1

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

DISTRICT: ________

SPECIAL CIVIL APPLICATION NO._________________ OF 2011

IN THE MATTER OF:

Articles 226 & 227 of the Constitution of India

AND

IN THE MATTER OF:

The Gujarat National Law University Act, 2003 and

the Gujarat National Law University Regulations, 2009

AND

IN THE MATTER OF:

Arbitrary denial of admission

AND

IN THE MATTER OF:

Constitutional Validity of the Gujarat National

Law University Act, 2003 and the Gujarat

National Law University Regulations, 2009

AND

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IN THE MATTER OF:

Donnie Ashok,

aged about 19 years, R/o H-63, Baishnabghata Patuli Township,

Kolkata – 700094, West Bengal

… Petitioner

VERSUS

1. State of Gujarat,

(Notice to be served through)

Principal Secretary, Ministry of Law and Justice, Government

of Gujarat, Block No. 5, 7th Floor, Sachivalaya, Gandhinagar

2. Gujarat National Law University

(Notice to be served through)

Registrar, Gujarat National Law University, Attalika Avenue,

Knowledge Corridor, Koba, Gandhinagar - 382007 (Gujarat)

3. The Convenor, Common Law Admission Test 2012 (CLAT-

2012), National Law University, Jodhpur, NH-65, Nagour Road,

Mandore, Jodhpur - 342 304

(Notice to be served through)

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Registrar, National Law University, Jodhpur, NH-65, Nagour

Road, Mandore, Jodhpur - 342 304. (Rajasthan)

4. Union of India

(Notice to be served through)

Standing Counsel for Union of India, High Court of Gujarat at

Ahmedabad

… Respondents

TO

THE HON’BLE CHIEF JUSTICE AND

HIS COMPANION JUDGES OF THE HON’BLE

HIGH COURT OF GUJARAT AT AHMEDABAD

The humble petition of

the petitioner above named

MOST RESPECTFULLY SHOWETH:

1. That the Petitioner has been constrained to approach this

Hon’ble Court by way of the present petition under its extra

ordinary jurisdiction under Article 226 of the Constitution of

India, being aggrieved by the illegal and arbitrary act of

Gujarat National Law University, Respondent No. 2 herein

(hereinafter referred to as “GNLU” for the sake of

convenience), in refusing to admit him to its five year B.A.

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LL.B. (Hons.) degree course, despite the petitioner having

secured an All India Rank of 427 in the Common Law

Admission Test conducted by the Respondent No. 3. Though

on the basis of the aforesaid rank, the Petitioner had a

legitimate expectation to be admitted to the 5 year B.A., LL.B.

(Hons.) degree course at GNLU, Respondent No. 2, his

admission has been refused, stating, inter alia:

“GNLU will not be able to admit the candidate according

to the published information in CLAT brochure. The

published information was also approved by the Academic

Council and Executive Council who are competent body to

decide in the matter.”

The Petitioner prays, inter alia, for issuance of a writ of

mandamus, or a writ in the nature of mandamus, or such other

writ as may be issued by this Hon’ble Court directing the

Respondents to admit the Petitioner to the five year B.A. LL.B.

(Hons.) degree course at the GNLU, Respondent No. 2 as a

regularly admitted student.

2. That the Petitioner is a citizen of India and a resident of H 63,

Baishnabghata Patuli Township, Kolkata – 700094, West

Bengal, and seeks protection of his fundamental rights

enshrined in Part – III of the Constitution of India by way of

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the present petition. The Petitioner may also be served

through counsel, during the pendency of the present

proceedings and the address of his counsel is as follows:

________________________________________________________________________

________________________________________________________________________

________________________________________________________________________

3. That the Respondent No. 1 being the State of Gujarat, is

amenable to the extraordinary Writ Jurisdiction of this

Hon’ble Court under Article 226 of the Constitution of India.

GNLU, Respondent No. 2, is a body corporate established

under Gujarat National Law University Act, 2003, located

within the territorial jurisdiction of this Hon’ble Court and is

therefore, amenable to the extraordinary Writ Jurisdiction of

this Hon’ble Court under Article 226 of the Constitution of

India. Respondent No. 2, prior to 2008, used to admit students

on the basis of an entrance examination conducted by it.

