShubhangni Jain Adv MS Manpreet Kaur Adv
Mr Puneet Gupta Adv ~lr Ravinder singh Adv Mrs Reeta Dewan puri Adv Mr PN puri AOR
Mr Maninder singh Sr Adv Mr Prabhas Bajaj Adv Mr Gaurav Sharma AOR
UPON hearing the counsel the court made the following o R D E R
The copy of the report filed by the union of India Ministry of Human Resource amp Development pursuant to order dated 13062018 passed in wP(C) No 5512018 be furnished to learned counsel for the parties
List the matters on 28112018
[ Charanjeet Kaur ] [ Indu Kumari pokhriyal ] AR-cum-PS Asstt Registrar
ITEM NO5 51 COURT NO5 SECTION PIL-W
SUP REM E C 0 U R T 0 FIN D I A RECORD OF PROCEEDINGS
writ petition(Civil) NO 6ee2015
SHAMNAD BASHEER VERSUS
petitioner(s)
UNION OF INDIA amp ORS (WITH APPLN(S) FOR PERMISSION INTERVENTION APPLN) WITH wP(C) No 5762018 (X)
TO FILE ADDL Respondent(s)
DOCUMENTS
Date 28-11-2018 These matters were called on for hearing today
CORAM HONBLE MR JUSTICE SA BOBDE HONBLE MR JUSTICE L NAGESWARA RAO HONBLE MR JUSTICE R SUBHASH REDDY
For petitioner(s) Mr Zoheb Hossain AOR Mr Gopal shankar Narayan Adv Mr Adeeba Mujathid Adv Mr Vivek Gurnani Adv
For petitioner(s) Mr vikas singh sr Adv Respondent(s) Mr Ardhendumauli Kumar prasad AOR
Mr Amritesh Raj Adv Mr Piyush Singh Adv Mr Nitesh Ranjan Adv Mr vaibhav shrivastava Adv Mr Sashank saxena Adv
Mr Namit saxena adv MS Taruna Ardhendumauli prasad Adv
For Respondent(s) Mr Rakesh Munjal Sr Adv Mr SS Ray Adv Mr Funeet Gupta Adv Mr vaibhav Gulia Adv Ms Rakhi Ray AOR
Mr V Giri Sr Adv Mr AKarthi K Adv Ms Rakhi Ray Adv
2
Mr Atmaram NS Nadkarni ASG Ms suhasini sen Adv Mr Ritesh Kumar Adv Mr Leelesh Krishna Adv Mr Marusagar samantray Adv Mr Arvind Kumar Sharma Adv Mr Salvadar santosh Rebellow Adv Mr Gurmeet singh Makker AOR
Mr Sajan Poovayya Sr Adv Mr prlyadarshi Banerjee Adv ~r Pratibhanu singh Kharola Adv rmiddotls priyanka M P Adv Mr EC Agrawala AOR
r1r Anand varma AOR
Mr punaet Gupta Adv Mr Ravinder singh Adv Mrs Reeta Dewan puri Adv prof paramjit Jaswal Adv Prof KD Rao Adv Mr PN puri AOR
Mr Prabhas Bajaj Adv Mr Dhawal Mohan Adv Mr Abhishek Adv Mr Gaurav Sharma AOR
For Applicants) MS M Sidhu Adv Mr P vinay Kumar Adv
Mr PS Narasimha sr Adv Mr SS Ray Adv Mr Puneet Gupta Adv Ms Rakhi Ray AOR
UPON hearing the counsel the court made the following o R D E R
Application for intervention is dismissed as
withdrawn
shri Atmaram N S Nadkarni learned Additional
Solicitor General appearing on behalf of the Union
of India ~linlstry of Human Resource amp Development
states that the Government has prepared a report
3
and shall further convene a meeting of all the
parties to these petitions NTA and the Bar council
of India seek their views and make appropriate
recommendations for the holding of the examination
within four weeks
List thereafter
[ Charanjeet Kaur ] [ Indu Kumari pokhriyal ] AR-cum-ps Asstt Registrar
7-+ 0( AMNI~URpound tlt_Ihi
2Q lt ( gt ( - -
~ ~ A
-
p V -~d T] Y-P~iCL of ~-lt)Eign Sud~nts thp drnissio is i-l~ be COI)iuct-d wit)middot the help of Inrin ~~Llt_~lon~
llgtrO~j ~n -t~poundO rgtSpctiVF cnJn~cies
1 r
lh- durtlon of tht course shall bE for 21 peri00 of (iv~~ j~lcaderrjic yeilrs j
CJ 1~ltJch acadeHic _divided into_ thceuroE academic terrnS J
f~lCh tE-rm called a orrimestErcent hDvin0 a minimum of 70 vJcfrki (H) days
C3 Ph- Icdcmic t(rms shilllordinarily be from lst July to --lOth -Septcober t poundrom 5th Oct to 15th Junuclry an(l from 1 (1 t ~l ~] AnlJ a ry to 20 t h A1ri 1 ~
~
6 l Irhp tu i t ton f~(~ foc th0 dampgree progr1fnrne for each yedr -
~~~ 1 i-gt ~ bull )~~jt7-middot which shall be collectEd in th~e IntlIcn~s 0t tl--H~ b(9ir~n of lt2Crk Trin~c-$ter I fcgte i~ not pdid i--hin a week er the co-mrnCncemlt2Ylt of thlt Tr~rgt~middot I i sh~~ 1 be C012Ectec with tate Jf if 1shyor c1~~y t11-l rre- end of 20 working days Can-didut(s who f) l te feeuro wtY)it the nrc-scrlbcd aerior] with ~ate
(fmiddot sri~)l rgtrnoveo -(om lt~G rolls ltH(~ they shall bEgt C~gt-j(1rrit~td onJy on pitympt 0+ rf--)cm-sion feE- oE Imiddot 100shy~(( 1 ~risf-1ct()ry rJport o~ progress ond conduct from 2 Tc~chFr of thp P~culty
In rpsnect of rrwl v acrni ttEO stIJcens admission wi 11 no )( com~letP lJJ11ess- thFY Pi)Y the prescribEc within Sonci fieod ti1le
6 ~ 3 Besidelt= flt( 2lt trl bp9inning of the fi--st trimestr of fdCn ypar J U CltiHldidatgt i (cQuirec to pay a sum of
tOWi1n1 xc1dlrHJ rnJti~rit~ls ar1lt3 a further sum of OWi~fU~ co-ctJcricu~~r ~nd ~tudent welfare activishy
~OL(~ Tuition )nc other fees paid by th0 students irlini ttEC1 to thi course 1 not Je Efundeci u~dFr- any C cumstancs
1
A1)Npoundx UltE remiddot-VishyTS
Academic Calendar at NLS
Resolutions on Academic Calendar
The Academic Council Meeting on 12th December 1987 proposed that each Academic Year be divided into three academic terms each with a minimum of 70 working days This academic term will be called a trimester
On 1th September 1988 the 4th Executive Council Meeting of NLSIU resolved that each Academic Year is civided into 3 academic terms Each term called a trimester has a minimum of 70 working days
Consequences of the Resolutions Tne mandatory 70 working days are spread across 12-13 weeks Each 12-13 week trimester extends to 90 calendar days 3 trimesters will require 270 calendar days
Ordinariiy students complete compUisory internships during the term breaks which vary from 30 to 45 days This year we had planned to forego the term break and replace it with a 15 day break between each trimester as this Is essential to finish evaluation ana assessment exercises Hence the Academic Year requires 315 days
Academic Year 2020-21
If hLS Admissions is completed under the NLAT 2020 Schedule the Academic Year will run from SeJtember 18 2020 to June 30 2021 This will allow for 285 calendar days this year leaving a 30 day shortfall We may preserve the Academic Year by further compreSSing the evaluation and assessment period to 5 days ThiS is neither optimal or desirable bul is the result of the delayed CLAT 2020 schedule Hence the Academic Year 2020-21 will be competed before the start of Academic Year 2021-22 on July 12021
If NLS Admissions is completed under CLAT 2020 From October 10 to June 30 2021 the AcademiC Year wiil have 263 days leaving a 52 day gap Even if we compress the evaluation and assessment Deriod to 5 days between each term and save 30 days the Academic Year 2020-21 cannot be delivered
ANNExOltE RJ
r Nithya Rajshekhar ltIegalnlsacingt
Letter from Nirma University Law School which has a trimester system for LLM and has moved away from CLAT for this process this year
$arasu ltSarasunlsacingt Sat Sep 12 2020 at 1031 AM Te Nithya Ra]shakhar ltIegalnisacingt Co Sudhir Krishnaswany ltsudhirnisacingt
bullbullbullbullbullbullbullbullbullbull Forwalded message bullbullbullbullbullbullbull From Purvi Pokhariyal ltdirector Date Sat Sap 12 20201027 AM Subject Thank yeun To Sarasu ltsarasunisacingt
Dear prof Sarasu Thomas Professor of Law amp Registrar Iational Law Scnool of India University 8anglore
Subject gratlCude for gracing Commermcement session of One Year LLM batch (2020middot21)
Dear SaraSJ Maam
It was Inaeed an absolute pleasure to host you for he commencement (Orientstionj session for our newiy admitted ere year LLM batCh of 20middot21
Your motivalional address infused new energy and enthusiam amongst the sldents during this testing times
As you know this is one year programme and il is expected to nurture pest graduate students with cognitive deeper unaersranding on specialised afea along with sflarpening their research and writing skills One year programme comprises of fhree trimester for our LLM programme And we were running out of time due to delay in centralised acmisison process through CLAT 2020 So finally in early August we have decided to change the mode of admission from CLAT to graduation merit So thai we can save time of our first trimesler and can compiete the programme on time Accordingly we could start our new LLM batch from 31st August 2020 I am really thankful to you for accepting our invitation for OJr format commencement ceremony You have been motivating and inspiring generations of SUdents throughlout aU these years and your words wiseom paved a new direction for leming for our LLM students received oV80Nheming feedback from this session and must be thankful to you to be with us and helping us for guiding our LLM students during this unprecedented times Tnis is unprecedented time and that demands the unusual responses and newadapatabiiity
Thank you once again
VVi1h regaros
Purvi
06011020 The General Body The NLUs was held The Secretary-Treasurer introduced and explained to the members various steps taken by the CLAT Secremriat in preparmion of the examination including a user-fhendly and streamlined website for the C onsonium and CLAT 2020 and a sample of tile revised format of the CLAT paper designed to test slUdem aptitude instead of prior knowledge of law The sample paper had also been $tlrveyed by students from LSIU The eftons of the CLAT Secretariat on both initialives were specially commended by the Members
Additionally he also briefed the General Body that the CLAT Secretariat had put in efforts to develop and innoduce free and high-quality study materials and mock tests tor aU eLAT applicants so as to not disadvantage those slUdents who could not afford coaching
21042020 Due to the ongoing COV1D-19 lock-downs Executive COlllmittee of the Consortium postponed the CLAT 2020 I examination from lOh May 2020 and rescheduled to 21 Sl June
2020 I 1--------+- __
17052020 The Executive Committee of the Consortium resolved to postpone the eLAT 2020 again (2nd eLAT Postponement) The Consortium issued a notification infoDning candidates that a new date would be notified by 0 I July 2020 At the same meering the Respondent No2 informed the of the large increase in the number of applications after the digital marketing initiative
---- 17062020 The Executive Committee of the Consortium met The
Respondent No2 presented the report oftlle survey conducted by the CLAT Secretariat to evaluate options for conduct of the exam given die Covid-19 pandemic The Executive Committee assessed the feasibility of continuing with a penshyand-paper exam VS an online computer-based exanlination The Respondent No2 also reported his effons in contacting I vendors to conduct an online examination I
29062010
7B
16072020
30072020
The Committee of the Consonium issued a notification scheduhllg the CLAT 2010 exam on 22nd August 2020 The test was to be a centre-based online compnter eX3m The Executive Comminee was Infolmed by the Convenor rhat a Vendor had been selected
A General Body Meeting of the C onsortiull1 was held The Respondent No2 intormed the Consortium of the various measures taken by the CLAT Secretariat including
bull Due to the pandemic simation the test centres were expanded from 67 ro 103
bull Detailed Medical protocols to be followed 011 the exam day
bull The mock exams schedule has been prepared and shared to all the VCs
The Respondent No2 also infonned the membls about the proposal for securing an insurance policy for swdenls and staff for the duration of CLAT 2020 exams He informed that proposais have been sought from various Insurance Companies and the best proposal received was shared with the VCs The Consortium authorised Secretary-Treasurer and the President to go ahead with the said Proposal
However certain members raised objections 011 the ground that the price for an Insmance Policy was too higb to bear for the Consortium tmd not necessary
A meeting of the ExecutiYe Committee of the Comoniulll of NICs was held The Respondent NO2middots proposal to secure an Illsuranc Policy fOT students and staff as a precautionary measure lor CLAT 2020 was rejected despite general support froln several melubers for the sole reason tlw it [$ 110t necessary and it il1vole5 huge amount and does not serve any I- purpose
~
The Respondent 02 did not share the Same middotiew
At the same meeting despite the Health and Safety Protocols and the conversion of the exam to a Computer Based format in order to accommodate shldents during the pandemic few members raised health concerns and SUgested J2poundstponemelll i l
of the CLAT 2010 from 2200 August 2010 Hovever the Consonillm resolved to decide the issue at its next meeting
05082020 The Executive Committee of the Consortium of NLUs held a meeting to consider the date of the CLAT2020 exam
The Test Vendor was also in place to conduct the exam 011 7th
September 2020 The Respondent No2 had also begun the process of securing an additional approval from MHA for the conduct of the CLAT exam and to ensure all candidates would be allowed to travel to the centres Respondent No1 mged the Consol1iull1 against postponement of the exam given the extensive Covid-preventative measures being taken at the centres and the need to preserve the Academic YeaL
The Respondent No2 shared a presentation with the Executive C01l1111inee detailing the impact of a postponement on the Academic Calendar of the Respondent No1 University and proposing a host ofoptions in order to accolmnodate members facing such difficulties bull for NLUs to proceed with their own admission process tor I
2020-21
bull aHow for CLAT 2020 to be conducted in two series so that Universities may choose an earlier or Imer date and
bull for NLUs to admit CLAT-enrolled students to appear for separate exams conducted by the NLUs with no further need for registration or fee payment
Despite this the Consoniulll by majority vote merely resolved to postpone the eXllnllnatiol4 to a date to be i
detennilled later
10082020 The General Bodv Qfthe Consortium ofNLUs held a meeting i fuwhere it was dcided to schedule the CLAT exam on
September 2020 Whilst this date would enable members such as NLSIU to complete their admissions without suffering a Zero Year some participants menfloned that it may be necessary to postpone the examination even further
L--_____L______________________-J
27082020 The Executive Council of the Consonjum took the decision to postpone eLAT once again
The Respondent No2 raised serious objections TO the postponement and also brought to the notice of the COllSoniulll the fact that the pandemic would only get worse it1 the coming months Further to facilitate the of institutions reliant on CLAT who would not be able to sustain ftuther delay he optiOllS already presented and discussed with the Consortium the Respoudent No2 offered to undenvTie the entire CLAT 2020 examination from NLSflJs share of Consortium fees in order to hold the examination on the fixed date of 7th September 2020 However none of the options were accepted by the Consortium
ANMEM01pound R1Ie atiouaj Law Scho()l of india University Ballzalore i J
inllts of the Emergency Faculty lerring held via videu confrrcnce euroIll 6th August 020
lullbers preent lts Iht Zoon1 ~iJn R-cOrGlng
1 PU$lpoThm~H ofCLAT yet again from 22nd Aligust to 7th S~pt(nber ~020
Contingency Plan to prevent a Zero Year
Disc ussion
Th- ViCt1 Chancellor Prof Sudhir KrlslmaSvarny informed that en1rgcHcy l1heting had been called to the decision the Executive C0t11ITliHe of the Consonium National Law Universities dated 05092020 to postpone the CLAT 2020 exam undl funner notice t was also informed that a new date for CLAT 2020 -as not yet finalised however it was likely that the exam would schedukd in September He tated that this emergency Facllhy Meeting had been
0 decide on NLSUs next steps
TllC Vice Chancellor infonned the Faculty he hud pHt forth the case of NLSIU lt1t the only National Law UnivilTsily having a trimester system before the Consortium members He infom1cd Consortium that delays in CLAT Nould unfairly prejudice NLSIU and set before them several alternatives including (1) allowing NLSIU 0 go ahead with an alternate admisslols process lor this
lild r) allowing multiple CLAT exams and go ahead with the date as proposed
Vice ChanceUor timber informed the Faculty that the CLAT 2020 had been postponed the hid time despite the extensive health and safety protocols and a rede$ign of the ~xam (Q a centre-based computer exam As the Covid-19 pandemic is only getting worse there is no justiI1carion for further delays
Fuculry il1cnlbcrs expressed concern that the trimester was going to be severely dt~layed as a
th~ postpot)CJncHt Undergraduate Chairperson Prof T Somnshekhar suggested going ahead vith an exam immedimely to prevent fmher delay and to explore using the same centres as CLAT
Other Faculty 111cmbcrs including Pr)f Ashok Patll suggested thatvlc should fun our ovn entrttnclt exam NIr Kunai Ambasta agreed bUt expressed concern about the costs of administering a scpamte entrance eXctlDlnatloD
Jflndakishore lt-luerkei whether ve couid go ahead for this staying tvithin
lnernbers inciudjng Sanyukta Choudhry and Ms Rashmi Vcnkatcn if it was PQssihlt IO have a dekly~d trimesrer nnd hm the inlpact ofthlt WOUld be Acadernic calendar options (r( txplored
Bnbu 11athev opined e should xplore many options 5hared TvlPP course to begin on ciCil1
Registrar~ Prof Sarasu Eshef Thon1as nmde a short prescntmion on the of a T on the S A-eadernic Year
1 Impact on applklnh
H1m p-ymc
r1nyioin these middotXl]]
P(rc(nt~~( of Point of 1ime nJen nolk of Refund of fcc of adrnission is ncchcrd
(Hlr
1s Ycn) Bi~~
I Trimester to II Trimcsn D~CCFhcr to
m
h) announce ~i
L)se 1 LLYl
to tho- yho wand to JOB)
2 Impact un NLSn
r ould -0 jom orh-r Hhtinntons
that WOtl ld bc 1n
I cgt Rs 9911gt7501middot
nOled that th~ k--ping the In a zero this
rJun-optlD1WH lbe
Possible gtOiUtiUllS
iovving pO$siolc solutions to Ihlt
quality addlTlonal uuuhk workload reachers and wnt til
DClsng ~1 adulisiuns lEosS ttJ corrplt~d urgtntly vhich EaHovmiddot us t) admit studnts rntd~Septen1ber and Viih ddayd b~it trirn12s1cr C(lYlprOrtusHlg JCadCl1iics
Dednre D 11h concqu~rH financIal losses lo-s of lainl tc as last rsort
4 If we run our tlvn entrance cxmn We rnay have to bear a snudt IO-is in monetary t(nns cntrmce process at a
it vns ionduded ihat smCe dH date ll) CLAT exan1 had nOI bcen flxLi 1hen W~l~ no vbClher voldd be any furh~r postponcn1entS LSIlJ be ith puhing
uirncgtter LO th ecund rrlrn-skr and so fDrth lhereby n1-lking it impo$)iblc to up 2021 In such a cnse~ rLSrC will be forcedo announct a zero y(ar~
US Lfl
nsoi cd
Executive
~g --1tUE tpZshy
Extract ofDraft Minutes of9t Executive Council Meetillg
DRAFT MINUTES OF THE 91 MEETING OF THE EXECUTIVE COUNCIL OF THE
ATIONAL LAW SCHOOL OF INDIA UNIVERSITY MELDON
WEDNESDAY AUGUST 12 2020 AT 330 PM AND ON
TUESDAY AUGUST 18 2020 AT 430 PM VIA VIDEO CONFERENCIgtlG
MEMBERS PRESENT I Honble Mr Justice Uday Umesh Lalit Judge Supreme Court ofIndia 2 Honbie Mr Justice Dhananjaya Y Chandrachud Judge Supreme Court of india 3 Honble Mr Justice S Abdul Nazecr Judge Supreme Court oflndia 4 Honble Mr Justice V Gopala Gowda Former Judge Supreme Court oflndia 5 Shri Manan Kumar Mishra Senior Advocate Chairman Bar Council of India 6 Shri S Prabakaran Senior Advocate Co Chairman Bar Council oflndia 7 Shri Deb] Prasad Dha Advocate Managing Tnlstee BCI Trust 8 Shr1 Apurba Kumar Sharma Senior Advocate Chairman Executive Committee Bar
Council oflndia 9 Shd Y R Sadasiva Reddy Member Bar Council of India 10 Shri Ved Prakash Sharma Advocate Member Bar Councll oflndia 11 Shri Prashant Kumar Singh Advocate Member Bar Council of India 2 Shri Anil Kumar 1M Chairman Karnataka State Bar Council 13 Shd tV Ramana Reddy lAS Additional Chief Secretary to Government or Karnataka
Higher Education Department 14 Shf1 SY Watawati Law Secretary Government of Karnataka 15 Prof (Dr) Sudhir Krishnaswamy Vice Cbancellor NLSIU 16 Prof (Dr) Ashok R Pati] Professor of Law NLSlU 17 Prot (Dr) TS Somashekhar Professor in Economics NLSIU J8 Dr Nagarathna A Associate Professor NLSJU
AliD 19 Pro[ (Dr) Sarasu Esther Thomas Registrar amp Professor of Law as Secretary to the
Executive Council
lVIEMBERS VRO EXCUSED THEMSELVES L HonbJc Mr Justice Mohan M Shantanagouclar Judge Supreme Court ofIndia
Opening Remarks
The Vice Chancellor Prof Sudhir Krishnaswamy welcomed al the members to the 9i Meeting of the Executive Council He thanked the Honble Judges representatives ofthe Karnalaka Stale Gevernment and members of the Bar Council of India for agreeing to attend this Executive
-ss Council TvteeHng organized at short notice or Video Conference He informed tflC 1crnbers that the Honbie ChiefJustice of India the Chsnceillllofthe University was unable to atlcu and had ominated Honble Justice UlJ Lalit to Chair themeeting in his abence
Justice Lalit clarified the reasOns why this emergency Executive Ceunci I Meeting had been convened at shori notice at his initiative First as CLA T 2020 had been postponed several times the University is unlikely to complete admissions by September 2020 Hence lLSIU faces the prospect or a zero year 1ere 120 BALLB + 50 LLM students will not be admitted and (be University wili lose INR16 crores over 5 years Secondly as the University had submitted a comprehensive Report reviewing the Reservation Policy in the third week of July this Report should be discussed while Ihe admissions process was underway
Justice Lalit then asked if any Member took objection to the short notice and was keen that the Meeting should be adjourned Ali Members unanimously agreed that due to the urgent nature of the agenda of the Meeing the usual lime trames for the Meeting may be dispensed with on this occasion
~ __-1-_- _ - _ _-- -- --- i Item No1 i Postponement of CLAT 2020 and Admissions to the NLSIL for the i_ ____J_A2e~)r2Q~Q21 ________ ____ __
Discussion IMembers noted that the Governing Body of the Consortium ofNLUs held an iemergencv meeting on Aug 10th 2020 to reschedule CLAT 2020 from Aug 22nd to 7en September 2020 ) i i 1 Members expressed concern that CLAT 2020 had been rescheduled 3 times and
further postponement could not be ruled out The Vice Chancellor clarified that the University has made adequate plans to compress the Academic Year if the 1
exam is completed On September 7th 2020 I
However several Members expressed concerns if CLA T 2020 was delayed 1 further All Members agreed that the consequences ofa Zltro Year in terms of loss of revenue (around i 6 crons) and loss of oppoltunity to 120 SA LLB (Hons) and 50 LLM students [0 study at the National Law School was too high a price to pay
Some Members suggested exploring various admissions options using 12th Stllndard Marks other entrance examination results or conducting an online examination The Chair emphasized that it is critical to authorize and urge the University to take immediate steps to prevent a Zero Year if CLAT 2020 is
i further rescheduled
i I The Chair requested the Vic Chancellor to consult withthe BCI Chairpls~n in the event that the Umverslly needs the leave of the Supreme Court In mese I 1____~__-lllat~~~ __ _ ___ _~__ __ _________ _jI _ 1 l was resolved unanimously that jfthere is a further delay in CLA T the Vce 1
L_~C~~nJ9_~ll~cel()r--~_lt11Jlowredt2takeai I necessar $iJlLt~nsur(U~ltlUl1ej
(J ry(Y~~
TAdmissions Processfor 2020-2 i~i~ completed in Septe111ber 2020
NLSIU is authQrised to fUll ft~ own admission process and conduct an i independert admisson tcst if necessary if there s further postponement of the I CLATexam
It was decided that the meeting would be adjourned to 18th August 2020 at 430 PM The Vice Chancellor thanked all the members for joining this meeting
After a formal weicome by the Vice Chancelor Justice U U Lalit chair the meeting and invited Justice Gopala Gowda to present his note feHowed by a presentation by the Chairman Bar Council ofindia
__ _~ ~__Ugt___ _~~~ _~~_~ _~ __ bullbullbull___ ~~ __ ~bullbull~~_~ gt _ 0 ~~ ~_____ ~~ _ __~ ~____ __ ______ __ __ __ __
1 -__~_~~__~ bull i Anv other item with the ncrmission of the Chair
n __ __ Item 3 __ ~~bullbull_______ ~_________bull ______ __ ______ - _~~ ~~~ ~~bullbull _~~~ ~ __--J~_~ __
Discussion The Chair asked the Vice Chancellor to clarify that CLA T 2020 was likely to be r held on 7th September 2020 The Vice Chance lor confirmed that as per the i current schedule it was to be conducted on 7th September 2020 but the I Consortium tny choose to reconsider the date later I
i--~------- i-------~ --_---- ---------------_--- ---- ---- -- ---
Decision i
The Executive Council unanimously reconfirmed this resolution to empower i
the Vice Chancellor and the Jniversity to conduct an independent admission iL_ _________jJ~poundf~ipoundE~1Jt t~at C~~T 29Qis dela)~ecc fU~~t____~~_________
The Vice Chancellor thanked all the Members for joining the meeting and thanked Justice UU Lalit for chairing this important emergency Executive Council meeting
SdJshyRegistrar National Law School oflndia University Bangalore
RE~srRfl~ Mttcrpt iegt s~ vi ImF(l flriilitt
~amp9lc n01ty~$J~z1i ll~ilIIii ~~1a
ANNExurE R14 iT NATIONAL LAW SCHOOL OF INDIA UNIVERSITY
Post Bag No 7201 NAGARBHAVI BENGALURU - 560 242 (Old Code No 560072) INDIA
Talalax 080 - 2321316023160532535 Fax OBO - 2316 0534 Website WWWnlsac-in Email registrarnlsaci
Report of the BALLB(Honsl and LLM Admissions Committee 2020
Committee Members
1 Prof (Dr) Sarasu Esther Thomas Registrar 2 Professor Babu Mathew 3 Assistant Professor (Dr) Kaushik Basu 4 Assistant Professor Kunal Arnbasta 5 Assistant Professor Sanyukta Chowdhury 6 Nithya Rhea Rajashekar Advocate (Legal Advisor to the Committee)
A Objective
Since inception admission to the BA LLB (Hons) programme has been purely on the basis of merit as assessed through a common entrance exam The University conducted its own AIIshyIndia entrance examination until 2008 when the Common Law AdmiSSion Test was conceived In 2018 the Consortium of National Law Universities comprising the ViceshyChancellors of 22 National Law Universities was formed to establish a Permanent CLAT Secretariat for the conduction of the CLA T Admissions to the Universitys BA LLB(Hons) and LLM programme were also done on the basis of CLA T score
The Covid-19 pandemic has however caused unforeseen difficulties and delays in the conduct of CLA T 2020 The repeated postponement of the examination has resulted in uncertainty for students parents and the participating Universities NLSIU is uniquely disadvantaged as it follows a trimester system where every academic year is made up of three terms of 90 days duration Moreover each term must accommodate 60 hours of classroom instruction in each course and adequately provide for examination and evaluation processes Further the academic offering for the 3rd 4th and 5th year of the BA LLB programme as well as the LLM programme is fully integrated and requires a common academic calendar
Hence if NLSIU is unable to complete admissions before the end of September 2020 it will inevitably result in a Zero Year with no admission This will deprive law students of the opportunity to pursue their studies this year at Indias premier law university We are fully committed to ensuring that no student is denied the opportunity to study at NLSIU this Academic Year Hence NLSIU is compelled by the current circumstances to conduct a separate admissions process for the BA LLB and LLM programmes for the Academic Year 2020-21
This matter was considered at length at a Faculty Meeting at the University on August 6th 2020 where the Faculty unanimously resolved that NLSIU needed to take all measures necessary to avoid a Zero Year The Executive Council of the University at its 915t Meeting held in two sessions on August 12 2020 and 18th August 2020 met to consider the matter and unanimously resolved to authorize the University to develop an alternative admissions process in the event that CLAT 2020 was not conducted on September 7 2020
h fin stablished under Kamataka Act 22 of 1986
-tgg On August 28 the Executive Committee of the Consortium of National Law Universities postponed CLAT 2020 from September 7 to September 28 2020 Accordingly this Faculty
Sub-Committee was constituted by the Vice-Chancellor and tasked with formulating a revised admission procedure for the academic year 2020-21 with respect to the BA LLB (Hons) and LLM Programme (hereinafter referred to as Programmes)
B Options available before the Committee
1 Conduct an online entrance exam at identified centres across the country for all applicants
2 Conduct a home-based proctored online entrance exam for all applicents
3 Conduct a home-based proctored online entrance exam for applicants shortlisled as per pre-defined criteria
81 Committees decision regarding Option 1
As per expenditure estimates prepared by the University conducting an online entrance exam at identified centres across the country for aU applicants would cost Rs 4 crores Moreover under the given lime constraints it would be extremely challenging to organise the same Further a home-based online examination discussed in Option 2 and 3 below ensures that candictates do not need to travel to physical centres for an additional examination
Accordingly the Committee decided that option 1 would be unfeasible
82 Committees decision regarding Option 2 and 3
A home-based proctored online entrance exam for all applicants would not be feasible given the expected number ofapplicants (apprOXimately 20000+ for BA LLB and 5000 for LLM considering the late call) and the available funds of the UniverSity unless some minimum fee is charged from applicants If this is done we may make an open call
~Ihere no application fee is charged such an entrance exam is feasible for applicants
shorlisted as per pre-defined criteria Subsequent to the initial deliberations ofthe SubshyCommittee it was made known to the members that the procedure for admissions as finalised by Ihe Academic Council on December 12 1987 was that Admission to tile Law School would be only on the basis of the Written Admission Tes
The Committee discussed the available technology platforms for conducting homeshybased proctored online entrance examination with two vendors (Edchemy and Coshycubes The Commiltee also got in touch with Pearson Vue and NSEIT) A moreurogt exhaustive search may be undertaken by the University before making the choice of technology partner for the entrance exam
With respect to the application fee the University has tlllIO options - (i) to charge a nominal application fee (in the range of Rs 100 Rs 250) to recover part of the costs
111 (with the balance being met by the University funds) or (Ii to not charge any application fee While the CommITtee felt that (i) was ideal a final decision may be taken by the Vice-Chancellor in this regard depending on the final expenditure estimates of the entire admissions process and availability of funds with the University
Therefore having considered all the options it was concluded by the Committee that an online home-based entrance examination conducted for all appticants at the earliest and with the lowest possible application fee would be a fair transparent and accessible admissions process
C Committees recommendation regarding conduct of home based online proctored entrance examination
The syllabus of the examination should be as ctose as possible to the Common Law Admission Test 2020 so that candidates are not required to undertake any additional preparation for the NLS1U Entrance exam The following format was recommended by the Committee
Maximum Marks 80
Duration of the Exam 45 minutes
Question Type Multiple Choice Questions only
Marking Scheme 2 mark per correct answer
-050 marks per wrong answer
-025 marks per skippedunanswered question
Candidates will have to appear for the examination using a computer device with video and audio transmission available They should be informed in advance that the University would noi be responsible for any connectivity issues or failure of intemet connection during the examination
A mock examination should be held to familiarise the candidates with the technology plalform on which the examination will be conducted
There should be a protocol established to deal with potential malpractice since the examination will be attempted by the candidates in a home environment It is understood that the available technology allows for artificial intelligence enabled human proctoring of the examination Additionally the technology vendor will put in place software mechanisms to ensure that forms of examination malpractice will be detected and suitable action taken This should include but is not limited 10 restricting access to different online tabs on the computer audio detection continuous video streaming detection of multiple login attempts etc In addition to proctoring during the examination post hoc verification must be conducted on the besis of detailed logs and data records maintained by the human proctors and the available system records In cases of observed malpractice the candidates examination should be cancelled by the University
At the time of computation of final scores pest the examination if twO or more cajsobtain the sameuro marks a break of tie should be made by the following procedure and order (i Higher number of correct answers to Legal Reasoning Questions (if) Higher number of correct answers in the overall examinatiOn iii) ComputeriSEld draw of lets
n view of the fotegoing discussion on the available options the Vice Chancellor may take the
final deCision 01 the admissions procedure to be followed for the academic year 2020-21
rurfw~_iv___ j J u ----shy
Prof (Dr) Sarasu Esther Thomas Professor 8abu Mathew
Dr Kaushik Basu Mr Kunal Ambasta
Ms Sanyukta Chowdhury Ms Nithya Rhea Rajeshekar
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ANNEXURE R-Il4shy
Honble Justice ~1L U C Lalit Judge the Supreme COlit ofIndia ChairmalL Executive C ounci Xational Law School oIIndia 1Jlliversity
36 September 1010
Sub Decision of the Consortium of -iational Law Universities on 28082020 to postpone
CLAT2020
Honble Sir
Greetings from NLSIU Bangalore
The Comonium of National Law Uillversities of which NLSIU is a member has by its llorification dated 28 August 2020 decided to postpone the Conunoll Law Admission Test CLAT) poundiom September to 28 September 2020 The COVID-19 pandemic has caused llntOreseen diftkulties and delays ill the conduct of CLA T 2020 and the repeated postponement of the examination bas resulted in uncertainty for students parents and the participating llliversities
As you are aware the )JLSlU is uniqudy diadvalltaged as it 1011ows a trimester system where eVelY academIC year i made up of three terllls of 90 days duration Moreover each tel111must accollllllod1te 60 hours of classroom imuuctioll ill each comse anc adequately provide for examination and evaluation processes FUl1her the academic offerillg tOr the 3rd 4th and 5th yem of the BI LLB programme as weH as the LLM prograllulle is fully integrated and requires a COllllllon academic calendar Hence if]1-S1U is unable to complete admissions before the end of September 2020 it will inevitably result in a Zero Year vdth no admissions This will deprive law smdellts of the oppommity to pursue their shldies this year at Indias premier law university TheretOre 1-SIC is compelled by the current circumstances to conduct a separate admissions process for the BA LLB ane LLM programmes for the cademic Year 2020-21
This maHer was considered at length at a Faculty Meeting at the University on Augmt 6 2020
when the C onsortiulll postponed the exam from August 22no to September 7 2010 where the Faculty unanimollsly resolved that NLSIU needed to take all measures neeesalY TO avoid a ~Zero Year
Then the lllmtcr Va placed before you in the EXecmive COllncil at its 9 F meeting held 011 1211
August 2020 wherein it was unanimously resolved to authorize the University to develop an ~-
~ltern~tivc admissions process ill the event that CLAT 1020 WilS not conducted on September jh
2020
Accordingly the Vice Chancellor constituted a Faculty Sub-COlllmittee on August ~020 to denlop a revised admission procedumiddote The Sub-Colllmittee concluded that a common entrance test conducted online at the lowest possible application fee would be a 1aiL tn11lsparent and accessible admissiolls process 8t this The proposab of the Sub-Committee were dicllssed at a F ~cnlty Meeting held 011 31 August 2020 After taking into accollnt the suggestions and
revisiom as necessary the Revised Admissioll Notifications for the Academic Year 2020-21 for
the BA LLB programme and LLlvl programme haw been notified
The lniversity aims to initiate and complete the entire proces by mid-September and begin the Academic Term immediately thereafter While the reyisecl admissions process presents a mOllumental task the careers of the students who have worked hard for this opportunity remain
our top priority
The V ice-Chancellor and I will contlllue to apprise the Executive C ouneil of these developments
and ve thank you for your SUppOl at this time
Sincerely
Prof (Dr) SraSll Esther Thoma
Professor of Law and RegistIar liLSIC tvlember Secretary Executive Council
Copy to (1) Members ofthe Execntlye CounciL NLSIlJ (2) Vice-Chancellor NLsn
-
1)pound0pound flt 15 ct
The Faculty
KltIional Law School oflndia University B8ngillolc
3 September- 2020
Sub Decision of the Cousoltiull1 ofKational Law Universities on 28082020 to postpone CLAT 2020
Dear all
~s you are aware the COllsorriulll ofKntiona Law Clliversities of which NLSIC is a membeL has by its notification dated 28th ugnst 2020 decided to postpone the COllllllon Law Admission Test (CLAT) Hom 7 September TO 28 September 2020 The COVID-19 pandemic has caused
uuforesen difficulties and delays in the conduct of CLAT 2020 and the repeated postponement of the examination has resulted ill uncertainty for students parents and the participating
Cuiversities
At the Faculty deeting at the liuivelsity on August 6th 2020 the mailer was considered at
length when the CLA T 2020 wa postponed fiom Angust 2211d 2020 to September 7th 2020 and need to avoid a delayed cademic Term was discllssed NLSlli is lllliqueiy
disadamaged as it follows a nilllestersystem where eely academic year is made up of three
Tenns of 90 days dmmion ldoreover each term 1ll1lSt accommodate 60 hours of classroom illSh11Ctioll in each course and adequately provide tOr examination and evalnation processes
FunheL the aCBdemic offering tor the 3rd 4th and 5th year ofThe BA LLB programme as well
as the LL2gtI programme is fully integrated and requires it COIlllllon academic calendar Hence if NLSlt is unable to complete admissioIlS before the cud of September 2020 it wil iueitably result in a Zero Year with no admissions that deprives law students of the opportunity to pursue their smdies l11i year at Indias premier law university At this meeting the Faculty Imanimously
resolved that NLSIC needed to take all measures necessmy to avoid a Zero Year
Tllereatler the matter was also placed before the Executive Council at its 91t meeting held on
12 August 2020 wherein it was ullanimously resolved to aurholize the University to develop an altemmive admission process in the event that CLAT 2020 was not conducted all September
2020 Therefore NLSlt is cOlllpdled by Ille current cncumstances to conduct a separate admissions process for the B LLB and LLM progrmnmes for the Academic Year 2020-2 L
Accordingly the Vice Chancellor constilllted a Faculty SubmiddotCommittee on 28 August 2020 to
develop a revised admissions procedure The Sub-Commirree concluded that a common ntlance test conducted online at the lowesl possible application fee vould be a fair
lransparem and accessible admissions nrocess at this stage The pro])osals oftlle Sub-Committee - - ~
were discussed at the Facultv Meetimr held on31 Augnst 2020 Afler taking-
into aCCOllll the ~
snggestions and revisions as llece~sm) the Revised AdmJion otificarions for the Academic
Year 2020-21 for the BA LLB programme and programme have been notified on the Cniversity Yeb~ite
The Cniversit aims to initiate and complete the entire process by mid-September and begin the Academic Term immediately thereafter While the reised admissions ploce presents a monumental task the careers of the students who 1mve worked hard for this opportunity remain
our top priority
The Vice-Chancellor and I shall continue to apprise the Faculty of the developments and we thank you for yom SUpjlOlt al this time
Sincere
Prof (Dr) Snmsu Esther Thomas Professor of Law and Registrar ]LSn
ltlember Secretary Executive Council
Copy to (1) Member offacuIty NLSlli
(2) Vice-ChallCellQL NLSIC
~) rRua (IPYshy
JNNEPCUJlpound R-Jb 8
Tlle PI ident
ConSOl1iUlll ofltational Law Cmverities
3 September 2020
Sub Decision of the Consortium dated 270820 to postpone CLAT 2020
Dear Prof VijaykumaL
Guering ilOlll LSru Bangalore
The COVID-19 pDlldemic has caused unforeseen difficulties and delays in the conduct of CLAT