Respondent No. 2, has since become a part of a consortium of

Universities which have entered into a Memorandum of

Understanding, by which they have agreed that a Common

Entrance Test for their undergraduate and post graduate

degree courses in law by the name and style of “COMMON

LAW ADMISSION TEST” (hereinafter referred to as “CLAT” for

the sake of convenience) shall be conducted annually, and

admission of students in all the universities in the consortium

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shall be on the basis of the results secured in CLAT. Copy of

the Memorandum of Understanding is enclosed herewith and

marked as Annexure – P/1. Each year, the administration of

CLAT, including the preparation of a rank list and allotment of

seats in various National Law Universities according to that

rank list, is conducted by a representative of one of the

participating National Law Universities designated the

Convener of the Common Law Admission Test. Respondent 3,

having conducted CLAT during the present year, would be

amenable to the extraordinary Writ Jurisdiction of this

Hon’ble Court under Article 226 of the Constitution of India

insofar as its actions affect the allotment of seats in the Gujarat

National Law University, Respondent Number 2. Respondent

No. 4, being the Union of India is amenable to the

extraordinary Writ Jurisdiction of this Hon’ble Court under

Article 226 of the Constitution of India, and is a proper party

for adjudication of the issues agitated herein.

4. That the brief facts leading to the present Writ Petition are as

follows:

a. The Petitioner hails from an economically backward

family in the State of West Bengal. The Petitioner’s

father has an annual income of less than Rs. 2 lakh.

Owing to severe financial problems faced by his family,

the Petitioner’s schooling had been erratic and he had

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been undertaking various odd jobs to earn a living. In

Class 11, he was expelled from his school for not being

able to pay the fees.

b. Hearing about the programme ‘Increasing Diversity by

Increasing Access’ (IDIA) that helps students from

underprivileged backgrounds to secure admission to the

leading law colleges in India, the Petitioner appeared in

the IDIA Aptitude Test (a test conducted all over India to

select deserving underprivileged children that IDIA

would support). He secured the first rank in the IDIA

Aptitude Test and was admitted into the programme

immediately. IDIA paid the arrears of his school fees and

helped him resume his schooling, after persuading his

Principal to re-admit him to Class XII despite the delay.

The Petitioner was admitted sometime in the month of

November and with the support of IDIA, started

preparing for his Class XII examinations, although more

than half the academic year was over by then.

c. Despite his best efforts, Petitioner could not pass the

I.S.C. examination in 2011, due to paucity in time to

prepare for the same. The Petitioner repeated the Class

12 examinations next year, on the basis of the support

received from IDIA and secured 56.25% aggregate. He

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also appeared in CLAT, and secured an All India Rank of

427 in the General category.

d. On 28.05.2012, the Respondent No. 3 on the basis of the

rank of the Petitioner, published his name in the list of

students selected for admission to the five year B.A.

LL.B. (Hons.) degree course in law at National University

of Study and Research in Law, Ranchi, on the website –

www.clat.ac.in. Thereafter, a revised list was published

on the said website by the Respondent No. 3, on

01.06.2012 and the Petitioner learnt that he had been

selected for admission to to the five year B.A. LL.B.

(Hons.) degree course in law at GNLU, Respondent No. 2.

A true typed copy of the relevant page of the Rank list is

enclosed herewith and marked as Annexure – P/2.

e. The Petitioner thereafter, visited the website of GNLU,

Respondent No. 2 to apprise himself of the admission

formalities, and learnt that he was required to complete

the payment of fees and registration formalities directly

with GNLU, Respondent 2, on or before June 9, 2012.

f. The Petitioner noticed that the website of GNLU,

Respondent No. 2 as well as the brochure supplied by

Respondent No. 3 along with the CLAT admission form,

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stated that “Candidates passing HSc/10+2/equivalent

exam by re-take/more than one attempt/special

permissions, are not eligible.” Copy of the relevant page

of the brochure supplied by Respondent No. 3 is

enclosed herewith and marked as Annexure – P/3.

g. The aforesaid criteria for ineligibility was peculiar to

GNLU, Respondent No. 2 and the Petitioner noticed that

such a restriction was not imposed by any other

university in the consortium of universities who

admitted students on the basis of the results in CLAT.