2020 The repeated postponement of the examination has reulred in ullcel1ainty for students
parms and the pmticipating Cuiverstie
LSIl is uniquely disadnmaged as it follows a trimester system where evelY academic year is
made up of three tenlls of 90 days dmation rIoreover each term must accollllllodate 60 hours of classroom instruction in each course and adequately provide for examination and evaluation
processes Further the academic offering for the 31d 4th and 5th year of the BA LLB
pro~ml1111e as well as the LLrl progrmllllle is fully integrated and requires a common academic
calendar
Hence if ll_SIU is unable to complete admissions before the end of September 2020 it will
inevirably resut in a Zero Year with IlO admissions This deprives law sludents of the
opportunity to pursue their mdies tills year at Indias premir law university Therefore ](LSIU
is compelled by the ClliTem circumstance to conduct a separate admissions process for the BA LLB and LLM programmes for the gtcademic Year 1020-21
This matter was considered at length at a F acuIty lHeeting at the Cuiversiry on August 6th 2020 where the Faculty unanimously resolved that NLSIC needed to take all measures nec6sary to avoid a Zero Year The Execmive COllllcil ofte Cniversity the 91s1 EC meeting held in two
sessioLlS 011 12th Ausmst 2020 and 1 Stl August 1020 considered the maner and unanimously- ~
resolved TO authorize the University to develop 0Jl altemative admissions process in tile evem
tlwt CLAT 2020 was not conducted on September 7th 2020
On August 28th the Executive COlllmittee of the COllsortiull of National Law Universities
postponed CLAT 1010 from September 7th to September 28th 2010 III these circulIlstances
NLSIU is compelled to conduct a sepmate admissions process forthe Academic Year 2020-2 L
I reiterate that NLSIU will continue to discharge all its responsibilities as a Founder )middotlember of the COllS011iulll Rncl the Vice-Chancellor in his capacity as ex-officio Secretary-Treasurer shall
extend all necessary SUppOH to the Consortium for the SUCCessful condlct of CLAT 2020 at the
earliest possible date
I am continuously available to clarify any of these developments on the email and the phone e
request yon to take all necessalY steps 10 connmlllicale this to all students who have registered for CLAT 2020 as we lllUICt conduct the admissions process with the least possible
disl1lptioll
Sincerely
Sarasu E1her Thomas Registrar NLSIC
Copy to
(1) vIr Bahaj Chaul13ll CLA T COllvenor (2) Members of the Consortium
~~~2
ROE c Flyshy
AIIIIIIpound1CtfJa R-jrr ~ATIO~AL LAW SCHOOL OF LiDH t7~IVERSITY BEGAIXRl I0 0
PROCTORING PROTOCOLS
THE KATIONAl LAV APTITlDE TEST 2020
NLSIF uims TO ensure that the NLAT 2020 is an accessible smdem-triendly examinmion registered candidares are required TO follow the highest standards ofacademic integrity while raking the res The Proctol1ng Protocols to monitor the examination process are sel om below
middotmiddotmiddotmiddotmiddot~-middot~rmiddot~middotmiddotmiddotmiddot-~middotmiddot-middotmiddotmiddot~middotmiddot ------~~
50 lIalpracticf Ownersbi]l PradoI Ation
1 I111pcfsonation Proctor L Record Malpractice I
~(determined at of _ Do not allow the impersonator to starr candidate validmion the xmninatioll prior to cxanllmnion 3 For PWD candidates both the commencement) candidateS and scribes GOV1 Photomiddot
I ID must be verified bull
2 Inappropriate Proctor Proctors will send a message to such surroul1dings ar teSC candidates Please sweep th canlra location External help ill a circle around me place you are solicited (suspected) taking the assessment and i or (Someone otiler than Please tilt rhe devicemiddot keyboard you pennitted scribes are using for the assessment)present in the vicinitv
1 Candidates to show 8 360-degree view candidate looking ill of the emire room by mming on a mher directions webc8m (Iapmpsidesktopsl or fromcontinllollsly
periodically candidate camera (as directed by proctor) talking communicating (mobile devices) tilt the device
Iin any other manner keyboard as instrUCTed dlh SOIlleone other thrill 3 If any 1llla1lthorised person or penllired scribes unauthorised device is observed in the
candidateS vicinity including but not limited to person(s Othef than permitted scribes HDMI cabies extemal devices projection of the feSt screen etc proctors m terminate the candidates examination attempt
I inUlledlately
4 If the proctor observes a phone rabler other device falling slipping when the device keyboard used for the assessment is tilted proctor to terminate the exam immediately
5 Any candidate who fails to comply with the proctors instruction within 45 seconds will be logged OUl of the examination ProcmfS may permit 10 additional seconds in simations where they ill Ildr ciretiol1 determine that
10 ~-()
3
4
5
6
s
~IaljJractke
T alkingiS peaklngJvIaki ng Gestmes (could include gestures that indicate to the proctor candidate may be using another demiddotic~middotmiddot looking at chat applications InirrofJ other screen etc ) VindQw ~ u (Accessing any other window other than the test vinoo)
I
Lac Face not Detected (Candidate not present in front of systenl)
-fllltipJe persons detected
i Foreign Device Observed (~vlobileT ab letsCa leuia tors etc)
Candidates observed
II OwnerSlliL I
Proctor l
0_
3
Systell1 Ii
0_
Proctor l _
3
LProctor _
3
Proctor i
Proctor L
P~()ct()r Actim the candidate may 110t hay noticed l11essages i1-0111 the proctor in the course of anc~llpting the exarlination Send tlyo yarnings m the cnndidare If a candidate persists with this be11ayio1[ the procmf shalt inform tbe Super Proctor Super Proctor may recommend t11m candidates should be conracted through the system for clarification or disqualified
Candidate will be loggerl our of the -xal - middotl1hafmiddoto~h at~middot1 c1 _ ~UCh - ~ 1 dllC1UY I
accounts for occasional 0Jc~m popmiddot ups Inacyertent errors)
Proctor may issue to candidates when the first tiw attempts afe detected
Send one warnjl1~ If the candidate does nor reUlrn within 45 seconds tennlnate the candidates examination attempt immediately Proctors Jllay permit 10 additional seconds in situations Where they in theit discretion determine that the candidate 111ay not hay noticed
--warning messages 110111 the proctor in the conrse of Jttempting the examination Send one vaming to the candidate
~~~~
If the other person does not leave imrnediatcly tenninatt the candidateS fxaluination rmempt immediately Proctors shall when comempla ring the abo1e actions account for a PVD candidmes fhm may be
_cHsing b Candidates that mav be 3D faring~p
for the exarnination at test centres
Send one wamin to the candidate If the candidate still persists terminate the candidate5 ~xalnination attempt immediately Send one to the candidate
7
i f--
S~o r HalpnKtke OWllerlthiJ Acflim
Headphones Blueworh _ Check if the candidate is only using it Audio devices for microphones purposes fle
plugged into systel11 as an external 3uaclled microphone bur candidate is not wearing earptcef h~adset)
o If the candida does nor comply with
the proctors instructions rermilk1te the candidate s examination attempr I immediarely_- ----+-_--shy
9 Simulmn~ou5 login Proctor L Proctors will observe rhe picmres of nne1l1pts 11mlriple candidates fr01l1 all such dcices
~0 _ If ir is observed rhar someone other rhan the candidate is using snell other d~vic~s proctor to renuinme the exafn immediately
3 If a candidate is observed on all snch Ideices proctor will flag the issue for
the Super Proctors anenrion Super Proctor nlay recoffilllend that
Ibull bull
candidates be contacted through the system for claritlcarion or disqualified Further investigation posr the examination may be carried out with help of audit togs generated on the SYSTem and lLSIU may disqualify the cundidllle upon such I eXaJlJnation
10 Any other malpractices Proctor Super Proctors Super Proctors may in nor describe above Proclor addition to situations where Proctors
Super Proctors detect any potential malpracrices as described above ask the candidate to perform any of the aceions described ill this column titied Proctor Action at any lime and tU
their discretion III addition to the demits set om in
these Prorocols~ the Super Proctors shall haVe the authoriry 10 disqualify a candidate terminate the candidate S examination attempr in the event they detect any act or onssion that docs nol comply with the requiremems of inregriry of a test of the llamre of the -LAT 2020
~OTES
j Instructiolls will provided to candidates on the rest screen as well as in advance of rhe examinarioll in a Candidare MannaI in relation to sinrariolls such as power ems internet
3
lo~ faiiures The assessment system used for the NLAT ~020 may permit the candidate to continue ansrering the question paper In events of internet failure hoyever this is subject to the Proctors discretion and subject TO the candidate system re-connecting to the examination interface it11i11 the rhlle and in the l11anner stipnlated ill the Oll~$creell instmctions and the Candidate ManuaL lilile every attempt shall be made to ensure that commullications instructions and requests promptly are delhered to candidates during the examination process candidates shall have the responsibility to ensure that they respond to such communications messages instructions and requests promptly
3 NLSIU reserves the right upon conducting a derailed and thorough sCl1lriny ofrhe system reports generated for short1isted candidates after the exanlination to any such candidates test scores in the event the system reports in KLSICs opinioll reveal any act or omission tllat does no comply 1rh the req1irements of of a res of the namre rhe NLAT 2020
4 NLSIU rnay re-iey update these Protocols at any tilne prior ~o the exarninarlon at discretion All registered candidates shall be Infof1ned of such elSlOllS l1pcla~s prior ro time of their examination
0-+ A~exURR-IebullNATIONAL LAW SCHOOL OF INDIA UNIVERSITY
Post Bag No 7201 NAGARBHAVI BENGALURU bull 56C 242 (Old Code No 560 (72) INDiA
T6efax OSQ 2321 31602315 Q532 535 Fax 080 2316 0534 Website VhOIS(1CT EmaM
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1i1I Jur lh- liPL Ll 1 I 2u~o gtlJhitbLlt Hi
J A University for Lega Studies and Research sponsored by the Bar Council of IndJa and established under Karnataka Act 22 of 1986
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
IN WRIT PETITION (CIVIL) NO1030 OF 2020
IN THE MATTER OF
RAKESH KUMAR AGARWALLA amp ANR PETITIONERS
VERSUS
NATIONAL LAw SCHOOL OF INDIA UNIVERSITY
BENGALURU amp ORS RESPONDENTS
APPLICATION ON BEHALF OF RESPONDENT NO1
SEEKING EXEMPTION FROM FILING DULY ATTESTED
ORIGINAL COUNTER AFFIDAVIT
TO
THE HONBLE CHIEF JUSTICE AND
OTHER HONBLE JUDGES OF THE
HONBLE SUPREME COURT OF INDIA
THE HUMBLE APPLICATION OF THE
RESPONDENT NO1 ABOVE NAMED
MOST RESPECTFULLY SHEWETH 1 That the respondent No1 is filing the accompanying Counter
Affidavit of its authorized representative in the present matter
2 That the Respondent No1 craves leave of this Honble Court to
refer to and rely upon the contents of the accompanying countershy
affidavit
loi 3 That due to the situation prevailing on account of corona virus
pandemic the authorized representative of the respondent No1
is unable to get her Counter Affidavit duly attested f notarized
Accordingly the respondent No1 is constrained to file the nonshy
attested signed affidavit in support of the present countershy
affidavit
4 That in the light of the above-mentioned facts and circumstances
which are beyond the control of the Respondent No1 it is
imperative that the Respondent No1 is exempted from filing the
duly attested Affidavit in support of the present counter-affidavit
5 That the present application is made bonafide and deserves to be
allowed in the interest of justice
PRAYER
It is therefore most respectfully prayed that this Honble Court
may graciously be pleased to allow this application and
(i) Exempt the Respondent No1 from filing of the duly attested
original Counter Affidavit and
(ii) Pass such order(s) as this Honble Court may deem fit and proper
in the facts and circumstances of the present case
AND FOR THIS ACT OF KINDNESS THE APPLICANTS AS IN DUTY
BOUND SHALL EVER PRAY
FILED By
~ (KUMAR DUSHYANT SINGH)
ADVOCATE FOR THE RESPONDENT No1 FILED ON 14092020
ItJ1
iN SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
IN WRiT PETITION ViL) NO1030 OF 2020
rnON[HS
VERSlS NnOiIL LNV SCHOO GF INDiA UrJ1VERSiTY
l~G Ul-ZU amp OFS
AFFIDAVIT ) fhO[vlS fv1L Nt Thornas
years at Faculty Quarters Block 2 National ind Nagarbhavi Bengaluru 560072 do afffr and statG on oath as under
the Respondent NO1 in the present
VJith of the case and
affirrn to this affidavlt
2 the contents of accompanying application exenlption are
true correct ~o my Knowledge and belief nOthing rrt3hrial
llas concealed ti
VERIFICATION
at Bengau(u on)~ cay of September 2020 that the
contents of above affidavit are true and correct to my knOWledge and
and nothIng rnateria has concealed therefrom
9 NLSIU which was established as an autonomous national-level
institution under the NLSI Act is now recognized globally as the
premier institution for imparting legal education in the country to
students from India and overseas
10 NLSIU at present offers the following courses of legal study
a five-year undergraduate programme leading to the award of
BA LLB (Hons) degree
b one-year postgraduate programme leading to the award of
LlM degree
c two years Master of Public Policy post graduate
programme and
d Ph D I M Phil Research Degree programme
11 NLSIU carries out its functions autonomously regulated by its
governing bodies under the NLSI Act in consonance with the
professional legal education standards prescribed by the BCI In
exercise of its said autonomy NLSIU defines its own pedagogy
and the structure of the courses of legal studies to be offered by
it as also various structural elements such as its academic
calendar faculty intake and capacity etcetera
Brief Background regarding Historv ofAdmissions to NLSIU and Genesis of eLA T
12 From inception NLSIU has had autonomy in determination of its
admissions process The mode of admission into the University
was originally fixed by the Executive Council in its first meeting
dated 29081987 to 30081987 wherein it was decided as
follows
I The draft proposal of the Academic Council to Actions have the selection of the students done through will be an All India admission test and interview was taken as approved The procedure for admission Test per the and the selection may be decided by the decision Academic Council and implemented by the of the Director However the Executive Council Executive disapproved the recommendation of the Council Academic Council to pay one-way second-class train fare to the students called for the interview
The Council noted the sample objective type question paper presented by the two experts on the request of Professor Upendra Baxi However the matter for finalizing the test was left to the Academic Council and the Director The Council noted the format of admission Test provided by MIs RC Mishra and CB Dwivedi of Banaras Hindu University as the instance of Professor Upendra Baxi
True Copy of the relevant extract of the Minutes of the First
Meeting of the Executive Council is annexed herewith and
marked as ANNEXURE-R-11 (Page No l-40)
13 Pursuant thereto the Academic Council of NLSIU met on
12121987 and resolved the final procedure for admission True
Copy of the minutes of the meeting dated 12121987 is annexed
herewith as ANNEXURE-R-1I2 (Page No 51)
14 Until 2007 NLSIU was conducting its own entrance examination
for admissions into its various programmes Pertinently even till
date NLSIU continues to conduct its own admissions process for
the MPP programme and Ph D programme mentioned in
paragraphs 1 O(c) and 10(d) above
15 In or around 2007 in the backdrop of proceedings before this
Honble Court in Varun Bhagat v Union of India and Ors
wP(C) No 68 of 2006 a meeting of the (then-existing) seven
National Law Universities was convened by the Ministry of
Human Resource Development to consider implementation of a
joint entrance examination for admission to the said NLUs The
seven NLUs entered into an MOU to conduct a common test
J known as the Common law Admission Test (ClAT) It was
agreed that each participating University shall conduct the exam
by rotation The matter of adopting such a common entrance test
was also deliberated by the Executive Council of NlSIU in its
meetings dated 27012007 and13052007 wherein the
Executive Council directed that NlSIU should ensure it plays a
lead role in implementation of such common entrance test True
Copy of the minutes of the meeting of the Executive Council of
NlSIU dated 27012007 is annexed herewith and marked as
ANNEXURE-R-113 (Page No +)
True Copy of the minutes of the meeting of the Executive Council
of NlSIU dated 13052007 is annexed herewith and marked as
ANNEXURE-R-114 (Page No S 16 Thereafter the ClAT process itself was called in question before
this Honble Court in two separate proceedings ie Shamnad
Basheer v Union of India WP(C) No 600 of 2015 and Disha
Panchal v Union of India WP(C) No 551 of 2018 In Disha
Panchars case where grievances relating to ClAT 2018were
raised this Honble Court directed the Ministry of Human
Resource Development to appoint a Committee to investigate
1o CLA T 2018 suggest remedial measures and look into future
arrangements for the exam and this Honble Court also observed
that the idea of different NLUs conducting the exam each year
needs to be revisited In Shamnad Basheers case four issues
were raised regarding CLAT namely (a) the decision of the
Universities to conduct the exam in turn by rotation (b) the
quality of the exam itself (c) the integrity of the exam and (d)
issues relating to accessibility particularly amongst
underprivileged segments of society
17 The concerned NLUs in this backdrop and independently of any
directions of the Honble Courts in the said proceedings resolved
to establish a Permanent CLAT Secretariat at NLSIU Bangalore
by incorporating a registered society namely the Consortium of
National Law Universities A plain reading of the Memorandum of
Association and Bye-Laws of the Consortium clearly
demonstrates that the objectives and purposes for which it was
formed were multifarious in nature and not restricted to
conducting the entrance exams The concerned NLUs further
decided that the said society would be responsible for conducting
the exam under the leadership of the Consortiums Executive
Council Based on the said decision the Respondent NO3 (the
Consortium) was formed as a society under the Karnataka
Societies Registration Act 1960 NLiSU was given a central and
prominent role in the Consortium and it was decided that the
Secretariat would be permanently located at NLSIU Bangalore in
order to address the concerns raised in Shamnad Basheers
case
18 The Petitioner in the said case however(relying on an Expert
Committee Report submitted in Disha Panchals case
recommending that a government agency be mandated with
conduct of CLAT sincemiddot rotation-based implementation by
individual colleges was undesirable which Report had been
submitted prior to constitution of the permanent Consortium
Secretariat) pressed for the National Testing Agency to be
entrusted with conducting CLAT This Honble Court vide its
latest Order in the above proceedings dated 28112018 directed
the Ministry of Human Resource Development to convene a
meeting amongst the stakeholders to consider this prayer True
Copy of the order dated 28112018 in wp(C) NO600 of 2015
12 titled as Shamnad Basher Vs Union of India is annexed
herewith as ANNEXURE-R-1f5 (Page No amp-I-J) However thereafter there have been no further proceedings in
the said case
19 As is clear from the foregoing establishment of the Consortium
and CLA T were purely voluntary decisions taken by the
respective NLUs pursuant to deliberations amongst them and in
order to resolve issues and concerns that had been raised by
various stakeholders including in the afore-described
proceedings before this Honble Court Further and specifically
to the best of the Answering Respondents knowledge - and on a
perusal of the various Orders of this Honble Court in the
aforesaid proceedings- it is crystal clear that this Honble Court
did not issue any directions to establish or implement either a
common law entrance exam or a Consortium of National Law
Universities In fact even the Petitioners do not rely on any such
Orders
20 The voluntary nature of participation in the Consortium and
consequently CLAT is also established by the fact that the Bye-
Laws of the Consortium itself provide for voluntary withdrawal
13 which could never have been permitted if the Petitioners
contention that it was the result of Orders of the Honble Court is
correct
21 NLSIU as a party to the deliberations amongst the NLUs
described above has been at the forefront of implementing
CLAT and also taking continuous measures to enhance and
improve the CLAT admissions process right from the inception
and till date
Events relating to CLAT 2020 Inordinate Delay in Holding CLA T 2020
22 Even for the Academic Year 2020-21 NLSIU actively partiCipated
in the announcement and implementation process of CLAT 2020
23 As per the original schedule for CLAT 2020 the exam was to be
conducted on 10052020
24 However starting from March 2020 and thereafter the
Consortium resolved from time-to-time to reschedule the CLAT
2020 due to the COVID-19 pandemic as follows
Date of decision to Rescheduled Rescheduled Decision reschedule from - Date to- Date taken by
21042020 10052020 21062020 General Body
18052020 21062020 To be notified Executive Council
14shyI
29062020
05082020 I
10082020
28082020
NA
I
22082020
NA
07092020
22082020
To be notified
07092020
28092020
Executive Council
Executive Council
General Bodv
I Executive bullCouncil
25 As is clear from the foregoing CLAT 2020 which was originally to
be held on 10052020 now stands delayed by more than four
months to 28092020
26 The aforesaid decision to postpone CLA T 2020 to 28092020
would have compelled NLSIU if it were to rely on CLAT to
complete its admissions to declare a Zero Year ie forgo
admissions into the first year of its BA LLB and LLM
programme for the reasons explained hereafter
27 NLSIU amongst 23 NLUs is the only NLU which maintains a
trimester system-based academic calendar The trimester system
is implemented as per the decision of the Executive Council of
NLSIU in its 4th meeting held on 11091988 The Executive
Council in the said meeting decided that each Academic Year
shall be divided into 3 academic terms of mandatory 70 working
days each True Copy of the relevant extract from the Executive
S Committees Resolution dated 11091988 is annexed herewith as
AN N EXURE-R-1 16 (Page No J)
28 The requirement to hold mandatory seventy working days in each
trimester rests on the fact that NLSIU offered a novel integrated
five year dual-degree programme that would otherwise take six
years to effectively deliver In this backdrop in order to comply
with applicable UGC guidelines and justify a five-year
programme the University devised a trimester-based model
which could sustain the additional workload and justify the five-
year timeframe The same therefore necessarily requires an
academic year to be at least 285 days long (even if the usual 15
days break at the end of each term required for evaluation and
analysis is reduced to 5 days) A detailed note explaining the
aforesaid timeframe required for completion of an academic year
are annexed herewith as ANNEXURE-R-17(Page NOT~
29 Therefore the requirement to complete 285 days in the Academic
Year 2020-21 coupled with the requirement to start the next
academic year (2021-22) on 01072021 meant that NLSIU has
to start its first-year classes for the Academic Year 2020-21 by no
later than 18092020
I 30 Pertinently the impact of delays in CLAT on academic calendars
is not only real but also felt by other institutions For example
Nirma University which conducts its LLM programme on the
basis of trimester system was constrained to withdraw from
CLAT 2020 due to the delays in conduct of the same True Copy
of the Communication of Nirma University to the Registrar of
NLSIU dated 12092020 is annexed herewith and marked as
ANNEXURE-R-1S (Page NO-=t-)
NLSIUs Efforts to Complete Admissions through eLAT 2020 Process
31 NLSIU in view of the need to complete admissions and
commencement of the course by 18092020 made substantial
bona fide efforts to convince the Consortium to facilitate the
conduct of CLA T 2020 in a timely manner
32 The Respondent No2 has in his Counter-Affidavit laid out the
efforts made by him to avoid postponement of CLAT 2020 NLSIU
adopts the averments made in this behalf in full True Copy of the
table prepared by the Respondent No2 and produced in his
Counter-Affidavit describing the said efforts is annexed herewith
as ANNEXURE-R-19 (Page No i1f~
33 Further in light of the repeated delays when CLAT 2020 was
postponed on 28082020 to 07092020 NLSIU also proposed
several alternatives to the Consortium which would enable
universities to complete their admissions within the timeframe
required whilst leaving it open to members if they so choose to
delay their admissions process The options furnished were (a)
for NLUs to proceed with their own admission process for 2020shy
21 (b) allow for CLAT 2020 to be conducted in two series so that
Universities may choose an earlier or later date and (c) for NLUs
to admit CLAT-enrolled students to appear for separate exams
conducted by the NLUs with no further need for registration or
fee payment However the members of the Consortium did not
agree to any of the alternatives suggested Subsequently on
10082020 the General Body of the Consortium met and
decided to hold CLAT 2020 on 07092020 If CLAT 2020 was so
held it would have enabled NLSIU to complete the admissions
process in time to meet the requirements of its academic
calendar
Faculty and Executive Council Decision re Alternative Admissions Process Announcement of NLAT 2020
34 The Faculty of NLSIU at their meeting dated 06082020 had
considered a short presentation made by the Registrar of NLSIU
on the effect of the postponement on NLSIUs admissions cycle
and academic year and noted the dangers of a Zero Year
including loss of talent to the University loss of opportunity by
students to study at NLSIU and monetary losses over 5 years
The Faculty in this backdrop unanimously resolved that NLSIU
needed to take all measures necessary to avoid a Zero Year
True Copy of minutes of the faculty meeting dated 06082020 is
annexed herewith as ANNEXURE-R-110 (Page NOI)
35 As the continued delays in CLAT 2020 would frustrate NLSIUs
academic calendar the Executive Council at its 91 51 Executive
Committee meetings dated 12082020 and 18082020 resolved
and directed the University to implement an independent
admissions process if the CLA T 2020 was further delayed beyond
07092020 True Copy of the draft minutes of the 91 s1 Executive
Council meetings dated 12082020 and 18082020 is annexed
herewith and marked as ANNEXURE-R-111 (Page NO +- tamp)
Efforts taken to Implement NLA T 2020 Effectively with Engagement of All Stakeholders
36 NLSIU being left with no other alternative had to act with alacrity
to complete the admissions process and commence classes by
18092020 and avoid a Zero Year
37 In this backdrop and pursuant to the directions and instructions of
the Executive Council at the meetings dated 12082020 and
18082020 to devise alternative methods to complete
admissions the Respondent No2 convened a Admissions
Committee to consider the modalities for completing admissions
The Admissions Committee considered three options for
admission for incoming students First a centre-based computer
entrance examination Second a home-based online examination
for all students and Third a three-stage process providing weight
age to 10+2 marks online entrance examination and an
interview
38 The Admissions Committee in weighing the feasibility of the
aforesaid options took into account all relevant factors including
the time constraints and costs the requirement to ensure that
candidates are not put to any undue disadvantage as a result of
the decision and also the prevailing practice of NLSIU prior to the
introduction of the CLAT to conclude that an entrance test
conducted online at the earliest and with the lowest possible
application fee would constitute the most fair transparent and
accessible admissions process in the above circumstances The
Admissions Committee expressly noted that the said approach
would be in line with the decision of the Executive Council in its
meeting dated 28081987-30081987 as also the subsequent
decision dated 12121987 of the Academic Council whilst
implementing the aforesaid view of the Executive Council (which
decisions are more fully described hereinafter)True copy of the
Report of the Admissions Committee is annexed herewith and
marked as ANNEXURE-R-112 (Page No S=J) 39 On 31082020 NLSIU convened a Faculty Meeting and the
proposals of the Admissions Committee were duly deliberated
and accepted The Faculty unanimously agreed that a separate
admissions procedure would be in the best interests of the
students and NLSIU True Copy of the minutes of the Faculty
2 Meeting dated 31082020 is annexed herewith and marked as
ANNEXURE-R-113 (Page N0-11)
40 Pursuant thereto the Vice-Chancellor formed a team consisting
of faculty members and professionals to finalize the modalities of
the examination and also appoint after evaluation the
appropriate service providers to facilitate the conduct of the
examination
41 Thereafter once these actions were completed by the said team
and the modalities were frozen the Respondent No2
communicated I caused to be communicated through the
Registrar the final arrangements to the Nominee of the
Chancellor the Executive Council the Faculty of NLSIU and also
the Consortium itself The details regarding the same as also the
conversation between the Respondent No2 and the nominee of
the Chancellor of NLSIU are averred by Respondent No2 in his
Counter-Affidavit NLSIU craves leave to adopt the said
averments True Copy of the Communication dated 03092020
regarding NLA T 2020 issued to the Nominee of the Chancellor
and Executive Council members is annexed herewith as
ANNEXURE-R-114 (Page No ~V
True Copy of the Communication dated 03092020 regarding
NLAT 2020 addressed to the Faculty of NLSIU is annexed
herewith as ANNEXURE-R-115 (Page No -1) True Copy of the Communication dated 03092020 regarding
NLA T 2020 addressed to the Consortium of National Law
Universities is annexed herewith and marked as
ANNEXURE-R-116 (Page No It)
42 Therefore the decision to hold NLAT 2020 was notified on
03092020 only upon completing the processes described
above and with due and full disclosure to internal stakeholders
the Executive Council as also the Consortium itself
43 It is in the above factual backdrop and pursuant to permission
granted by this Honble Court in its Order dated 11092020 in the
above proceedings that NLSIU has implemented NLAT 2020 with
a view to avoid declaring a Zero Year
RE LEGALITY OF NLAT 2020
Re Statutory Power of NLSIU to Convene NLA T 2020 Scope of Executive Councils Powers under Statute
23 44 NLAT 2020 is implemented by NLSIU in the aforesaid factual
backdrop and in exercise of its statutory powers and functions
Pertinently it is implemented pursuant to and in terms of the
express decision of the Executive Council in the 91 stExecutive
Council Meeting wherein in the second session of the said
meeting held on 18082020 it was resolved as follows
The Executive Council unanimously reconfirmed this resolution to empower the Vice Chancelor and the University to conduct an independent admission process in the event that CLAT 2020 is delayed furthet
45 The power of the Executive Council to make this decision is
manifest from Section 10 of the NLSI Act which provides as
follows
10 The Executive Councilshy
(1) The Executive Council shall be the chief executive body of the School
(2) The administration management and control of the School and the income thereof shall be vested with the Executive Council
46 Even as per the settled law laid down by this Honble Court in
TMA Pai Foundation v State of Kamataka (2002) 8 SCC 481
the right of the educational institution under Article 19(1 )(g) of the
Constitution as recognised by this Honble Court encompasses
the right to admit students In the said Judgment at para 50 this
Honble Court held as follows
50 The right to establish and administer broadly comprises the following rights
(a) to admit students (b) to set up a reasonable fee structure (c) to constitute a governing body (d) to appoint staff (teaching and non-teaching) and (e) to take action if there is dereliction of duty on the part of any employees
47 As a matter of historical practice as well the Executive Council is
the supreme authority which is empowered to take decisions as
the chief executive body of the school The same is evidenced
from
a The decision of the First Executive Council meeting dated
29081987 - 30081987 wherein the mode of admission
is decided (produced above as Annexure R 1) and
b The decision at the Executive Council meetings dated
27012007 and 13052007 regarding admission through a
common entrance test (produced above as Annexure-R-13
and Annexure R-14 respectively)
2S 48 It is therefore indisputable that the determination of the method
of admission to NLSIU vests under the statute with the
Executive Council
49 The related contention that the Executive Council cannot decide
on the mode of admission without reference to the Academic
Council is misconceived The said contention is asserted on the
basis of conditionality imposed by the Second Proviso to Section
13 of the NLSI Act requiring that the Executive Council seek the
concurrence of the Academic Council before making amending
or repealing any regulations regarding the mode of enrolment or
admission of students As is clear from a plain reading of the said
provision the requirement for prior concurrence arises when the
Executive Council exercises its power to make regulations
50 In the present case there are no extant regulations in place
regarding or in respect of admissions into NLSIU
51 It is well-settled as per the law laid down by this Honble Court in
PTC India vs Central Electricity Regulation Commission (2010) 4
SCC 603 that the executive or administrative power vested in a
body under statute can be exercised independently of and
without recourse to subordinate legislative power vested in it
under the same statute In the present case the Executive
Council has exercised its executive or administrative power
which is not conditioned in any manner
52 The other contention sought to be urged in this regard that the
Vice-Chancellors decisions to hold NlAT 2020 do not fall within
the scope of are not authorized by the aforesaid decision of the
Executive Council dated 1218092020is also misconceived In
the first instance the said contention is wholly false for reasons
stated in the Counter-Affidavit of the Respondent No2 (the Vice-
Chancellor of the Respondent NO1-University) and the same is
fully reiterated herein In any event the said contention is also
untenable in law in view of Regulation 12 (re the Executive
Councils powers of delegation to the Vice-Chancellor)
Regulation 18(2) (re the Vice-Chancellors powers co-extensive
to the Executive Council) and Regulation 18(5) (re the
emergency powers of the Vice-Chancellor)
Re NLSIUs Power and Right to Conduct an Alternative Admissions Test to CLA T 2020 is not Constrained bv Orders of the Honble Courts
2~ 53 NLSIU adopted CLAT for purposes of admissions on a voluntary
basis
54 It is denied that there are any judicial directions to the NLUs to
hold CLA T In fact the Rajasthan High Court in respect of a
prayer for directions to NLU Delhi to admit students through
CLAT refused to do so in the case of Law Prep Tutorials Pvt
Ltd v Union of India DB Civil WP(PIL) No 754 of 2017 by
holding as follows
So far joining or not of a particular University in the Common Law Admission Test is concerned as at present we are unable to find any specific legal requirement where for any particular University may be directed to join the Common Law Admission Test by the Court Further the issues as to how the admission process and the examination process is to be conducted are required to be left for the decision and execution by the organising University Therefore as regards prayers Nos 4 and 5 we are not persuaded to entertain this petition
[Emphasis supplied]
55 The convenor of CLAT at that time viz Gujarat National Law
University was a party to the above case Therefore the
Consortium now cannot contend that CLAT is a mandatory
requirement for NLUs which contention is squarely contrary to
the aforesaid finding
56 In fact the Petitioners themselves do not rely upon any directions
of the Honble Courts in relation to establishment of CLAT or
adoption of the same The reference made to the Preamble of the
Consortiums Memorandum of Association in this behalf is
misconceived The language therein clearly depicts that this
Honble Court directed the Ministry of Human Resource
Development to convene a meeting amongst NLUs and the NLUs
then proceeded to consider the matter and resolved voluntarily
to conduct the CLAT exam The relevant recitals in this regard
as extracted below
AND WHEREAS on the direction issued by the Honble Supreme Court in Varun Bhagat v Union of India [WP NO68 of 2006 decided on 23112007] and due deliberations made by the University Grants Commission Ministry of Human Resource Development Government of India and the Council with the first seven NLUs the idea to conduct a combined test for all the thenshyexisting NLUs was conceptualized
AND WHEREAS seven existing NLUs in the year 2008 signed the Memorandum of Understanding dated November 23 2007 [the MoU] to hold a combined admission test to be organised by an NLU on rotation basis in the order of seniority
57 There are no Orders whatsoever in any of the proceedings
before this Honble Court requiring that CLAT be implemented It
is reiterated that the Petitioners themselves have neither referred
to nor produced any such Orders
58 The fact that the decision to stop implementation of the exam by
each participant-NLU on a rotational basis the establishment of
the permanent consortium and the inclusion of new universities
did not require any approval from this Honble Court also belies
the contention that the requirement to conduct CLAT arises from
Orders of this Honble Court
59 Further the fact that directions for modification of the process are
sought in Shamnad Basheers case have been entertained
without requiring the Petitioner therein to file a Review Petition
also establishes the said fact
Re Bye-Laws of Consortium
60 The contention that NLSIU is bound to admit students only
through CLAT in terms of the Bye-Laws of the Consortium and
specifically Bye-Law 1533 is entirely baseless for the following
reasons
c The Bye-Laws are a subordinate charter document binding
on the members The same cannot detract from or inhibit
the plenary statutory power conferred on the Executive
Council by the NLSI Act
d In any event Bye-Law 1533 relied upon by the
Petitioners does not have the effect as claimed by them
The said Bye-Law merely requires members in order to
eligible for membership to the society to adopt CLAT as a
mode of admission When read keeping in mind its object
and purpose the said Bye-Law cannot be construed to
require any member of the Consortium to admit students
only through CLAT even if the CLAT is not held ie the
Bye-Laws can never require a member to not admit
students at aiL
e In fact the Consortium itself has not understood or
implemented the Bye-Laws in this manner as is apparent
from the fact that all the NLUs are admitting students into
various programmes carried out by them (other than BA
LLB and LLM programmes) throughout without reference
to CLAT Therefore it is clear that all admissions to the
3National Law Universities are not on the basis of the CLAT
exam Therefore the contention that Clause 1533 of the
Bye-Laws compulsorily requires admissions to be based on
the CLAT is untenable and without basis
f Even assuming without admitting that the Bye-Laws have
the contended effect the same can only be actionable at
the instance of the society or any other members
Re NLAT Process
61 NLSIU as demonstrated above has the right to conduct its own
admission process in terms of its own statute In exercising this
right NLSIU has taken immense efforts and steps to ensure that
the test is lawful and also fair and reasonable
62 In the first instance the NLAT 2020 meets the triple test ie it
must be fair transparent and non-exploitative The NLAT 2020 is
fair insofar as it ensures an examination process that is
intellectually rigorous and meets the standards of integrity in order
to suitably judge the merit of ali candidates The selection of
candidates is based solely on their scores in the entrance exam
It has also been designed and implemented in a transparent
3) manner The examination is transparent as details thereof as
also the reasons therefore have been set out in detail through the
impugned notification NLAT 2020 is also implemented in a non-
exploitative manner by limiting the application fee for the test to
just RS150- for general candidates and Rs125- for SC and ST
candidates in order to ensure that students are not put to financial
burden due to the NLAT Further since the exam is an online
home-based examination students do not need to physically go
to an additional test centre
63 Apart from the same the authorities have also taken various
measures to ensure (a) accessibility and (b) prevent malpractices
These include
g NLSIU significantly relaxed the technological requirements
for candidates allowing them to take the examination with
minimal internet speeds and using a wide variety of
devices including Android smart phones and tablets
NLSIU also made available as many as 33 physical test
centres across the country in order to provide access to
students lacking the necessary infrastructure to appear for
~3 NLAT 2020 from home NLSIU further ensured that
necessary health and safety protocols were rigorously
adhered to at the said physical centres
h With a view to prevent malpractices NLAT 2020 is making
use of a combination of AI-based and human proctoring
Additionally the test structure has been designed in a
manner that minimises the possibility of candidate
malpractices This includes candidates not being able to
revisit a question that they have already viewed and moved
past and the randomisation of the sequence in which
questions are displayed to candidates Furthermore the
questions for the NLA T 2020 have been drafted in a
manner that requires interpretative answers which
minimises the utility of referring to the internet or other
sources for answers Since the examination is an online
examination all relevant data (including webcam recording
sound recording keystroke information data relevant for
facial detection window switches etcetera)necessary to
detect malpractices are stored and available with NLSIU
The said data will be critically reviewed and analysed prior
to completion of the admissions process Therefore even if
any malpractice has occurred the same will not and
cannot result in a student gaining admission to NLSIU
through unfair means The Proctoring Protocol established
by NLSIU to effectively detect candidate malpractice is
annexed herewith as ANNEXURE-R-117 (Page NO
64 Pursuant to the aforesaid efforts made by NLSIU to ensure
admissions to its programmes and avoid a Zero Year and
pursuant to the Orders of this Honble Court permitting NLSIU on
11092020 to conduct NLA T 2020 a total of 23225 UG
candidates and 2846 PG candidates appeared for the
examination on 120920200f this number a total of 122 PWD
candidates appeared for NLAT 2020 True Copy of the press
release issued by NLSIU on 12092020 depicting the said facts is
annexed herewith as ANNEXURE-R-118 (Page NOD4-)
65 In order to address any concerns that may arise amongst
candidates who have taken the exam NLSIU has also
established a three-stage comprehensive redressal mechanism
comprised of
i Technical Review Committee This Committee is
constituted to consider queries raised by candidates
regarding any technical difficulties in the NLAT 2020which
could be raised online within the web portal itself The
Technical Review Committee consists of Dr Sony
Pellissery Dr Kaushik Babu and Ms Apoorva Gupta
j Objections Committee This Committee is set up to
consider objections submitted by candidates in response to
the Answer Key for NLAT 2020 The Universitys
Objections Committee comprises Prof (Dr) Sarasu Esther
Thomas Prof (Dr) Mrinal Satish Prof (Dr) Arul Mani and
Assistant Prof (Dr) Bipin Sony The Objections Committee
will release the Final Answer Key on 14th September 2020
k Grievance Committee This Committee is constituted to
address any grievance raised by candidates who appeared
for NLAT 2020 following the announcement of results It
comprises Honble Justice Nag Mohan Oas Prof Babu
Mathew and Prof (Dr) Sarasu Esther Thomas
66 A small number of candidates made submissions to the Technical
Review Committee that they had faced technical difficulties during
the exam In order to eliminate any apprehensions of these
candidates that technical issues would affect their outcome
NLSIU has offered them an additional slot on 14092020 to take
the examination subject to stringent conditions to ensure integrity
of the examination All measures to avoid malpractice are
implemented in respect of this additional slot as well
67 The fate of these students is now entirely dependent on the
admissions processes being completed as per the aforesaid
schedule and commencement of the academic year on
18092020 Unless the same is done NLSIU will be constrained
to declare a Zero Year Consequently not only will 120 students
lose the opportunity to join their studies at NLSIU (or at the very
least lose one year in order to apply again next year) but the
same will also impact admissions in all other NLUs since - as the
first preference law school for most - the Zero Year at NLSIU will
have a cascading effect on all admissions to all NLUs
68 Hence there is no legal or equitable bar to conducting the NLAT
2020
69 It is submitted in this context that NLSIUs inability to complete
admissions will irretrievably damage the University and result in
significant impact on not only its finances but also the public
perception of the university Moreover the same will have a
cascading effect on the effectiveness of NLSIUs academic
programme and result in loss of an entire batch of graduating
lawyers in five years time All of these adverse consequences
will impact NLSIUs standing in the legal education sector
70 Hence it would be in the interests of justice and equity that
NLSIU be permitted to release the examination results of NLAT
2020 and complete its admissions so as to commence the
academic programme in a timely manner and as per its revised
academic calendar
It is therefore submitted that the present Writ Petition may be
dismissed with exemplary costs
I
DEfi~tifiNtTi~ VERIFICATION
p~) 8atl N-lti 20t 14301 Verified at Bengaluru on this 14- th day of September 202~th~fthe
contents of above counter affidavit are true and correct to my knowledge
and belief based on records maintained by Respondent No1 in the usual
course and nothing material has been concealed therein
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takn (s p~c
tbr SXG (u t i v~middot
ttlC cxpcrts ob j ect i JC
thmiddot- CCCfU st l-cfessor i3axi
(cr tJ~=- tTFltty of filisino tJ1(~ 1i_st W$ l~~ft to thc rc-r~--it lt ---~()un~il -gtn~ tr2lt ~j r-ctcr~ rb SouDcil not0d tb~--- f03-mt of 1lrpissicp gt1 pcovidoc t~B~H~~~istre And Cf) Dvrivlt~di of E~~- s tinl-t) lJnivccsity middot13 trc in~t~nCl of Professor L- 8lt=1)()
(J)
p~-nncnt 8cmiddot~ordinqJ y (f ~~ 2 f ano ~ 1 ~--t ~ ~_
F)utr0riS2d t(0 DIJTctoy to gtJrit( ~--~n~irjJ tb~-
or cr-j r cGrtrjb~tt on 0r cxpcnslts invGI vLd in ocqgtnisinq c~h t0St tnd intevicTl
nmiddot tc)u11cil porovmiddotd d t middotlllotmDt of 0D ~n~ount not )(_lt0inc rl~ 1~O)CltgtOO Ih Council tllI~U-_~ d~-ci t~t th~~
2~11i[~lon to th~ Is y~r LLS C2S~ b2 limited to 80 slu~~nts - n 4J[ Ll ~~7 ~J~~r thmiddot (-r3Fis~ion b ] imid tc l(i stud1tSb The -p- 1ic3tj()r f~( for ~drission test ~nd intrvi---d r0Y b~ fixed -1 12-~OO for LL~ ~~I thoc-n it Ty bE- CJhlCSC La fs SO- ir t1~middot c~s~ ~f sc~~ C~n~i~~t~s~
It middotr- -~ r_-j Limiddotj middott b i r~q rS iqc~t i~l jni 1 s i tyf the lt )O~ v11J --v~ c__ ~rrnc ~ ccc~r---oqti(jn f)r th~ cut st~li()n Bt(1(J1~
~ 1 c_ a [0- Adrnissiona The Executive Council wAntc~ tn2 ist~r
tmiddotmiddot c-)n Lor tyenit~ tYk (Jv-~nrrnt 5 (11 cS th~ oth~r ~hlcmiddot~ti()n21
In3tit~ut]~)j)S in tl-k City itcludino thmiddot Universit1 laquobout tts ivlil ~bility otmiddot tl hos~(] gtcccTirDodtlon for th~ - [cw Schrol students ( 6( i-1D1 2n ~tllmiddotlp ) hrJ~rQpri~dE propos2- in is r~q--gtld ITfIyor
b put Ul di t1i tr-middot ] of t~-~ lCrld-~lic Council in the next rnz-~~~tinG T)- ~chc)CJl CBTl _~ls() cODsicfr tIl tt=rn of Ii pqrcv~-d h-usinq eS 2xisting in Sngli linivrsiti~s till sue] tirJ th c~cl)()l c-~n sst --rp ios O1r1 hostels
ubI ICilt ion
~l~~ ~~z-cutiv_ Courcil appr0ci-3ts-c the 2sturc of th~ 30r C0uncil of 1rri1 TrusL- to 9ubJish th2 prE~-lCiv bO)KS under the joint Fu$~)ic~~s of th~ =crvol qrO tbe lrust It v2nted the Irust t) cOYsicic- 1-h7 fCC~13ibilily of publishing I~DI IllR REVLSl also jointly witmiddot~ th~ L2W Sc~~al
E1f-rts 2)-~ bCin-l rrd(- t) SCCllC_
priv~t buil-linqs fi l~t)_ f~r
bing use as h~st Is A s2p~ratE nt8 has teen this b2fn~2 th2 bx~cutive Craquouncil
icti)n ltJi11 b( taken cfte th Fecultl middot3SSlUnes chlttrgc~
~
HHIONA1 11 SCEOOL OF INDIA AMJ(URpound ~21BfJWALORE
MLlutes of the Moeting of the AOpoundlcenio Councjl of the N ional 1(lI[ School of India held at tho office of the Bar Counoil of Ina New Delhi on 12th Doccnoor 1987 at 10-00 Mil
Tho folloWL-1g nenbero were pres SJnt --
1 Shri VC iVIishra 2 Dr S K Bhatnag~ 3 Dr NR Madhvt Monon
Dr K PonnUSWQl1Y1 Deln Faculty of Lnw Delhi 1Jnivors ity
ltt eo the CGGt ing1S S pee Invitee
Dr H R )~8i1hlt)va Menon presideo over tbo iYg
Dr Menon welCOfled the DeDbers of the newly c A l1stituted
Ac e71ic Council aYlO acqunint13d then with tne a~cisiorls Jf
tLe carlier neGtings of the Acadenic Council prior to tbe
estclblisroent of tl1e Sohool under the Act After cotliled
d1souslJions on th baeis cmiddotf the Agenda notes ciroulted e8rliel
the following decisions were t1ldeshy
1 COurses of Stuoy ~~ ~ -shy ~~-------shy
1ts ionnl
COUlSOS of Study lellc1ing tl the following degrcesshy
(lJ) 1m integrnted 5-ycar LLB (Hons) L11 viev of fC1 t118t q gret dell of Soc111 Snce knowlerge vrill be inrrtcd curing tbe 5-yrhr c)trrI3C 1118 Acad eni c CDUYl oil rcc~-)nentied tl1 -ct ~ conpos)(d~-shydegree of BA (me LLB H0ns be cQrferr(l t) the students joiniLg the Nqtimll Lw Solle)l of Inilin
(b) An LLM oogrGe which shall 0xt0tc1 -( )~)C yerr (3- lrincstns)
(c) Ln M Phil (1grae of Que yecr (3~dn0sters) durfti--n c~nstitllting of t8ohing ~nd resc8rcll
(a) 1m LLD progr12ne b(]sed n writtlt5n tlesls fterrJ Phil
Bes os the above cGgroG courseo tho AcCdedc Oouncil
reco---ampnds thmiddott 11 series )f CcntiYLuing Eauc~~i n POt1lS(S Cln
sl)rt aurticl be offerGi by the Nti0n1 Lw Scbmiddot]ofIneia
to levr tGcac~8rs ju(~iot1 Dffioers t aoninistr f)X3 Pltr~
contd 2
2
II BA LLB (Hems) Progr(lme-- -~- -shy
rhe j~cBdcGic COUTIcil rocsrinonos th~t TIl t
ysr only 50 students bo 1(lTdtted t~ the LL3
Irhey r1ny be 8818 ctea ~
purely cn cerit on the b2sis ~f n ~( 8f~ i0n test cncucted at fQur difforent TO (1uring My- 1988 Tho nininlJr eligibility liDS iJn t) S be fbcd t 50 Trks lL 10 + 2 Sc1~oDl 8X2nintiC I tho Pre-University Progrrne progrlrro be trol1ted cs equivlent t 10 + 2 S ooo oxampt Those students Whfi 1rcd f8r the quelify ing exmin 1t Len in 1982 bo leo lloweo to t ke the MirisGim 01 Cl provision~l b~siB ~d they n~v be 018 ii while preprL1 g the rmiddotjerit List provmiddot1Ced middot~V8 psseC t~ie Sqid eX811in~ti8n with 50u t11rkS 6 llC1ts8icn Test be h~seil on en objeotivo typo fluesmiddotlims 1116
fthe tost n~v be fox Hurtirrn of 0 ~~Xmiddot thrn 2 hours middotr11G test crln tnclu~() [ini rw~ bel of qUGstiCTls 7~middotlicb rO(lutres viritten 2J1GlJDrE t J(lniss i)ll t8 the L~~Vl SchoCl bb bnsc(l ~n1y on t~) b +li) ~)f tl-c yritton Aanissian Test
15 of the sets be roserVGc1 pound1 1 (0 ~1 ClfJtcs 1nd 7i- Schedulefl Tribes eVC1 for tl16 reserved Seqt8~ tLe reU1LUd i1nrks ot thc qll)lifying exmination ~Gd upor
er to be eligible for t1-u c2naid-te lilvC sccured 50 DtrkS 3 i11 tes t
tlpplic-blc ven f0r rODDYV 3 s ~ -ts ~
T~~e JC1nis3ion Test 1~Y be 11811 I6gj 8TIf1
8118 it is rec)~rQcc16C b- lccld
I nr nn~ TIn AP n ~ ~t Bng8 t lJYL~J r JL ~)
~ m I n er t 0 olt-nlse AlmiddotZllS810n icsmiddotun pror)-lo tl~e qUGsti8n pSpors frtrlurto tho Gr~~~G ren(1 f inJ1ise
sien List an i~dnission C 0 C)US1OGshyr the Director 0n trec tS8Cgt 1f tlt L_w be C0Dstitutcc by t-~G ecmiddott~)r
ccn1 td __ ~ 3
It is proposed thlt the last dte for reoeipt of lpplic8tions be fixed for 2nd My 1988 1-8 Ldnission Test noy be orgcmised on 29th May 1988 ndtho Selection List Jllnounced by 15th June 1988 Phe dDissim Day be 0)[1p1eted by 25th June [ltnO the cllsses be oODnenoed fron 1st July 1988
A suitable snount IJjly be fixed for the ppliotion forn 2nd the Adnis sion Test Fee
(b) AOlldenic Terns
Ecb Acadenio year be divided into 3 1Ogt1(Iio terns e 2Cb with a uininun of 70 working days -fis 8cadenic tern be called a Triuester Thus the 5-y8fr BA LLB (Hons) Pr ogrmne will hve 15 TrilGsters It is suggested thAt the J~caoenic year nay bgin frclTl 1st July and the caderlic ter12S uay aoopt tho folloWLl1r Patternshy
i) FIRST TRIMESTER - July 1st to Septemiddotbor 30 ii) SECOND TRIMESTER --- October 15 to JAllury15
iii) THIRD TRIMESTER _Jnuary 30 to April 30 (c) Oourses and their distribution
Eaoh Trinester nay carry not nore thM 4 courses with a totp~ of 12 credits distributed Ro00tdine to the inpOrtance and coverlge of the courses Jhe subjects courses fer study for the 15 Trinesters be 2S follows
~_~T TRIME3J1ER (FIRST YEAR)
11 Leg~l Professicn in Indian Society 3 or 12 Legal Method and M~terialS 2 cr 13 Law 8l1d Politicl Orgqnization 3 cr 14 LaW and MJrket Econoy 4 cr
SECOND TRIMESTER ---~----~--~-~ 25 Law in Historicl1 Developnent 3 cr 26 Responsibility for Injurious Conduct 3 cr 27 Lqw end Socil Orgemizotion 3 cr 28 Law c~d Agricultural Deve10pnent 3 cr
THIRD THIMESTER ---~---~--
31 L2W 8nd Intcrl2tion1 Relations 3 or 32 Law ~inorities mil Vc8ker scctiolS of
Society 3 cr 33 Civil amp Crininal Procedure-I (Oourt Systen) 4 cr 34 Eldctive Clinical ProgramplJJe 2 cr
C~)l ~d 4
--bullbull
4
9P~1 )2E1llEsect lER ( (13~f~~X~lE__ ~~l~~E~)_ 4 1 Hunn Rights Soci31 Jus-nice nno LSVi 4amp 2 Low 2nd S oci_~ Oontrol - CriLle and
PUllisl1DDnt 43 Civil41d Crininal ProceDure II 44Elective Clinicl Prog1flne
rUTH THIMw~ER----shy --~-- ~--~
51 Cririnal Lw~ Clini1Dlogy amp SDcb DLmse 52 LV nri 1~_ 1lJLy TI81st i0nJ3 1 53 Lqw Plnn jng 8 Ec~rnDnic DevelJcent 54 Contractu1 Rel(]tiirs an(1 RoneHes
(Spec ifjc Reliefs)
SIXTH rR IMES TER -~-----
6 1 N~n--Cririnq_l InjuriDus C~-nnuct ~ni of Torts
62 L8W (lud PYlily Reltims II 63 Law rmd Il1lustril Dcvelopnent 64 IUective Clinic Progr~nne
SEVENTN lE Ir1ES lER -~ ----~- -lt~~ -~-~--
71 L-w nnn Urb~1i1 Devel-prtEHrt 72 Politic Proc()ss il1il Cm$titutiDn~l
Devclopnent 73 Cns tit ut ionCll L_I 74 ~id8nco LAW
EICin TIi IRSScIER-~- ~----~ pl C0 np-YlY Lgw nnc1 Lrw 0f CO-ClpGrDtivos 8~2 PO0Tty LlW 83 Constituti~)nl 18W amp Litig1tiorl 84 Elective Clinic~l Pr~grgtire
r I~tTLtR]l~~ER 91 LwJ c)f Ins ur n es 92 TAx0tjDll L1w ~nd Public fiJ1rrnC C 93 In -1 Grn ~~t j n1 oer 80 e Law 94 Elective Clinic~l ProgrBLr1B
TENTH TRDillSrER (FourtL yer betdnilL ------~ - ----gt-- -~ 101 Leg~l Theory 102 Lmiddotbour LtJw 103 Mrinistr~tive Lw 104 ElectiVEl Olinicgt 1 Progrlrll1e
4 cr
3 eT ~ 3 eI 2 1
3 er 3 cr 3 cr
3 cr
3 cr
3 er gt1 cr 2 or
3 cr
CT 4 cr 3middot ex If
0 ~~
3 cr 1 Cr
c ) cr
3 cr Ac cr ~ cr 2
cr
4 cr 3 CT
cr 2 cr~
CUEto ~5
5 cr11~1 h -z cr~11~ Int~llectumiddotl
J13 lril1nl-I )1 Int rr ~ t t i1
4 CT 2 cr
l2 1 In t BI i l~ 3 cc
3 cr 12 ~3 L[JVI -nd Public C 3 cr 12( Electiyes 2 cr
13 1 Ct)r-JP1TQtivo LnN 2 eX 132 Itltlw PQverty rtlG S )c if~l Ch~ngc 3 cr~ 13 3 Lrm0 R0fcrn Liws nn0 liurnl DVG l~Yp iJrli 4 cr 134 Sctdnlir-Eloetives (to be lnnDUl1C()[1) 3 cr
~fJj1t~~~]~~ li l Public Intlt~rntrtiL~nnl Itlw-Int2TxL1L jA J
OrGn or~
112 ctiVi (jlurse 3 cr bull bull3 i1tjtiltn -f (lus ~iCi3-jt~te amp UyltLon 3 cr
l~~ ))rin -CiVeG (to he r1poundJrtiunc j 3 cr
cr bull 15~2 ~))cil bGUTity ~1rj t1~c Lq7JD cr 15~3 1rlrinstrdt)l~ II Jurrcice C ~Lre -]
til) I1IX Ili r1l ~i0 3 cr ~154 ~orlin~3 - c)iv(1S (t~) h( 11 3 cr
( middotb)V~ Bistx ibutin1 subjectB 18 t ~ii ~ middot~jYD +
Dllril1B tIl ~~r c-f cursc =-) dujc-cr be rG~rn RubstitOt0d ~r rCViL~ 1 ~lmiddot(i--middotr tD c~plctGly profJ8si~rt11 rvo i-l1 ~ Tl~l
LGndIt 10Vi utoD pnJ3S QU ~ iC)1
I 6
rhe DsdiuD 0f instruction 8l1d exaniY13tion in the lrl8h81 Law SchoDl sll111 be English ctlecst unt i1 C nctjonl lmglryeis ad opted for Rdiinistration of justice in t Scrprcne Collrt
(e) Ellpound~~tljty fDr cL~sectE~G fJ10 0x8r1tnatiDl1 sydoI1
In order tl be eligible for the dcnpostiiicc[CCC of RI LL8 (Hons) C~ch student win h~ve to t~kC C(lllXses fsX lt1 grrmd tot ~1 of 180 erea its in ) ye etXa bull
The norn)l p~ttGrn cd GX1ninntion will be ~ 1xittJTl test t the end of onc11 Trinester However in middot)middotmiddotl)ollri)le cases Intern(~di8Ge exnrJlltltion nne continuii1~ eV11utiCTl cy be ptilS cribed in different CSllrses
The exaninntion process will be entirely int Inl to bo dono by the totchors giving tho CGurSGs If sttvlcntc_
is dis-s1tisfied with the grfl(10 warded tw l bo ~11ow0fi to withdraw it in writing within 10 dWS thC11uounce-shyDG1Yt of the rosult He c~m inproVG it in t~c noxt cxninl~ tiorl ccorcing to tho rules prescriber] thcnt))
There shnll not be ~v eX8nin[til foe colloctomiddot- fr0- the stuc10xrts DClr there will be nn exaTiinaticm rcbuJJcrItirm given to the telchors
111oro shall bo an Exninutin C8Ul1ttee C0UEtjI1td by the Dircctlr for Bch ye~r with not loss th-n f t~r1ors of the NL3 by rot1tion Every tC 0 chol wj n JvLk tmiddot thG EXfninrjti~n COllJ1ittGO rt the bC[innil1g )1 Gcgt tr 1 nesteX tho Dutlme of the course ho is t0901-inr Tl1if1middot() plrm 110 j8
9~uimiddot ~1~ ev~I~t nn smiddot~avmiddot tJ c oLlrn
outline as well 18 thli 8vlurti)n scteDc will JI) )110 Rv8t18ble t) tl1C students st the bcgLl1nlng ~f t Prif1GstoT itsulf Cor1plnints regllIdingthe eV(ll11n-Gion [111 he sont ~() the EXfC11mntion CO[]littoG wllich will n~ko JuH~l() rliCClr1iJOnBtions on it withjn 1 fntnjght to t~) J)jrcctJr whose d(~cis ion there)n shql1 be finJl~ The )iX(ctD1 lOW()VOl-
wtl1 roport to the AC1dcrJjc Council Meottnc rcorrJ qf flU(h conp1nintg qno tict icn -Clken t~GreDn
~~ t 4n a Lvfl~r -1 U(ltVA-lJ Aiv uu OJ v p~rf~rr1 bull 1 Jl ~ middot1 I t ~ti
The evall1at bn systcn in tho N1S senll bet nm(h gTrc10S
in a Seven-point scole which will be IS f0110W~~-~
bull bullbull bull bullbull bull bullbull bull bull bull
(4~(ii
( iii) (iV~(v
(vi) (vii)
(f)
( )
7
outstanding (0) 70 und ~OVG A + bull bullbull bull bullbull 65 to 7 I A bull bullbull bull bullbull 60 to 65 B+ bull bullbull bullbullbull 55 to 60 B bull bullbull bull bullbull 50 to 55 C+ 40 to 50 c Below 4(~
~
In order to be declered successful in my course a student will h~ve to secure ~ny of the-ffr~t fiveshygrades Above given Those who re p1r-ced in C+ no C c1tegories will be accued to h1ve if-liled in eu oourses
Pronotion Rules
ProDotion iron 1st Tirlester to second Iriafster rome fra 2nd Trinester to third Trirlester will bG utotio irrespective of the rsults in the vnriou8 lxnoml1tion However pror1otions to the Fourth Tritlester 81111 be only to those who h~ve suooessfully aloorod rctlelst ten out of the 12 Cl)urses in the earlier three Trirlesters If a student has fdled in three or nore courses in the first three Trinesters tAken together he slnll be aaimed to have disqualified tQcontinue lS q stunent of the NIB In t1e case of those who cleared ten courltes out of the twelve they lJlY ltlpear in the renaining two oourses AS
Ex-students while continuing as ~ regu13r student in the seoond yeer
Sirilarly student DBY be autooatiolly proDoted frcrl the fourth to the 5th mn 5th to 6th doritlg tho second yenr His proDotion to the third year 1 e to tH 7th Trinester shlttll be only if hl sucoessfully olellrs a llinLlUn of 20 COlrses
The sane Patterns will be followed for pronotion fron the second year to the third year lnd fro tlirCi ye-r to the fourth year ffilO iron fourth yOll to the fifth year
N~ stUdent will be 1l11owed to avoid tlking ~nY eXlrdnashytlon on the conpletion of the courses excepting for reascnable cause for which prior perniss ion Dhou1d be secured fron the Dire~t or Further no S Gu(cmt will be eligible to take qn exanintion in 11 iltivcn course un1ess be has to th0 SAtisfaction of the teolnr cmcerned fulfilled the courSe reouirenents mrl hns sGcureo not less th pn 70 8ttend 9nce in the class in Sid CD tJrs e bull
cnntlt1 bullbullbull + 8
8
(g) TaOh 1~n~g Meh~il~ v ~s
The Nationnl Lqw Schecl VDS onplQyod vricrl tu~ch Dt3thods in ord er to pronoteIlLllt 1-4 iq oipltn~rT Cl1nll
~n1-nT qCt JDpreClalJ10n+ Jf 1ens0 B~s- ir~est lea1 prOD let~re~~ t1e ~cnool stall Grlplny SeninnLS tuitC)r ClmLCampL experlences Field work resealo1 (tTld Leg8lwriting Ill Ilppropri~te C~Urs0s cQopltlQt tve te~tctLY)g between teaohers 81 oliI erent S Db ~-C 8tS tr) be enployea to [11xinisG of the learning POt l-tj~_l tf) st udent
Clinic31 LeR_ql Eno(tt1011 r1~Rt f~rn ( Tl3ltgt rr- T~r 8pound p 8ssiual leglt1 eCuc9tin 8t t1G 1-~i2T ~l La SC1ClCl ACBdonic C~)uncil Te G nicnl O1 UC l shy
ti011 the first Cif the LLB 8 DL1e C0c credit nay given to fh2 t]J-tlng S un ts LYl clini courses
(h) Fee Structure
The tuittOXl fe8 fDr the LIB pTDgrrne co yelr nlY be iixeo Rs 1500- which ~oY be cCillsetccl tn 3 equ 21 inst Cllnents 8t the begilli1 ing riccstcr If foe is nct oepositBr1 within a week beg-inn elf the Trirl0Jster it l1qy collector 1qtemiddot fee RG 1- pcr (1 1] till tbe enfl ltIf 20 warkin c ~ys bull () Wgt8 ftleo to P~y iEHS vrjthin the prescri1o~ p2rio rl llte fco tffh)jr TI0T108 11f1Y be struck off f~~lt)~ t118 r~)118 They c nn be X-rv)nittc(1 on J)1ynlnt of rc- jSG ion ~ e Df Rs~ 100- an(l -l lt f1CtOTy r)pD1i ~)f ~TO$reSS ir~D H1Y teRche1 of tlte F~culty
t~J first tel p c SL1r ~~Tlcr Sl- jVLtiES
In 8rcler- to fttr~ct Deitorious stufients frD~1 te s ~ciJ-c~)nonic strJtl nf sc iety it is ~bs )lutlt)lr l1dC8SSry- for the NLS tn ioe AS ol-rships TIC sttpenos coS jJossible It ill bc to 1e 50 of the stu(Jents bS(y enjoy such S Every effort s])uld be e to seclJre S1JO~ OCOll~)Dic
L1dUC~rlents fJl prorlnting sctQ12Iship t tIle 18ss plivilegeo sections of SOci0ty
The 118 stuoents niW be provider Solmiddotn ip8 of the vlue of bull 500- q nonth 10 bull The S cho10lships rlry be lwcorfi ef m the bls report
~ 9
pound Sc~olr81ip CD~~I1ittee t be c~nstitutoz~ the DirGct81 with r~nbi3rs~ip tl1re~3 or )rt tmiddot -chers NIJ~ TttG SchclsrDhip Co~ittGe 11 pound2-8 i-ts cvn rules r-ne procedur0s wticl I11Y bG ~prJv~r1 y tl)8 Direct 01 ~he awnrd be given b~s ic11y on tcnderic ileIit)f c1Ylcliote H~vevert ec)noYic s-tus anc the s~lcil bickgrund of trL8 c~ndid3tes f~ ~-) be thore lnt cJns iCaTIt iens
Besides Sc)-lrsbips in deserving C1SeS eX(mpti0n fron Paycent of tllitinn fee lay Iso be grn-teooll tHl rsshycl~lt)end~tions of the Scilolrship OOle1ittee
(j) StlJdents nosidcmco
Tho ACCtcl r3r1ic Council strongly lccor1nenos t tle Jfutimiddotnnl Law SchODl be kapt purely ~s P J(8idcnti~ll University vvherein 11 the students bo r-uJrec t) s t y LD tle Hnlls 8pound- res io ellce provia r fpploven by the University Of course for suuconts bo1onging to Bmg-lori-i City the University nv ()xonption 1IOT res once in the University HDst cJ1siflcref1 ne8oSSAry Ii the lJ fJtionl Lnw School is unble to prov-ide it3 own hostel f8cilities it1~0dimiddott Jly it ~8y npprove such t-cc)fr801ti0n in th0 city ~A~iic s isfies tho reqllirenltmts 8pound thll resiltiontiql ckrc~or of tle University for purposes of stuDcnts 1 reBi(~ence~
~h~l1gh tr~c ClCC0Cl00ation nayhavo to be subsidised by the Universitv tho bJQrrlLvu ChQrg0s will -V( t~ bo cntirely D-GC by tho stuDentmiddot- ~Jihe bQa~ing c1nrccs DY incluo8 the sal(l~y of ossentbl stgtff Dainilined in thG Hostol by tl UniverJity+
(k) IXOlmU Clf stu r1ents md te~chers ~-~------- -------shyTho ]ITti~nl Law 8011001 ny initirte steps to nrrmge for 2xchnnge stuc-ents liId tS p c1exs witll other reputed Lltfl Schools within I n (l i3 ftnd outs ice FClr purpDse if stu0Gnts ~re inviued t8 ~nother L~m Scl001 0n~ un(lort ~ko courses )cQ()rding tJ their regQl~Girns they nay be given due credit witr tho ourriculllJ1 prescribec nt the [rIB
l18sters vrt th three courses in olt~c TrtDesterbull
nay be selc cted by the ~dniss i011 CHl1it-tee
10
on t1t bosis Df their PDSt QC80enic ltJc8rd pnrticllrly
~t the LLB level The Adoissicn CGr--ritteo C8Y J~S0S8 their
l1ptituce for higher studies -nr r~se~rch in l~uf en1 tl-Je
suitQble reoolrJenc ions for their ~cT1ission C(1~ljssi0n
Gay bo done thr8ugr~ nmiddotn int crvievi bes ides ~BS08G~nt )n
d8cuttentary Dtteri8ls
subject ELrODS of crtst utimiddotnrl lZV1 crif1i-nl J~w irct-)rnltti)n~L
11l 8110 corDerci(11 Inw The tctu-11 subjocts rgtf tl~o CQLl1~3e
in ~ny of these subject ~rE38 DfY 0 decioc r1 nt ~c giCl1jTIe 0301 lGnT ty the Fcculty CiDCGrner1
The conpulsary c)urS8S f0r LLM shll ~S fo 11oyts
TC)oing Llothoos ond Curriculqr 0(veloprcnt
In0i8ll LeGal JhilQSDphy (n~ Conter~110r)TT J ~Jheory
(iii) Constilutinn Writ
(v)
Tile zistributi0Tl of the 12 cDUrSGS i1 TOG
TrJi03tcrs fer bullbullbull 1 fly be
rs fl1owsshy
11 Ee ~cl1ing IllethQ0s and Curiculur~ Dove l~l)middotont 4 cr 1 iI 2 In~ itn Leel ~Plilos ophy ~J1fi C~ntcnJor
I CY[hcory 13 Course OD subject sr09 - optian 4 cr
SECOl~D THIMESTER--------------_-~-~shy4 era21 Ecsecrch TlIetr6~ology ltmil Leg11 writing
22 Constitutionl Lw We HlUlDl Rights Jurispru(1 ence cr
2) Course nn subject oreq - option cr
THIRD TEIIV[ESTEn ~----------- t cr ~Lnw Society emf DevGlopncmt~
4 eX 1shySeT innr Y select tOPlC - opv1on Ii crCDurse on r~ SUbjlt3ct (1971 - optiQn
51 i 11 shy
The eXElDjnat ion p ttnn for LLM will 1leo be the
S8L1G nB suggest for LLB H)wever besides ilt8rnnl
eXlDi1()r for every COl1rse in LLM there sholl be TXl external
8x~lCliner as we il bull The questions however shell be s only
by the intermll eXEnL1er If the difference in vlurtiim
between the i1t ernat exariner auf the external Cx~in()r in fl given COUXS3 is less thtil 207~ then it vi11 be 000tl00 th8t the
aaes assignod by the intornnl exaniner shall bJ iTJ gra0e
tD be assignee to thD candioRte However if t rG is D oiffercnce
nore th2~ 20 between the intrnal md exti3rucJ ll1 given
c)urso it 8rlt-11 be referred to a third exrn1inc~r outsiclo tre
National Law School whose evlultim shl11 be Il~e score to be
assigned to the candidate on thHt subject
Tuition fee for tho LLM progrlrlrJc be fixo(l 01 TIs 1500shy
for tho full course at the b oginn ing elf Cqch Trinestor
nr M Phil Progra3o--------shy
rho M Phil progrrU18 is to bo for one you c)xiending
to 3 rrinGsters It ShBll be exclusively cons istlt)d of research
8110 tolching Every stunent Ilonitted tel the M Phil rrofr~rle
stHII have LLM clegree and will fulfill the te1cing rnc
r8SCQrcJl reguirODonts prosoribed by the FFculty tIle HIS
In order to be eligible for M Phil degree besiaes
c)nrlCt ing the teSlching 4nd research req uirenentJ during the
yoar eV8JI cnndidst0 Dust sUJnit the rlBsert~tion gt11 - t~)pic
~Dpr0ved by tle f8cu1tY Ihe desert~tion Sh~11 be 8tC]ine(1
by two extern8l CXfniYlers suggosted by the foculty n( nppr0ved
by the jcdenic Council The degroe shall be confarod to
such of those cllldidtlt3s who roceivo varible rerts on the
desert ot ion fron beth the eXAniners If there is c ifferenoe
of opinion oo1Clngst then it sb011 be referred to D 31d eX8iner
Ind thG oecisicm of the [Jajority 8h[11 be finnI
con-cl 12
12
For the 1 Phil prcgrne nJ tuitbn bo csllected
HClwever a SU of TIs 1000- be csllectof yvcry ftllint
DJlnittecl t~ the ]1 bull Pbil progrlne townr18 lJc1 ion nd ftilitios
thl School
v
in vvhich it CJY c8nfer )n LL(gtD (jegroc~ lhe 11) 1)
0xc1us ively on ttJ b(lsis of C written thee t J
whJ hel9 M Phil degree fron the National L8W Sccol
Every C8l1dieJatG registGrine f)1 the 1L]) PozrrIJ18 be
required to be Ll residence at the Nstioncl L2W Sc1icJOl fJr
qtlesst ono (lOaOoOic year durLlg vihicb they SIh 1 cng in
S l)ch tCaching nne reseerch t)S SSS ignc(l to tbG1J 11 J DirectDr
If tho Un i versi ty
five
iiifferJnt nrtogorics 8pound t02chcJS~
(c) cift[S )rs
(bi l)ss~ci-to Jrlf~sscrs
(c) Jissist-nt Ij~0fcsZLrs
(f) l(J junct Profess Irs
(0) Ron
All the qbove professors ssocilte pTC)Csorp nt1
Assistsnt prOiOS30rS sh11 be r8gu1lX teocDaXs nf 11 ficl001
oC1wing the revised scnles of py pT)scribCHl by t1 ~Jnjvcrsity
Grnts COiJr~jssiol1 Tho sC11c prascribef by the UC bull -Yl(1
lt1Plroveil by the clenic Cc)IJl1cil fC)r the v1riupound m it ions
810 tS jvon bolow~-
p~ y structurc (f dj~ffcrent ote~gnr ics Df t()ichG)~8 Nt Law S chol of In1l ~ fin ~VijrS ity
13
1 Prcfessors Rs 4500~150~5700-20077300 2 Associate Professors Rs 3700-125-4700-16Q-5300 3 ABott Professors Rs 2200-75-2800-400-4000
4 AssttProfessor(SrSoale)Rs 3000-100-3500-125-5000 5 Adjunct Professor Rs 1000 PM (conso lir~ted)
6 Hony Professor TADA for visits 8ocOr~tng to rules
Besides pay te1chcrs will be entitled to Dqrness allowmlce as prescribefl fron tine to tiw by the Cmtral Governnent me onnroven by the ~xecutive Council Further they arc entitled to Contributory Provi(lent Fund and Gr0tuity blnefits 9Jl 0(c1red noer tho rules If they lrC not proviied with nocol1Liodqtinn teqchers will orqw Hnuse Rent qllownoe 213 preScribe by the Central Govern1ent for E class Cities If acco=odation is proviCled by the School 10 of sillary will be deducted towBroS house rent
Out of the above scales the Selectinn COLl2ittee will hayti the freei 00 to reconnend enh8l1ced salary tn tlose cons idered
olrtstrmdingwho nrc selected for Ilppointnsnt to (t TIB
In the initi-l stages it is rscrnnendod lt (11
apPoixltlJents of tecchers in the ~IB includingthe reulr
teachers be on 0 cAntrBct bQsis for a period extendL~g upto
3 yeajls The iccdenic Council has npproved the tsr-s of
oJ1trwt cont incd in the nodel clntrct enclosed ith these
nL1utes as Appendix
To begin with the Acaocric Council )greos wimiddotth the
earlier deoisions to have five professors five oSfjocinte
Professo2s lnd three Assistcnt professors to be BPIointed
forthwith However these pOSitions n~y he filIon only if
des erving 0 1nd idates are IlVliLlble for appointent
The io(deric Council h8S noted thgt (l(1vJXltt e~ents
for filling these posts have alranoy been given n(1 18rge
nunber of applications fllWe teen received in r(lSpo1S8 to the
ltcvertiserlent In this connectim the Acafle-1ic Cnunoi1
strnngly reooL1Lends thqt so f1r s the pOSitions of profess oxshy
s1 c(gtnccrne0 the Sollct iCon COT1Jittee 1PtY be rC0UGstcc
t) cons ider ouinont lqw teaohers in the OClunt ryr
hlv cpplied in responstl to the qtvertisonent 1nC rocoDime
Hl cl~ perD(gtnS WhOI the NIS Gqy L1vite suitltJole trns this
c)ntd 14
14 54shy
is necessqry in oreer tc enable the NIS to hcrye c CClre
fsculty of eninent aOndeDics to develop the ~c~~vit of
tne school during its infPLCY
111 teachers c11e(1 for interview ncW be pei(l one-
way 1st Clss train fnro fron their p1ltJce of rosiccl1CO to the pleo 0f inter-view It is s ugf~csteij tht if nccGssry the
interview nay be helo at BmgclClre ino Delhi
nininise expond iture enCl will be he Ipful t the c middotmiddotncl ia middotto
~re teachers in v8rious Universities
All regulnr teachers appainte(l L1 the
provided living icco=odticn by the School n cess ry the School Dy t~ke flats on lease fnd provife it t) tbe
teachers fron whon the rent aocording to the Rules by be cOllected
of persons ny Is 0 be incluiled in fncvIty
(8) Adjunot professors
In view the need for teflcl1ing Soc Sci(mce
subjects in the intogrlted Iw cllrriculun it is noces11ry
to hrvG Social Science te3chrs 8ss0ci8teo pitll middot~~O iculty)
Sinoe it ny not be neoeSS1ry t l1lve then 8S
atleast in the ~innLllf the JuJ10elic Oouncil rCCmiddotmiddotGnts crefltj CD
nf four P01t tine Itc1junct prQfCSSClrs in the BubjioC ec~nJlicsy
Sociology Hjstory nn English They nay be flPP[)ill ( fT(r
servine or ret ired teachers of City c~llegBs in 13 1010
They coy provided 8 nonthly honorariu[I cf lis 1000- ~nO
tbeir ClPpoL1ttlGnt be for one yesr renevcble t of the Director A 10CBl Selectim OOlJnittee
by the Director in orOOl t C loleet the Ad junot T-f mS0rs bull
oontfl
55
It is neceSSary for the NIB to Bssochte Sr nc1vooates
md eninent jurists in the teaohing md researoh progx2cDcs
sf the school The Acadenic COllncil tberaiore ncolmends
that a Panel of distinguished lawyers and jurists be invited
to join school as Hon~ professors They nay be invited
for a tern of 3 yeArs dur which they shall sJond stleast
one Llonth d lrring the year in tead1ing pJ)d rcserrclt the
School When they visit the School for teaching nd resenrch
the Hon professors DlY be given the neoessary hospitlity
ana wherover ne cess xy TL 1ccoriiingly
The icadenic Council hls ~greea to t~lo sUB~oJtion of
the Director of inviting the following sigh pltlsms S Han
prOfBSS ors
(1) Shri KK Venugopal
(2) Dr LM Singhvi
un 3h1i Soli J SOXabjee
(4) 3hri Fali S N prin31
(5) Mr Justice PN Bh~gw~ti (6) Mr Justice VR Krishna lyer
(7) Mr RaJethr1alani
-lte) Mil-bull P~ ltJ-UYrftFl~
(c) Research Associates
Tho AcacsLlic Council feels thlt 8tleast fo e yegr
or two the flculty nay have to be given sonc rcs
support for preparation of telching notltsriaLs lud coordinating
the teaching progrnnns 101 this purpose the cric Council
reCJIlGenoS the appoictuent of two Research LS80qi GS who aremiddot
quolified with an LLM degree They nay be seleol 1)y the
Directox and nay be paid a cmso1idlteo sun of Rs 1200shyper nonth for one year
(0) Panel of Experts
The Aoadecic Council recolJr1ends the following 15
nanos to be included in the PAllel af experts I)r b8
contmiddot~l bullbullbull 16
16
invited to the Selectim Connittee for Faculty p0sitiol1S in the NIB
Ponel of Experts f( the Selection 0011nitte08 to be cmstitutec fr Fou1ty seleotion in the Nntionol Lw School----__--__-------- shy1 Dr S K Agraweln Vice Cn1ncellor l~gra Univ)rsimiddot~y lgrn 2 Dr GS Shrna Ex-Deem FlCultyof Lw J~iPllr
3 t Dr (Mrs) licG Jacob Director InAiBn Law I1stitutc1 1r1Jlr2i
4 Dr 1arlt3 Divrom Ex-DeFm Faculty of Llw Chm(~ isrl1
5 Dr Sp Sharna Dean Fqcu1t)r of Lw KCluh-s)otr University
6 Dr S P SRthe PrincipAl ILS LRtV Cjl10go~ une
7 Dr KB Rohtgi Professor of Law Delhi Univcrity
reGen Uni
9 Prof GV Ajjappa Derm F1culty of Llw Krnt-kf University Dharwar
10 Dr Upendra Baxi Professor of LOlW De1hi Unjv0rsi-y
11 Dr SN Shukla Ex-Den FClllty of 111 Lll211obnc 1Jnlversity
12 Dr RK ~i[ishr3 DerI11 F8Clllty of Low Bmcr-e ~jn(11J Universi ty
13 Dr Misheh1l1-Hss~m F8culty of L Aligrh Nuslir University
14 Dr KD G~llr Dean F~culty-yY f( c Ij vfk Y h - 41
(1) Leg~l Services Clilic
services clinic in the NIB forthwith It is eas n~ t8 pive
the nocess~ry support to the clinic81 e(~ucpti)n progrr1rroeuros
of the SchooL A Fgt1Clllty Conittee tiny be cDnstiiutcil by tre
DirGctor for the purpClse which D develop the ll TOS
to be irstituted Bn9 the pBrticip1ti~n of stu(1miu 10 be
decidsd in then In order to orgnise the clinic the
first instrgtncea sun of Rs 10000- DlY be provjelt by the
NIB It is expecteil that the Clinic will lterm s uppcrted
by the St~te Legl Aid BOlrd 9Ud the Centrl LGg~l services
1luthorities
for the orglliz~tiCn nd fuuctL)rJing of the Lug
Clinics
17
(D) Continuing Educat ion Courses
In order to n~ke the best use of the rusources of the
NIB for the coonunitY3nd to nke its progrrulD0s 80eie11y-an~ proiess ionally useful it is suggested that t~10 IrIS nay
engaije in l series of continu ing ed uc it i-n progr~tJos for
different sSllcents of the profess ion including l~w t Gpc1wrs bull
Of course these progr[]ues r1Jy be f k1anced by t10 spcJllsoring
lgene] 1l10 NIB nay provide expertise of its fcuHy no
organizational ssistlnce
In this connection a beginning nay be 1rJ]e by offering
to the Karnatltka Governnent and to the KClrnatqlm liiEh Court
for the training of its officers in the Law And Jll(icictry colrtrlents
(n) Research 1l1d Publicfltions
In order to strengthGn the teqching progJnnes of the NT tmiddot bIt t 10 bull h 1S a so U iltJy necessary 0 uave on gllne rese[ro
projects 011 various aspects of law in develpncnt rhe School
nay seek funds fron Agencies within anCi outside t~c governnent for sllPllort of its research activities
In this connection tho Lcadenic Oouncil welcQnes the oecision to publish books on Econonics Sociolo[y
History Politic~l Science end English for law stu0nts by
the NIB It is desirlble to get thase nat)lials sllit~bly
edited by the Sr Faculty of the NIB and publish i1 the nane of the NITi
Bes iaos the above public9tion the liIB sjoulrl brillg
out an Half-yearly Journal on Conterpor~ry DevolojlrJGnts in d liferent brqnches of law 1~lt rqy be celle( the Nationnl Law Review and it nay be funded by the lHS itself
(0) A Centre for 1foI1cn and nd Law
In view of the incJeasing inportBnce of HunAn stuiell
18
end support be jng offered by the Univers tvli ~ L1 G~t~gt1
CotlTlission anfl the liiinistry Of HULlrm Develoment middott le
NIB should set up a Specip1 Centro for stuCiy issuos jn trw concerning the stntu8 )f wonen 8uithle proj~cts D-1y
be developed by the Faculty nno Jppropriate lSS ist-nce
sought~ fron fUTIr1ing CenC10S A cp-lti i~-~I+~fltvUlYJ v ~~ ftl1++Ov bullbull ~~l
[jay be constituted to look lfter the developnent 0f this
Centre
(p) Institute in COLlpartive Law
The irlJ)rt~oe of c0nr~rrtiVe law studies r
scholArship ClYJC Internrtiolll relatiUs Cilntlt bil rvorshy
enDh~sizec Inview sf the rnle )f our cOl1ntry in re3i)n~1
cooperation -4l)a Internati~)n$11 ldllti0us LYl InstiCUt0 f
Conpar ~tive Lw is nost IlpprOprillte Ll the NL 2is 11
give the neoess-ry legll support to Indias posi- in
SA1RC countris rnd the TIn-81ignc-n rovenents It ~ iv rIS)
org1nise spooi~lis8f studies r0gion~11y OT cotntr~-1fise
In this regard the Acnilenic Council rccocows oi1
lt)ttention to tho study of Sooilist Leg31 Systcn icul~rly
bec~use of the ncnd to (levolop socialist JUT lSlu(lnco in
the present com --xi of Incia
(q) Libx8ry Developncnt
~in Institution like the NatirYll Law ScbCDl ~J1Dul(i
aspire to o(lvelop librnry fciljtios 6ujt1-110 tel c tGr to
its ao0(lio and researoh cgtrritnents Of course ~ wi
tke fl long tine and a suitnble p1n snoulil bo lovcloped
by tho libr1ry stf of the NIB Me luwhile the ITIS sbv16
-nmroaoh the funding I1gencies within the ccuntry ~lY 8utsi~o
for its libI eery icvolopnents
18
The Pore FOUnGRtion iu IndiR nay be nppro8ched to ssist
the librry in securing volllnes of inpelrtnnt fOIcien
legal periodic~ls and to Gnrol subscriptiDn f0I CllrJO1t sues )f thse pllblic8tims
Sinil31ly the GoverUDont It the CentI -1( in the
st ss Day be nPIJroached to give atlease one copy of its
public3tions frse elf ohlrge to the NIB Library iIecnwhile the
0ssential reports and textmiddot Books ny be irL1ed ictely purchnsoil
befor the connencenont elf the Lonaonic yo 1 bull
(p) Institution of loadenic Chairs
It is an excellont idea to ssocite priv1te
philanthrelpic institutes with the rlevelopnent of tfIS Besiiles
seeking su itnb Ie donat ielns the Acanenic Council rC1celrrcnds
that ina ividuOols nnd institutic-us ny be appronched to L1stitute endDvlLients f8r setting up tte AOf)c(mic Cpoundirs in
different brpJ1cf8S cmiddotf law It is estin~ted tht Cllrir
nay need [ill End ownent of lis 10 lskhs t lt) S UPI)Ort J~cofess Oshy
ship qne necessary staff
DmECTOR 12-12-87
SQf1 -
2007
ANEure R-J13 amp1
1inute of the leeting of the Executive Council held on Saturday the 27th Januan
Item 0 2 - Common Entrance Test
It was resolved that
We accepT in principle holding of a Common Admission TesT but we reiterate that the responsibility of conducting the CAT should be with the NLSIU 50 that the same standards can be retained
Item 0 3 - Ratification of faculty appointments
RecLUltmem - ror raritication - VC said that the consent has already been obrained by circular
Regarding 4 additional increments to Mr Sairam Bhat
The committee disapproved the additional increments given to k Sairam Ella as it is not in confonniry with rhe UGC Rules Tile increments given to others is approved
Item 0 t - Ratification of the administrative staff appointments
The Regularisation was not approved since the procedure was not tolloved properly EC 1tll1her felt that there should be proper records maintained in the process At any cost the backdoor entry shall be avoided
It Vias resolved that