The Petitioner therefore contacted the Director of GNLU,

Respondent No. 2 on 03.06.2012 apprising him of this

aspect and requested that he be admitted to the 5 year

BA LL.B. (Hons.) degree course. Copy of the email dated

03.06.2012 is enclosed herewith and marked as

Annexure – P/4.

h. On June 4, 2012, the Petitioner received a reply to the

aforesaid electronic mail stating that his request was

under consideration. This electronic mail is enclosed

herewith and marked as Annexure – P/5.

i. As the deadline for admissions was fast approaching and

there was no response forthcoming, the Petitioner

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requested Professor Shamnad Basheer, Ministry of

Human Resources Development Chair Professor of Law

at the West Bengal National University of Juridical

Sciences, Kolkata and the Managing Trustee of IDIA to

correspond with the Director of GNLU, Respondent No. 2

and request him to consider the case of the Petitioner.

Prof. Shamnad Basheer, sought legal advice and

corresponded with the authorities at GNLU, Respondent

No. 2 telephonically and also by electronic mail dated

June 8, 2012. Copy of the electronic mail dated June 8,

2012 is enclosed herewith and marked as Annexure –

P/6.

j. On June 8, 2012, Prof. Basheer was informed via

telephone by GNLU, Respondent No. 2 that his request

had been forwarded to Mr. Thomas Mathew, Assistant

Professor of Science and Technology, heading the

admissions committee for consideration. Prof. Basheer

also corresponded with Mr. Thomas Mathew over

telephone and was informed that admission could not

be granted as the Brochure had the effect of amending

the Gujarat National Law University Regulations, 2009

as Executive Council, Academic Council and General

Council of the Respondent No.2 had approved the

contents of the Brochure. Prof. Basheer requested for

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copies of the minutes of the relevant meetings of the

Executive Council, Academic Council and the General

Council of GNLU, Respondent No. 2 and the same were

supplied to him forthwith. Copies of the said minutes are

enclosed herewith and marked as Annexure - P/7

(Colly).

k. On June 8, 2012, Prof. Basheer was informed by GNLU,

Respondent No. 2, by electronic mail, that the Petitioner

would not be admitted to the 5 year B.A. LL.B. degree

course at GNLU. Copy of the said electronic mail is

enclosed herewith and marked as Annexure – P/8.

l. The Petitioner immediately proceeded to Gandhinagar,

Gujarat carrying copies of all the aforesaid emails,

including correspondences with Prof. Basheer which

had been forwarded to him with a hope to persuade the

university authorities to change their mind. A demand

draft for the fees to be deposited at the time of

admission, sponsored entirely by IDIA, had been directly

sent to the GNLU, Respondent No. 2 by the authorised

representative of IDIA, from Kolkata. On June 8, 2012,

the Petitioner presented himself in person at the

admissions desk at GNLU, Respondent No. 2 with a final

request for considering his application for admission.

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GNLU, Respondent No. 2 refused to accept his

application form and supporting documents, stating that

they were not inclined to reconsider their decision to

not admit him.

5. That the act of GNLU, Respondent No. 2 refusing to admit the

Petitioner, is illegal, arbitrary and unsustainable in law insofar

as GNLU, Respondent No. 2 has imposed a restriction on

admission on the basis of information contained in a brochure

supplied by Respondent No. 3. The said information is

inconsistent with the Gujarat National Law University

Regulations, 2009, and in any case liable to be declared non est

being ultra vires the GNLU Act, 2003. A perusal of the GNLU

Act, 2003 makes it evident that the only manner in which

GNLU, Respondent No. 2 could introduce any restriction for

admission in the nature of qualifications, could only be

through Regulations enacted strictly in terms of the provisions

thereof. The brochure published by Respondent No. 3 could

not be termed as a Regulation and thus, could not be relied

upon, to render the Petitioner ineligible for admission. The

information contained in the brochure could not have the

effect of amending the GNLU Regulations, 2009 as the prior

approval of the relevant authorities including the Executive

Council and the General Council had not been obtained for

specifically effectuating such amendment, and the procedure

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laid down for amendment of the GNLU Regulations, 2009 had

not been complied with. The approval by the Executive

Council of a mere “information” brochure could not cloak the

it with the binding character and legitimacy of the GNLU

Regulations, 2009, especially when the said information was

never discussed in the context of “amendment” of Regulations

in any of the relevant Councils that are vested with the right to

pass such amendments.