The Registrars olliee should prepare a note with the individual candidates derails and a proposal can be made to EC with the relevant information about their service pay confidential records nature dUties educational qualification etc Also whether the candidate is qualified or not With the complete information the note may be placed before rile Executive CounciL Untillhe decision is made the consolidated pay whalever Tiley were getting should b paid If necessary a meeting may be arranged as soon as the infonnaliol1 is ready
Item 0 8 When Prof Hegde raised some objection regard1llg the irregularity in paying the adcitional increments the Committee insisted to make a formal complaint then they will look imo individual cases
The Committee also suggested lO prepare rhe Rules if already Rules ere available and if modific3rioll is required make a formal proposal and place it betore the EC
As regards fuation of pay to Ir Somu C
Tile EC disapproved the appointment letter issued by the Registrar Howeyer considering the plea of the Vice Chancellor the Executie Colll1cil suggested his presem pay of Rs 25675middot may be protected and new appointment letter may be issued with the relLled amount ie Rs 25000 and not 29000middot
Item ~o S - Investments
The Committee was of the opinion that the office should come out with a proposal ghing a clear picture indicating where it ill be invested- hat is the present rate of interestshywhether to invest in public sector or government organizations and not in private institutions etc and which mumal fund you prefer and reasons for the same The proposal with all the above information may be placed before the EC jx its approvaL
Item ~o 6 - enhancement of tuition fee
Approved
Item ~o 7 - Pension payable to Ms Pushpa eeL Dept
It was approyed and informed that the same pension mte can be appUed as it is applied in other cases
Item ~o 9 As re~arcls inIormation to be ginD under R II
It was approved that only the resolmiol1s can be given and not proceedings
Item ~()10 - Revision ofmerlical budget - Beerappas cae
It as agreed to revise the medical budget
Item ~o 11 - Agreed
Registrar informed the Committee that Prof Bebu Mathews lien will come ~o an end by 3132007 The Committee felt that h silouldjoin before lhe date and if not illS lien will nOl be extended
t~XI item - approved
Item ~o - Increments to those who have reached maximum
The COlllmittee recolllmended that a proposal proposal may be placed before the EC based on rhe CGC Rules for graJll of increments for those who have reached the maximum scale Bused on the proposal the EC may gram some stagnation incremem as per Cemfal GOt Rules
Registrar inf()rmed the Commillee that he is nor genillg any separate allovuce for holding Ot1ice ofRegistrar as he is doing both administration work and also teaching
The Comminee was of the opimon that Ie the maner be placed before Ie with a proper proposal - 11l order to finalise graming of a special aEowancc for a Professor whe11 he is appointed as Registrar during the IeIm of OUice of Registrar
Item ~o 27 - ASLEA Conference
When the Registrar inionned the Committee about the receipt ofRs 1900000- from the UTI Bank towards organizing the ASLEA Conference und that the same has not been rellutted to -rLSIC the EC resolved that
whenever such Conferences Seminars conducted with the coordination ofthe -rLSlt a detailed repolt must be prepared showing the amount received by the concerned Departments i sponsorers xpenses incurred what is the income earned by -rLSru from those Conferences Such reports lUust be duly certified by the Registrar and the same should be placed beli)ft the Ee
Finally EC strongly reconlllended the -[inutes of the Meeting shall be circulated tor approval immediately_
Item No P 3
GRH - Some adyance increments would be -let that proposal come separately Some of the - those who hold the shy
Increments only for the Lecmrer and not for the Asst Professor because he bas PhD Mr Sairam Ehat
UGC Rules - AJD - With the modification for
Let there be a proper note circulated
Sairam Ehat - increments to tbose who hold tbe lecmrer post - Registrar denied shy
Make a proposal for amendment of Rules - we may apply the rules
IF you find any rule - please make applications - before Ee if it is fare
AJD - posts are already there - but here is a situation wherein certain people are working since so many years - who were recruited directly - since 1998 - at that time we were not in a position to appoint shy
The Committee should have been constituted by EC - do not violate the mles
Call for application itself is out of question- they should also face the Committee
They ere on consolidated basis shy
VVK-
You can regularize - there should be some record - prepare a note call those employees - back door entry should not be permitted - we are not against them - the power has to
be exercised by the Ee
Who had approved the internal circular - VC admitted - he himself - it would have been discussed in the meeting Let them also know who are the members of the
The Committee took a decision and authorized Justice Mallimath to take a decision about the
VR Reddy ad hocistlJ should not be there some kind of a procedure should be followed - middotou may appoint a complttenr persoll- but procedure should be foHowed
lallinath m accept his OWI1 statement and pay him only Rs 25000- and nor 29000-
It shall not be treated as a precedm-
You may refix it and ensure that it rotal should not be less than what ~le is drawing 110W
ANNPorsR-14shy
S)finutes of the meeting of the Executive Council held on Sunday the 13th -Iav 2007 at 1 000 AJ
Item 0 1 Confirmation of tbe minutes of the previous Executive Council meeting
With thi permission of the Chair certain decisions have taken at the EC meeting a report of rbe action taken should be placed before the neXI EC
Item ~o 1 Search Comminee Chair Professor as LS1C
Resolved to constiTIlte a search committee consisted of the following members for identitymg s1Iimbie persons for the appoimment to hold the position of the Professor of different eilirs at NLSIl The committee shall be entitled to consult distingUIshed persons for the position the searchcol11mittee shaH plaCe the names so selected in the next meeting for (ile tina decision
1 JUSTice vfaIimath 2 Vice Chancellor 3 Shri Patnaik Silri VR Reddy 5 Mr Gopakumaran air Chairman BCI
Tile members of the EC have requested to suggest suitable names Registrar shall be the Ex-officio Secetary to the Committee
Item ~o 1 The EC consrituted a Committee consisting of following members to tinulise tile niles placed before the next EC
L 5111i BS Reddy 2 ShriDesai Chandrashekar Kamataka Bar Council Chairman 3 Prof V agaraj -I Shri BD Hiremarh
Registrar shaH be the Ex ofiicio secretary
Item 03 Common Entrance Test
It was resolved the modify the resolution to the followin1l ctIeer that the VC should take the stand that having r~gard to the pr~emin~nt pOSition ofrhe NLSIU being the pioneer in holding the Test it should play the leading role in conducting the Common Entranccent Test The VC is requested to persuade the other Vice Chancellors in this behalf
Itelll NO5 Resolved that the proposal contemplated by agenda item no 5 shall be finalized within a week and the approval ofrhe EC sought by circ1Ilation
1
Item 0 6 Increase in fees by Rs 140001- over lasT year was approved and confirmed
Item 0 7 Providing information under RTI Act - Based on the issne relatinl to the publication aboUl Law School in Times ofIndia under RTI Act aIld the issue of~hai can be released in the Press under RTI Act was discussed elaborately though no conclusion was arrived at It was resolved that the information must have leaked bv the administrative STaff and a stern w3ming must be given to them to prevent such happnings in the future
fain Agenda
Item 02
I Reguarisation of the services of administratiw staff
It was resolved to approe the regulanarions of services of the following with from ovember L 2006
i) ills Pushpa Kadam ii) VIs Vidya SG iii) vir Umesh iv) iIlr Naveen Kumar v I VIs Premll Kummi
Resolved that having regard to the exigencies of service becomes necessary to make immediate appointment the VC could make such adhoc appointments and bring it to the notice of the Executive Committee lllunediately in the next EC meeting
Further resolved that if the vacancies should be filled up as per the University Rules and Regulaliols and if ad hoc appointments are eligible to consider their applicatiolls as well The cases of Ms Gma Ms Jyothi v1r Gulam Hyder and Mangala Gowri were not considered for eguiarization as they haye left th se[ce long back
(3rinLoIlldence increments(QthQslt who acqmre ~LPhii and PhD desree
Keeping in mind the UGC guidelines issued on the basis of the Order of the Govt of India dated J July 1998 and the resolution of the Executive Committee dated of August 1999 the Executic Committee resolved to extend the benetit of advance increments to the members of the tcaching statT acquiring PhD or tPhil degree respectively as follows
1 4 and 2 advance increments will be admissible to those hold PhD and tPilil degree respectively at ihe time of recrul1ment as Lecturers and Assistant Professors
2
2 4 and 2 advance increments will be admissible m those who acquire PhD and VLPhil degree respectively afrer the recruinnem to he said post
3 Associate Professors oJlwards who acquire PhD degree after 781999 shall be eligible for two incremems
The aforesaid provislOllS shall be given ef1c to from 781999
4 Appointment ofMr Somu C
After an exhaustiVe consultation on the issue regarding fixation of rile pay to Mr SOlllU on his appointment as Assistam Pro1ssor the Execurive Council resolved to gram four advance increments in the pay scale of Rs 10000 to 15000- so that the total emoluments will be receivim could not be less than the total ellloluments he is recehing in the priare college vhere he is Sefnllg The offer of appoimmcl1t aLready lllade shall be rnodified on these lines
Item No3 Stagnation increments
The Executive Council decided 10 grant the bendt of stagnation increments contemplated to rhe employees of lSIC The proposal in the agenda to grant stagnation increment is approved
Item 110 -I Institution of Allen amp Overy Chair on International Financial Laws
The Execmive Council approved the action taken by the Vice Chancellor in esmblishing a Chair on International Financial Laws 1Inanced by vIs Allen amp Overy Londo It is resolved 10 convey the appreciation Bnd thanks to the donor
Item ~o 5 Convocation
The sltlggesled the tc)Uowing names tor being invited to be the Chief Guest lor the next Convocation
L Shri Gopalaswamy Iyengar Chief Election Commissioner 2 Shri YV Reddy RBI Governor 3 Shri Fali Slariman Sr Advocate 4 Shri K Pachauri
In case none of the above are not mailable the Vice Chancellor may at his discretion invite any other suirable dignitmy
Item -0 6 3 reservation for physically challenged candidates in the Admission to XLS
EC defened it to the next meeting The Registrar shall place before the Executive CounciL a copy of the Act the Judgment rendered by the High court of Karnataia and
3
- -
bt also a copy of the report said to have been submitted by Justice Rama Jois if available along with relevant judgments
Item 0 7
The EC committee decided to consider the incentive to be given to the staff members on the occasion of the Silver Jubilee function of tile University
Item 08 Selection of the administrative staff
The EC felt that the response to the advertisements being very pOOL steps should be taken to adequately advertise and invite applications afresh In view of the urgent necessity to carryon the administration the EC 3mhorizes the VC to make ad hoc appointments pending regulu recruitment TO the posts of Secretary Office Assistants and Junior Assistants Adequate steps should be taken for adwnising posts indicating all relevant details
Among the three members to be nominated by the VC under the LSIU Regulation 4(c ) the Chainnan of the Karnataka State Bar Councilor any member nominated by him shall be nominated
Item 09 Establishment of a Centre
Resolved to constitute a committee consisting of the following members of the Executive Committee to scrutinize the proposal and to take a final decision in this regard
L Chail1113n of the State Bar Council 2 Bar Council ofIndia member from Karnataka 3 Law Secretary
Item 0 10 Institution of Chair on Consumer Law
The Council noted with appreciation the sanction of professorial chair on Consumer Law amp Practice bv the Ministrv of Consumer Affairs to set up Chair on Consumer Law 8 Practice at LSIC EC authorized the University to convey the appreciation and thanks to the appropriate authority
4
ITEM NO17 171 COURT NO5 SECTION PIL-W
SUP REM E C 0 U R T 0 FIN 0 I A RECORD OF PROCEEDINGS
writ petition(Civil) NO 6002015
SHAMNAD BASHEER VERSUS
petitioner(s
UNION OF INDIA amp ORS (WITH APPLN(S) FOR PERMISSION INTERVENTION APPLN) WITH WP(C) NO 5762018 (X)
TO FILE ADDL DORespondent(s)
CUMENTS
Date 30-10-2018 These matters were called on for hearing today
CORAM HONBLE MR JUSTICE SA BOBDE HONBLE MR JUSTICE L NAG ESWARA RAO
For Petitioner(s) Mr zoheb Hossain AOR Mr Adeeba Mujathid Adv Mr Vivek Gurnani Adv
For petitioner(s) Respondent(s) Ms Roopali Mohan Adv
Mr Namit saxena Adv Ms Taruna Ardhendumaul1 prasad Adv Mr Piyush Singh Adv Mr Amritesh Raj Adv Mr Nitesh Ranjan Adv Mr Shashank saxena Adv Mr Ardhendumaul1 Kumar prasad AOR
For Respondent(s) Mr Rakesh Munjal sr Adv Mr SS Ray Adv Mr Vaibhav Gulia Adv Mr Puneet Gupta Adv Mr paramjit Singh Jaswal Adv Mr Ravinder Singh Adv Ms Rakhi Ray AOR
Mr Atmaram NS Nadkarni ASG Mr Merusagar samantray Adv Mr Ritesh Kumar Adv Ms Suhasini sen Adv Mr Leelesh Krishna Adv Mr Arvind Kumar Sharma Adv Mr Gurmeet singh Makker AOR
~) i
2
Mr sajan poovayya Sr Adv Mr priyadarshi Banerjee Adv Mr Pratibhanu singh Kharola Adv Ms priyanka MP Adv Mr Risha Agarwal Adv Mr EC Agrawala AOR
Mr Anand varma AOR MsShubhangni Jain Adv MS Manpreet Kaur Adv
Mr Puneet Gupta Adv ~lr Ravinder singh Adv Mrs Reeta Dewan puri Adv Mr PN puri AOR
Mr Maninder singh Sr Adv Mr Prabhas Bajaj Adv Mr Gaurav Sharma AOR
UPON hearing the counsel the court made the following o R D E R
The copy of the report filed by the union of India Ministry of Human Resource amp Development pursuant to order dated 13062018 passed in wP(C) No 5512018 be furnished to learned counsel for the parties
List the matters on 28112018
[ Charanjeet Kaur ] [ Indu Kumari pokhriyal ] AR-cum-PS Asstt Registrar
ITEM NO5 51 COURT NO5 SECTION PIL-W
SUP REM E C 0 U R T 0 FIN D I A RECORD OF PROCEEDINGS
writ petition(Civil) NO 6ee2015
SHAMNAD BASHEER VERSUS
petitioner(s)
UNION OF INDIA amp ORS (WITH APPLN(S) FOR PERMISSION INTERVENTION APPLN) WITH wP(C) No 5762018 (X)
TO FILE ADDL Respondent(s)
DOCUMENTS
Date 28-11-2018 These matters were called on for hearing today
CORAM HONBLE MR JUSTICE SA BOBDE HONBLE MR JUSTICE L NAGESWARA RAO HONBLE MR JUSTICE R SUBHASH REDDY
For petitioner(s) Mr Zoheb Hossain AOR Mr Gopal shankar Narayan Adv Mr Adeeba Mujathid Adv Mr Vivek Gurnani Adv
For petitioner(s) Mr vikas singh sr Adv Respondent(s) Mr Ardhendumauli Kumar prasad AOR
Mr Amritesh Raj Adv Mr Piyush Singh Adv Mr Nitesh Ranjan Adv Mr vaibhav shrivastava Adv Mr Sashank saxena Adv
Mr Namit saxena adv MS Taruna Ardhendumauli prasad Adv
For Respondent(s) Mr Rakesh Munjal Sr Adv Mr SS Ray Adv Mr Funeet Gupta Adv Mr vaibhav Gulia Adv Ms Rakhi Ray AOR
Mr V Giri Sr Adv Mr AKarthi K Adv Ms Rakhi Ray Adv
2
Mr Atmaram NS Nadkarni ASG Ms suhasini sen Adv Mr Ritesh Kumar Adv Mr Leelesh Krishna Adv Mr Marusagar samantray Adv Mr Arvind Kumar Sharma Adv Mr Salvadar santosh Rebellow Adv Mr Gurmeet singh Makker AOR
Mr Sajan Poovayya Sr Adv Mr prlyadarshi Banerjee Adv ~r Pratibhanu singh Kharola Adv rmiddotls priyanka M P Adv Mr EC Agrawala AOR
r1r Anand varma AOR
Mr punaet Gupta Adv Mr Ravinder singh Adv Mrs Reeta Dewan puri Adv prof paramjit Jaswal Adv Prof KD Rao Adv Mr PN puri AOR
Mr Prabhas Bajaj Adv Mr Dhawal Mohan Adv Mr Abhishek Adv Mr Gaurav Sharma AOR
For Applicants) MS M Sidhu Adv Mr P vinay Kumar Adv
Mr PS Narasimha sr Adv Mr SS Ray Adv Mr Puneet Gupta Adv Ms Rakhi Ray AOR
UPON hearing the counsel the court made the following o R D E R
Application for intervention is dismissed as
withdrawn
shri Atmaram N S Nadkarni learned Additional
Solicitor General appearing on behalf of the Union
of India ~linlstry of Human Resource amp Development
states that the Government has prepared a report
3
and shall further convene a meeting of all the
parties to these petitions NTA and the Bar council
of India seek their views and make appropriate
recommendations for the holding of the examination
within four weeks
List thereafter
[ Charanjeet Kaur ] [ Indu Kumari pokhriyal ] AR-cum-ps Asstt Registrar
7-+ 0( AMNI~URpound tlt_Ihi
2Q lt ( gt ( - -
~ ~ A
-
p V -~d T] Y-P~iCL of ~-lt)Eign Sud~nts thp drnissio is i-l~ be COI)iuct-d wit)middot the help of Inrin ~~Llt_~lon~
llgtrO~j ~n -t~poundO rgtSpctiVF cnJn~cies
1 r
lh- durtlon of tht course shall bE for 21 peri00 of (iv~~ j~lcaderrjic yeilrs j
CJ 1~ltJch acadeHic _divided into_ thceuroE academic terrnS J
f~lCh tE-rm called a orrimestErcent hDvin0 a minimum of 70 vJcfrki (H) days
C3 Ph- Icdcmic t(rms shilllordinarily be from lst July to --lOth -Septcober t poundrom 5th Oct to 15th Junuclry an(l from 1 (1 t ~l ~] AnlJ a ry to 20 t h A1ri 1 ~
~
6 l Irhp tu i t ton f~(~ foc th0 dampgree progr1fnrne for each yedr -
~~~ 1 i-gt ~ bull )~~jt7-middot which shall be collectEd in th~e IntlIcn~s 0t tl--H~ b(9ir~n of lt2Crk Trin~c-$ter I fcgte i~ not pdid i--hin a week er the co-mrnCncemlt2Ylt of thlt Tr~rgt~middot I i sh~~ 1 be C012Ectec with tate Jf if 1shyor c1~~y t11-l rre- end of 20 working days Can-didut(s who f) l te feeuro wtY)it the nrc-scrlbcd aerior] with ~ate
(fmiddot sri~)l rgtrnoveo -(om lt~G rolls ltH(~ they shall bEgt C~gt-j(1rrit~td onJy on pitympt 0+ rf--)cm-sion feE- oE Imiddot 100shy~(( 1 ~risf-1ct()ry rJport o~ progress ond conduct from 2 Tc~chFr of thp P~culty
In rpsnect of rrwl v acrni ttEO stIJcens admission wi 11 no )( com~letP lJJ11ess- thFY Pi)Y the prescribEc within Sonci fieod ti1le
6 ~ 3 Besidelt= flt( 2lt trl bp9inning of the fi--st trimestr of fdCn ypar J U CltiHldidatgt i (cQuirec to pay a sum of
tOWi1n1 xc1dlrHJ rnJti~rit~ls ar1lt3 a further sum of OWi~fU~ co-ctJcricu~~r ~nd ~tudent welfare activishy
~OL(~ Tuition )nc other fees paid by th0 students irlini ttEC1 to thi course 1 not Je Efundeci u~dFr- any C cumstancs
1
A1)Npoundx UltE remiddot-VishyTS
Academic Calendar at NLS
Resolutions on Academic Calendar
The Academic Council Meeting on 12th December 1987 proposed that each Academic Year be divided into three academic terms each with a minimum of 70 working days This academic term will be called a trimester
On 1th September 1988 the 4th Executive Council Meeting of NLSIU resolved that each Academic Year is civided into 3 academic terms Each term called a trimester has a minimum of 70 working days
Consequences of the Resolutions Tne mandatory 70 working days are spread across 12-13 weeks Each 12-13 week trimester extends to 90 calendar days 3 trimesters will require 270 calendar days
Ordinariiy students complete compUisory internships during the term breaks which vary from 30 to 45 days This year we had planned to forego the term break and replace it with a 15 day break between each trimester as this Is essential to finish evaluation ana assessment exercises Hence the Academic Year requires 315 days
Academic Year 2020-21
If hLS Admissions is completed under the NLAT 2020 Schedule the Academic Year will run from SeJtember 18 2020 to June 30 2021 This will allow for 285 calendar days this year leaving a 30 day shortfall We may preserve the Academic Year by further compreSSing the evaluation and assessment period to 5 days ThiS is neither optimal or desirable bul is the result of the delayed CLAT 2020 schedule Hence the Academic Year 2020-21 will be competed before the start of Academic Year 2021-22 on July 12021
If NLS Admissions is completed under CLAT 2020 From October 10 to June 30 2021 the AcademiC Year wiil have 263 days leaving a 52 day gap Even if we compress the evaluation and assessment Deriod to 5 days between each term and save 30 days the Academic Year 2020-21 cannot be delivered
ANNExOltE RJ
r Nithya Rajshekhar ltIegalnlsacingt
Letter from Nirma University Law School which has a trimester system for LLM and has moved away from CLAT for this process this year
$arasu ltSarasunlsacingt Sat Sep 12 2020 at 1031 AM Te Nithya Ra]shakhar ltIegalnisacingt Co Sudhir Krishnaswany ltsudhirnisacingt
bullbullbullbullbullbullbullbullbullbull Forwalded message bullbullbullbullbullbullbull From Purvi Pokhariyal ltdirector Date Sat Sap 12 20201027 AM Subject Thank yeun To Sarasu ltsarasunisacingt
Dear prof Sarasu Thomas Professor of Law amp Registrar Iational Law Scnool of India University 8anglore
Subject gratlCude for gracing Commermcement session of One Year LLM batch (2020middot21)
Dear SaraSJ Maam
It was Inaeed an absolute pleasure to host you for he commencement (Orientstionj session for our newiy admitted ere year LLM batCh of 20middot21
Your motivalional address infused new energy and enthusiam amongst the sldents during this testing times
As you know this is one year programme and il is expected to nurture pest graduate students with cognitive deeper unaersranding on specialised afea along with sflarpening their research and writing skills One year programme comprises of fhree trimester for our LLM programme And we were running out of time due to delay in centralised acmisison process through CLAT 2020 So finally in early August we have decided to change the mode of admission from CLAT to graduation merit So thai we can save time of our first trimesler and can compiete the programme on time Accordingly we could start our new LLM batch from 31st August 2020 I am really thankful to you for accepting our invitation for OJr format commencement ceremony You have been motivating and inspiring generations of SUdents throughlout aU these years and your words wiseom paved a new direction for leming for our LLM students received oV80Nheming feedback from this session and must be thankful to you to be with us and helping us for guiding our LLM students during this unprecedented times Tnis is unprecedented time and that demands the unusual responses and newadapatabiiity
Thank you once again
VVi1h regaros
Purvi
06011020 The General Body The NLUs was held The Secretary-Treasurer introduced and explained to the members various steps taken by the CLAT Secremriat in preparmion of the examination including a user-fhendly and streamlined website for the C onsonium and CLAT 2020 and a sample of tile revised format of the CLAT paper designed to test slUdem aptitude instead of prior knowledge of law The sample paper had also been $tlrveyed by students from LSIU The eftons of the CLAT Secretariat on both initialives were specially commended by the Members
Additionally he also briefed the General Body that the CLAT Secretariat had put in efforts to develop and innoduce free and high-quality study materials and mock tests tor aU eLAT applicants so as to not disadvantage those slUdents who could not afford coaching
21042020 Due to the ongoing COV1D-19 lock-downs Executive COlllmittee of the Consortium postponed the CLAT 2020 I examination from lOh May 2020 and rescheduled to 21 Sl June
2020 I 1--------+- __
17052020 The Executive Committee of the Consortium resolved to postpone the eLAT 2020 again (2nd eLAT Postponement) The Consortium issued a notification infoDning candidates that a new date would be notified by 0 I July 2020 At the same meering the Respondent No2 informed the of the large increase in the number of applications after the digital marketing initiative
---- 17062020 The Executive Committee of the Consortium met The
Respondent No2 presented the report oftlle survey conducted by the CLAT Secretariat to evaluate options for conduct of the exam given die Covid-19 pandemic The Executive Committee assessed the feasibility of continuing with a penshyand-paper exam VS an online computer-based exanlination The Respondent No2 also reported his effons in contacting I vendors to conduct an online examination I
29062010
7B
16072020
30072020
The Committee of the Consonium issued a notification scheduhllg the CLAT 2010 exam on 22nd August 2020 The test was to be a centre-based online compnter eX3m The Executive Comminee was Infolmed by the Convenor rhat a Vendor had been selected
A General Body Meeting of the C onsortiull1 was held The Respondent No2 intormed the Consortium of the various measures taken by the CLAT Secretariat including
bull Due to the pandemic simation the test centres were expanded from 67 ro 103
bull Detailed Medical protocols to be followed 011 the exam day
bull The mock exams schedule has been prepared and shared to all the VCs
The Respondent No2 also infonned the membls about the proposal for securing an insurance policy for swdenls and staff for the duration of CLAT 2020 exams He informed that proposais have been sought from various Insurance Companies and the best proposal received was shared with the VCs The Consortium authorised Secretary-Treasurer and the President to go ahead with the said Proposal
However certain members raised objections 011 the ground that the price for an Insmance Policy was too higb to bear for the Consortium tmd not necessary
A meeting of the ExecutiYe Committee of the Comoniulll of NICs was held The Respondent NO2middots proposal to secure an Illsuranc Policy fOT students and staff as a precautionary measure lor CLAT 2020 was rejected despite general support froln several melubers for the sole reason tlw it [$ 110t necessary and it il1vole5 huge amount and does not serve any I- purpose
~
The Respondent 02 did not share the Same middotiew
At the same meeting despite the Health and Safety Protocols and the conversion of the exam to a Computer Based format in order to accommodate shldents during the pandemic few members raised health concerns and SUgested J2poundstponemelll i l
of the CLAT 2010 from 2200 August 2010 Hovever the Consonillm resolved to decide the issue at its next meeting
05082020 The Executive Committee of the Consortium of NLUs held a meeting to consider the date of the CLAT2020 exam
The Test Vendor was also in place to conduct the exam 011 7th
September 2020 The Respondent No2 had also begun the process of securing an additional approval from MHA for the conduct of the CLAT exam and to ensure all candidates would be allowed to travel to the centres Respondent No1 mged the Consol1iull1 against postponement of the exam given the extensive Covid-preventative measures being taken at the centres and the need to preserve the Academic YeaL
The Respondent No2 shared a presentation with the Executive C01l1111inee detailing the impact of a postponement on the Academic Calendar of the Respondent No1 University and proposing a host ofoptions in order to accolmnodate members facing such difficulties bull for NLUs to proceed with their own admission process tor I
2020-21
bull aHow for CLAT 2020 to be conducted in two series so that Universities may choose an earlier or Imer date and
bull for NLUs to admit CLAT-enrolled students to appear for separate exams conducted by the NLUs with no further need for registration or fee payment
Despite this the Consoniulll by majority vote merely resolved to postpone the eXllnllnatiol4 to a date to be i
detennilled later
10082020 The General Bodv Qfthe Consortium ofNLUs held a meeting i fuwhere it was dcided to schedule the CLAT exam on
September 2020 Whilst this date would enable members such as NLSIU to complete their admissions without suffering a Zero Year some participants menfloned that it may be necessary to postpone the examination even further
L--_____L______________________-J
27082020 The Executive Council of the Consonjum took the decision to postpone eLAT once again
The Respondent No2 raised serious objections TO the postponement and also brought to the notice of the COllSoniulll the fact that the pandemic would only get worse it1 the coming months Further to facilitate the of institutions reliant on CLAT who would not be able to sustain ftuther delay he optiOllS already presented and discussed with the Consortium the Respoudent No2 offered to undenvTie the entire CLAT 2020 examination from NLSflJs share of Consortium fees in order to hold the examination on the fixed date of 7th September 2020 However none of the options were accepted by the Consortium
ANMEM01pound R1Ie atiouaj Law Scho()l of india University Ballzalore i J
inllts of the Emergency Faculty lerring held via videu confrrcnce euroIll 6th August 020
lullbers preent lts Iht Zoon1 ~iJn R-cOrGlng
1 PU$lpoThm~H ofCLAT yet again from 22nd Aligust to 7th S~pt(nber ~020
Contingency Plan to prevent a Zero Year
Disc ussion
Th- ViCt1 Chancellor Prof Sudhir KrlslmaSvarny informed that en1rgcHcy l1heting had been called to the decision the Executive C0t11ITliHe of the Consonium National Law Universities dated 05092020 to postpone the CLAT 2020 exam undl funner notice t was also informed that a new date for CLAT 2020 -as not yet finalised however it was likely that the exam would schedukd in September He tated that this emergency Facllhy Meeting had been
0 decide on NLSUs next steps
TllC Vice Chancellor infonned the Faculty he hud pHt forth the case of NLSIU lt1t the only National Law UnivilTsily having a trimester system before the Consortium members He infom1cd Consortium that delays in CLAT Nould unfairly prejudice NLSIU and set before them several alternatives including (1) allowing NLSIU 0 go ahead with an alternate admisslols process lor this
lild r) allowing multiple CLAT exams and go ahead with the date as proposed
Vice ChanceUor timber informed the Faculty that the CLAT 2020 had been postponed the hid time despite the extensive health and safety protocols and a rede$ign of the ~xam (Q a centre-based computer exam As the Covid-19 pandemic is only getting worse there is no justiI1carion for further delays
Fuculry il1cnlbcrs expressed concern that the trimester was going to be severely dt~layed as a
th~ postpot)CJncHt Undergraduate Chairperson Prof T Somnshekhar suggested going ahead vith an exam immedimely to prevent fmher delay and to explore using the same centres as CLAT
Other Faculty 111cmbcrs including Pr)f Ashok Patll suggested thatvlc should fun our ovn entrttnclt exam NIr Kunai Ambasta agreed bUt expressed concern about the costs of administering a scpamte entrance eXctlDlnatloD
Jflndakishore lt-luerkei whether ve couid go ahead for this staying tvithin
lnernbers inciudjng Sanyukta Choudhry and Ms Rashmi Vcnkatcn if it was PQssihlt IO have a dekly~d trimesrer nnd hm the inlpact ofthlt WOUld be Acadernic calendar options (r( txplored
Bnbu 11athev opined e should xplore many options 5hared TvlPP course to begin on ciCil1
Registrar~ Prof Sarasu Eshef Thon1as nmde a short prescntmion on the of a T on the S A-eadernic Year
1 Impact on applklnh
H1m p-ymc
r1nyioin these middotXl]]
P(rc(nt~~( of Point of 1ime nJen nolk of Refund of fcc of adrnission is ncchcrd
(Hlr
1s Ycn) Bi~~
I Trimester to II Trimcsn D~CCFhcr to
m
h) announce ~i
L)se 1 LLYl
to tho- yho wand to JOB)
2 Impact un NLSn
r ould -0 jom orh-r Hhtinntons
that WOtl ld bc 1n
I cgt Rs 9911gt7501middot
nOled that th~ k--ping the In a zero this
rJun-optlD1WH lbe
Possible gtOiUtiUllS
iovving pO$siolc solutions to Ihlt
quality addlTlonal uuuhk workload reachers and wnt til
DClsng ~1 adulisiuns lEosS ttJ corrplt~d urgtntly vhich EaHovmiddot us t) admit studnts rntd~Septen1ber and Viih ddayd b~it trirn12s1cr C(lYlprOrtusHlg JCadCl1iics
Dednre D 11h concqu~rH financIal losses lo-s of lainl tc as last rsort
4 If we run our tlvn entrance cxmn We rnay have to bear a snudt IO-is in monetary t(nns cntrmce process at a
it vns ionduded ihat smCe dH date ll) CLAT exan1 had nOI bcen flxLi 1hen W~l~ no vbClher voldd be any furh~r postponcn1entS LSIlJ be ith puhing
uirncgtter LO th ecund rrlrn-skr and so fDrth lhereby n1-lking it impo$)iblc to up 2021 In such a cnse~ rLSrC will be forcedo announct a zero y(ar~
US Lfl
nsoi cd
Executive
~g --1tUE tpZshy
Extract ofDraft Minutes of9t Executive Council Meetillg
DRAFT MINUTES OF THE 91 MEETING OF THE EXECUTIVE COUNCIL OF THE
ATIONAL LAW SCHOOL OF INDIA UNIVERSITY MELDON
WEDNESDAY AUGUST 12 2020 AT 330 PM AND ON
TUESDAY AUGUST 18 2020 AT 430 PM VIA VIDEO CONFERENCIgtlG
MEMBERS PRESENT I Honble Mr Justice Uday Umesh Lalit Judge Supreme Court ofIndia 2 Honbie Mr Justice Dhananjaya Y Chandrachud Judge Supreme Court of india 3 Honble Mr Justice S Abdul Nazecr Judge Supreme Court oflndia 4 Honble Mr Justice V Gopala Gowda Former Judge Supreme Court oflndia 5 Shri Manan Kumar Mishra Senior Advocate Chairman Bar Council of India 6 Shri S Prabakaran Senior Advocate Co Chairman Bar Council oflndia 7 Shri Deb] Prasad Dha Advocate Managing Tnlstee BCI Trust 8 Shr1 Apurba Kumar Sharma Senior Advocate Chairman Executive Committee Bar
Council oflndia 9 Shd Y R Sadasiva Reddy Member Bar Council of India 10 Shri Ved Prakash Sharma Advocate Member Bar Councll oflndia 11 Shri Prashant Kumar Singh Advocate Member Bar Council of India 2 Shri Anil Kumar 1M Chairman Karnataka State Bar Council 13 Shd tV Ramana Reddy lAS Additional Chief Secretary to Government or Karnataka
Higher Education Department 14 Shf1 SY Watawati Law Secretary Government of Karnataka 15 Prof (Dr) Sudhir Krishnaswamy Vice Cbancellor NLSIU 16 Prof (Dr) Ashok R Pati] Professor of Law NLSlU 17 Prot (Dr) TS Somashekhar Professor in Economics NLSIU J8 Dr Nagarathna A Associate Professor NLSJU
AliD 19 Pro[ (Dr) Sarasu Esther Thomas Registrar amp Professor of Law as Secretary to the
Executive Council
lVIEMBERS VRO EXCUSED THEMSELVES L HonbJc Mr Justice Mohan M Shantanagouclar Judge Supreme Court ofIndia
Opening Remarks
The Vice Chancellor Prof Sudhir Krishnaswamy welcomed al the members to the 9i Meeting of the Executive Council He thanked the Honble Judges representatives ofthe Karnalaka Stale Gevernment and members of the Bar Council of India for agreeing to attend this Executive
-ss Council TvteeHng organized at short notice or Video Conference He informed tflC 1crnbers that the Honbie ChiefJustice of India the Chsnceillllofthe University was unable to atlcu and had ominated Honble Justice UlJ Lalit to Chair themeeting in his abence
Justice Lalit clarified the reasOns why this emergency Executive Ceunci I Meeting had been convened at shori notice at his initiative First as CLA T 2020 had been postponed several times the University is unlikely to complete admissions by September 2020 Hence lLSIU faces the prospect or a zero year 1ere 120 BALLB + 50 LLM students will not be admitted and (be University wili lose INR16 crores over 5 years Secondly as the University had submitted a comprehensive Report reviewing the Reservation Policy in the third week of July this Report should be discussed while Ihe admissions process was underway
Justice Lalit then asked if any Member took objection to the short notice and was keen that the Meeting should be adjourned Ali Members unanimously agreed that due to the urgent nature of the agenda of the Meeing the usual lime trames for the Meeting may be dispensed with on this occasion
~ __-1-_- _ - _ _-- -- --- i Item No1 i Postponement of CLAT 2020 and Admissions to the NLSIL for the i_ ____J_A2e~)r2Q~Q21 ________ ____ __
Discussion IMembers noted that the Governing Body of the Consortium ofNLUs held an iemergencv meeting on Aug 10th 2020 to reschedule CLAT 2020 from Aug 22nd to 7en September 2020 ) i i 1 Members expressed concern that CLAT 2020 had been rescheduled 3 times and
further postponement could not be ruled out The Vice Chancellor clarified that the University has made adequate plans to compress the Academic Year if the 1
exam is completed On September 7th 2020 I
However several Members expressed concerns if CLA T 2020 was delayed 1 further All Members agreed that the consequences ofa Zltro Year in terms of loss of revenue (around i 6 crons) and loss of oppoltunity to 120 SA LLB (Hons) and 50 LLM students [0 study at the National Law School was too high a price to pay
Some Members suggested exploring various admissions options using 12th Stllndard Marks other entrance examination results or conducting an online examination The Chair emphasized that it is critical to authorize and urge the University to take immediate steps to prevent a Zero Year if CLAT 2020 is
i further rescheduled
i I The Chair requested the Vic Chancellor to consult withthe BCI Chairpls~n in the event that the Umverslly needs the leave of the Supreme Court In mese I 1____~__-lllat~~~ __ _ ___ _~__ __ _________ _jI _ 1 l was resolved unanimously that jfthere is a further delay in CLA T the Vce 1
L_~C~~nJ9_~ll~cel()r--~_lt11Jlowredt2takeai I necessar $iJlLt~nsur(U~ltlUl1ej
(J ry(Y~~
TAdmissions Processfor 2020-2 i~i~ completed in Septe111ber 2020
NLSIU is authQrised to fUll ft~ own admission process and conduct an i independert admisson tcst if necessary if there s further postponement of the I CLATexam
It was decided that the meeting would be adjourned to 18th August 2020 at 430 PM The Vice Chancellor thanked all the members for joining this meeting
After a formal weicome by the Vice Chancelor Justice U U Lalit chair the meeting and invited Justice Gopala Gowda to present his note feHowed by a presentation by the Chairman Bar Council ofindia
__ _~ ~__Ugt___ _~~~ _~~_~ _~ __ bullbullbull___ ~~ __ ~bullbull~~_~ gt _ 0 ~~ ~_____ ~~ _ __~ ~____ __ ______ __ __ __ __
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Discussion The Chair asked the Vice Chancellor to clarify that CLA T 2020 was likely to be r held on 7th September 2020 The Vice Chance lor confirmed that as per the i current schedule it was to be conducted on 7th September 2020 but the I Consortium tny choose to reconsider the date later I
i--~------- i-------~ --_---- ---------------_--- ---- ---- -- ---
Decision i
The Executive Council unanimously reconfirmed this resolution to empower i
the Vice Chancellor and the Jniversity to conduct an independent admission iL_ _________jJ~poundf~ipoundE~1Jt t~at C~~T 29Qis dela)~ecc fU~~t____~~_________
The Vice Chancellor thanked all the Members for joining the meeting and thanked Justice UU Lalit for chairing this important emergency Executive Council meeting
SdJshyRegistrar National Law School oflndia University Bangalore
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ANNExurE R14 iT NATIONAL LAW SCHOOL OF INDIA UNIVERSITY
Post Bag No 7201 NAGARBHAVI BENGALURU - 560 242 (Old Code No 560072) INDIA
Talalax 080 - 2321316023160532535 Fax OBO - 2316 0534 Website WWWnlsac-in Email registrarnlsaci
Report of the BALLB(Honsl and LLM Admissions Committee 2020
Committee Members
1 Prof (Dr) Sarasu Esther Thomas Registrar 2 Professor Babu Mathew 3 Assistant Professor (Dr) Kaushik Basu 4 Assistant Professor Kunal Arnbasta 5 Assistant Professor Sanyukta Chowdhury 6 Nithya Rhea Rajashekar Advocate (Legal Advisor to the Committee)
A Objective
Since inception admission to the BA LLB (Hons) programme has been purely on the basis of merit as assessed through a common entrance exam The University conducted its own AIIshyIndia entrance examination until 2008 when the Common Law AdmiSSion Test was conceived In 2018 the Consortium of National Law Universities comprising the ViceshyChancellors of 22 National Law Universities was formed to establish a Permanent CLAT Secretariat for the conduction of the CLA T Admissions to the Universitys BA LLB(Hons) and LLM programme were also done on the basis of CLA T score
The Covid-19 pandemic has however caused unforeseen difficulties and delays in the conduct of CLA T 2020 The repeated postponement of the examination has resulted in uncertainty for students parents and the participating Universities NLSIU is uniquely disadvantaged as it follows a trimester system where every academic year is made up of three terms of 90 days duration Moreover each term must accommodate 60 hours of classroom instruction in each course and adequately provide for examination and evaluation processes Further the academic offering for the 3rd 4th and 5th year of the BA LLB programme as well as the LLM programme is fully integrated and requires a common academic calendar
Hence if NLSIU is unable to complete admissions before the end of September 2020 it will inevitably result in a Zero Year with no admission This will deprive law students of the opportunity to pursue their studies this year at Indias premier law university We are fully committed to ensuring that no student is denied the opportunity to study at NLSIU this Academic Year Hence NLSIU is compelled by the current circumstances to conduct a separate admissions process for the BA LLB and LLM programmes for the Academic Year 2020-21
This matter was considered at length at a Faculty Meeting at the University on August 6th 2020 where the Faculty unanimously resolved that NLSIU needed to take all measures necessary to avoid a Zero Year The Executive Council of the University at its 915t Meeting held in two sessions on August 12 2020 and 18th August 2020 met to consider the matter and unanimously resolved to authorize the University to develop an alternative admissions process in the event that CLAT 2020 was not conducted on September 7 2020
h fin stablished under Kamataka Act 22 of 1986
-tgg On August 28 the Executive Committee of the Consortium of National Law Universities postponed CLAT 2020 from September 7 to September 28 2020 Accordingly this Faculty
Sub-Committee was constituted by the Vice-Chancellor and tasked with formulating a revised admission procedure for the academic year 2020-21 with respect to the BA LLB (Hons) and LLM Programme (hereinafter referred to as Programmes)
B Options available before the Committee
1 Conduct an online entrance exam at identified centres across the country for all applicants
2 Conduct a home-based proctored online entrance exam for all applicents
3 Conduct a home-based proctored online entrance exam for applicants shortlisled as per pre-defined criteria
81 Committees decision regarding Option 1
As per expenditure estimates prepared by the University conducting an online entrance exam at identified centres across the country for aU applicants would cost Rs 4 crores Moreover under the given lime constraints it would be extremely challenging to organise the same Further a home-based online examination discussed in Option 2 and 3 below ensures that candictates do not need to travel to physical centres for an additional examination
Accordingly the Committee decided that option 1 would be unfeasible
82 Committees decision regarding Option 2 and 3
A home-based proctored online entrance exam for all applicants would not be feasible given the expected number ofapplicants (apprOXimately 20000+ for BA LLB and 5000 for LLM considering the late call) and the available funds of the UniverSity unless some minimum fee is charged from applicants If this is done we may make an open call
~Ihere no application fee is charged such an entrance exam is feasible for applicants
shorlisted as per pre-defined criteria Subsequent to the initial deliberations ofthe SubshyCommittee it was made known to the members that the procedure for admissions as finalised by Ihe Academic Council on December 12 1987 was that Admission to tile Law School would be only on the basis of the Written Admission Tes
The Committee discussed the available technology platforms for conducting homeshybased proctored online entrance examination with two vendors (Edchemy and Coshycubes The Commiltee also got in touch with Pearson Vue and NSEIT) A moreurogt exhaustive search may be undertaken by the University before making the choice of technology partner for the entrance exam
With respect to the application fee the University has tlllIO options - (i) to charge a nominal application fee (in the range of Rs 100 Rs 250) to recover part of the costs
111 (with the balance being met by the University funds) or (Ii to not charge any application fee While the CommITtee felt that (i) was ideal a final decision may be taken by the Vice-Chancellor in this regard depending on the final expenditure estimates of the entire admissions process and availability of funds with the University
Therefore having considered all the options it was concluded by the Committee that an online home-based entrance examination conducted for all appticants at the earliest and with the lowest possible application fee would be a fair transparent and accessible admissions process
C Committees recommendation regarding conduct of home based online proctored entrance examination
The syllabus of the examination should be as ctose as possible to the Common Law Admission Test 2020 so that candidates are not required to undertake any additional preparation for the NLS1U Entrance exam The following format was recommended by the Committee
Maximum Marks 80
Duration of the Exam 45 minutes
Question Type Multiple Choice Questions only
Marking Scheme 2 mark per correct answer
-050 marks per wrong answer
-025 marks per skippedunanswered question
Candidates will have to appear for the examination using a computer device with video and audio transmission available They should be informed in advance that the University would noi be responsible for any connectivity issues or failure of intemet connection during the examination
A mock examination should be held to familiarise the candidates with the technology plalform on which the examination will be conducted
There should be a protocol established to deal with potential malpractice since the examination will be attempted by the candidates in a home environment It is understood that the available technology allows for artificial intelligence enabled human proctoring of the examination Additionally the technology vendor will put in place software mechanisms to ensure that forms of examination malpractice will be detected and suitable action taken This should include but is not limited 10 restricting access to different online tabs on the computer audio detection continuous video streaming detection of multiple login attempts etc In addition to proctoring during the examination post hoc verification must be conducted on the besis of detailed logs and data records maintained by the human proctors and the available system records In cases of observed malpractice the candidates examination should be cancelled by the University
At the time of computation of final scores pest the examination if twO or more cajsobtain the sameuro marks a break of tie should be made by the following procedure and order (i Higher number of correct answers to Legal Reasoning Questions (if) Higher number of correct answers in the overall examinatiOn iii) ComputeriSEld draw of lets
n view of the fotegoing discussion on the available options the Vice Chancellor may take the
final deCision 01 the admissions procedure to be followed for the academic year 2020-21
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Prof (Dr) Sarasu Esther Thomas Professor 8abu Mathew
Dr Kaushik Basu Mr Kunal Ambasta
Ms Sanyukta Chowdhury Ms Nithya Rhea Rajeshekar
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ANNEXURE R-Il4shy
Honble Justice ~1L U C Lalit Judge the Supreme COlit ofIndia ChairmalL Executive C ounci Xational Law School oIIndia 1Jlliversity
36 September 1010
Sub Decision of the Consortium of -iational Law Universities on 28082020 to postpone
CLAT2020
Honble Sir
Greetings from NLSIU Bangalore
The Comonium of National Law Uillversities of which NLSIU is a member has by its llorification dated 28 August 2020 decided to postpone the Conunoll Law Admission Test CLAT) poundiom September to 28 September 2020 The COVID-19 pandemic has caused llntOreseen diftkulties and delays ill the conduct of CLA T 2020 and the repeated postponement of the examination bas resulted in uncertainty for students parents and the participating llliversities
As you are aware the )JLSlU is uniqudy diadvalltaged as it 1011ows a trimester system where eVelY academIC year i made up of three terllls of 90 days duration Moreover each tel111must accollllllod1te 60 hours of classroom imuuctioll ill each comse anc adequately provide for examination and evaluation processes FUl1her the academic offerillg tOr the 3rd 4th and 5th yem of the BI LLB programme as weH as the LLM prograllulle is fully integrated and requires a COllllllon academic calendar Hence if]1-S1U is unable to complete admissions before the end of September 2020 it will inevitably result in a Zero Year vdth no admissions This will deprive law smdellts of the oppommity to pursue their shldies this year at Indias premier law university TheretOre 1-SIC is compelled by the current circumstances to conduct a separate admissions process for the BA LLB ane LLM programmes for the cademic Year 2020-21
This maHer was considered at length at a Faculty Meeting at the University on Augmt 6 2020
when the C onsortiulll postponed the exam from August 22no to September 7 2010 where the Faculty unanimollsly resolved that NLSIU needed to take all measures neeesalY TO avoid a ~Zero Year
Then the lllmtcr Va placed before you in the EXecmive COllncil at its 9 F meeting held 011 1211
August 2020 wherein it was unanimously resolved to authorize the University to develop an ~-
~ltern~tivc admissions process ill the event that CLAT 1020 WilS not conducted on September jh
2020
Accordingly the Vice Chancellor constituted a Faculty Sub-COlllmittee on August ~020 to denlop a revised admission procedumiddote The Sub-Colllmittee concluded that a common entrance test conducted online at the lowest possible application fee would be a 1aiL tn11lsparent and accessible admissiolls process 8t this The proposab of the Sub-Committee were dicllssed at a F ~cnlty Meeting held 011 31 August 2020 After taking into accollnt the suggestions and
revisiom as necessary the Revised Admissioll Notifications for the Academic Year 2020-21 for
the BA LLB programme and LLlvl programme haw been notified
The lniversity aims to initiate and complete the entire proces by mid-September and begin the Academic Term immediately thereafter While the reyisecl admissions process presents a mOllumental task the careers of the students who have worked hard for this opportunity remain
our top priority
The V ice-Chancellor and I will contlllue to apprise the Executive C ouneil of these developments
and ve thank you for your SUppOl at this time
Sincerely
Prof (Dr) SraSll Esther Thoma
Professor of Law and RegistIar liLSIC tvlember Secretary Executive Council
Copy to (1) Members ofthe Execntlye CounciL NLSIlJ (2) Vice-Chancellor NLsn
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The Faculty
KltIional Law School oflndia University B8ngillolc
3 September- 2020
Sub Decision of the Cousoltiull1 ofKational Law Universities on 28082020 to postpone CLAT 2020
Dear all
~s you are aware the COllsorriulll ofKntiona Law Clliversities of which NLSIC is a membeL has by its notification dated 28th ugnst 2020 decided to postpone the COllllllon Law Admission Test (CLAT) Hom 7 September TO 28 September 2020 The COVID-19 pandemic has caused
uuforesen difficulties and delays in the conduct of CLAT 2020 and the repeated postponement of the examination has resulted ill uncertainty for students parents and the participating
Cuiversities
At the Faculty deeting at the liuivelsity on August 6th 2020 the mailer was considered at
length when the CLA T 2020 wa postponed fiom Angust 2211d 2020 to September 7th 2020 and need to avoid a delayed cademic Term was discllssed NLSlli is lllliqueiy
disadamaged as it follows a nilllestersystem where eely academic year is made up of three
Tenns of 90 days dmmion ldoreover each term 1ll1lSt accommodate 60 hours of classroom illSh11Ctioll in each course and adequately provide tOr examination and evalnation processes
FunheL the aCBdemic offering tor the 3rd 4th and 5th year ofThe BA LLB programme as well
as the LL2gtI programme is fully integrated and requires it COIlllllon academic calendar Hence if NLSlt is unable to complete admissioIlS before the cud of September 2020 it wil iueitably result in a Zero Year with no admissions that deprives law students of the opportunity to pursue their smdies l11i year at Indias premier law university At this meeting the Faculty Imanimously
resolved that NLSIC needed to take all measures necessmy to avoid a Zero Year
Tllereatler the matter was also placed before the Executive Council at its 91t meeting held on
12 August 2020 wherein it was ullanimously resolved to aurholize the University to develop an altemmive admission process in the event that CLAT 2020 was not conducted all September
2020 Therefore NLSlt is cOlllpdled by Ille current cncumstances to conduct a separate admissions process for the B LLB and LLM progrmnmes for the Academic Year 2020-2 L
Accordingly the Vice Chancellor constilllted a Faculty SubmiddotCommittee on 28 August 2020 to
develop a revised admissions procedure The Sub-Commirree concluded that a common ntlance test conducted online at the lowesl possible application fee vould be a fair
lransparem and accessible admissions nrocess at this stage The pro])osals oftlle Sub-Committee - - ~
were discussed at the Facultv Meetimr held on31 Augnst 2020 Afler taking-
into aCCOllll the ~
snggestions and revisions as llece~sm) the Revised AdmJion otificarions for the Academic
Year 2020-21 for the BA LLB programme and programme have been notified on the Cniversity Yeb~ite
The Cniversit aims to initiate and complete the entire process by mid-September and begin the Academic Term immediately thereafter While the reised admissions ploce presents a monumental task the careers of the students who 1mve worked hard for this opportunity remain
our top priority
The Vice-Chancellor and I shall continue to apprise the Faculty of the developments and we thank you for yom SUpjlOlt al this time
Sincere
Prof (Dr) Snmsu Esther Thomas Professor of Law and Registrar ]LSn
ltlember Secretary Executive Council
Copy to (1) Member offacuIty NLSlli
(2) Vice-ChallCellQL NLSIC
~) rRua (IPYshy
JNNEPCUJlpound R-Jb 8
Tlle PI ident
ConSOl1iUlll ofltational Law Cmverities
3 September 2020
Sub Decision of the Consortium dated 270820 to postpone CLAT 2020
Dear Prof VijaykumaL
Guering ilOlll LSru Bangalore
The COVID-19 pDlldemic has caused unforeseen difficulties and delays in the conduct of CLAT
2020 The repeated postponement of the examination has reulred in ullcel1ainty for students
parms and the pmticipating Cuiverstie
LSIl is uniquely disadnmaged as it follows a trimester system where evelY academic year is
made up of three tenlls of 90 days dmation rIoreover each term must accollllllodate 60 hours of classroom instruction in each course and adequately provide for examination and evaluation
processes Further the academic offering for the 31d 4th and 5th year of the BA LLB
pro~ml1111e as well as the LLrl progrmllllle is fully integrated and requires a common academic
calendar
Hence if ll_SIU is unable to complete admissions before the end of September 2020 it will
inevirably resut in a Zero Year with IlO admissions This deprives law sludents of the
opportunity to pursue their mdies tills year at Indias premir law university Therefore ](LSIU
is compelled by the ClliTem circumstance to conduct a separate admissions process for the BA LLB and LLM programmes for the gtcademic Year 1020-21
This matter was considered at length at a F acuIty lHeeting at the Cuiversiry on August 6th 2020 where the Faculty unanimously resolved that NLSIC needed to take all measures nec6sary to avoid a Zero Year The Execmive COllllcil ofte Cniversity the 91s1 EC meeting held in two
sessioLlS 011 12th Ausmst 2020 and 1 Stl August 1020 considered the maner and unanimously- ~
resolved TO authorize the University to develop 0Jl altemative admissions process in tile evem
tlwt CLAT 2020 was not conducted on September 7th 2020
On August 28th the Executive COlllmittee of the COllsortiull of National Law Universities
postponed CLAT 1010 from September 7th to September 28th 2010 III these circulIlstances
NLSIU is compelled to conduct a sepmate admissions process forthe Academic Year 2020-2 L
I reiterate that NLSIU will continue to discharge all its responsibilities as a Founder )middotlember of the COllS011iulll Rncl the Vice-Chancellor in his capacity as ex-officio Secretary-Treasurer shall
extend all necessary SUppOH to the Consortium for the SUCCessful condlct of CLAT 2020 at the
earliest possible date
I am continuously available to clarify any of these developments on the email and the phone e
request yon to take all necessalY steps 10 connmlllicale this to all students who have registered for CLAT 2020 as we lllUICt conduct the admissions process with the least possible
disl1lptioll
Sincerely
Sarasu E1her Thomas Registrar NLSIC
Copy to
(1) vIr Bahaj Chaul13ll CLA T COllvenor (2) Members of the Consortium
~~~2
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AIIIIIIpound1CtfJa R-jrr ~ATIO~AL LAW SCHOOL OF LiDH t7~IVERSITY BEGAIXRl I0 0
PROCTORING PROTOCOLS
THE KATIONAl LAV APTITlDE TEST 2020
NLSIF uims TO ensure that the NLAT 2020 is an accessible smdem-triendly examinmion registered candidares are required TO follow the highest standards ofacademic integrity while raking the res The Proctol1ng Protocols to monitor the examination process are sel om below
middotmiddotmiddotmiddotmiddot~-middot~rmiddot~middotmiddotmiddotmiddot-~middotmiddot-middotmiddotmiddot~middotmiddot ------~~
50 lIalpracticf Ownersbi]l PradoI Ation
1 I111pcfsonation Proctor L Record Malpractice I
~(determined at of _ Do not allow the impersonator to starr candidate validmion the xmninatioll prior to cxanllmnion 3 For PWD candidates both the commencement) candidateS and scribes GOV1 Photomiddot
I ID must be verified bull
2 Inappropriate Proctor Proctors will send a message to such surroul1dings ar teSC candidates Please sweep th canlra location External help ill a circle around me place you are solicited (suspected) taking the assessment and i or (Someone otiler than Please tilt rhe devicemiddot keyboard you pennitted scribes are using for the assessment)present in the vicinitv
1 Candidates to show 8 360-degree view candidate looking ill of the emire room by mming on a mher directions webc8m (Iapmpsidesktopsl or fromcontinllollsly
periodically candidate camera (as directed by proctor) talking communicating (mobile devices) tilt the device
Iin any other manner keyboard as instrUCTed dlh SOIlleone other thrill 3 If any 1llla1lthorised person or penllired scribes unauthorised device is observed in the
candidateS vicinity including but not limited to person(s Othef than permitted scribes HDMI cabies extemal devices projection of the feSt screen etc proctors m terminate the candidates examination attempt
I inUlledlately
4 If the proctor observes a phone rabler other device falling slipping when the device keyboard used for the assessment is tilted proctor to terminate the exam immediately
5 Any candidate who fails to comply with the proctors instruction within 45 seconds will be logged OUl of the examination ProcmfS may permit 10 additional seconds in simations where they ill Ildr ciretiol1 determine that
10 ~-()
3
4
5
6
s
~IaljJractke
T alkingiS peaklngJvIaki ng Gestmes (could include gestures that indicate to the proctor candidate may be using another demiddotic~middotmiddot looking at chat applications InirrofJ other screen etc ) VindQw ~ u (Accessing any other window other than the test vinoo)
I
Lac Face not Detected (Candidate not present in front of systenl)
-fllltipJe persons detected
i Foreign Device Observed (~vlobileT ab letsCa leuia tors etc)
Candidates observed
II OwnerSlliL I
Proctor l
0_
3
Systell1 Ii
0_
Proctor l _
3
LProctor _
3
Proctor i
Proctor L
P~()ct()r Actim the candidate may 110t hay noticed l11essages i1-0111 the proctor in the course of anc~llpting the exarlination Send tlyo yarnings m the cnndidare If a candidate persists with this be11ayio1[ the procmf shalt inform tbe Super Proctor Super Proctor may recommend t11m candidates should be conracted through the system for clarification or disqualified
Candidate will be loggerl our of the -xal - middotl1hafmiddoto~h at~middot1 c1 _ ~UCh - ~ 1 dllC1UY I
accounts for occasional 0Jc~m popmiddot ups Inacyertent errors)
Proctor may issue to candidates when the first tiw attempts afe detected
Send one warnjl1~ If the candidate does nor reUlrn within 45 seconds tennlnate the candidates examination attempt immediately Proctors Jllay permit 10 additional seconds in situations Where they in theit discretion determine that the candidate 111ay not hay noticed
--warning messages 110111 the proctor in the conrse of Jttempting the examination Send one vaming to the candidate
~~~~
If the other person does not leave imrnediatcly tenninatt the candidateS fxaluination rmempt immediately Proctors shall when comempla ring the abo1e actions account for a PVD candidmes fhm may be
_cHsing b Candidates that mav be 3D faring~p
for the exarnination at test centres
Send one wamin to the candidate If the candidate still persists terminate the candidate5 ~xalnination attempt immediately Send one to the candidate
7
i f--
S~o r HalpnKtke OWllerlthiJ Acflim
Headphones Blueworh _ Check if the candidate is only using it Audio devices for microphones purposes fle
plugged into systel11 as an external 3uaclled microphone bur candidate is not wearing earptcef h~adset)
o If the candida does nor comply with
the proctors instructions rermilk1te the candidate s examination attempr I immediarely_- ----+-_--shy
9 Simulmn~ou5 login Proctor L Proctors will observe rhe picmres of nne1l1pts 11mlriple candidates fr01l1 all such dcices
~0 _ If ir is observed rhar someone other rhan the candidate is using snell other d~vic~s proctor to renuinme the exafn immediately
3 If a candidate is observed on all snch Ideices proctor will flag the issue for
the Super Proctors anenrion Super Proctor nlay recoffilllend that
Ibull bull
candidates be contacted through the system for claritlcarion or disqualified Further investigation posr the examination may be carried out with help of audit togs generated on the SYSTem and lLSIU may disqualify the cundidllle upon such I eXaJlJnation
10 Any other malpractices Proctor Super Proctors Super Proctors may in nor describe above Proclor addition to situations where Proctors
Super Proctors detect any potential malpracrices as described above ask the candidate to perform any of the aceions described ill this column titied Proctor Action at any lime and tU
their discretion III addition to the demits set om in
these Prorocols~ the Super Proctors shall haVe the authoriry 10 disqualify a candidate terminate the candidate S examination attempr in the event they detect any act or onssion that docs nol comply with the requiremems of inregriry of a test of the llamre of the -LAT 2020
~OTES
j Instructiolls will provided to candidates on the rest screen as well as in advance of rhe examinarioll in a Candidare MannaI in relation to sinrariolls such as power ems internet
3
lo~ faiiures The assessment system used for the NLAT ~020 may permit the candidate to continue ansrering the question paper In events of internet failure hoyever this is subject to the Proctors discretion and subject TO the candidate system re-connecting to the examination interface it11i11 the rhlle and in the l11anner stipnlated ill the Oll~$creell instmctions and the Candidate ManuaL lilile every attempt shall be made to ensure that commullications instructions and requests promptly are delhered to candidates during the examination process candidates shall have the responsibility to ensure that they respond to such communications messages instructions and requests promptly
3 NLSIU reserves the right upon conducting a derailed and thorough sCl1lriny ofrhe system reports generated for short1isted candidates after the exanlination to any such candidates test scores in the event the system reports in KLSICs opinioll reveal any act or omission tllat does no comply 1rh the req1irements of of a res of the namre rhe NLAT 2020
4 NLSIU rnay re-iey update these Protocols at any tilne prior ~o the exarninarlon at discretion All registered candidates shall be Infof1ned of such elSlOllS l1pcla~s prior ro time of their examination
0-+ A~exURR-IebullNATIONAL LAW SCHOOL OF INDIA UNIVERSITY
Post Bag No 7201 NAGARBHAVI BENGALURU bull 56C 242 (Old Code No 560 (72) INDiA
T6efax OSQ 2321 31602315 Q532 535 Fax 080 2316 0534 Website VhOIS(1CT EmaM
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J A University for Lega Studies and Research sponsored by the Bar Council of IndJa and established under Karnataka Act 22 of 1986
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
IN WRIT PETITION (CIVIL) NO1030 OF 2020
IN THE MATTER OF
RAKESH KUMAR AGARWALLA amp ANR PETITIONERS
VERSUS
NATIONAL LAw SCHOOL OF INDIA UNIVERSITY
BENGALURU amp ORS RESPONDENTS
APPLICATION ON BEHALF OF RESPONDENT NO1
SEEKING EXEMPTION FROM FILING DULY ATTESTED
ORIGINAL COUNTER AFFIDAVIT
TO
THE HONBLE CHIEF JUSTICE AND
OTHER HONBLE JUDGES OF THE
HONBLE SUPREME COURT OF INDIA
THE HUMBLE APPLICATION OF THE
RESPONDENT NO1 ABOVE NAMED
MOST RESPECTFULLY SHEWETH 1 That the respondent No1 is filing the accompanying Counter
Affidavit of its authorized representative in the present matter
2 That the Respondent No1 craves leave of this Honble Court to
refer to and rely upon the contents of the accompanying countershy
affidavit
loi 3 That due to the situation prevailing on account of corona virus
pandemic the authorized representative of the respondent No1
is unable to get her Counter Affidavit duly attested f notarized
Accordingly the respondent No1 is constrained to file the nonshy
attested signed affidavit in support of the present countershy
affidavit
4 That in the light of the above-mentioned facts and circumstances
which are beyond the control of the Respondent No1 it is
imperative that the Respondent No1 is exempted from filing the
duly attested Affidavit in support of the present counter-affidavit
5 That the present application is made bonafide and deserves to be
allowed in the interest of justice
PRAYER
It is therefore most respectfully prayed that this Honble Court
may graciously be pleased to allow this application and
(i) Exempt the Respondent No1 from filing of the duly attested
original Counter Affidavit and
(ii) Pass such order(s) as this Honble Court may deem fit and proper
in the facts and circumstances of the present case
AND FOR THIS ACT OF KINDNESS THE APPLICANTS AS IN DUTY
BOUND SHALL EVER PRAY
FILED By
~ (KUMAR DUSHYANT SINGH)
ADVOCATE FOR THE RESPONDENT No1 FILED ON 14092020
ItJ1
iN SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
IN WRiT PETITION ViL) NO1030 OF 2020
rnON[HS
VERSlS NnOiIL LNV SCHOO GF INDiA UrJ1VERSiTY
l~G Ul-ZU amp OFS
AFFIDAVIT ) fhO[vlS fv1L Nt Thornas
years at Faculty Quarters Block 2 National ind Nagarbhavi Bengaluru 560072 do afffr and statG on oath as under
the Respondent NO1 in the present
VJith of the case and
affirrn to this affidavlt
2 the contents of accompanying application exenlption are
true correct ~o my Knowledge and belief nOthing rrt3hrial
llas concealed ti
VERIFICATION
at Bengau(u on)~ cay of September 2020 that the
contents of above affidavit are true and correct to my knOWledge and
and nothIng rnateria has concealed therefrom
Brief Background regarding Historv ofAdmissions to NLSIU and Genesis of eLA T
12 From inception NLSIU has had autonomy in determination of its
admissions process The mode of admission into the University
was originally fixed by the Executive Council in its first meeting
dated 29081987 to 30081987 wherein it was decided as
follows
I The draft proposal of the Academic Council to Actions have the selection of the students done through will be an All India admission test and interview was taken as approved The procedure for admission Test per the and the selection may be decided by the decision Academic Council and implemented by the of the Director However the Executive Council Executive disapproved the recommendation of the Council Academic Council to pay one-way second-class train fare to the students called for the interview
The Council noted the sample objective type question paper presented by the two experts on the request of Professor Upendra Baxi However the matter for finalizing the test was left to the Academic Council and the Director The Council noted the format of admission Test provided by MIs RC Mishra and CB Dwivedi of Banaras Hindu University as the instance of Professor Upendra Baxi
True Copy of the relevant extract of the Minutes of the First
Meeting of the Executive Council is annexed herewith and
marked as ANNEXURE-R-11 (Page No l-40)
13 Pursuant thereto the Academic Council of NLSIU met on
12121987 and resolved the final procedure for admission True
Copy of the minutes of the meeting dated 12121987 is annexed
herewith as ANNEXURE-R-1I2 (Page No 51)
14 Until 2007 NLSIU was conducting its own entrance examination
for admissions into its various programmes Pertinently even till
date NLSIU continues to conduct its own admissions process for
the MPP programme and Ph D programme mentioned in
paragraphs 1 O(c) and 10(d) above
15 In or around 2007 in the backdrop of proceedings before this
Honble Court in Varun Bhagat v Union of India and Ors
wP(C) No 68 of 2006 a meeting of the (then-existing) seven
National Law Universities was convened by the Ministry of
Human Resource Development to consider implementation of a
joint entrance examination for admission to the said NLUs The
seven NLUs entered into an MOU to conduct a common test
J known as the Common law Admission Test (ClAT) It was
agreed that each participating University shall conduct the exam
by rotation The matter of adopting such a common entrance test
was also deliberated by the Executive Council of NlSIU in its
meetings dated 27012007 and13052007 wherein the
Executive Council directed that NlSIU should ensure it plays a
lead role in implementation of such common entrance test True
Copy of the minutes of the meeting of the Executive Council of
NlSIU dated 27012007 is annexed herewith and marked as
ANNEXURE-R-113 (Page No +)
True Copy of the minutes of the meeting of the Executive Council
of NlSIU dated 13052007 is annexed herewith and marked as
ANNEXURE-R-114 (Page No S 16 Thereafter the ClAT process itself was called in question before
this Honble Court in two separate proceedings ie Shamnad
Basheer v Union of India WP(C) No 600 of 2015 and Disha
Panchal v Union of India WP(C) No 551 of 2018 In Disha
Panchars case where grievances relating to ClAT 2018were
raised this Honble Court directed the Ministry of Human
Resource Development to appoint a Committee to investigate
1o CLA T 2018 suggest remedial measures and look into future
arrangements for the exam and this Honble Court also observed
that the idea of different NLUs conducting the exam each year
needs to be revisited In Shamnad Basheers case four issues
were raised regarding CLAT namely (a) the decision of the
Universities to conduct the exam in turn by rotation (b) the
quality of the exam itself (c) the integrity of the exam and (d)
issues relating to accessibility particularly amongst
underprivileged segments of society
17 The concerned NLUs in this backdrop and independently of any
directions of the Honble Courts in the said proceedings resolved
to establish a Permanent CLAT Secretariat at NLSIU Bangalore
by incorporating a registered society namely the Consortium of
National Law Universities A plain reading of the Memorandum of
Association and Bye-Laws of the Consortium clearly
demonstrates that the objectives and purposes for which it was
formed were multifarious in nature and not restricted to
conducting the entrance exams The concerned NLUs further
decided that the said society would be responsible for conducting
the exam under the leadership of the Consortiums Executive
Council Based on the said decision the Respondent NO3 (the
Consortium) was formed as a society under the Karnataka
Societies Registration Act 1960 NLiSU was given a central and
prominent role in the Consortium and it was decided that the
Secretariat would be permanently located at NLSIU Bangalore in
order to address the concerns raised in Shamnad Basheers
case
18 The Petitioner in the said case however(relying on an Expert
Committee Report submitted in Disha Panchals case
recommending that a government agency be mandated with
conduct of CLAT sincemiddot rotation-based implementation by
individual colleges was undesirable which Report had been
submitted prior to constitution of the permanent Consortium
Secretariat) pressed for the National Testing Agency to be
entrusted with conducting CLAT This Honble Court vide its
latest Order in the above proceedings dated 28112018 directed
the Ministry of Human Resource Development to convene a
meeting amongst the stakeholders to consider this prayer True
Copy of the order dated 28112018 in wp(C) NO600 of 2015
12 titled as Shamnad Basher Vs Union of India is annexed
herewith as ANNEXURE-R-1f5 (Page No amp-I-J) However thereafter there have been no further proceedings in
the said case
19 As is clear from the foregoing establishment of the Consortium
and CLA T were purely voluntary decisions taken by the
respective NLUs pursuant to deliberations amongst them and in
order to resolve issues and concerns that had been raised by
various stakeholders including in the afore-described
proceedings before this Honble Court Further and specifically
to the best of the Answering Respondents knowledge - and on a
perusal of the various Orders of this Honble Court in the
aforesaid proceedings- it is crystal clear that this Honble Court
did not issue any directions to establish or implement either a
common law entrance exam or a Consortium of National Law
Universities In fact even the Petitioners do not rely on any such
Orders
20 The voluntary nature of participation in the Consortium and
consequently CLAT is also established by the fact that the Bye-
Laws of the Consortium itself provide for voluntary withdrawal
13 which could never have been permitted if the Petitioners
contention that it was the result of Orders of the Honble Court is
correct
21 NLSIU as a party to the deliberations amongst the NLUs
described above has been at the forefront of implementing
CLAT and also taking continuous measures to enhance and
improve the CLAT admissions process right from the inception
and till date
Events relating to CLAT 2020 Inordinate Delay in Holding CLA T 2020
22 Even for the Academic Year 2020-21 NLSIU actively partiCipated
in the announcement and implementation process of CLAT 2020
23 As per the original schedule for CLAT 2020 the exam was to be
conducted on 10052020
24 However starting from March 2020 and thereafter the
Consortium resolved from time-to-time to reschedule the CLAT
2020 due to the COVID-19 pandemic as follows
Date of decision to Rescheduled Rescheduled Decision reschedule from - Date to- Date taken by
21042020 10052020 21062020 General Body
18052020 21062020 To be notified Executive Council
14shyI
29062020
05082020 I
10082020
28082020
NA
I
22082020
NA
07092020
22082020
To be notified
07092020
28092020
Executive Council
Executive Council
General Bodv
I Executive bullCouncil
25 As is clear from the foregoing CLAT 2020 which was originally to
be held on 10052020 now stands delayed by more than four
months to 28092020
26 The aforesaid decision to postpone CLA T 2020 to 28092020
would have compelled NLSIU if it were to rely on CLAT to
complete its admissions to declare a Zero Year ie forgo
admissions into the first year of its BA LLB and LLM
programme for the reasons explained hereafter
27 NLSIU amongst 23 NLUs is the only NLU which maintains a
trimester system-based academic calendar The trimester system
is implemented as per the decision of the Executive Council of
NLSIU in its 4th meeting held on 11091988 The Executive
Council in the said meeting decided that each Academic Year
shall be divided into 3 academic terms of mandatory 70 working
days each True Copy of the relevant extract from the Executive
S Committees Resolution dated 11091988 is annexed herewith as
AN N EXURE-R-1 16 (Page No J)
28 The requirement to hold mandatory seventy working days in each
trimester rests on the fact that NLSIU offered a novel integrated
five year dual-degree programme that would otherwise take six
years to effectively deliver In this backdrop in order to comply
with applicable UGC guidelines and justify a five-year
programme the University devised a trimester-based model
which could sustain the additional workload and justify the five-
year timeframe The same therefore necessarily requires an
academic year to be at least 285 days long (even if the usual 15
days break at the end of each term required for evaluation and
analysis is reduced to 5 days) A detailed note explaining the
aforesaid timeframe required for completion of an academic year
are annexed herewith as ANNEXURE-R-17(Page NOT~
29 Therefore the requirement to complete 285 days in the Academic
Year 2020-21 coupled with the requirement to start the next
academic year (2021-22) on 01072021 meant that NLSIU has
to start its first-year classes for the Academic Year 2020-21 by no
later than 18092020
I 30 Pertinently the impact of delays in CLAT on academic calendars
is not only real but also felt by other institutions For example
Nirma University which conducts its LLM programme on the
basis of trimester system was constrained to withdraw from
CLAT 2020 due to the delays in conduct of the same True Copy
of the Communication of Nirma University to the Registrar of
NLSIU dated 12092020 is annexed herewith and marked as
ANNEXURE-R-1S (Page NO-=t-)
NLSIUs Efforts to Complete Admissions through eLAT 2020 Process
31 NLSIU in view of the need to complete admissions and
commencement of the course by 18092020 made substantial
bona fide efforts to convince the Consortium to facilitate the
conduct of CLA T 2020 in a timely manner
32 The Respondent No2 has in his Counter-Affidavit laid out the
efforts made by him to avoid postponement of CLAT 2020 NLSIU
adopts the averments made in this behalf in full True Copy of the
table prepared by the Respondent No2 and produced in his
Counter-Affidavit describing the said efforts is annexed herewith
as ANNEXURE-R-19 (Page No i1f~
33 Further in light of the repeated delays when CLAT 2020 was
postponed on 28082020 to 07092020 NLSIU also proposed
several alternatives to the Consortium which would enable
universities to complete their admissions within the timeframe
required whilst leaving it open to members if they so choose to
delay their admissions process The options furnished were (a)
for NLUs to proceed with their own admission process for 2020shy
21 (b) allow for CLAT 2020 to be conducted in two series so that
Universities may choose an earlier or later date and (c) for NLUs
to admit CLAT-enrolled students to appear for separate exams
conducted by the NLUs with no further need for registration or
fee payment However the members of the Consortium did not
agree to any of the alternatives suggested Subsequently on
10082020 the General Body of the Consortium met and
decided to hold CLAT 2020 on 07092020 If CLAT 2020 was so
held it would have enabled NLSIU to complete the admissions
process in time to meet the requirements of its academic
calendar
Faculty and Executive Council Decision re Alternative Admissions Process Announcement of NLAT 2020
34 The Faculty of NLSIU at their meeting dated 06082020 had
considered a short presentation made by the Registrar of NLSIU
on the effect of the postponement on NLSIUs admissions cycle
and academic year and noted the dangers of a Zero Year
including loss of talent to the University loss of opportunity by
students to study at NLSIU and monetary losses over 5 years
The Faculty in this backdrop unanimously resolved that NLSIU
needed to take all measures necessary to avoid a Zero Year
True Copy of minutes of the faculty meeting dated 06082020 is
annexed herewith as ANNEXURE-R-110 (Page NOI)
35 As the continued delays in CLAT 2020 would frustrate NLSIUs
academic calendar the Executive Council at its 91 51 Executive
Committee meetings dated 12082020 and 18082020 resolved
and directed the University to implement an independent
admissions process if the CLA T 2020 was further delayed beyond
07092020 True Copy of the draft minutes of the 91 s1 Executive
Council meetings dated 12082020 and 18082020 is annexed
herewith and marked as ANNEXURE-R-111 (Page NO +- tamp)
Efforts taken to Implement NLA T 2020 Effectively with Engagement of All Stakeholders
36 NLSIU being left with no other alternative had to act with alacrity
to complete the admissions process and commence classes by
18092020 and avoid a Zero Year
37 In this backdrop and pursuant to the directions and instructions of
the Executive Council at the meetings dated 12082020 and
18082020 to devise alternative methods to complete
admissions the Respondent No2 convened a Admissions
Committee to consider the modalities for completing admissions
The Admissions Committee considered three options for
admission for incoming students First a centre-based computer
entrance examination Second a home-based online examination