6. That without prejudice to the above, even if it is assumed that

the restrictions placed through the brochure are in the nature

of regulations and are coterminous with Regulation 59(1)(b)

of the GNLU Regulations, 2009 which provides in respect of

eligibility criteria for admissions and contains a “note” which

according to GNLU, Respondent No. 2 renders the Petitioner

ineligible, it is respectfully submitted that GNLU, Respondent

No. 2, being a creature of the GNLU Act, 2003 is incompetent

to enact regulations prescribing eligibility criteria for

admissions. It is well settled that qualifications for admission

to a university are matters pertaining to “Co-ordination and

determination of standards in institutions for higher education

or research and scientific and technical institution” under Entry

66 of List I to Schedule VII of the Constitution of India.

Parliament has enacted the University Grants Commission Act,

1956 (hereinafter referred to as the UGC Act for the sake of

14

convenience) in exercise of its powers under Article 246 read

with Entry 66 of List I to Schedule VII of the Constitution of

India. The University Grants Commission, in exercise of the

powers under the UGC Act has framed the UGC (Minimum

Standards of Instruction for the Grant of the First Degree

through Formal Education) Regulations, 2003. These

regulations do not contain any criteria for ineligibility such as

the one being imposed by GNLU, Respondent No. 2. The GNLU

Act, 2003, being a statute made by the State Legislature of

Gujarat, is not a law referable to Entry 66 of List I to Schedule

VII of the Constitution of India, and therefore could not

provide in respect of qualifications or eligibility criteria for

admission. Any provision in the GNLU Act, 2003 or GNLU

Regulations, 2009 to such an effect would patently suffer from

lack of legislative competence and be liable to be struck down

by this Hon’ble Court under its extra ordinary jurisdiction

under Article 226 of the Constitution of India.

7. That in the facts and circumstances stated above, the

Petitioner, being aggrieved and having no other alternative

and efficacious remedy, is constrained to approach this

Hon’ble Court by way of the present petition, challenging the

act of the Respondents in refusing to admit him to the five

year B.A.,LL.B. (Hons.) degree course at GNLU, Respondent No.

2, on the following inter alia:

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GROUNDS

a. FOR THAT, the act of GNLU, Respondent No. 2 refusing

to admit the Petitioner, is arbitrary and unsustainable in

law.

b. FOR THAT the act of GNLU, Respondent No. 2 in refusing

to admit the Petitioner as per the information contained

in a brochure, is illegal, arbitrary and unsustainable in

law. Imposition of restrictions through a brochure is

impermissible in the face of the express provisions of

the GNLU Act, 2003, which permits imposition of

restrictions, if any, through regulations only. The

brochure in the present case could not be equated with

the GNLU Regulations, 2009.

c. FOR THAT, the act of GNLU, Respondent No. 2 in

refusing to admit the Petitioner on the basis of

information contained in the brochure, is liable to be

declared non est, being ultra vires the Gujarat National

Law University Act, 2003.

d. FOR THAT, the information contained in the brochure

could not have the effect of amending the GNLU

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Regulations, 2009 as the prior approval of the relevant

authorities, including the Executive Council and the

General Council had not been obtained for effectuating

such amendment, and the procedure laid down for

amendment of the GNLU Regulations, 2009 had not been

complied with.

e. FOR THAT, the restriction imposed by way of the

information contained in the brochure is, in any case,

inconsistent with the provisions contained in the

Gujarat National Law University Regulations, 2009.

f. FOR THAT, without prejudice to the above, the

restriction being imposed on the Petitioner is peculiar to

GNLU, Respondent No. 2 only. The other universities

which form a part of the CLAT consortium do not

impose any such restriction. The restriction imposed is

arbitrary and whimsical, insofar as it creates an

unreasonable classification against the Petitioner and

has no rational nexus with the object sought to be

achieved – excellence in legal education, and therefore is

violative of Article 14 of the Constitution of India.

g. FOR THAT, without prejudice to the above, the said

regulations could not provide in respect of qualifications

for admission and any provision to that effect, patently

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suffers from want of legislative competence. GNLU,

Respondent No. 2, being a creature of the GNLU Act,

2003 lacks the necessary legislative competence to

enact regulations prescribing eligibility criteria for

admissions under the Constitution of India.

h. FOR THAT, without prejudice to the above,

qualifications for admission to a university are matters

pertaining to “Co-ordination and determination of

standards in institutions for higher education or research

and scientific and technical institution” under Entry 66 of

List I to Schedule VII of the Constitution of India, which

have already been provided for by the UGC (Minimum

Standards of Instruction for the Grant of the First

Degree through Formal Education) Regulations, 2003.