for all students and Third a three-stage process providing weight
age to 10+2 marks online entrance examination and an
interview
38 The Admissions Committee in weighing the feasibility of the
aforesaid options took into account all relevant factors including
the time constraints and costs the requirement to ensure that
candidates are not put to any undue disadvantage as a result of
the decision and also the prevailing practice of NLSIU prior to the
introduction of the CLAT to conclude that an entrance test
conducted online at the earliest and with the lowest possible
application fee would constitute the most fair transparent and
accessible admissions process in the above circumstances The
Admissions Committee expressly noted that the said approach
would be in line with the decision of the Executive Council in its
meeting dated 28081987-30081987 as also the subsequent
decision dated 12121987 of the Academic Council whilst
implementing the aforesaid view of the Executive Council (which
decisions are more fully described hereinafter)True copy of the
Report of the Admissions Committee is annexed herewith and
marked as ANNEXURE-R-112 (Page No S=J) 39 On 31082020 NLSIU convened a Faculty Meeting and the
proposals of the Admissions Committee were duly deliberated
and accepted The Faculty unanimously agreed that a separate
admissions procedure would be in the best interests of the
students and NLSIU True Copy of the minutes of the Faculty
2 Meeting dated 31082020 is annexed herewith and marked as
ANNEXURE-R-113 (Page N0-11)
40 Pursuant thereto the Vice-Chancellor formed a team consisting
of faculty members and professionals to finalize the modalities of
the examination and also appoint after evaluation the
appropriate service providers to facilitate the conduct of the
examination
41 Thereafter once these actions were completed by the said team
and the modalities were frozen the Respondent No2
communicated I caused to be communicated through the
Registrar the final arrangements to the Nominee of the
Chancellor the Executive Council the Faculty of NLSIU and also
the Consortium itself The details regarding the same as also the
conversation between the Respondent No2 and the nominee of
the Chancellor of NLSIU are averred by Respondent No2 in his
Counter-Affidavit NLSIU craves leave to adopt the said
averments True Copy of the Communication dated 03092020
regarding NLA T 2020 issued to the Nominee of the Chancellor
and Executive Council members is annexed herewith as
ANNEXURE-R-114 (Page No ~V
True Copy of the Communication dated 03092020 regarding
NLAT 2020 addressed to the Faculty of NLSIU is annexed
herewith as ANNEXURE-R-115 (Page No -1) True Copy of the Communication dated 03092020 regarding
NLA T 2020 addressed to the Consortium of National Law
Universities is annexed herewith and marked as
ANNEXURE-R-116 (Page No It)
42 Therefore the decision to hold NLAT 2020 was notified on
03092020 only upon completing the processes described
above and with due and full disclosure to internal stakeholders
the Executive Council as also the Consortium itself
43 It is in the above factual backdrop and pursuant to permission
granted by this Honble Court in its Order dated 11092020 in the
above proceedings that NLSIU has implemented NLAT 2020 with
a view to avoid declaring a Zero Year
RE LEGALITY OF NLAT 2020
Re Statutory Power of NLSIU to Convene NLA T 2020 Scope of Executive Councils Powers under Statute
23 44 NLAT 2020 is implemented by NLSIU in the aforesaid factual
backdrop and in exercise of its statutory powers and functions
Pertinently it is implemented pursuant to and in terms of the
express decision of the Executive Council in the 91 stExecutive
Council Meeting wherein in the second session of the said
meeting held on 18082020 it was resolved as follows
The Executive Council unanimously reconfirmed this resolution to empower the Vice Chancelor and the University to conduct an independent admission process in the event that CLAT 2020 is delayed furthet
45 The power of the Executive Council to make this decision is
manifest from Section 10 of the NLSI Act which provides as
follows
10 The Executive Councilshy
(1) The Executive Council shall be the chief executive body of the School
(2) The administration management and control of the School and the income thereof shall be vested with the Executive Council
46 Even as per the settled law laid down by this Honble Court in
TMA Pai Foundation v State of Kamataka (2002) 8 SCC 481
the right of the educational institution under Article 19(1 )(g) of the
Constitution as recognised by this Honble Court encompasses
the right to admit students In the said Judgment at para 50 this
Honble Court held as follows
50 The right to establish and administer broadly comprises the following rights
(a) to admit students (b) to set up a reasonable fee structure (c) to constitute a governing body (d) to appoint staff (teaching and non-teaching) and (e) to take action if there is dereliction of duty on the part of any employees
47 As a matter of historical practice as well the Executive Council is
the supreme authority which is empowered to take decisions as
the chief executive body of the school The same is evidenced
from
a The decision of the First Executive Council meeting dated
29081987 - 30081987 wherein the mode of admission
is decided (produced above as Annexure R 1) and
b The decision at the Executive Council meetings dated
27012007 and 13052007 regarding admission through a
common entrance test (produced above as Annexure-R-13
and Annexure R-14 respectively)
2S 48 It is therefore indisputable that the determination of the method
of admission to NLSIU vests under the statute with the
Executive Council
49 The related contention that the Executive Council cannot decide
on the mode of admission without reference to the Academic
Council is misconceived The said contention is asserted on the
basis of conditionality imposed by the Second Proviso to Section
13 of the NLSI Act requiring that the Executive Council seek the
concurrence of the Academic Council before making amending
or repealing any regulations regarding the mode of enrolment or
admission of students As is clear from a plain reading of the said
provision the requirement for prior concurrence arises when the
Executive Council exercises its power to make regulations
50 In the present case there are no extant regulations in place
regarding or in respect of admissions into NLSIU
51 It is well-settled as per the law laid down by this Honble Court in
PTC India vs Central Electricity Regulation Commission (2010) 4
SCC 603 that the executive or administrative power vested in a
body under statute can be exercised independently of and
without recourse to subordinate legislative power vested in it
under the same statute In the present case the Executive
Council has exercised its executive or administrative power
which is not conditioned in any manner
52 The other contention sought to be urged in this regard that the
Vice-Chancellors decisions to hold NlAT 2020 do not fall within
the scope of are not authorized by the aforesaid decision of the
Executive Council dated 1218092020is also misconceived In
the first instance the said contention is wholly false for reasons
stated in the Counter-Affidavit of the Respondent No2 (the Vice-
Chancellor of the Respondent NO1-University) and the same is
fully reiterated herein In any event the said contention is also
untenable in law in view of Regulation 12 (re the Executive
Councils powers of delegation to the Vice-Chancellor)
Regulation 18(2) (re the Vice-Chancellors powers co-extensive
to the Executive Council) and Regulation 18(5) (re the
emergency powers of the Vice-Chancellor)
Re NLSIUs Power and Right to Conduct an Alternative Admissions Test to CLA T 2020 is not Constrained bv Orders of the Honble Courts
2~ 53 NLSIU adopted CLAT for purposes of admissions on a voluntary
basis
54 It is denied that there are any judicial directions to the NLUs to
hold CLA T In fact the Rajasthan High Court in respect of a
prayer for directions to NLU Delhi to admit students through
CLAT refused to do so in the case of Law Prep Tutorials Pvt
Ltd v Union of India DB Civil WP(PIL) No 754 of 2017 by
holding as follows
So far joining or not of a particular University in the Common Law Admission Test is concerned as at present we are unable to find any specific legal requirement where for any particular University may be directed to join the Common Law Admission Test by the Court Further the issues as to how the admission process and the examination process is to be conducted are required to be left for the decision and execution by the organising University Therefore as regards prayers Nos 4 and 5 we are not persuaded to entertain this petition
[Emphasis supplied]
55 The convenor of CLAT at that time viz Gujarat National Law
University was a party to the above case Therefore the
Consortium now cannot contend that CLAT is a mandatory
requirement for NLUs which contention is squarely contrary to
the aforesaid finding
56 In fact the Petitioners themselves do not rely upon any directions
of the Honble Courts in relation to establishment of CLAT or
adoption of the same The reference made to the Preamble of the
Consortiums Memorandum of Association in this behalf is
misconceived The language therein clearly depicts that this
Honble Court directed the Ministry of Human Resource
Development to convene a meeting amongst NLUs and the NLUs
then proceeded to consider the matter and resolved voluntarily
to conduct the CLAT exam The relevant recitals in this regard
as extracted below
AND WHEREAS on the direction issued by the Honble Supreme Court in Varun Bhagat v Union of India [WP NO68 of 2006 decided on 23112007] and due deliberations made by the University Grants Commission Ministry of Human Resource Development Government of India and the Council with the first seven NLUs the idea to conduct a combined test for all the thenshyexisting NLUs was conceptualized
AND WHEREAS seven existing NLUs in the year 2008 signed the Memorandum of Understanding dated November 23 2007 [the MoU] to hold a combined admission test to be organised by an NLU on rotation basis in the order of seniority
57 There are no Orders whatsoever in any of the proceedings
before this Honble Court requiring that CLAT be implemented It
is reiterated that the Petitioners themselves have neither referred
to nor produced any such Orders
58 The fact that the decision to stop implementation of the exam by
each participant-NLU on a rotational basis the establishment of
the permanent consortium and the inclusion of new universities
did not require any approval from this Honble Court also belies
the contention that the requirement to conduct CLAT arises from
Orders of this Honble Court
59 Further the fact that directions for modification of the process are
sought in Shamnad Basheers case have been entertained
without requiring the Petitioner therein to file a Review Petition
also establishes the said fact
Re Bye-Laws of Consortium
60 The contention that NLSIU is bound to admit students only
through CLAT in terms of the Bye-Laws of the Consortium and
specifically Bye-Law 1533 is entirely baseless for the following
reasons
c The Bye-Laws are a subordinate charter document binding
on the members The same cannot detract from or inhibit
the plenary statutory power conferred on the Executive
Council by the NLSI Act
d In any event Bye-Law 1533 relied upon by the
Petitioners does not have the effect as claimed by them
The said Bye-Law merely requires members in order to
eligible for membership to the society to adopt CLAT as a
mode of admission When read keeping in mind its object
and purpose the said Bye-Law cannot be construed to
require any member of the Consortium to admit students
only through CLAT even if the CLAT is not held ie the
Bye-Laws can never require a member to not admit
students at aiL
e In fact the Consortium itself has not understood or
implemented the Bye-Laws in this manner as is apparent
from the fact that all the NLUs are admitting students into
various programmes carried out by them (other than BA
LLB and LLM programmes) throughout without reference
to CLAT Therefore it is clear that all admissions to the
3National Law Universities are not on the basis of the CLAT
exam Therefore the contention that Clause 1533 of the
Bye-Laws compulsorily requires admissions to be based on
the CLAT is untenable and without basis
f Even assuming without admitting that the Bye-Laws have
the contended effect the same can only be actionable at
the instance of the society or any other members
Re NLAT Process
61 NLSIU as demonstrated above has the right to conduct its own
admission process in terms of its own statute In exercising this
right NLSIU has taken immense efforts and steps to ensure that
the test is lawful and also fair and reasonable
62 In the first instance the NLAT 2020 meets the triple test ie it
must be fair transparent and non-exploitative The NLAT 2020 is
fair insofar as it ensures an examination process that is
intellectually rigorous and meets the standards of integrity in order
to suitably judge the merit of ali candidates The selection of
candidates is based solely on their scores in the entrance exam
It has also been designed and implemented in a transparent
3) manner The examination is transparent as details thereof as
also the reasons therefore have been set out in detail through the
impugned notification NLAT 2020 is also implemented in a non-
exploitative manner by limiting the application fee for the test to
just RS150- for general candidates and Rs125- for SC and ST
candidates in order to ensure that students are not put to financial
burden due to the NLAT Further since the exam is an online
home-based examination students do not need to physically go
to an additional test centre
63 Apart from the same the authorities have also taken various
measures to ensure (a) accessibility and (b) prevent malpractices
These include
g NLSIU significantly relaxed the technological requirements
for candidates allowing them to take the examination with
minimal internet speeds and using a wide variety of
devices including Android smart phones and tablets
NLSIU also made available as many as 33 physical test
centres across the country in order to provide access to
students lacking the necessary infrastructure to appear for
~3 NLAT 2020 from home NLSIU further ensured that
necessary health and safety protocols were rigorously
adhered to at the said physical centres
h With a view to prevent malpractices NLAT 2020 is making
use of a combination of AI-based and human proctoring
Additionally the test structure has been designed in a
manner that minimises the possibility of candidate
malpractices This includes candidates not being able to
revisit a question that they have already viewed and moved
past and the randomisation of the sequence in which
questions are displayed to candidates Furthermore the
questions for the NLA T 2020 have been drafted in a
manner that requires interpretative answers which
minimises the utility of referring to the internet or other
sources for answers Since the examination is an online
examination all relevant data (including webcam recording
sound recording keystroke information data relevant for
facial detection window switches etcetera)necessary to
detect malpractices are stored and available with NLSIU
The said data will be critically reviewed and analysed prior
to completion of the admissions process Therefore even if
any malpractice has occurred the same will not and
cannot result in a student gaining admission to NLSIU
through unfair means The Proctoring Protocol established
by NLSIU to effectively detect candidate malpractice is
annexed herewith as ANNEXURE-R-117 (Page NO
64 Pursuant to the aforesaid efforts made by NLSIU to ensure
admissions to its programmes and avoid a Zero Year and
pursuant to the Orders of this Honble Court permitting NLSIU on
11092020 to conduct NLA T 2020 a total of 23225 UG
candidates and 2846 PG candidates appeared for the
examination on 120920200f this number a total of 122 PWD
candidates appeared for NLAT 2020 True Copy of the press
release issued by NLSIU on 12092020 depicting the said facts is
annexed herewith as ANNEXURE-R-118 (Page NOD4-)
65 In order to address any concerns that may arise amongst
candidates who have taken the exam NLSIU has also
established a three-stage comprehensive redressal mechanism
comprised of
i Technical Review Committee This Committee is
constituted to consider queries raised by candidates
regarding any technical difficulties in the NLAT 2020which
could be raised online within the web portal itself The
Technical Review Committee consists of Dr Sony
Pellissery Dr Kaushik Babu and Ms Apoorva Gupta
j Objections Committee This Committee is set up to
consider objections submitted by candidates in response to
the Answer Key for NLAT 2020 The Universitys
Objections Committee comprises Prof (Dr) Sarasu Esther
Thomas Prof (Dr) Mrinal Satish Prof (Dr) Arul Mani and
Assistant Prof (Dr) Bipin Sony The Objections Committee
will release the Final Answer Key on 14th September 2020
k Grievance Committee This Committee is constituted to
address any grievance raised by candidates who appeared
for NLAT 2020 following the announcement of results It
comprises Honble Justice Nag Mohan Oas Prof Babu
Mathew and Prof (Dr) Sarasu Esther Thomas
66 A small number of candidates made submissions to the Technical
Review Committee that they had faced technical difficulties during
the exam In order to eliminate any apprehensions of these
candidates that technical issues would affect their outcome
NLSIU has offered them an additional slot on 14092020 to take
the examination subject to stringent conditions to ensure integrity
of the examination All measures to avoid malpractice are
implemented in respect of this additional slot as well
67 The fate of these students is now entirely dependent on the
admissions processes being completed as per the aforesaid
schedule and commencement of the academic year on
18092020 Unless the same is done NLSIU will be constrained
to declare a Zero Year Consequently not only will 120 students
lose the opportunity to join their studies at NLSIU (or at the very
least lose one year in order to apply again next year) but the
same will also impact admissions in all other NLUs since - as the
first preference law school for most - the Zero Year at NLSIU will
have a cascading effect on all admissions to all NLUs
68 Hence there is no legal or equitable bar to conducting the NLAT
2020
69 It is submitted in this context that NLSIUs inability to complete
admissions will irretrievably damage the University and result in
significant impact on not only its finances but also the public
perception of the university Moreover the same will have a
cascading effect on the effectiveness of NLSIUs academic
programme and result in loss of an entire batch of graduating
lawyers in five years time All of these adverse consequences
will impact NLSIUs standing in the legal education sector
70 Hence it would be in the interests of justice and equity that
NLSIU be permitted to release the examination results of NLAT
2020 and complete its admissions so as to commence the
academic programme in a timely manner and as per its revised
academic calendar
It is therefore submitted that the present Writ Petition may be
dismissed with exemplary costs
I
DEfi~tifiNtTi~ VERIFICATION
p~) 8atl N-lti 20t 14301 Verified at Bengaluru on this 14- th day of September 202~th~fthe
contents of above counter affidavit are true and correct to my knowledge
and belief based on records maintained by Respondent No1 in the usual
course and nothing material has been concealed therein
Icti )n Tacn 6 AN-e)(~~ ampcent
Th Council noted the QrcDos~l to hmiddotve thE Fmiddotc-jernic ltct ivi ties frorrshy th comincly~r
1 Heiular coursplusmns it ttc undergr~dll2~tc n( post qrdu~te lC-vels l~dinc to decrrccdiplom2
followinq Ph0 )~clt-nif_rh-~-ti~-~s
b- i rc the an~~ vlhr11 (-
~1 tTl- shy
2 ~ fz-fr0-lhr C011rs-s
)~~ c s clt) rtC 1 -fJd lt0
~ p~~middotsmiddotmiddotr(J lcejccts on diilt~~-cnt it~JCS ~)y C)trncit3J instituLiorL~ (He Jtshy -----qf)C--l s
1 Duhlic2tian Df 10q~1 tExt c~s ]2 i13 ~ L~) _(~ETlal
b()o~s 2nd m~t~ri8J3 jshy
C
1( y(t teshy be tltmiddotlul1 ((1 by tt1~
bz-~ ~Ub1i-dt-t--ct 1 t tLc r)-iC~tivc
(1 s Coune 11
h 1-~ Et rroicsosl of the c(c~dfmj c Counci 1 to 3-21vt the --Ict~)r cf tLc stud~nts dor thrcuclh 2n 11 i adndssi-J t ~t -0-1 if~t rimiddot-t -5 argt~coVid~ Ill to ~dmi--si~n T ft lt~~ t~middot s-J fctiun my t d-cidcmiddotd by t1)c 7c~thrric C8UTci -gt - i -~ltiltc by th~middot Igtir cto[ ~ Hgtw0V(r~( th ExecutivL CcrtJncil
~ j -rgtJ~--il th- nc~)Dnlrdftlon of th c-c3~~m CcunciJ to p Qneuro ~Y ~~co~~ clss tr3in f~r2 to the 5tcdents call~d for the i n ~~ tv i i ~
l~cti~l hdll be th~1 (~cC is j n Cunci]
takn (s p~c
tbr SXG (u t i v~middot
ttlC cxpcrts ob j ect i JC
thmiddot- CCCfU st l-cfessor i3axi
(cr tJ~=- tTFltty of filisino tJ1(~ 1i_st W$ l~~ft to thc rc-r~--it lt ---~()un~il -gtn~ tr2lt ~j r-ctcr~ rb SouDcil not0d tb~--- f03-mt of 1lrpissicp gt1 pcovidoc t~B~H~~~istre And Cf) Dvrivlt~di of E~~- s tinl-t) lJnivccsity middot13 trc in~t~nCl of Professor L- 8lt=1)()
(J)
p~-nncnt 8cmiddot~ordinqJ y (f ~~ 2 f ano ~ 1 ~--t ~ ~_
F)utr0riS2d t(0 DIJTctoy to gtJrit( ~--~n~irjJ tb~-
or cr-j r cGrtrjb~tt on 0r cxpcnslts invGI vLd in ocqgtnisinq c~h t0St tnd intevicTl
nmiddot tc)u11cil porovmiddotd d t middotlllotmDt of 0D ~n~ount not )(_lt0inc rl~ 1~O)CltgtOO Ih Council tllI~U-_~ d~-ci t~t th~~
2~11i[~lon to th~ Is y~r LLS C2S~ b2 limited to 80 slu~~nts - n 4J[ Ll ~~7 ~J~~r thmiddot (-r3Fis~ion b ] imid tc l(i stud1tSb The -p- 1ic3tj()r f~( for ~drission test ~nd intrvi---d r0Y b~ fixed -1 12-~OO for LL~ ~~I thoc-n it Ty bE- CJhlCSC La fs SO- ir t1~middot c~s~ ~f sc~~ C~n~i~~t~s~
It middotr- -~ r_-j Limiddotj middott b i r~q rS iqc~t i~l jni 1 s i tyf the lt )O~ v11J --v~ c__ ~rrnc ~ ccc~r---oqti(jn f)r th~ cut st~li()n Bt(1(J1~
~ 1 c_ a [0- Adrnissiona The Executive Council wAntc~ tn2 ist~r
tmiddotmiddot c-)n Lor tyenit~ tYk (Jv-~nrrnt 5 (11 cS th~ oth~r ~hlcmiddot~ti()n21
In3tit~ut]~)j)S in tl-k City itcludino thmiddot Universit1 laquobout tts ivlil ~bility otmiddot tl hos~(] gtcccTirDodtlon for th~ - [cw Schrol students ( 6( i-1D1 2n ~tllmiddotlp ) hrJ~rQpri~dE propos2- in is r~q--gtld ITfIyor
b put Ul di t1i tr-middot ] of t~-~ lCrld-~lic Council in the next rnz-~~~tinG T)- ~chc)CJl CBTl _~ls() cODsicfr tIl tt=rn of Ii pqrcv~-d h-usinq eS 2xisting in Sngli linivrsiti~s till sue] tirJ th c~cl)()l c-~n sst --rp ios O1r1 hostels
ubI ICilt ion
~l~~ ~~z-cutiv_ Courcil appr0ci-3ts-c the 2sturc of th~ 30r C0uncil of 1rri1 TrusL- to 9ubJish th2 prE~-lCiv bO)KS under the joint Fu$~)ic~~s of th~ =crvol qrO tbe lrust It v2nted the Irust t) cOYsicic- 1-h7 fCC~13ibilily of publishing I~DI IllR REVLSl also jointly witmiddot~ th~ L2W Sc~~al
E1f-rts 2)-~ bCin-l rrd(- t) SCCllC_
priv~t buil-linqs fi l~t)_ f~r
bing use as h~st Is A s2p~ratE nt8 has teen this b2fn~2 th2 bx~cutive Craquouncil
icti)n ltJi11 b( taken cfte th Fecultl middot3SSlUnes chlttrgc~
~
HHIONA1 11 SCEOOL OF INDIA AMJ(URpound ~21BfJWALORE
MLlutes of the Moeting of the AOpoundlcenio Councjl of the N ional 1(lI[ School of India held at tho office of the Bar Counoil of Ina New Delhi on 12th Doccnoor 1987 at 10-00 Mil
Tho folloWL-1g nenbero were pres SJnt --
1 Shri VC iVIishra 2 Dr S K Bhatnag~ 3 Dr NR Madhvt Monon
Dr K PonnUSWQl1Y1 Deln Faculty of Lnw Delhi 1Jnivors ity
ltt eo the CGGt ing1S S pee Invitee
Dr H R )~8i1hlt)va Menon presideo over tbo iYg
Dr Menon welCOfled the DeDbers of the newly c A l1stituted
Ac e71ic Council aYlO acqunint13d then with tne a~cisiorls Jf
tLe carlier neGtings of the Acadenic Council prior to tbe
estclblisroent of tl1e Sohool under the Act After cotliled
d1souslJions on th baeis cmiddotf the Agenda notes ciroulted e8rliel
the following decisions were t1ldeshy
1 COurses of Stuoy ~~ ~ -shy ~~-------shy
1ts ionnl
COUlSOS of Study lellc1ing tl the following degrcesshy
(lJ) 1m integrnted 5-ycar LLB (Hons) L11 viev of fC1 t118t q gret dell of Soc111 Snce knowlerge vrill be inrrtcd curing tbe 5-yrhr c)trrI3C 1118 Acad eni c CDUYl oil rcc~-)nentied tl1 -ct ~ conpos)(d~-shydegree of BA (me LLB H0ns be cQrferr(l t) the students joiniLg the Nqtimll Lw Solle)l of Inilin
(b) An LLM oogrGe which shall 0xt0tc1 -( )~)C yerr (3- lrincstns)
(c) Ln M Phil (1grae of Que yecr (3~dn0sters) durfti--n c~nstitllting of t8ohing ~nd resc8rcll
(a) 1m LLD progr12ne b(]sed n writtlt5n tlesls fterrJ Phil
Bes os the above cGgroG courseo tho AcCdedc Oouncil
reco---ampnds thmiddott 11 series )f CcntiYLuing Eauc~~i n POt1lS(S Cln
sl)rt aurticl be offerGi by the Nti0n1 Lw Scbmiddot]ofIneia
to levr tGcac~8rs ju(~iot1 Dffioers t aoninistr f)X3 Pltr~
contd 2
2
II BA LLB (Hems) Progr(lme-- -~- -shy
rhe j~cBdcGic COUTIcil rocsrinonos th~t TIl t
ysr only 50 students bo 1(lTdtted t~ the LL3
Irhey r1ny be 8818 ctea ~
purely cn cerit on the b2sis ~f n ~( 8f~ i0n test cncucted at fQur difforent TO (1uring My- 1988 Tho nininlJr eligibility liDS iJn t) S be fbcd t 50 Trks lL 10 + 2 Sc1~oDl 8X2nintiC I tho Pre-University Progrrne progrlrro be trol1ted cs equivlent t 10 + 2 S ooo oxampt Those students Whfi 1rcd f8r the quelify ing exmin 1t Len in 1982 bo leo lloweo to t ke the MirisGim 01 Cl provision~l b~siB ~d they n~v be 018 ii while preprL1 g the rmiddotjerit List provmiddot1Ced middot~V8 psseC t~ie Sqid eX811in~ti8n with 50u t11rkS 6 llC1ts8icn Test be h~seil on en objeotivo typo fluesmiddotlims 1116
fthe tost n~v be fox Hurtirrn of 0 ~~Xmiddot thrn 2 hours middotr11G test crln tnclu~() [ini rw~ bel of qUGstiCTls 7~middotlicb rO(lutres viritten 2J1GlJDrE t J(lniss i)ll t8 the L~~Vl SchoCl bb bnsc(l ~n1y on t~) b +li) ~)f tl-c yritton Aanissian Test
15 of the sets be roserVGc1 pound1 1 (0 ~1 ClfJtcs 1nd 7i- Schedulefl Tribes eVC1 for tl16 reserved Seqt8~ tLe reU1LUd i1nrks ot thc qll)lifying exmination ~Gd upor
er to be eligible for t1-u c2naid-te lilvC sccured 50 DtrkS 3 i11 tes t
tlpplic-blc ven f0r rODDYV 3 s ~ -ts ~
T~~e JC1nis3ion Test 1~Y be 11811 I6gj 8TIf1
8118 it is rec)~rQcc16C b- lccld
I nr nn~ TIn AP n ~ ~t Bng8 t lJYL~J r JL ~)
~ m I n er t 0 olt-nlse AlmiddotZllS810n icsmiddotun pror)-lo tl~e qUGsti8n pSpors frtrlurto tho Gr~~~G ren(1 f inJ1ise
sien List an i~dnission C 0 C)US1OGshyr the Director 0n trec tS8Cgt 1f tlt L_w be C0Dstitutcc by t-~G ecmiddott~)r
ccn1 td __ ~ 3
It is proposed thlt the last dte for reoeipt of lpplic8tions be fixed for 2nd My 1988 1-8 Ldnission Test noy be orgcmised on 29th May 1988 ndtho Selection List Jllnounced by 15th June 1988 Phe dDissim Day be 0)[1p1eted by 25th June [ltnO the cllsses be oODnenoed fron 1st July 1988
A suitable snount IJjly be fixed for the ppliotion forn 2nd the Adnis sion Test Fee
(b) AOlldenic Terns
Ecb Acadenio year be divided into 3 1Ogt1(Iio terns e 2Cb with a uininun of 70 working days -fis 8cadenic tern be called a Triuester Thus the 5-y8fr BA LLB (Hons) Pr ogrmne will hve 15 TrilGsters It is suggested thAt the J~caoenic year nay bgin frclTl 1st July and the caderlic ter12S uay aoopt tho folloWLl1r Patternshy
i) FIRST TRIMESTER - July 1st to Septemiddotbor 30 ii) SECOND TRIMESTER --- October 15 to JAllury15
iii) THIRD TRIMESTER _Jnuary 30 to April 30 (c) Oourses and their distribution
Eaoh Trinester nay carry not nore thM 4 courses with a totp~ of 12 credits distributed Ro00tdine to the inpOrtance and coverlge of the courses Jhe subjects courses fer study for the 15 Trinesters be 2S follows
~_~T TRIME3J1ER (FIRST YEAR)
11 Leg~l Professicn in Indian Society 3 or 12 Legal Method and M~terialS 2 cr 13 Law 8l1d Politicl Orgqnization 3 cr 14 LaW and MJrket Econoy 4 cr
SECOND TRIMESTER ---~----~--~-~ 25 Law in Historicl1 Developnent 3 cr 26 Responsibility for Injurious Conduct 3 cr 27 Lqw end Socil Orgemizotion 3 cr 28 Law c~d Agricultural Deve10pnent 3 cr
THIRD THIMESTER ---~---~--
31 L2W 8nd Intcrl2tion1 Relations 3 or 32 Law ~inorities mil Vc8ker scctiolS of
Society 3 cr 33 Civil amp Crininal Procedure-I (Oourt Systen) 4 cr 34 Eldctive Clinical ProgramplJJe 2 cr
C~)l ~d 4
--bullbull
4
9P~1 )2E1llEsect lER ( (13~f~~X~lE__ ~~l~~E~)_ 4 1 Hunn Rights Soci31 Jus-nice nno LSVi 4amp 2 Low 2nd S oci_~ Oontrol - CriLle and
PUllisl1DDnt 43 Civil41d Crininal ProceDure II 44Elective Clinicl Prog1flne
rUTH THIMw~ER----shy --~-- ~--~
51 Cririnal Lw~ Clini1Dlogy amp SDcb DLmse 52 LV nri 1~_ 1lJLy TI81st i0nJ3 1 53 Lqw Plnn jng 8 Ec~rnDnic DevelJcent 54 Contractu1 Rel(]tiirs an(1 RoneHes
(Spec ifjc Reliefs)
SIXTH rR IMES TER -~-----
6 1 N~n--Cririnq_l InjuriDus C~-nnuct ~ni of Torts
62 L8W (lud PYlily Reltims II 63 Law rmd Il1lustril Dcvelopnent 64 IUective Clinic Progr~nne
SEVENTN lE Ir1ES lER -~ ----~- -lt~~ -~-~--
71 L-w nnn Urb~1i1 Devel-prtEHrt 72 Politic Proc()ss il1il Cm$titutiDn~l
Devclopnent 73 Cns tit ut ionCll L_I 74 ~id8nco LAW
EICin TIi IRSScIER-~- ~----~ pl C0 np-YlY Lgw nnc1 Lrw 0f CO-ClpGrDtivos 8~2 PO0Tty LlW 83 Constituti~)nl 18W amp Litig1tiorl 84 Elective Clinic~l Pr~grgtire
r I~tTLtR]l~~ER 91 LwJ c)f Ins ur n es 92 TAx0tjDll L1w ~nd Public fiJ1rrnC C 93 In -1 Grn ~~t j n1 oer 80 e Law 94 Elective Clinic~l ProgrBLr1B
TENTH TRDillSrER (FourtL yer betdnilL ------~ - ----gt-- -~ 101 Leg~l Theory 102 Lmiddotbour LtJw 103 Mrinistr~tive Lw 104 ElectiVEl Olinicgt 1 Progrlrll1e
4 cr
3 eT ~ 3 eI 2 1
3 er 3 cr 3 cr
3 cr
3 cr
3 er gt1 cr 2 or
3 cr
CT 4 cr 3middot ex If
0 ~~
3 cr 1 Cr
c ) cr
3 cr Ac cr ~ cr 2
cr
4 cr 3 CT
cr 2 cr~
CUEto ~5
5 cr11~1 h -z cr~11~ Int~llectumiddotl
J13 lril1nl-I )1 Int rr ~ t t i1
4 CT 2 cr
l2 1 In t BI i l~ 3 cc
3 cr 12 ~3 L[JVI -nd Public C 3 cr 12( Electiyes 2 cr
13 1 Ct)r-JP1TQtivo LnN 2 eX 132 Itltlw PQverty rtlG S )c if~l Ch~ngc 3 cr~ 13 3 Lrm0 R0fcrn Liws nn0 liurnl DVG l~Yp iJrli 4 cr 134 Sctdnlir-Eloetives (to be lnnDUl1C()[1) 3 cr
~fJj1t~~~]~~ li l Public Intlt~rntrtiL~nnl Itlw-Int2TxL1L jA J
OrGn or~
112 ctiVi (jlurse 3 cr bull bull3 i1tjtiltn -f (lus ~iCi3-jt~te amp UyltLon 3 cr
l~~ ))rin -CiVeG (to he r1poundJrtiunc j 3 cr
cr bull 15~2 ~))cil bGUTity ~1rj t1~c Lq7JD cr 15~3 1rlrinstrdt)l~ II Jurrcice C ~Lre -]
til) I1IX Ili r1l ~i0 3 cr ~154 ~orlin~3 - c)iv(1S (t~) h( 11 3 cr
( middotb)V~ Bistx ibutin1 subjectB 18 t ~ii ~ middot~jYD +
Dllril1B tIl ~~r c-f cursc =-) dujc-cr be rG~rn RubstitOt0d ~r rCViL~ 1 ~lmiddot(i--middotr tD c~plctGly profJ8si~rt11 rvo i-l1 ~ Tl~l
LGndIt 10Vi utoD pnJ3S QU ~ iC)1
I 6
rhe DsdiuD 0f instruction 8l1d exaniY13tion in the lrl8h81 Law SchoDl sll111 be English ctlecst unt i1 C nctjonl lmglryeis ad opted for Rdiinistration of justice in t Scrprcne Collrt
(e) Ellpound~~tljty fDr cL~sectE~G fJ10 0x8r1tnatiDl1 sydoI1
In order tl be eligible for the dcnpostiiicc[CCC of RI LL8 (Hons) C~ch student win h~ve to t~kC C(lllXses fsX lt1 grrmd tot ~1 of 180 erea its in ) ye etXa bull
The norn)l p~ttGrn cd GX1ninntion will be ~ 1xittJTl test t the end of onc11 Trinester However in middot)middotmiddotl)ollri)le cases Intern(~di8Ge exnrJlltltion nne continuii1~ eV11utiCTl cy be ptilS cribed in different CSllrses
The exaninntion process will be entirely int Inl to bo dono by the totchors giving tho CGurSGs If sttvlcntc_
is dis-s1tisfied with the grfl(10 warded tw l bo ~11ow0fi to withdraw it in writing within 10 dWS thC11uounce-shyDG1Yt of the rosult He c~m inproVG it in t~c noxt cxninl~ tiorl ccorcing to tho rules prescriber] thcnt))
There shnll not be ~v eX8nin[til foe colloctomiddot- fr0- the stuc10xrts DClr there will be nn exaTiinaticm rcbuJJcrItirm given to the telchors
111oro shall bo an Exninutin C8Ul1ttee C0UEtjI1td by the Dircctlr for Bch ye~r with not loss th-n f t~r1ors of the NL3 by rot1tion Every tC 0 chol wj n JvLk tmiddot thG EXfninrjti~n COllJ1ittGO rt the bC[innil1g )1 Gcgt tr 1 nesteX tho Dutlme of the course ho is t0901-inr Tl1if1middot() plrm 110 j8
9~uimiddot ~1~ ev~I~t nn smiddot~avmiddot tJ c oLlrn
outline as well 18 thli 8vlurti)n scteDc will JI) )110 Rv8t18ble t) tl1C students st the bcgLl1nlng ~f t Prif1GstoT itsulf Cor1plnints regllIdingthe eV(ll11n-Gion [111 he sont ~() the EXfC11mntion CO[]littoG wllich will n~ko JuH~l() rliCClr1iJOnBtions on it withjn 1 fntnjght to t~) J)jrcctJr whose d(~cis ion there)n shql1 be finJl~ The )iX(ctD1 lOW()VOl-
wtl1 roport to the AC1dcrJjc Council Meottnc rcorrJ qf flU(h conp1nintg qno tict icn -Clken t~GreDn
~~ t 4n a Lvfl~r -1 U(ltVA-lJ Aiv uu OJ v p~rf~rr1 bull 1 Jl ~ middot1 I t ~ti
The evall1at bn systcn in tho N1S senll bet nm(h gTrc10S
in a Seven-point scole which will be IS f0110W~~-~
bull bullbull bull bullbull bull bullbull bull bull bull
(4~(ii
( iii) (iV~(v
(vi) (vii)
(f)
( )
7
outstanding (0) 70 und ~OVG A + bull bullbull bull bullbull 65 to 7 I A bull bullbull bull bullbull 60 to 65 B+ bull bullbull bullbullbull 55 to 60 B bull bullbull bull bullbull 50 to 55 C+ 40 to 50 c Below 4(~
~
In order to be declered successful in my course a student will h~ve to secure ~ny of the-ffr~t fiveshygrades Above given Those who re p1r-ced in C+ no C c1tegories will be accued to h1ve if-liled in eu oourses
Pronotion Rules
ProDotion iron 1st Tirlester to second Iriafster rome fra 2nd Trinester to third Trirlester will bG utotio irrespective of the rsults in the vnriou8 lxnoml1tion However pror1otions to the Fourth Tritlester 81111 be only to those who h~ve suooessfully aloorod rctlelst ten out of the 12 Cl)urses in the earlier three Trirlesters If a student has fdled in three or nore courses in the first three Trinesters tAken together he slnll be aaimed to have disqualified tQcontinue lS q stunent of the NIB In t1e case of those who cleared ten courltes out of the twelve they lJlY ltlpear in the renaining two oourses AS
Ex-students while continuing as ~ regu13r student in the seoond yeer
Sirilarly student DBY be autooatiolly proDoted frcrl the fourth to the 5th mn 5th to 6th doritlg tho second yenr His proDotion to the third year 1 e to tH 7th Trinester shlttll be only if hl sucoessfully olellrs a llinLlUn of 20 COlrses
The sane Patterns will be followed for pronotion fron the second year to the third year lnd fro tlirCi ye-r to the fourth year ffilO iron fourth yOll to the fifth year
N~ stUdent will be 1l11owed to avoid tlking ~nY eXlrdnashytlon on the conpletion of the courses excepting for reascnable cause for which prior perniss ion Dhou1d be secured fron the Dire~t or Further no S Gu(cmt will be eligible to take qn exanintion in 11 iltivcn course un1ess be has to th0 SAtisfaction of the teolnr cmcerned fulfilled the courSe reouirenents mrl hns sGcureo not less th pn 70 8ttend 9nce in the class in Sid CD tJrs e bull
cnntlt1 bullbullbull + 8
8
(g) TaOh 1~n~g Meh~il~ v ~s
The Nationnl Lqw Schecl VDS onplQyod vricrl tu~ch Dt3thods in ord er to pronoteIlLllt 1-4 iq oipltn~rT Cl1nll
~n1-nT qCt JDpreClalJ10n+ Jf 1ens0 B~s- ir~est lea1 prOD let~re~~ t1e ~cnool stall Grlplny SeninnLS tuitC)r ClmLCampL experlences Field work resealo1 (tTld Leg8lwriting Ill Ilppropri~te C~Urs0s cQopltlQt tve te~tctLY)g between teaohers 81 oliI erent S Db ~-C 8tS tr) be enployea to [11xinisG of the learning POt l-tj~_l tf) st udent
Clinic31 LeR_ql Eno(tt1011 r1~Rt f~rn ( Tl3ltgt rr- T~r 8pound p 8ssiual leglt1 eCuc9tin 8t t1G 1-~i2T ~l La SC1ClCl ACBdonic C~)uncil Te G nicnl O1 UC l shy
ti011 the first Cif the LLB 8 DL1e C0c credit nay given to fh2 t]J-tlng S un ts LYl clini courses
(h) Fee Structure
The tuittOXl fe8 fDr the LIB pTDgrrne co yelr nlY be iixeo Rs 1500- which ~oY be cCillsetccl tn 3 equ 21 inst Cllnents 8t the begilli1 ing riccstcr If foe is nct oepositBr1 within a week beg-inn elf the Trirl0Jster it l1qy collector 1qtemiddot fee RG 1- pcr (1 1] till tbe enfl ltIf 20 warkin c ~ys bull () Wgt8 ftleo to P~y iEHS vrjthin the prescri1o~ p2rio rl llte fco tffh)jr TI0T108 11f1Y be struck off f~~lt)~ t118 r~)118 They c nn be X-rv)nittc(1 on J)1ynlnt of rc- jSG ion ~ e Df Rs~ 100- an(l -l lt f1CtOTy r)pD1i ~)f ~TO$reSS ir~D H1Y teRche1 of tlte F~culty
t~J first tel p c SL1r ~~Tlcr Sl- jVLtiES
In 8rcler- to fttr~ct Deitorious stufients frD~1 te s ~ciJ-c~)nonic strJtl nf sc iety it is ~bs )lutlt)lr l1dC8SSry- for the NLS tn ioe AS ol-rships TIC sttpenos coS jJossible It ill bc to 1e 50 of the stu(Jents bS(y enjoy such S Every effort s])uld be e to seclJre S1JO~ OCOll~)Dic
L1dUC~rlents fJl prorlnting sctQ12Iship t tIle 18ss plivilegeo sections of SOci0ty
The 118 stuoents niW be provider Solmiddotn ip8 of the vlue of bull 500- q nonth 10 bull The S cho10lships rlry be lwcorfi ef m the bls report
~ 9
pound Sc~olr81ip CD~~I1ittee t be c~nstitutoz~ the DirGct81 with r~nbi3rs~ip tl1re~3 or )rt tmiddot -chers NIJ~ TttG SchclsrDhip Co~ittGe 11 pound2-8 i-ts cvn rules r-ne procedur0s wticl I11Y bG ~prJv~r1 y tl)8 Direct 01 ~he awnrd be given b~s ic11y on tcnderic ileIit)f c1Ylcliote H~vevert ec)noYic s-tus anc the s~lcil bickgrund of trL8 c~ndid3tes f~ ~-) be thore lnt cJns iCaTIt iens
Besides Sc)-lrsbips in deserving C1SeS eX(mpti0n fron Paycent of tllitinn fee lay Iso be grn-teooll tHl rsshycl~lt)end~tions of the Scilolrship OOle1ittee
(j) StlJdents nosidcmco
Tho ACCtcl r3r1ic Council strongly lccor1nenos t tle Jfutimiddotnnl Law SchODl be kapt purely ~s P J(8idcnti~ll University vvherein 11 the students bo r-uJrec t) s t y LD tle Hnlls 8pound- res io ellce provia r fpploven by the University Of course for suuconts bo1onging to Bmg-lori-i City the University nv ()xonption 1IOT res once in the University HDst cJ1siflcref1 ne8oSSAry Ii the lJ fJtionl Lnw School is unble to prov-ide it3 own hostel f8cilities it1~0dimiddott Jly it ~8y npprove such t-cc)fr801ti0n in th0 city ~A~iic s isfies tho reqllirenltmts 8pound thll resiltiontiql ckrc~or of tle University for purposes of stuDcnts 1 reBi(~ence~
~h~l1gh tr~c ClCC0Cl00ation nayhavo to be subsidised by the Universitv tho bJQrrlLvu ChQrg0s will -V( t~ bo cntirely D-GC by tho stuDentmiddot- ~Jihe bQa~ing c1nrccs DY incluo8 the sal(l~y of ossentbl stgtff Dainilined in thG Hostol by tl UniverJity+
(k) IXOlmU Clf stu r1ents md te~chers ~-~------- -------shyTho ]ITti~nl Law 8011001 ny initirte steps to nrrmge for 2xchnnge stuc-ents liId tS p c1exs witll other reputed Lltfl Schools within I n (l i3 ftnd outs ice FClr purpDse if stu0Gnts ~re inviued t8 ~nother L~m Scl001 0n~ un(lort ~ko courses )cQ()rding tJ their regQl~Girns they nay be given due credit witr tho ourriculllJ1 prescribec nt the [rIB
l18sters vrt th three courses in olt~c TrtDesterbull
nay be selc cted by the ~dniss i011 CHl1it-tee
10
on t1t bosis Df their PDSt QC80enic ltJc8rd pnrticllrly
~t the LLB level The Adoissicn CGr--ritteo C8Y J~S0S8 their
l1ptituce for higher studies -nr r~se~rch in l~uf en1 tl-Je
suitQble reoolrJenc ions for their ~cT1ission C(1~ljssi0n
Gay bo done thr8ugr~ nmiddotn int crvievi bes ides ~BS08G~nt )n
d8cuttentary Dtteri8ls
subject ELrODS of crtst utimiddotnrl lZV1 crif1i-nl J~w irct-)rnltti)n~L
11l 8110 corDerci(11 Inw The tctu-11 subjocts rgtf tl~o CQLl1~3e
in ~ny of these subject ~rE38 DfY 0 decioc r1 nt ~c giCl1jTIe 0301 lGnT ty the Fcculty CiDCGrner1
The conpulsary c)urS8S f0r LLM shll ~S fo 11oyts
TC)oing Llothoos ond Curriculqr 0(veloprcnt
In0i8ll LeGal JhilQSDphy (n~ Conter~110r)TT J ~Jheory
(iii) Constilutinn Writ
(v)
Tile zistributi0Tl of the 12 cDUrSGS i1 TOG
TrJi03tcrs fer bullbullbull 1 fly be
rs fl1owsshy
11 Ee ~cl1ing IllethQ0s and Curiculur~ Dove l~l)middotont 4 cr 1 iI 2 In~ itn Leel ~Plilos ophy ~J1fi C~ntcnJor
I CY[hcory 13 Course OD subject sr09 - optian 4 cr
SECOl~D THIMESTER--------------_-~-~shy4 era21 Ecsecrch TlIetr6~ology ltmil Leg11 writing
22 Constitutionl Lw We HlUlDl Rights Jurispru(1 ence cr
2) Course nn subject oreq - option cr
THIRD TEIIV[ESTEn ~----------- t cr ~Lnw Society emf DevGlopncmt~
4 eX 1shySeT innr Y select tOPlC - opv1on Ii crCDurse on r~ SUbjlt3ct (1971 - optiQn
51 i 11 shy
The eXElDjnat ion p ttnn for LLM will 1leo be the
S8L1G nB suggest for LLB H)wever besides ilt8rnnl
eXlDi1()r for every COl1rse in LLM there sholl be TXl external
8x~lCliner as we il bull The questions however shell be s only
by the intermll eXEnL1er If the difference in vlurtiim
between the i1t ernat exariner auf the external Cx~in()r in fl given COUXS3 is less thtil 207~ then it vi11 be 000tl00 th8t the
aaes assignod by the intornnl exaniner shall bJ iTJ gra0e
tD be assignee to thD candioRte However if t rG is D oiffercnce
nore th2~ 20 between the intrnal md exti3rucJ ll1 given
c)urso it 8rlt-11 be referred to a third exrn1inc~r outsiclo tre
National Law School whose evlultim shl11 be Il~e score to be
assigned to the candidate on thHt subject
Tuition fee for tho LLM progrlrlrJc be fixo(l 01 TIs 1500shy
for tho full course at the b oginn ing elf Cqch Trinestor
nr M Phil Progra3o--------shy
rho M Phil progrrU18 is to bo for one you c)xiending
to 3 rrinGsters It ShBll be exclusively cons istlt)d of research
8110 tolching Every stunent Ilonitted tel the M Phil rrofr~rle
stHII have LLM clegree and will fulfill the te1cing rnc
r8SCQrcJl reguirODonts prosoribed by the FFculty tIle HIS
In order to be eligible for M Phil degree besiaes
c)nrlCt ing the teSlching 4nd research req uirenentJ during the
yoar eV8JI cnndidst0 Dust sUJnit the rlBsert~tion gt11 - t~)pic
~Dpr0ved by tle f8cu1tY Ihe desert~tion Sh~11 be 8tC]ine(1
by two extern8l CXfniYlers suggosted by the foculty n( nppr0ved
by the jcdenic Council The degroe shall be confarod to
such of those cllldidtlt3s who roceivo varible rerts on the
desert ot ion fron beth the eXAniners If there is c ifferenoe
of opinion oo1Clngst then it sb011 be referred to D 31d eX8iner
Ind thG oecisicm of the [Jajority 8h[11 be finnI
con-cl 12
12
For the 1 Phil prcgrne nJ tuitbn bo csllected
HClwever a SU of TIs 1000- be csllectof yvcry ftllint
DJlnittecl t~ the ]1 bull Pbil progrlne townr18 lJc1 ion nd ftilitios
thl School
v
in vvhich it CJY c8nfer )n LL(gtD (jegroc~ lhe 11) 1)
0xc1us ively on ttJ b(lsis of C written thee t J
whJ hel9 M Phil degree fron the National L8W Sccol
Every C8l1dieJatG registGrine f)1 the 1L]) PozrrIJ18 be
required to be Ll residence at the Nstioncl L2W Sc1icJOl fJr
qtlesst ono (lOaOoOic year durLlg vihicb they SIh 1 cng in
S l)ch tCaching nne reseerch t)S SSS ignc(l to tbG1J 11 J DirectDr
If tho Un i versi ty
five
iiifferJnt nrtogorics 8pound t02chcJS~
(c) cift[S )rs
(bi l)ss~ci-to Jrlf~sscrs
(c) Jissist-nt Ij~0fcsZLrs
(f) l(J junct Profess Irs
(0) Ron
All the qbove professors ssocilte pTC)Csorp nt1
Assistsnt prOiOS30rS sh11 be r8gu1lX teocDaXs nf 11 ficl001
oC1wing the revised scnles of py pT)scribCHl by t1 ~Jnjvcrsity
Grnts COiJr~jssiol1 Tho sC11c prascribef by the UC bull -Yl(1
lt1Plroveil by the clenic Cc)IJl1cil fC)r the v1riupound m it ions
810 tS jvon bolow~-
p~ y structurc (f dj~ffcrent ote~gnr ics Df t()ichG)~8 Nt Law S chol of In1l ~ fin ~VijrS ity
13
1 Prcfessors Rs 4500~150~5700-20077300 2 Associate Professors Rs 3700-125-4700-16Q-5300 3 ABott Professors Rs 2200-75-2800-400-4000
4 AssttProfessor(SrSoale)Rs 3000-100-3500-125-5000 5 Adjunct Professor Rs 1000 PM (conso lir~ted)
6 Hony Professor TADA for visits 8ocOr~tng to rules
Besides pay te1chcrs will be entitled to Dqrness allowmlce as prescribefl fron tine to tiw by the Cmtral Governnent me onnroven by the ~xecutive Council Further they arc entitled to Contributory Provi(lent Fund and Gr0tuity blnefits 9Jl 0(c1red noer tho rules If they lrC not proviied with nocol1Liodqtinn teqchers will orqw Hnuse Rent qllownoe 213 preScribe by the Central Govern1ent for E class Cities If acco=odation is proviCled by the School 10 of sillary will be deducted towBroS house rent
Out of the above scales the Selectinn COLl2ittee will hayti the freei 00 to reconnend enh8l1ced salary tn tlose cons idered
olrtstrmdingwho nrc selected for Ilppointnsnt to (t TIB
In the initi-l stages it is rscrnnendod lt (11
apPoixltlJents of tecchers in the ~IB includingthe reulr
teachers be on 0 cAntrBct bQsis for a period extendL~g upto
3 yeajls The iccdenic Council has npproved the tsr-s of
oJ1trwt cont incd in the nodel clntrct enclosed ith these
nL1utes as Appendix
To begin with the Acaocric Council )greos wimiddotth the
earlier deoisions to have five professors five oSfjocinte
Professo2s lnd three Assistcnt professors to be BPIointed
forthwith However these pOSitions n~y he filIon only if
des erving 0 1nd idates are IlVliLlble for appointent
The io(deric Council h8S noted thgt (l(1vJXltt e~ents
for filling these posts have alranoy been given n(1 18rge
nunber of applications fllWe teen received in r(lSpo1S8 to the
ltcvertiserlent In this connectim the Acafle-1ic Cnunoi1
strnngly reooL1Lends thqt so f1r s the pOSitions of profess oxshy
s1 c(gtnccrne0 the Sollct iCon COT1Jittee 1PtY be rC0UGstcc
t) cons ider ouinont lqw teaohers in the OClunt ryr
hlv cpplied in responstl to the qtvertisonent 1nC rocoDime
Hl cl~ perD(gtnS WhOI the NIS Gqy L1vite suitltJole trns this
c)ntd 14
14 54shy
is necessqry in oreer tc enable the NIS to hcrye c CClre
fsculty of eninent aOndeDics to develop the ~c~~vit of
tne school during its infPLCY
111 teachers c11e(1 for interview ncW be pei(l one-
way 1st Clss train fnro fron their p1ltJce of rosiccl1CO to the pleo 0f inter-view It is s ugf~csteij tht if nccGssry the
interview nay be helo at BmgclClre ino Delhi
nininise expond iture enCl will be he Ipful t the c middotmiddotncl ia middotto
~re teachers in v8rious Universities
All regulnr teachers appainte(l L1 the
provided living icco=odticn by the School n cess ry the School Dy t~ke flats on lease fnd provife it t) tbe
teachers fron whon the rent aocording to the Rules by be cOllected
of persons ny Is 0 be incluiled in fncvIty
(8) Adjunot professors
In view the need for teflcl1ing Soc Sci(mce
subjects in the intogrlted Iw cllrriculun it is noces11ry
to hrvG Social Science te3chrs 8ss0ci8teo pitll middot~~O iculty)
Sinoe it ny not be neoeSS1ry t l1lve then 8S
atleast in the ~innLllf the JuJ10elic Oouncil rCCmiddotmiddotGnts crefltj CD
nf four P01t tine Itc1junct prQfCSSClrs in the BubjioC ec~nJlicsy
Sociology Hjstory nn English They nay be flPP[)ill ( fT(r
servine or ret ired teachers of City c~llegBs in 13 1010
They coy provided 8 nonthly honorariu[I cf lis 1000- ~nO
tbeir ClPpoL1ttlGnt be for one yesr renevcble t of the Director A 10CBl Selectim OOlJnittee
by the Director in orOOl t C loleet the Ad junot T-f mS0rs bull
oontfl
55
It is neceSSary for the NIB to Bssochte Sr nc1vooates
md eninent jurists in the teaohing md researoh progx2cDcs
sf the school The Acadenic COllncil tberaiore ncolmends
that a Panel of distinguished lawyers and jurists be invited
to join school as Hon~ professors They nay be invited
for a tern of 3 yeArs dur which they shall sJond stleast
one Llonth d lrring the year in tead1ing pJ)d rcserrclt the
School When they visit the School for teaching nd resenrch
the Hon professors DlY be given the neoessary hospitlity
ana wherover ne cess xy TL 1ccoriiingly
The icadenic Council hls ~greea to t~lo sUB~oJtion of
the Director of inviting the following sigh pltlsms S Han
prOfBSS ors
(1) Shri KK Venugopal
(2) Dr LM Singhvi
un 3h1i Soli J SOXabjee
(4) 3hri Fali S N prin31
(5) Mr Justice PN Bh~gw~ti (6) Mr Justice VR Krishna lyer
(7) Mr RaJethr1alani
-lte) Mil-bull P~ ltJ-UYrftFl~
(c) Research Associates
Tho AcacsLlic Council feels thlt 8tleast fo e yegr
or two the flculty nay have to be given sonc rcs
support for preparation of telching notltsriaLs lud coordinating
the teaching progrnnns 101 this purpose the cric Council
reCJIlGenoS the appoictuent of two Research LS80qi GS who aremiddot
quolified with an LLM degree They nay be seleol 1)y the
Directox and nay be paid a cmso1idlteo sun of Rs 1200shyper nonth for one year
(0) Panel of Experts
The Aoadecic Council recolJr1ends the following 15
nanos to be included in the PAllel af experts I)r b8
contmiddot~l bullbullbull 16
16
invited to the Selectim Connittee for Faculty p0sitiol1S in the NIB
Ponel of Experts f( the Selection 0011nitte08 to be cmstitutec fr Fou1ty seleotion in the Nntionol Lw School----__--__-------- shy1 Dr S K Agraweln Vice Cn1ncellor l~gra Univ)rsimiddot~y lgrn 2 Dr GS Shrna Ex-Deem FlCultyof Lw J~iPllr
3 t Dr (Mrs) licG Jacob Director InAiBn Law I1stitutc1 1r1Jlr2i
4 Dr 1arlt3 Divrom Ex-DeFm Faculty of Llw Chm(~ isrl1
5 Dr Sp Sharna Dean Fqcu1t)r of Lw KCluh-s)otr University
6 Dr S P SRthe PrincipAl ILS LRtV Cjl10go~ une
7 Dr KB Rohtgi Professor of Law Delhi Univcrity
reGen Uni
9 Prof GV Ajjappa Derm F1culty of Llw Krnt-kf University Dharwar
10 Dr Upendra Baxi Professor of LOlW De1hi Unjv0rsi-y
11 Dr SN Shukla Ex-Den FClllty of 111 Lll211obnc 1Jnlversity
12 Dr RK ~i[ishr3 DerI11 F8Clllty of Low Bmcr-e ~jn(11J Universi ty
13 Dr Misheh1l1-Hss~m F8culty of L Aligrh Nuslir University
14 Dr KD G~llr Dean F~culty-yY f( c Ij vfk Y h - 41
(1) Leg~l Services Clilic
services clinic in the NIB forthwith It is eas n~ t8 pive
the nocess~ry support to the clinic81 e(~ucpti)n progrr1rroeuros
of the SchooL A Fgt1Clllty Conittee tiny be cDnstiiutcil by tre
DirGctor for the purpClse which D develop the ll TOS
to be irstituted Bn9 the pBrticip1ti~n of stu(1miu 10 be
decidsd in then In order to orgnise the clinic the
first instrgtncea sun of Rs 10000- DlY be provjelt by the
NIB It is expecteil that the Clinic will lterm s uppcrted
by the St~te Legl Aid BOlrd 9Ud the Centrl LGg~l services
1luthorities
for the orglliz~tiCn nd fuuctL)rJing of the Lug
Clinics
17
(D) Continuing Educat ion Courses
In order to n~ke the best use of the rusources of the
NIB for the coonunitY3nd to nke its progrrulD0s 80eie11y-an~ proiess ionally useful it is suggested that t~10 IrIS nay
engaije in l series of continu ing ed uc it i-n progr~tJos for
different sSllcents of the profess ion including l~w t Gpc1wrs bull
Of course these progr[]ues r1Jy be f k1anced by t10 spcJllsoring
lgene] 1l10 NIB nay provide expertise of its fcuHy no
organizational ssistlnce
In this connection a beginning nay be 1rJ]e by offering
to the Karnatltka Governnent and to the KClrnatqlm liiEh Court
for the training of its officers in the Law And Jll(icictry colrtrlents
(n) Research 1l1d Publicfltions
In order to strengthGn the teqching progJnnes of the NT tmiddot bIt t 10 bull h 1S a so U iltJy necessary 0 uave on gllne rese[ro
projects 011 various aspects of law in develpncnt rhe School
nay seek funds fron Agencies within anCi outside t~c governnent for sllPllort of its research activities
In this connection tho Lcadenic Oouncil welcQnes the oecision to publish books on Econonics Sociolo[y
History Politic~l Science end English for law stu0nts by
the NIB It is desirlble to get thase nat)lials sllit~bly
edited by the Sr Faculty of the NIB and publish i1 the nane of the NITi
Bes iaos the above public9tion the liIB sjoulrl brillg
out an Half-yearly Journal on Conterpor~ry DevolojlrJGnts in d liferent brqnches of law 1~lt rqy be celle( the Nationnl Law Review and it nay be funded by the lHS itself
(0) A Centre for 1foI1cn and nd Law
In view of the incJeasing inportBnce of HunAn stuiell
18
end support be jng offered by the Univers tvli ~ L1 G~t~gt1
CotlTlission anfl the liiinistry Of HULlrm Develoment middott le
NIB should set up a Specip1 Centro for stuCiy issuos jn trw concerning the stntu8 )f wonen 8uithle proj~cts D-1y
be developed by the Faculty nno Jppropriate lSS ist-nce
sought~ fron fUTIr1ing CenC10S A cp-lti i~-~I+~fltvUlYJ v ~~ ftl1++Ov bullbull ~~l
[jay be constituted to look lfter the developnent 0f this
Centre
(p) Institute in COLlpartive Law
The irlJ)rt~oe of c0nr~rrtiVe law studies r
scholArship ClYJC Internrtiolll relatiUs Cilntlt bil rvorshy
enDh~sizec Inview sf the rnle )f our cOl1ntry in re3i)n~1
cooperation -4l)a Internati~)n$11 ldllti0us LYl InstiCUt0 f
Conpar ~tive Lw is nost IlpprOprillte Ll the NL 2is 11
give the neoess-ry legll support to Indias posi- in
SA1RC countris rnd the TIn-81ignc-n rovenents It ~ iv rIS)
org1nise spooi~lis8f studies r0gion~11y OT cotntr~-1fise
In this regard the Acnilenic Council rccocows oi1
lt)ttention to tho study of Sooilist Leg31 Systcn icul~rly
bec~use of the ncnd to (levolop socialist JUT lSlu(lnco in
the present com --xi of Incia
(q) Libx8ry Developncnt
~in Institution like the NatirYll Law ScbCDl ~J1Dul(i
aspire to o(lvelop librnry fciljtios 6ujt1-110 tel c tGr to
its ao0(lio and researoh cgtrritnents Of course ~ wi
tke fl long tine and a suitnble p1n snoulil bo lovcloped
by tho libr1ry stf of the NIB Me luwhile the ITIS sbv16
-nmroaoh the funding I1gencies within the ccuntry ~lY 8utsi~o
for its libI eery icvolopnents
18
The Pore FOUnGRtion iu IndiR nay be nppro8ched to ssist
the librry in securing volllnes of inpelrtnnt fOIcien
legal periodic~ls and to Gnrol subscriptiDn f0I CllrJO1t sues )f thse pllblic8tims
Sinil31ly the GoverUDont It the CentI -1( in the
st ss Day be nPIJroached to give atlease one copy of its
public3tions frse elf ohlrge to the NIB Library iIecnwhile the
0ssential reports and textmiddot Books ny be irL1ed ictely purchnsoil
befor the connencenont elf the Lonaonic yo 1 bull
(p) Institution of loadenic Chairs
It is an excellont idea to ssocite priv1te
philanthrelpic institutes with the rlevelopnent of tfIS Besiiles
seeking su itnb Ie donat ielns the Acanenic Council rC1celrrcnds
that ina ividuOols nnd institutic-us ny be appronched to L1stitute endDvlLients f8r setting up tte AOf)c(mic Cpoundirs in
different brpJ1cf8S cmiddotf law It is estin~ted tht Cllrir
nay need [ill End ownent of lis 10 lskhs t lt) S UPI)Ort J~cofess Oshy
ship qne necessary staff
DmECTOR 12-12-87
SQf1 -
2007
ANEure R-J13 amp1
1inute of the leeting of the Executive Council held on Saturday the 27th Januan
Item 0 2 - Common Entrance Test
It was resolved that
We accepT in principle holding of a Common Admission TesT but we reiterate that the responsibility of conducting the CAT should be with the NLSIU 50 that the same standards can be retained
Item 0 3 - Ratification of faculty appointments
RecLUltmem - ror raritication - VC said that the consent has already been obrained by circular
Regarding 4 additional increments to Mr Sairam Bhat
The committee disapproved the additional increments given to k Sairam Ella as it is not in confonniry with rhe UGC Rules Tile increments given to others is approved
Item 0 t - Ratification of the administrative staff appointments
The Regularisation was not approved since the procedure was not tolloved properly EC 1tll1her felt that there should be proper records maintained in the process At any cost the backdoor entry shall be avoided
It Vias resolved that
The Registrars olliee should prepare a note with the individual candidates derails and a proposal can be made to EC with the relevant information about their service pay confidential records nature dUties educational qualification etc Also whether the candidate is qualified or not With the complete information the note may be placed before rile Executive CounciL Untillhe decision is made the consolidated pay whalever Tiley were getting should b paid If necessary a meeting may be arranged as soon as the infonnaliol1 is ready
Item 0 8 When Prof Hegde raised some objection regard1llg the irregularity in paying the adcitional increments the Committee insisted to make a formal complaint then they will look imo individual cases
The Committee also suggested lO prepare rhe Rules if already Rules ere available and if modific3rioll is required make a formal proposal and place it betore the EC
As regards fuation of pay to Ir Somu C
Tile EC disapproved the appointment letter issued by the Registrar Howeyer considering the plea of the Vice Chancellor the Executie Colll1cil suggested his presem pay of Rs 25675middot may be protected and new appointment letter may be issued with the relLled amount ie Rs 25000 and not 29000middot
Item ~o S - Investments
The Committee was of the opinion that the office should come out with a proposal ghing a clear picture indicating where it ill be invested- hat is the present rate of interestshywhether to invest in public sector or government organizations and not in private institutions etc and which mumal fund you prefer and reasons for the same The proposal with all the above information may be placed before the EC jx its approvaL
Item ~o 6 - enhancement of tuition fee
Approved
Item ~o 7 - Pension payable to Ms Pushpa eeL Dept
It was approyed and informed that the same pension mte can be appUed as it is applied in other cases
Item ~o 9 As re~arcls inIormation to be ginD under R II
It was approved that only the resolmiol1s can be given and not proceedings
Item ~()10 - Revision ofmerlical budget - Beerappas cae
It as agreed to revise the medical budget
Item ~o 11 - Agreed
Registrar informed the Committee that Prof Bebu Mathews lien will come ~o an end by 3132007 The Committee felt that h silouldjoin before lhe date and if not illS lien will nOl be extended
t~XI item - approved
Item ~o - Increments to those who have reached maximum
The COlllmittee recolllmended that a proposal proposal may be placed before the EC based on rhe CGC Rules for graJll of increments for those who have reached the maximum scale Bused on the proposal the EC may gram some stagnation incremem as per Cemfal GOt Rules
Registrar inf()rmed the Commillee that he is nor genillg any separate allovuce for holding Ot1ice ofRegistrar as he is doing both administration work and also teaching
The Comminee was of the opimon that Ie the maner be placed before Ie with a proper proposal - 11l order to finalise graming of a special aEowancc for a Professor whe11 he is appointed as Registrar during the IeIm of OUice of Registrar
Item ~o 27 - ASLEA Conference
When the Registrar inionned the Committee about the receipt ofRs 1900000- from the UTI Bank towards organizing the ASLEA Conference und that the same has not been rellutted to -rLSIC the EC resolved that
whenever such Conferences Seminars conducted with the coordination ofthe -rLSlt a detailed repolt must be prepared showing the amount received by the concerned Departments i sponsorers xpenses incurred what is the income earned by -rLSru from those Conferences Such reports lUust be duly certified by the Registrar and the same should be placed beli)ft the Ee
Finally EC strongly reconlllended the -[inutes of the Meeting shall be circulated tor approval immediately_
Item No P 3
GRH - Some adyance increments would be -let that proposal come separately Some of the - those who hold the shy
Increments only for the Lecmrer and not for the Asst Professor because he bas PhD Mr Sairam Ehat
UGC Rules - AJD - With the modification for
Let there be a proper note circulated
Sairam Ehat - increments to tbose who hold tbe lecmrer post - Registrar denied shy
Make a proposal for amendment of Rules - we may apply the rules
IF you find any rule - please make applications - before Ee if it is fare
AJD - posts are already there - but here is a situation wherein certain people are working since so many years - who were recruited directly - since 1998 - at that time we were not in a position to appoint shy
The Committee should have been constituted by EC - do not violate the mles
Call for application itself is out of question- they should also face the Committee
They ere on consolidated basis shy
VVK-
You can regularize - there should be some record - prepare a note call those employees - back door entry should not be permitted - we are not against them - the power has to
be exercised by the Ee
Who had approved the internal circular - VC admitted - he himself - it would have been discussed in the meeting Let them also know who are the members of the
The Committee took a decision and authorized Justice Mallimath to take a decision about the
VR Reddy ad hocistlJ should not be there some kind of a procedure should be followed - middotou may appoint a complttenr persoll- but procedure should be foHowed
lallinath m accept his OWI1 statement and pay him only Rs 25000- and nor 29000-
It shall not be treated as a precedm-
You may refix it and ensure that it rotal should not be less than what ~le is drawing 110W
ANNPorsR-14shy
S)finutes of the meeting of the Executive Council held on Sunday the 13th -Iav 2007 at 1 000 AJ
Item 0 1 Confirmation of tbe minutes of the previous Executive Council meeting
With thi permission of the Chair certain decisions have taken at the EC meeting a report of rbe action taken should be placed before the neXI EC
Item ~o 1 Search Comminee Chair Professor as LS1C
Resolved to constiTIlte a search committee consisted of the following members for identitymg s1Iimbie persons for the appoimment to hold the position of the Professor of different eilirs at NLSIl The committee shall be entitled to consult distingUIshed persons for the position the searchcol11mittee shaH plaCe the names so selected in the next meeting for (ile tina decision
1 JUSTice vfaIimath 2 Vice Chancellor 3 Shri Patnaik Silri VR Reddy 5 Mr Gopakumaran air Chairman BCI
Tile members of the EC have requested to suggest suitable names Registrar shall be the Ex-officio Secetary to the Committee
Item ~o 1 The EC consrituted a Committee consisting of following members to tinulise tile niles placed before the next EC
L 5111i BS Reddy 2 ShriDesai Chandrashekar Kamataka Bar Council Chairman 3 Prof V agaraj -I Shri BD Hiremarh
Registrar shaH be the Ex ofiicio secretary
Item 03 Common Entrance Test
It was resolved the modify the resolution to the followin1l ctIeer that the VC should take the stand that having r~gard to the pr~emin~nt pOSition ofrhe NLSIU being the pioneer in holding the Test it should play the leading role in conducting the Common Entranccent Test The VC is requested to persuade the other Vice Chancellors in this behalf
Itelll NO5 Resolved that the proposal contemplated by agenda item no 5 shall be finalized within a week and the approval ofrhe EC sought by circ1Ilation
1
Item 0 6 Increase in fees by Rs 140001- over lasT year was approved and confirmed
Item 0 7 Providing information under RTI Act - Based on the issne relatinl to the publication aboUl Law School in Times ofIndia under RTI Act aIld the issue of~hai can be released in the Press under RTI Act was discussed elaborately though no conclusion was arrived at It was resolved that the information must have leaked bv the administrative STaff and a stern w3ming must be given to them to prevent such happnings in the future
fain Agenda
Item 02
I Reguarisation of the services of administratiw staff
It was resolved to approe the regulanarions of services of the following with from ovember L 2006
i) ills Pushpa Kadam ii) VIs Vidya SG iii) vir Umesh iv) iIlr Naveen Kumar v I VIs Premll Kummi
Resolved that having regard to the exigencies of service becomes necessary to make immediate appointment the VC could make such adhoc appointments and bring it to the notice of the Executive Committee lllunediately in the next EC meeting
Further resolved that if the vacancies should be filled up as per the University Rules and Regulaliols and if ad hoc appointments are eligible to consider their applicatiolls as well The cases of Ms Gma Ms Jyothi v1r Gulam Hyder and Mangala Gowri were not considered for eguiarization as they haye left th se[ce long back
(3rinLoIlldence increments(QthQslt who acqmre ~LPhii and PhD desree
Keeping in mind the UGC guidelines issued on the basis of the Order of the Govt of India dated J July 1998 and the resolution of the Executive Committee dated of August 1999 the Executic Committee resolved to extend the benetit of advance increments to the members of the tcaching statT acquiring PhD or tPhil degree respectively as follows
1 4 and 2 advance increments will be admissible to those hold PhD and tPilil degree respectively at ihe time of recrul1ment as Lecturers and Assistant Professors
2
2 4 and 2 advance increments will be admissible m those who acquire PhD and VLPhil degree respectively afrer the recruinnem to he said post
3 Associate Professors oJlwards who acquire PhD degree after 781999 shall be eligible for two incremems
The aforesaid provislOllS shall be given ef1c to from 781999
4 Appointment ofMr Somu C
After an exhaustiVe consultation on the issue regarding fixation of rile pay to Mr SOlllU on his appointment as Assistam Pro1ssor the Execurive Council resolved to gram four advance increments in the pay scale of Rs 10000 to 15000- so that the total emoluments will be receivim could not be less than the total ellloluments he is recehing in the priare college vhere he is Sefnllg The offer of appoimmcl1t aLready lllade shall be rnodified on these lines
Item No3 Stagnation increments
The Executive Council decided 10 grant the bendt of stagnation increments contemplated to rhe employees of lSIC The proposal in the agenda to grant stagnation increment is approved
Item 110 -I Institution of Allen amp Overy Chair on International Financial Laws
The Execmive Council approved the action taken by the Vice Chancellor in esmblishing a Chair on International Financial Laws 1Inanced by vIs Allen amp Overy Londo It is resolved 10 convey the appreciation Bnd thanks to the donor
Item ~o 5 Convocation
The sltlggesled the tc)Uowing names tor being invited to be the Chief Guest lor the next Convocation
L Shri Gopalaswamy Iyengar Chief Election Commissioner 2 Shri YV Reddy RBI Governor 3 Shri Fali Slariman Sr Advocate 4 Shri K Pachauri
In case none of the above are not mailable the Vice Chancellor may at his discretion invite any other suirable dignitmy
Item -0 6 3 reservation for physically challenged candidates in the Admission to XLS
EC defened it to the next meeting The Registrar shall place before the Executive CounciL a copy of the Act the Judgment rendered by the High court of Karnataia and
3
- -
bt also a copy of the report said to have been submitted by Justice Rama Jois if available along with relevant judgments
Item 0 7
The EC committee decided to consider the incentive to be given to the staff members on the occasion of the Silver Jubilee function of tile University
Item 08 Selection of the administrative staff
The EC felt that the response to the advertisements being very pOOL steps should be taken to adequately advertise and invite applications afresh In view of the urgent necessity to carryon the administration the EC 3mhorizes the VC to make ad hoc appointments pending regulu recruitment TO the posts of Secretary Office Assistants and Junior Assistants Adequate steps should be taken for adwnising posts indicating all relevant details
Among the three members to be nominated by the VC under the LSIU Regulation 4(c ) the Chainnan of the Karnataka State Bar Councilor any member nominated by him shall be nominated
Item 09 Establishment of a Centre
Resolved to constitute a committee consisting of the following members of the Executive Committee to scrutinize the proposal and to take a final decision in this regard
L Chail1113n of the State Bar Council 2 Bar Council ofIndia member from Karnataka 3 Law Secretary
Item 0 10 Institution of Chair on Consumer Law
The Council noted with appreciation the sanction of professorial chair on Consumer Law amp Practice bv the Ministrv of Consumer Affairs to set up Chair on Consumer Law 8 Practice at LSIC EC authorized the University to convey the appreciation and thanks to the appropriate authority
4
ITEM NO17 171 COURT NO5 SECTION PIL-W
SUP REM E C 0 U R T 0 FIN 0 I A RECORD OF PROCEEDINGS
writ petition(Civil) NO 6002015
SHAMNAD BASHEER VERSUS
petitioner(s
UNION OF INDIA amp ORS (WITH APPLN(S) FOR PERMISSION INTERVENTION APPLN) WITH WP(C) NO 5762018 (X)
TO FILE ADDL DORespondent(s)
CUMENTS
Date 30-10-2018 These matters were called on for hearing today
CORAM HONBLE MR JUSTICE SA BOBDE HONBLE MR JUSTICE L NAG ESWARA RAO
For Petitioner(s) Mr zoheb Hossain AOR Mr Adeeba Mujathid Adv Mr Vivek Gurnani Adv
For petitioner(s) Respondent(s) Ms Roopali Mohan Adv
Mr Namit saxena Adv Ms Taruna Ardhendumaul1 prasad Adv Mr Piyush Singh Adv Mr Amritesh Raj Adv Mr Nitesh Ranjan Adv Mr Shashank saxena Adv Mr Ardhendumaul1 Kumar prasad AOR
For Respondent(s) Mr Rakesh Munjal sr Adv Mr SS Ray Adv Mr Vaibhav Gulia Adv Mr Puneet Gupta Adv Mr paramjit Singh Jaswal Adv Mr Ravinder Singh Adv Ms Rakhi Ray AOR
Mr Atmaram NS Nadkarni ASG Mr Merusagar samantray Adv Mr Ritesh Kumar Adv Ms Suhasini sen Adv Mr Leelesh Krishna Adv Mr Arvind Kumar Sharma Adv Mr Gurmeet singh Makker AOR
~) i
2
Mr sajan poovayya Sr Adv Mr priyadarshi Banerjee Adv Mr Pratibhanu singh Kharola Adv Ms priyanka MP Adv Mr Risha Agarwal Adv Mr EC Agrawala AOR
Mr Anand varma AOR MsShubhangni Jain Adv MS Manpreet Kaur Adv
Mr Puneet Gupta Adv ~lr Ravinder singh Adv Mrs Reeta Dewan puri Adv Mr PN puri AOR
Mr Maninder singh Sr Adv Mr Prabhas Bajaj Adv Mr Gaurav Sharma AOR
UPON hearing the counsel the court made the following o R D E R
The copy of the report filed by the union of India Ministry of Human Resource amp Development pursuant to order dated 13062018 passed in wP(C) No 5512018 be furnished to learned counsel for the parties
List the matters on 28112018
[ Charanjeet Kaur ] [ Indu Kumari pokhriyal ] AR-cum-PS Asstt Registrar
ITEM NO5 51 COURT NO5 SECTION PIL-W
SUP REM E C 0 U R T 0 FIN D I A RECORD OF PROCEEDINGS
writ petition(Civil) NO 6ee2015
SHAMNAD BASHEER VERSUS
petitioner(s)
UNION OF INDIA amp ORS (WITH APPLN(S) FOR PERMISSION INTERVENTION APPLN) WITH wP(C) No 5762018 (X)
TO FILE ADDL Respondent(s)
DOCUMENTS
Date 28-11-2018 These matters were called on for hearing today
CORAM HONBLE MR JUSTICE SA BOBDE HONBLE MR JUSTICE L NAGESWARA RAO HONBLE MR JUSTICE R SUBHASH REDDY
For petitioner(s) Mr Zoheb Hossain AOR Mr Gopal shankar Narayan Adv Mr Adeeba Mujathid Adv Mr Vivek Gurnani Adv
For petitioner(s) Mr vikas singh sr Adv Respondent(s) Mr Ardhendumauli Kumar prasad AOR
Mr Amritesh Raj Adv Mr Piyush Singh Adv Mr Nitesh Ranjan Adv Mr vaibhav shrivastava Adv Mr Sashank saxena Adv
Mr Namit saxena adv MS Taruna Ardhendumauli prasad Adv
For Respondent(s) Mr Rakesh Munjal Sr Adv Mr SS Ray Adv Mr Funeet Gupta Adv Mr vaibhav Gulia Adv Ms Rakhi Ray AOR
Mr V Giri Sr Adv Mr AKarthi K Adv Ms Rakhi Ray Adv
2
Mr Atmaram NS Nadkarni ASG Ms suhasini sen Adv Mr Ritesh Kumar Adv Mr Leelesh Krishna Adv Mr Marusagar samantray Adv Mr Arvind Kumar Sharma Adv Mr Salvadar santosh Rebellow Adv Mr Gurmeet singh Makker AOR
Mr Sajan Poovayya Sr Adv Mr prlyadarshi Banerjee Adv ~r Pratibhanu singh Kharola Adv rmiddotls priyanka M P Adv Mr EC Agrawala AOR
r1r Anand varma AOR
Mr punaet Gupta Adv Mr Ravinder singh Adv Mrs Reeta Dewan puri Adv prof paramjit Jaswal Adv Prof KD Rao Adv Mr PN puri AOR
Mr Prabhas Bajaj Adv Mr Dhawal Mohan Adv Mr Abhishek Adv Mr Gaurav Sharma AOR
For Applicants) MS M Sidhu Adv Mr P vinay Kumar Adv
Mr PS Narasimha sr Adv Mr SS Ray Adv Mr Puneet Gupta Adv Ms Rakhi Ray AOR
UPON hearing the counsel the court made the following o R D E R
Application for intervention is dismissed as
withdrawn
shri Atmaram N S Nadkarni learned Additional
Solicitor General appearing on behalf of the Union
of India ~linlstry of Human Resource amp Development
states that the Government has prepared a report
3
and shall further convene a meeting of all the
parties to these petitions NTA and the Bar council
of India seek their views and make appropriate
recommendations for the holding of the examination
within four weeks
List thereafter
[ Charanjeet Kaur ] [ Indu Kumari pokhriyal ] AR-cum-ps Asstt Registrar
7-+ 0( AMNI~URpound tlt_Ihi
2Q lt ( gt ( - -
~ ~ A
-
p V -~d T] Y-P~iCL of ~-lt)Eign Sud~nts thp drnissio is i-l~ be COI)iuct-d wit)middot the help of Inrin ~~Llt_~lon~
llgtrO~j ~n -t~poundO rgtSpctiVF cnJn~cies
1 r
lh- durtlon of tht course shall bE for 21 peri00 of (iv~~ j~lcaderrjic yeilrs j
CJ 1~ltJch acadeHic _divided into_ thceuroE academic terrnS J
f~lCh tE-rm called a orrimestErcent hDvin0 a minimum of 70 vJcfrki (H) days
C3 Ph- Icdcmic t(rms shilllordinarily be from lst July to --lOth -Septcober t poundrom 5th Oct to 15th Junuclry an(l from 1 (1 t ~l ~] AnlJ a ry to 20 t h A1ri 1 ~
~
6 l Irhp tu i t ton f~(~ foc th0 dampgree progr1fnrne for each yedr -
~~~ 1 i-gt ~ bull )~~jt7-middot which shall be collectEd in th~e IntlIcn~s 0t tl--H~ b(9ir~n of lt2Crk Trin~c-$ter I fcgte i~ not pdid i--hin a week er the co-mrnCncemlt2Ylt of thlt Tr~rgt~middot I i sh~~ 1 be C012Ectec with tate Jf if 1shyor c1~~y t11-l rre- end of 20 working days Can-didut(s who f) l te feeuro wtY)it the nrc-scrlbcd aerior] with ~ate
(fmiddot sri~)l rgtrnoveo -(om lt~G rolls ltH(~ they shall bEgt C~gt-j(1rrit~td onJy on pitympt 0+ rf--)cm-sion feE- oE Imiddot 100shy~(( 1 ~risf-1ct()ry rJport o~ progress ond conduct from 2 Tc~chFr of thp P~culty
In rpsnect of rrwl v acrni ttEO stIJcens admission wi 11 no )( com~letP lJJ11ess- thFY Pi)Y the prescribEc within Sonci fieod ti1le
6 ~ 3 Besidelt= flt( 2lt trl bp9inning of the fi--st trimestr of fdCn ypar J U CltiHldidatgt i (cQuirec to pay a sum of
tOWi1n1 xc1dlrHJ rnJti~rit~ls ar1lt3 a further sum of OWi~fU~ co-ctJcricu~~r ~nd ~tudent welfare activishy
~OL(~ Tuition )nc other fees paid by th0 students irlini ttEC1 to thi course 1 not Je Efundeci u~dFr- any C cumstancs
1
A1)Npoundx UltE remiddot-VishyTS
Academic Calendar at NLS
Resolutions on Academic Calendar
The Academic Council Meeting on 12th December 1987 proposed that each Academic Year be divided into three academic terms each with a minimum of 70 working days This academic term will be called a trimester
On 1th September 1988 the 4th Executive Council Meeting of NLSIU resolved that each Academic Year is civided into 3 academic terms Each term called a trimester has a minimum of 70 working days
Consequences of the Resolutions Tne mandatory 70 working days are spread across 12-13 weeks Each 12-13 week trimester extends to 90 calendar days 3 trimesters will require 270 calendar days
Ordinariiy students complete compUisory internships during the term breaks which vary from 30 to 45 days This year we had planned to forego the term break and replace it with a 15 day break between each trimester as this Is essential to finish evaluation ana assessment exercises Hence the Academic Year requires 315 days
Academic Year 2020-21
If hLS Admissions is completed under the NLAT 2020 Schedule the Academic Year will run from SeJtember 18 2020 to June 30 2021 This will allow for 285 calendar days this year leaving a 30 day shortfall We may preserve the Academic Year by further compreSSing the evaluation and assessment period to 5 days ThiS is neither optimal or desirable bul is the result of the delayed CLAT 2020 schedule Hence the Academic Year 2020-21 will be competed before the start of Academic Year 2021-22 on July 12021
If NLS Admissions is completed under CLAT 2020 From October 10 to June 30 2021 the AcademiC Year wiil have 263 days leaving a 52 day gap Even if we compress the evaluation and assessment Deriod to 5 days between each term and save 30 days the Academic Year 2020-21 cannot be delivered
ANNExOltE RJ
r Nithya Rajshekhar ltIegalnlsacingt
Letter from Nirma University Law School which has a trimester system for LLM and has moved away from CLAT for this process this year
$arasu ltSarasunlsacingt Sat Sep 12 2020 at 1031 AM Te Nithya Ra]shakhar ltIegalnisacingt Co Sudhir Krishnaswany ltsudhirnisacingt
bullbullbullbullbullbullbullbullbullbull Forwalded message bullbullbullbullbullbullbull From Purvi Pokhariyal ltdirector Date Sat Sap 12 20201027 AM Subject Thank yeun To Sarasu ltsarasunisacingt
Dear prof Sarasu Thomas Professor of Law amp Registrar Iational Law Scnool of India University 8anglore
Subject gratlCude for gracing Commermcement session of One Year LLM batch (2020middot21)
Dear SaraSJ Maam
It was Inaeed an absolute pleasure to host you for he commencement (Orientstionj session for our newiy admitted ere year LLM batCh of 20middot21
Your motivalional address infused new energy and enthusiam amongst the sldents during this testing times
As you know this is one year programme and il is expected to nurture pest graduate students with cognitive deeper unaersranding on specialised afea along with sflarpening their research and writing skills One year programme comprises of fhree trimester for our LLM programme And we were running out of time due to delay in centralised acmisison process through CLAT 2020 So finally in early August we have decided to change the mode of admission from CLAT to graduation merit So thai we can save time of our first trimesler and can compiete the programme on time Accordingly we could start our new LLM batch from 31st August 2020 I am really thankful to you for accepting our invitation for OJr format commencement ceremony You have been motivating and inspiring generations of SUdents throughlout aU these years and your words wiseom paved a new direction for leming for our LLM students received oV80Nheming feedback from this session and must be thankful to you to be with us and helping us for guiding our LLM students during this unprecedented times Tnis is unprecedented time and that demands the unusual responses and newadapatabiiity
Thank you once again
VVi1h regaros
Purvi
06011020 The General Body The NLUs was held The Secretary-Treasurer introduced and explained to the members various steps taken by the CLAT Secremriat in preparmion of the examination including a user-fhendly and streamlined website for the C onsonium and CLAT 2020 and a sample of tile revised format of the CLAT paper designed to test slUdem aptitude instead of prior knowledge of law The sample paper had also been $tlrveyed by students from LSIU The eftons of the CLAT Secretariat on both initialives were specially commended by the Members
Additionally he also briefed the General Body that the CLAT Secretariat had put in efforts to develop and innoduce free and high-quality study materials and mock tests tor aU eLAT applicants so as to not disadvantage those slUdents who could not afford coaching
21042020 Due to the ongoing COV1D-19 lock-downs Executive COlllmittee of the Consortium postponed the CLAT 2020 I examination from lOh May 2020 and rescheduled to 21 Sl June
2020 I 1--------+- __
17052020 The Executive Committee of the Consortium resolved to postpone the eLAT 2020 again (2nd eLAT Postponement) The Consortium issued a notification infoDning candidates that a new date would be notified by 0 I July 2020 At the same meering the Respondent No2 informed the of the large increase in the number of applications after the digital marketing initiative
---- 17062020 The Executive Committee of the Consortium met The
Respondent No2 presented the report oftlle survey conducted by the CLAT Secretariat to evaluate options for conduct of the exam given die Covid-19 pandemic The Executive Committee assessed the feasibility of continuing with a penshyand-paper exam VS an online computer-based exanlination The Respondent No2 also reported his effons in contacting I vendors to conduct an online examination I
29062010
7B
16072020
30072020
The Committee of the Consonium issued a notification scheduhllg the CLAT 2010 exam on 22nd August 2020 The test was to be a centre-based online compnter eX3m The Executive Comminee was Infolmed by the Convenor rhat a Vendor had been selected
A General Body Meeting of the C onsortiull1 was held The Respondent No2 intormed the Consortium of the various measures taken by the CLAT Secretariat including
bull Due to the pandemic simation the test centres were expanded from 67 ro 103
bull Detailed Medical protocols to be followed 011 the exam day
bull The mock exams schedule has been prepared and shared to all the VCs
The Respondent No2 also infonned the membls about the proposal for securing an insurance policy for swdenls and staff for the duration of CLAT 2020 exams He informed that proposais have been sought from various Insurance Companies and the best proposal received was shared with the VCs The Consortium authorised Secretary-Treasurer and the President to go ahead with the said Proposal
However certain members raised objections 011 the ground that the price for an Insmance Policy was too higb to bear for the Consortium tmd not necessary
A meeting of the ExecutiYe Committee of the Comoniulll of NICs was held The Respondent NO2middots proposal to secure an Illsuranc Policy fOT students and staff as a precautionary measure lor CLAT 2020 was rejected despite general support froln several melubers for the sole reason tlw it [$ 110t necessary and it il1vole5 huge amount and does not serve any I- purpose
~
The Respondent 02 did not share the Same middotiew
At the same meeting despite the Health and Safety Protocols and the conversion of the exam to a Computer Based format in order to accommodate shldents during the pandemic few members raised health concerns and SUgested J2poundstponemelll i l
of the CLAT 2010 from 2200 August 2010 Hovever the Consonillm resolved to decide the issue at its next meeting
05082020 The Executive Committee of the Consortium of NLUs held a meeting to consider the date of the CLAT2020 exam
The Test Vendor was also in place to conduct the exam 011 7th
September 2020 The Respondent No2 had also begun the process of securing an additional approval from MHA for the conduct of the CLAT exam and to ensure all candidates would be allowed to travel to the centres Respondent No1 mged the Consol1iull1 against postponement of the exam given the extensive Covid-preventative measures being taken at the centres and the need to preserve the Academic YeaL
The Respondent No2 shared a presentation with the Executive C01l1111inee detailing the impact of a postponement on the Academic Calendar of the Respondent No1 University and proposing a host ofoptions in order to accolmnodate members facing such difficulties bull for NLUs to proceed with their own admission process tor I
2020-21
bull aHow for CLAT 2020 to be conducted in two series so that Universities may choose an earlier or Imer date and
bull for NLUs to admit CLAT-enrolled students to appear for separate exams conducted by the NLUs with no further need for registration or fee payment
Despite this the Consoniulll by majority vote merely resolved to postpone the eXllnllnatiol4 to a date to be i
detennilled later
10082020 The General Bodv Qfthe Consortium ofNLUs held a meeting i fuwhere it was dcided to schedule the CLAT exam on
September 2020 Whilst this date would enable members such as NLSIU to complete their admissions without suffering a Zero Year some participants menfloned that it may be necessary to postpone the examination even further
L--_____L______________________-J
27082020 The Executive Council of the Consonjum took the decision to postpone eLAT once again
The Respondent No2 raised serious objections TO the postponement and also brought to the notice of the COllSoniulll the fact that the pandemic would only get worse it1 the coming months Further to facilitate the of institutions reliant on CLAT who would not be able to sustain ftuther delay he optiOllS already presented and discussed with the Consortium the Respoudent No2 offered to undenvTie the entire CLAT 2020 examination from NLSflJs share of Consortium fees in order to hold the examination on the fixed date of 7th September 2020 However none of the options were accepted by the Consortium
ANMEM01pound R1Ie atiouaj Law Scho()l of india University Ballzalore i J
inllts of the Emergency Faculty lerring held via videu confrrcnce euroIll 6th August 020
lullbers preent lts Iht Zoon1 ~iJn R-cOrGlng
1 PU$lpoThm~H ofCLAT yet again from 22nd Aligust to 7th S~pt(nber ~020
Contingency Plan to prevent a Zero Year
Disc ussion
Th- ViCt1 Chancellor Prof Sudhir KrlslmaSvarny informed that en1rgcHcy l1heting had been called to the decision the Executive C0t11ITliHe of the Consonium National Law Universities dated 05092020 to postpone the CLAT 2020 exam undl funner notice t was also informed that a new date for CLAT 2020 -as not yet finalised however it was likely that the exam would schedukd in September He tated that this emergency Facllhy Meeting had been
0 decide on NLSUs next steps
TllC Vice Chancellor infonned the Faculty he hud pHt forth the case of NLSIU lt1t the only National Law UnivilTsily having a trimester system before the Consortium members He infom1cd Consortium that delays in CLAT Nould unfairly prejudice NLSIU and set before them several alternatives including (1) allowing NLSIU 0 go ahead with an alternate admisslols process lor this
lild r) allowing multiple CLAT exams and go ahead with the date as proposed
Vice ChanceUor timber informed the Faculty that the CLAT 2020 had been postponed the hid time despite the extensive health and safety protocols and a rede$ign of the ~xam (Q a centre-based computer exam As the Covid-19 pandemic is only getting worse there is no justiI1carion for further delays
Fuculry il1cnlbcrs expressed concern that the trimester was going to be severely dt~layed as a
th~ postpot)CJncHt Undergraduate Chairperson Prof T Somnshekhar suggested going ahead vith an exam immedimely to prevent fmher delay and to explore using the same centres as CLAT
Other Faculty 111cmbcrs including Pr)f Ashok Patll suggested thatvlc should fun our ovn entrttnclt exam NIr Kunai Ambasta agreed bUt expressed concern about the costs of administering a scpamte entrance eXctlDlnatloD
Jflndakishore lt-luerkei whether ve couid go ahead for this staying tvithin
lnernbers inciudjng Sanyukta Choudhry and Ms Rashmi Vcnkatcn if it was PQssihlt IO have a dekly~d trimesrer nnd hm the inlpact ofthlt WOUld be Acadernic calendar options (r( txplored
Bnbu 11athev opined e should xplore many options 5hared TvlPP course to begin on ciCil1
Registrar~ Prof Sarasu Eshef Thon1as nmde a short prescntmion on the of a T on the S A-eadernic Year
1 Impact on applklnh
H1m p-ymc
r1nyioin these middotXl]]
P(rc(nt~~( of Point of 1ime nJen nolk of Refund of fcc of adrnission is ncchcrd
(Hlr
1s Ycn) Bi~~
I Trimester to II Trimcsn D~CCFhcr to
m
h) announce ~i
L)se 1 LLYl
to tho- yho wand to JOB)
2 Impact un NLSn
r ould -0 jom orh-r Hhtinntons
that WOtl ld bc 1n
I cgt Rs 9911gt7501middot
nOled that th~ k--ping the In a zero this
rJun-optlD1WH lbe
Possible gtOiUtiUllS
iovving pO$siolc solutions to Ihlt
quality addlTlonal uuuhk workload reachers and wnt til
DClsng ~1 adulisiuns lEosS ttJ corrplt~d urgtntly vhich EaHovmiddot us t) admit studnts rntd~Septen1ber and Viih ddayd b~it trirn12s1cr C(lYlprOrtusHlg JCadCl1iics
Dednre D 11h concqu~rH financIal losses lo-s of lainl tc as last rsort
4 If we run our tlvn entrance cxmn We rnay have to bear a snudt IO-is in monetary t(nns cntrmce process at a
it vns ionduded ihat smCe dH date ll) CLAT exan1 had nOI bcen flxLi 1hen W~l~ no vbClher voldd be any furh~r postponcn1entS LSIlJ be ith puhing
uirncgtter LO th ecund rrlrn-skr and so fDrth lhereby n1-lking it impo$)iblc to up 2021 In such a cnse~ rLSrC will be forcedo announct a zero y(ar~
US Lfl
nsoi cd
Executive
~g --1tUE tpZshy
Extract ofDraft Minutes of9t Executive Council Meetillg
DRAFT MINUTES OF THE 91 MEETING OF THE EXECUTIVE COUNCIL OF THE
ATIONAL LAW SCHOOL OF INDIA UNIVERSITY MELDON
WEDNESDAY AUGUST 12 2020 AT 330 PM AND ON
TUESDAY AUGUST 18 2020 AT 430 PM VIA VIDEO CONFERENCIgtlG
MEMBERS PRESENT I Honble Mr Justice Uday Umesh Lalit Judge Supreme Court ofIndia 2 Honbie Mr Justice Dhananjaya Y Chandrachud Judge Supreme Court of india 3 Honble Mr Justice S Abdul Nazecr Judge Supreme Court oflndia 4 Honble Mr Justice V Gopala Gowda Former Judge Supreme Court oflndia 5 Shri Manan Kumar Mishra Senior Advocate Chairman Bar Council of India 6 Shri S Prabakaran Senior Advocate Co Chairman Bar Council oflndia 7 Shri Deb] Prasad Dha Advocate Managing Tnlstee BCI Trust 8 Shr1 Apurba Kumar Sharma Senior Advocate Chairman Executive Committee Bar
Council oflndia 9 Shd Y R Sadasiva Reddy Member Bar Council of India 10 Shri Ved Prakash Sharma Advocate Member Bar Councll oflndia 11 Shri Prashant Kumar Singh Advocate Member Bar Council of India 2 Shri Anil Kumar 1M Chairman Karnataka State Bar Council 13 Shd tV Ramana Reddy lAS Additional Chief Secretary to Government or Karnataka
Higher Education Department 14 Shf1 SY Watawati Law Secretary Government of Karnataka 15 Prof (Dr) Sudhir Krishnaswamy Vice Cbancellor NLSIU 16 Prof (Dr) Ashok R Pati] Professor of Law NLSlU 17 Prot (Dr) TS Somashekhar Professor in Economics NLSIU J8 Dr Nagarathna A Associate Professor NLSJU
AliD 19 Pro[ (Dr) Sarasu Esther Thomas Registrar amp Professor of Law as Secretary to the
Executive Council
lVIEMBERS VRO EXCUSED THEMSELVES L HonbJc Mr Justice Mohan M Shantanagouclar Judge Supreme Court ofIndia
Opening Remarks
The Vice Chancellor Prof Sudhir Krishnaswamy welcomed al the members to the 9i Meeting of the Executive Council He thanked the Honble Judges representatives ofthe Karnalaka Stale Gevernment and members of the Bar Council of India for agreeing to attend this Executive
-ss Council TvteeHng organized at short notice or Video Conference He informed tflC 1crnbers that the Honbie ChiefJustice of India the Chsnceillllofthe University was unable to atlcu and had ominated Honble Justice UlJ Lalit to Chair themeeting in his abence
Justice Lalit clarified the reasOns why this emergency Executive Ceunci I Meeting had been convened at shori notice at his initiative First as CLA T 2020 had been postponed several times the University is unlikely to complete admissions by September 2020 Hence lLSIU faces the prospect or a zero year 1ere 120 BALLB + 50 LLM students will not be admitted and (be University wili lose INR16 crores over 5 years Secondly as the University had submitted a comprehensive Report reviewing the Reservation Policy in the third week of July this Report should be discussed while Ihe admissions process was underway
Justice Lalit then asked if any Member took objection to the short notice and was keen that the Meeting should be adjourned Ali Members unanimously agreed that due to the urgent nature of the agenda of the Meeing the usual lime trames for the Meeting may be dispensed with on this occasion
~ __-1-_- _ - _ _-- -- --- i Item No1 i Postponement of CLAT 2020 and Admissions to the NLSIL for the i_ ____J_A2e~)r2Q~Q21 ________ ____ __
Discussion IMembers noted that the Governing Body of the Consortium ofNLUs held an iemergencv meeting on Aug 10th 2020 to reschedule CLAT 2020 from Aug 22nd to 7en September 2020 ) i i 1 Members expressed concern that CLAT 2020 had been rescheduled 3 times and
further postponement could not be ruled out The Vice Chancellor clarified that the University has made adequate plans to compress the Academic Year if the 1
exam is completed On September 7th 2020 I
However several Members expressed concerns if CLA T 2020 was delayed 1 further All Members agreed that the consequences ofa Zltro Year in terms of loss of revenue (around i 6 crons) and loss of oppoltunity to 120 SA LLB (Hons) and 50 LLM students [0 study at the National Law School was too high a price to pay
Some Members suggested exploring various admissions options using 12th Stllndard Marks other entrance examination results or conducting an online examination The Chair emphasized that it is critical to authorize and urge the University to take immediate steps to prevent a Zero Year if CLAT 2020 is
i further rescheduled
i I The Chair requested the Vic Chancellor to consult withthe BCI Chairpls~n in the event that the Umverslly needs the leave of the Supreme Court In mese I 1____~__-lllat~~~ __ _ ___ _~__ __ _________ _jI _ 1 l was resolved unanimously that jfthere is a further delay in CLA T the Vce 1
L_~C~~nJ9_~ll~cel()r--~_lt11Jlowredt2takeai I necessar $iJlLt~nsur(U~ltlUl1ej
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TAdmissions Processfor 2020-2 i~i~ completed in Septe111ber 2020
NLSIU is authQrised to fUll ft~ own admission process and conduct an i independert admisson tcst if necessary if there s further postponement of the I CLATexam
It was decided that the meeting would be adjourned to 18th August 2020 at 430 PM The Vice Chancellor thanked all the members for joining this meeting
After a formal weicome by the Vice Chancelor Justice U U Lalit chair the meeting and invited Justice Gopala Gowda to present his note feHowed by a presentation by the Chairman Bar Council ofindia
__ _~ ~__Ugt___ _~~~ _~~_~ _~ __ bullbullbull___ ~~ __ ~bullbull~~_~ gt _ 0 ~~ ~_____ ~~ _ __~ ~____ __ ______ __ __ __ __
1 -__~_~~__~ bull i Anv other item with the ncrmission of the Chair
n __ __ Item 3 __ ~~bullbull_______ ~_________bull ______ __ ______ - _~~ ~~~ ~~bullbull _~~~ ~ __--J~_~ __
Discussion The Chair asked the Vice Chancellor to clarify that CLA T 2020 was likely to be r held on 7th September 2020 The Vice Chance lor confirmed that as per the i current schedule it was to be conducted on 7th September 2020 but the I Consortium tny choose to reconsider the date later I
i--~------- i-------~ --_---- ---------------_--- ---- ---- -- ---
Decision i
The Executive Council unanimously reconfirmed this resolution to empower i
the Vice Chancellor and the Jniversity to conduct an independent admission iL_ _________jJ~poundf~ipoundE~1Jt t~at C~~T 29Qis dela)~ecc fU~~t____~~_________
The Vice Chancellor thanked all the Members for joining the meeting and thanked Justice UU Lalit for chairing this important emergency Executive Council meeting
SdJshyRegistrar National Law School oflndia University Bangalore
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Post Bag No 7201 NAGARBHAVI BENGALURU - 560 242 (Old Code No 560072) INDIA
Talalax 080 - 2321316023160532535 Fax OBO - 2316 0534 Website WWWnlsac-in Email registrarnlsaci
Report of the BALLB(Honsl and LLM Admissions Committee 2020
Committee Members
1 Prof (Dr) Sarasu Esther Thomas Registrar 2 Professor Babu Mathew 3 Assistant Professor (Dr) Kaushik Basu 4 Assistant Professor Kunal Arnbasta 5 Assistant Professor Sanyukta Chowdhury 6 Nithya Rhea Rajashekar Advocate (Legal Advisor to the Committee)
A Objective
Since inception admission to the BA LLB (Hons) programme has been purely on the basis of merit as assessed through a common entrance exam The University conducted its own AIIshyIndia entrance examination until 2008 when the Common Law AdmiSSion Test was conceived In 2018 the Consortium of National Law Universities comprising the ViceshyChancellors of 22 National Law Universities was formed to establish a Permanent CLAT Secretariat for the conduction of the CLA T Admissions to the Universitys BA LLB(Hons) and LLM programme were also done on the basis of CLA T score
The Covid-19 pandemic has however caused unforeseen difficulties and delays in the conduct of CLA T 2020 The repeated postponement of the examination has resulted in uncertainty for students parents and the participating Universities NLSIU is uniquely disadvantaged as it follows a trimester system where every academic year is made up of three terms of 90 days duration Moreover each term must accommodate 60 hours of classroom instruction in each course and adequately provide for examination and evaluation processes Further the academic offering for the 3rd 4th and 5th year of the BA LLB programme as well as the LLM programme is fully integrated and requires a common academic calendar
Hence if NLSIU is unable to complete admissions before the end of September 2020 it will inevitably result in a Zero Year with no admission This will deprive law students of the opportunity to pursue their studies this year at Indias premier law university We are fully committed to ensuring that no student is denied the opportunity to study at NLSIU this Academic Year Hence NLSIU is compelled by the current circumstances to conduct a separate admissions process for the BA LLB and LLM programmes for the Academic Year 2020-21
This matter was considered at length at a Faculty Meeting at the University on August 6th 2020 where the Faculty unanimously resolved that NLSIU needed to take all measures necessary to avoid a Zero Year The Executive Council of the University at its 915t Meeting held in two sessions on August 12 2020 and 18th August 2020 met to consider the matter and unanimously resolved to authorize the University to develop an alternative admissions process in the event that CLAT 2020 was not conducted on September 7 2020
h fin stablished under Kamataka Act 22 of 1986
-tgg On August 28 the Executive Committee of the Consortium of National Law Universities postponed CLAT 2020 from September 7 to September 28 2020 Accordingly this Faculty
Sub-Committee was constituted by the Vice-Chancellor and tasked with formulating a revised admission procedure for the academic year 2020-21 with respect to the BA LLB (Hons) and LLM Programme (hereinafter referred to as Programmes)
B Options available before the Committee
1 Conduct an online entrance exam at identified centres across the country for all applicants
2 Conduct a home-based proctored online entrance exam for all applicents
3 Conduct a home-based proctored online entrance exam for applicants shortlisled as per pre-defined criteria
81 Committees decision regarding Option 1
As per expenditure estimates prepared by the University conducting an online entrance exam at identified centres across the country for aU applicants would cost Rs 4 crores Moreover under the given lime constraints it would be extremely challenging to organise the same Further a home-based online examination discussed in Option 2 and 3 below ensures that candictates do not need to travel to physical centres for an additional examination
Accordingly the Committee decided that option 1 would be unfeasible
82 Committees decision regarding Option 2 and 3
A home-based proctored online entrance exam for all applicants would not be feasible given the expected number ofapplicants (apprOXimately 20000+ for BA LLB and 5000 for LLM considering the late call) and the available funds of the UniverSity unless some minimum fee is charged from applicants If this is done we may make an open call
~Ihere no application fee is charged such an entrance exam is feasible for applicants
shorlisted as per pre-defined criteria Subsequent to the initial deliberations ofthe SubshyCommittee it was made known to the members that the procedure for admissions as finalised by Ihe Academic Council on December 12 1987 was that Admission to tile Law School would be only on the basis of the Written Admission Tes
The Committee discussed the available technology platforms for conducting homeshybased proctored online entrance examination with two vendors (Edchemy and Coshycubes The Commiltee also got in touch with Pearson Vue and NSEIT) A moreurogt exhaustive search may be undertaken by the University before making the choice of technology partner for the entrance exam
With respect to the application fee the University has tlllIO options - (i) to charge a nominal application fee (in the range of Rs 100 Rs 250) to recover part of the costs
111 (with the balance being met by the University funds) or (Ii to not charge any application fee While the CommITtee felt that (i) was ideal a final decision may be taken by the Vice-Chancellor in this regard depending on the final expenditure estimates of the entire admissions process and availability of funds with the University
Therefore having considered all the options it was concluded by the Committee that an online home-based entrance examination conducted for all appticants at the earliest and with the lowest possible application fee would be a fair transparent and accessible admissions process
C Committees recommendation regarding conduct of home based online proctored entrance examination
The syllabus of the examination should be as ctose as possible to the Common Law Admission Test 2020 so that candidates are not required to undertake any additional preparation for the NLS1U Entrance exam The following format was recommended by the Committee
Maximum Marks 80
Duration of the Exam 45 minutes
Question Type Multiple Choice Questions only
Marking Scheme 2 mark per correct answer
-050 marks per wrong answer
-025 marks per skippedunanswered question
Candidates will have to appear for the examination using a computer device with video and audio transmission available They should be informed in advance that the University would noi be responsible for any connectivity issues or failure of intemet connection during the examination
A mock examination should be held to familiarise the candidates with the technology plalform on which the examination will be conducted
There should be a protocol established to deal with potential malpractice since the examination will be attempted by the candidates in a home environment It is understood that the available technology allows for artificial intelligence enabled human proctoring of the examination Additionally the technology vendor will put in place software mechanisms to ensure that forms of examination malpractice will be detected and suitable action taken This should include but is not limited 10 restricting access to different online tabs on the computer audio detection continuous video streaming detection of multiple login attempts etc In addition to proctoring during the examination post hoc verification must be conducted on the besis of detailed logs and data records maintained by the human proctors and the available system records In cases of observed malpractice the candidates examination should be cancelled by the University
At the time of computation of final scores pest the examination if twO or more cajsobtain the sameuro marks a break of tie should be made by the following procedure and order (i Higher number of correct answers to Legal Reasoning Questions (if) Higher number of correct answers in the overall examinatiOn iii) ComputeriSEld draw of lets
n view of the fotegoing discussion on the available options the Vice Chancellor may take the
final deCision 01 the admissions procedure to be followed for the academic year 2020-21
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Prof (Dr) Sarasu Esther Thomas Professor 8abu Mathew
Dr Kaushik Basu Mr Kunal Ambasta
Ms Sanyukta Chowdhury Ms Nithya Rhea Rajeshekar
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ANNEXURE R-Il4shy
Honble Justice ~1L U C Lalit Judge the Supreme COlit ofIndia ChairmalL Executive C ounci Xational Law School oIIndia 1Jlliversity
36 September 1010
Sub Decision of the Consortium of -iational Law Universities on 28082020 to postpone
CLAT2020
Honble Sir
Greetings from NLSIU Bangalore
The Comonium of National Law Uillversities of which NLSIU is a member has by its llorification dated 28 August 2020 decided to postpone the Conunoll Law Admission Test CLAT) poundiom September to 28 September 2020 The COVID-19 pandemic has caused llntOreseen diftkulties and delays ill the conduct of CLA T 2020 and the repeated postponement of the examination bas resulted in uncertainty for students parents and the participating llliversities
As you are aware the )JLSlU is uniqudy diadvalltaged as it 1011ows a trimester system where eVelY academIC year i made up of three terllls of 90 days duration Moreover each tel111must accollllllod1te 60 hours of classroom imuuctioll ill each comse anc adequately provide for examination and evaluation processes FUl1her the academic offerillg tOr the 3rd 4th and 5th yem of the BI LLB programme as weH as the LLM prograllulle is fully integrated and requires a COllllllon academic calendar Hence if]1-S1U is unable to complete admissions before the end of September 2020 it will inevitably result in a Zero Year vdth no admissions This will deprive law smdellts of the oppommity to pursue their shldies this year at Indias premier law university TheretOre 1-SIC is compelled by the current circumstances to conduct a separate admissions process for the BA LLB ane LLM programmes for the cademic Year 2020-21
This maHer was considered at length at a Faculty Meeting at the University on Augmt 6 2020
when the C onsortiulll postponed the exam from August 22no to September 7 2010 where the Faculty unanimollsly resolved that NLSIU needed to take all measures neeesalY TO avoid a ~Zero Year
Then the lllmtcr Va placed before you in the EXecmive COllncil at its 9 F meeting held 011 1211
August 2020 wherein it was unanimously resolved to authorize the University to develop an ~-
~ltern~tivc admissions process ill the event that CLAT 1020 WilS not conducted on September jh
2020
Accordingly the Vice Chancellor constituted a Faculty Sub-COlllmittee on August ~020 to denlop a revised admission procedumiddote The Sub-Colllmittee concluded that a common entrance test conducted online at the lowest possible application fee would be a 1aiL tn11lsparent and accessible admissiolls process 8t this The proposab of the Sub-Committee were dicllssed at a F ~cnlty Meeting held 011 31 August 2020 After taking into accollnt the suggestions and
revisiom as necessary the Revised Admissioll Notifications for the Academic Year 2020-21 for
the BA LLB programme and LLlvl programme haw been notified
The lniversity aims to initiate and complete the entire proces by mid-September and begin the Academic Term immediately thereafter While the reyisecl admissions process presents a mOllumental task the careers of the students who have worked hard for this opportunity remain
our top priority
The V ice-Chancellor and I will contlllue to apprise the Executive C ouneil of these developments
and ve thank you for your SUppOl at this time
Sincerely
Prof (Dr) SraSll Esther Thoma
Professor of Law and RegistIar liLSIC tvlember Secretary Executive Council
Copy to (1) Members ofthe Execntlye CounciL NLSIlJ (2) Vice-Chancellor NLsn
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The Faculty
KltIional Law School oflndia University B8ngillolc
3 September- 2020
Sub Decision of the Cousoltiull1 ofKational Law Universities on 28082020 to postpone CLAT 2020
Dear all
~s you are aware the COllsorriulll ofKntiona Law Clliversities of which NLSIC is a membeL has by its notification dated 28th ugnst 2020 decided to postpone the COllllllon Law Admission Test (CLAT) Hom 7 September TO 28 September 2020 The COVID-19 pandemic has caused
uuforesen difficulties and delays in the conduct of CLAT 2020 and the repeated postponement of the examination has resulted ill uncertainty for students parents and the participating
Cuiversities
At the Faculty deeting at the liuivelsity on August 6th 2020 the mailer was considered at
length when the CLA T 2020 wa postponed fiom Angust 2211d 2020 to September 7th 2020 and need to avoid a delayed cademic Term was discllssed NLSlli is lllliqueiy
disadamaged as it follows a nilllestersystem where eely academic year is made up of three
Tenns of 90 days dmmion ldoreover each term 1ll1lSt accommodate 60 hours of classroom illSh11Ctioll in each course and adequately provide tOr examination and evalnation processes
FunheL the aCBdemic offering tor the 3rd 4th and 5th year ofThe BA LLB programme as well
as the LL2gtI programme is fully integrated and requires it COIlllllon academic calendar Hence if NLSlt is unable to complete admissioIlS before the cud of September 2020 it wil iueitably result in a Zero Year with no admissions that deprives law students of the opportunity to pursue their smdies l11i year at Indias premier law university At this meeting the Faculty Imanimously
resolved that NLSIC needed to take all measures necessmy to avoid a Zero Year
Tllereatler the matter was also placed before the Executive Council at its 91t meeting held on
12 August 2020 wherein it was ullanimously resolved to aurholize the University to develop an altemmive admission process in the event that CLAT 2020 was not conducted all September
2020 Therefore NLSlt is cOlllpdled by Ille current cncumstances to conduct a separate admissions process for the B LLB and LLM progrmnmes for the Academic Year 2020-2 L
Accordingly the Vice Chancellor constilllted a Faculty SubmiddotCommittee on 28 August 2020 to
develop a revised admissions procedure The Sub-Commirree concluded that a common ntlance test conducted online at the lowesl possible application fee vould be a fair
lransparem and accessible admissions nrocess at this stage The pro])osals oftlle Sub-Committee - - ~
were discussed at the Facultv Meetimr held on31 Augnst 2020 Afler taking-
into aCCOllll the ~
snggestions and revisions as llece~sm) the Revised AdmJion otificarions for the Academic
Year 2020-21 for the BA LLB programme and programme have been notified on the Cniversity Yeb~ite
The Cniversit aims to initiate and complete the entire process by mid-September and begin the Academic Term immediately thereafter While the reised admissions ploce presents a monumental task the careers of the students who 1mve worked hard for this opportunity remain
our top priority
The Vice-Chancellor and I shall continue to apprise the Faculty of the developments and we thank you for yom SUpjlOlt al this time
Sincere
Prof (Dr) Snmsu Esther Thomas Professor of Law and Registrar ]LSn
ltlember Secretary Executive Council
Copy to (1) Member offacuIty NLSlli
(2) Vice-ChallCellQL NLSIC
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Tlle PI ident
ConSOl1iUlll ofltational Law Cmverities
3 September 2020
Sub Decision of the Consortium dated 270820 to postpone CLAT 2020
Dear Prof VijaykumaL
Guering ilOlll LSru Bangalore
The COVID-19 pDlldemic has caused unforeseen difficulties and delays in the conduct of CLAT
2020 The repeated postponement of the examination has reulred in ullcel1ainty for students
parms and the pmticipating Cuiverstie
LSIl is uniquely disadnmaged as it follows a trimester system where evelY academic year is
made up of three tenlls of 90 days dmation rIoreover each term must accollllllodate 60 hours of classroom instruction in each course and adequately provide for examination and evaluation
processes Further the academic offering for the 31d 4th and 5th year of the BA LLB
pro~ml1111e as well as the LLrl progrmllllle is fully integrated and requires a common academic
calendar
Hence if ll_SIU is unable to complete admissions before the end of September 2020 it will
inevirably resut in a Zero Year with IlO admissions This deprives law sludents of the
opportunity to pursue their mdies tills year at Indias premir law university Therefore ](LSIU
is compelled by the ClliTem circumstance to conduct a separate admissions process for the BA LLB and LLM programmes for the gtcademic Year 1020-21
This matter was considered at length at a F acuIty lHeeting at the Cuiversiry on August 6th 2020 where the Faculty unanimously resolved that NLSIC needed to take all measures nec6sary to avoid a Zero Year The Execmive COllllcil ofte Cniversity the 91s1 EC meeting held in two
sessioLlS 011 12th Ausmst 2020 and 1 Stl August 1020 considered the maner and unanimously- ~
resolved TO authorize the University to develop 0Jl altemative admissions process in tile evem
tlwt CLAT 2020 was not conducted on September 7th 2020
On August 28th the Executive COlllmittee of the COllsortiull of National Law Universities
postponed CLAT 1010 from September 7th to September 28th 2010 III these circulIlstances
NLSIU is compelled to conduct a sepmate admissions process forthe Academic Year 2020-2 L
I reiterate that NLSIU will continue to discharge all its responsibilities as a Founder )middotlember of the COllS011iulll Rncl the Vice-Chancellor in his capacity as ex-officio Secretary-Treasurer shall
extend all necessary SUppOH to the Consortium for the SUCCessful condlct of CLAT 2020 at the
earliest possible date
I am continuously available to clarify any of these developments on the email and the phone e
request yon to take all necessalY steps 10 connmlllicale this to all students who have registered for CLAT 2020 as we lllUICt conduct the admissions process with the least possible
disl1lptioll
Sincerely
Sarasu E1her Thomas Registrar NLSIC
Copy to
(1) vIr Bahaj Chaul13ll CLA T COllvenor (2) Members of the Consortium
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PROCTORING PROTOCOLS
THE KATIONAl LAV APTITlDE TEST 2020
NLSIF uims TO ensure that the NLAT 2020 is an accessible smdem-triendly examinmion registered candidares are required TO follow the highest standards ofacademic integrity while raking the res The Proctol1ng Protocols to monitor the examination process are sel om below
middotmiddotmiddotmiddotmiddot~-middot~rmiddot~middotmiddotmiddotmiddot-~middotmiddot-middotmiddotmiddot~middotmiddot ------~~
50 lIalpracticf Ownersbi]l PradoI Ation
1 I111pcfsonation Proctor L Record Malpractice I
~(determined at of _ Do not allow the impersonator to starr candidate validmion the xmninatioll prior to cxanllmnion 3 For PWD candidates both the commencement) candidateS and scribes GOV1 Photomiddot
I ID must be verified bull
2 Inappropriate Proctor Proctors will send a message to such surroul1dings ar teSC candidates Please sweep th canlra location External help ill a circle around me place you are solicited (suspected) taking the assessment and i or (Someone otiler than Please tilt rhe devicemiddot keyboard you pennitted scribes are using for the assessment)present in the vicinitv
1 Candidates to show 8 360-degree view candidate looking ill of the emire room by mming on a mher directions webc8m (Iapmpsidesktopsl or fromcontinllollsly
periodically candidate camera (as directed by proctor) talking communicating (mobile devices) tilt the device
Iin any other manner keyboard as instrUCTed dlh SOIlleone other thrill 3 If any 1llla1lthorised person or penllired scribes unauthorised device is observed in the
candidateS vicinity including but not limited to person(s Othef than permitted scribes HDMI cabies extemal devices projection of the feSt screen etc proctors m terminate the candidates examination attempt
I inUlledlately
4 If the proctor observes a phone rabler other device falling slipping when the device keyboard used for the assessment is tilted proctor to terminate the exam immediately
5 Any candidate who fails to comply with the proctors instruction within 45 seconds will be logged OUl of the examination ProcmfS may permit 10 additional seconds in simations where they ill Ildr ciretiol1 determine that
10 ~-()
3
4
5
6
s
~IaljJractke
T alkingiS peaklngJvIaki ng Gestmes (could include gestures that indicate to the proctor candidate may be using another demiddotic~middotmiddot looking at chat applications InirrofJ other screen etc ) VindQw ~ u (Accessing any other window other than the test vinoo)
I
Lac Face not Detected (Candidate not present in front of systenl)
-fllltipJe persons detected
i Foreign Device Observed (~vlobileT ab letsCa leuia tors etc)
Candidates observed
II OwnerSlliL I
Proctor l
0_
3
Systell1 Ii
0_
Proctor l _
3
LProctor _
3
Proctor i
Proctor L
P~()ct()r Actim the candidate may 110t hay noticed l11essages i1-0111 the proctor in the course of anc~llpting the exarlination Send tlyo yarnings m the cnndidare If a candidate persists with this be11ayio1[ the procmf shalt inform tbe Super Proctor Super Proctor may recommend t11m candidates should be conracted through the system for clarification or disqualified
Candidate will be loggerl our of the -xal - middotl1hafmiddoto~h at~middot1 c1 _ ~UCh - ~ 1 dllC1UY I
accounts for occasional 0Jc~m popmiddot ups Inacyertent errors)
Proctor may issue to candidates when the first tiw attempts afe detected
Send one warnjl1~ If the candidate does nor reUlrn within 45 seconds tennlnate the candidates examination attempt immediately Proctors Jllay permit 10 additional seconds in situations Where they in theit discretion determine that the candidate 111ay not hay noticed
--warning messages 110111 the proctor in the conrse of Jttempting the examination Send one vaming to the candidate
~~~~
If the other person does not leave imrnediatcly tenninatt the candidateS fxaluination rmempt immediately Proctors shall when comempla ring the abo1e actions account for a PVD candidmes fhm may be
_cHsing b Candidates that mav be 3D faring~p
for the exarnination at test centres
Send one wamin to the candidate If the candidate still persists terminate the candidate5 ~xalnination attempt immediately Send one to the candidate
7
i f--
S~o r HalpnKtke OWllerlthiJ Acflim
Headphones Blueworh _ Check if the candidate is only using it Audio devices for microphones purposes fle
plugged into systel11 as an external 3uaclled microphone bur candidate is not wearing earptcef h~adset)
o If the candida does nor comply with
the proctors instructions rermilk1te the candidate s examination attempr I immediarely_- ----+-_--shy
9 Simulmn~ou5 login Proctor L Proctors will observe rhe picmres of nne1l1pts 11mlriple candidates fr01l1 all such dcices
~0 _ If ir is observed rhar someone other rhan the candidate is using snell other d~vic~s proctor to renuinme the exafn immediately
3 If a candidate is observed on all snch Ideices proctor will flag the issue for
the Super Proctors anenrion Super Proctor nlay recoffilllend that
Ibull bull
candidates be contacted through the system for claritlcarion or disqualified Further investigation posr the examination may be carried out with help of audit togs generated on the SYSTem and lLSIU may disqualify the cundidllle upon such I eXaJlJnation
10 Any other malpractices Proctor Super Proctors Super Proctors may in nor describe above Proclor addition to situations where Proctors
Super Proctors detect any potential malpracrices as described above ask the candidate to perform any of the aceions described ill this column titied Proctor Action at any lime and tU
their discretion III addition to the demits set om in
these Prorocols~ the Super Proctors shall haVe the authoriry 10 disqualify a candidate terminate the candidate S examination attempr in the event they detect any act or onssion that docs nol comply with the requiremems of inregriry of a test of the llamre of the -LAT 2020
~OTES
j Instructiolls will provided to candidates on the rest screen as well as in advance of rhe examinarioll in a Candidare MannaI in relation to sinrariolls such as power ems internet
3
lo~ faiiures The assessment system used for the NLAT ~020 may permit the candidate to continue ansrering the question paper In events of internet failure hoyever this is subject to the Proctors discretion and subject TO the candidate system re-connecting to the examination interface it11i11 the rhlle and in the l11anner stipnlated ill the Oll~$creell instmctions and the Candidate ManuaL lilile every attempt shall be made to ensure that commullications instructions and requests promptly are delhered to candidates during the examination process candidates shall have the responsibility to ensure that they respond to such communications messages instructions and requests promptly
3 NLSIU reserves the right upon conducting a derailed and thorough sCl1lriny ofrhe system reports generated for short1isted candidates after the exanlination to any such candidates test scores in the event the system reports in KLSICs opinioll reveal any act or omission tllat does no comply 1rh the req1irements of of a res of the namre rhe NLAT 2020
4 NLSIU rnay re-iey update these Protocols at any tilne prior ~o the exarninarlon at discretion All registered candidates shall be Infof1ned of such elSlOllS l1pcla~s prior ro time of their examination
0-+ A~exURR-IebullNATIONAL LAW SCHOOL OF INDIA UNIVERSITY
Post Bag No 7201 NAGARBHAVI BENGALURU bull 56C 242 (Old Code No 560 (72) INDiA
T6efax OSQ 2321 31602315 Q532 535 Fax 080 2316 0534 Website VhOIS(1CT EmaM
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J A University for Lega Studies and Research sponsored by the Bar Council of IndJa and established under Karnataka Act 22 of 1986
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
IN WRIT PETITION (CIVIL) NO1030 OF 2020
IN THE MATTER OF
RAKESH KUMAR AGARWALLA amp ANR PETITIONERS
VERSUS
NATIONAL LAw SCHOOL OF INDIA UNIVERSITY
BENGALURU amp ORS RESPONDENTS
APPLICATION ON BEHALF OF RESPONDENT NO1
SEEKING EXEMPTION FROM FILING DULY ATTESTED
ORIGINAL COUNTER AFFIDAVIT
TO
THE HONBLE CHIEF JUSTICE AND
OTHER HONBLE JUDGES OF THE
HONBLE SUPREME COURT OF INDIA
THE HUMBLE APPLICATION OF THE
RESPONDENT NO1 ABOVE NAMED
MOST RESPECTFULLY SHEWETH 1 That the respondent No1 is filing the accompanying Counter
Affidavit of its authorized representative in the present matter
2 That the Respondent No1 craves leave of this Honble Court to
refer to and rely upon the contents of the accompanying countershy
affidavit
loi 3 That due to the situation prevailing on account of corona virus
pandemic the authorized representative of the respondent No1
is unable to get her Counter Affidavit duly attested f notarized
Accordingly the respondent No1 is constrained to file the nonshy
attested signed affidavit in support of the present countershy
affidavit
4 That in the light of the above-mentioned facts and circumstances
which are beyond the control of the Respondent No1 it is
imperative that the Respondent No1 is exempted from filing the
duly attested Affidavit in support of the present counter-affidavit
5 That the present application is made bonafide and deserves to be
allowed in the interest of justice
PRAYER
It is therefore most respectfully prayed that this Honble Court
may graciously be pleased to allow this application and
(i) Exempt the Respondent No1 from filing of the duly attested
original Counter Affidavit and
(ii) Pass such order(s) as this Honble Court may deem fit and proper
in the facts and circumstances of the present case
AND FOR THIS ACT OF KINDNESS THE APPLICANTS AS IN DUTY
BOUND SHALL EVER PRAY
FILED By
~ (KUMAR DUSHYANT SINGH)
ADVOCATE FOR THE RESPONDENT No1 FILED ON 14092020
ItJ1
iN SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
IN WRiT PETITION ViL) NO1030 OF 2020
rnON[HS
VERSlS NnOiIL LNV SCHOO GF INDiA UrJ1VERSiTY
l~G Ul-ZU amp OFS
AFFIDAVIT ) fhO[vlS fv1L Nt Thornas
years at Faculty Quarters Block 2 National ind Nagarbhavi Bengaluru 560072 do afffr and statG on oath as under
the Respondent NO1 in the present
VJith of the case and
affirrn to this affidavlt
2 the contents of accompanying application exenlption are
true correct ~o my Knowledge and belief nOthing rrt3hrial
llas concealed ti
VERIFICATION
at Bengau(u on)~ cay of September 2020 that the
contents of above affidavit are true and correct to my knOWledge and
and nothIng rnateria has concealed therefrom