The said regulations do not contain any criteria for

ineligibility such as the one being imposed by GNLU,

Respondent No. 2. GNLU, Respondent No. 2 could not

enforce any restrictions in the nature of qualifications in

respect of eligibility for admissions, since the said

restriction has not been imposed though any

Parliamentary law referable to Entry 66 of List I to

Schedule VII of the Constitution of India.

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i. FOR THAT, without prejudice to the above, the GNLU

Act, 2003 not being a law referable to Entry 66 of List I

to Schedule VII of the Constitution of India, could not

provide in respect of qualifications for admission, either

under its provisions, or through regulations enacted by

its delegate. The provisions of the GNLU Act, 2003 and

the GNLU Regulations, 2009 insofar as they provide in

respect of “Co-ordination and determination of standards

in institutions for higher education or research and

scientific and technical institution” under Entry 66 of List

I to Schedule VII of the Constitution of India are liable to

be declared as ultra vires the Constitution of India, and

struck down by this Hon’ble Court.

j. FOR THAT, without prejudice to the above, the note to

Regulation 59(1)(b) thereunder, insofar as it has a penal

effect of denying admission to the Petitioner, has to be

strictly interpreted. Regulation 59(1)(b) could not be

interpreted to mean that a prospective applicant, who

has repeated his I.S.C. examination, is permanently

rendered ineligible for admission to the five year

B.A.,LL.B. (Hons.) degree course. Such an interpretation

has the effect of reading words into the provision, which

is impermissible in law and runs contrary to the

principle of strict construction.

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k. FOR THAT, without prejudice to the above, if there are

two possible interpretations of the note to Regulation

59(1)(b) and one of the interpretations renders the

Petitioner ineligible for admission whereas the other

does not, the interpretation permitting admission of the

Petitioner deserves to be favoured.

l. FOR THAT, the restriction imposed by GNLU,

Respondent No. 2 has the effect of denying the

Petitioner access to legal education and as such, directly

impinges on his fundamental right to life guaranteed

under Article 21 of the Constitution of India. It also

creates an entry bar for every citizen who is desirous of

pursuing the profession of law after obtaining legal

education, which is in the nature of an absolute

restriction and thereby also violates the Petitioner’s

fundamental rights under Article 19(1)(g) of the

Constitution of India.

m. FOR THAT, the Petitioner has a very good prima facie

case insofar as the restriction imposed by GNLU,

Respondent No. 2 is on the basis of information

contained in a brochure, and is hence ultra vires the

GNLU Act, 2003. Even assuming without prejudice that

the restriction imposed is not ultra vires the GNLU Act,

2003, the GNLU Act, 2003 and the GNLU Regulations,

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2009 enacted thereunder, insofar as they provide in

respect of eligibility/qualifications for admission, are

ultra vires the Constitution of India and patently suffer

from lack of legislative competence. The said restriction

therefore could not be imposed and enforced by GNLU,

Respondent No. 2. The balance of convenience is in

favour of the Petitioner insofar as if the interim relief

prayed for, is not granted and the final list of students

for admission to the five year B.A., LL.B. (Hons.) degree

course at GNLU, Respondent No. 2 is published, the

present petition may be rendered infructuous. However,

if the interim relief prayed for is granted, the five year

B.A., LL.B. (Hons.) degree course at GNLU, Respondent

No. 2 shall not be unduly interrupted or adversely

affected in any manner whatsoever. Irreparable harm

shall be caused if the interim relief is not granted and

the Petitioner is not permitted to attend classes this

year, as next year the Petitioner shall be more than 20

years by age and therefore, ineligible to be admitted to

the five year B.A., LL.B. (Hons.) degree course at GNLU,

Respondent No. 2 in view of the maximum age for

admission to the said course being 20 years, as per

prevailing regulations of the Bar Council of India.

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n. Any other and further grounds that may be urged at the

time of hearing of the petition.

8. That there is no other alternative efficacious remedy available

except by way of filing the present petition under Article 226

of the Constitution of India.

9. The petitioner respectfully submits that he has a very good

prima facie case, the balance of convenience is in his favor and

if the interim relief as prayed for is not granted, he would

suffer irreparable loss which cannot be compensated. The

Petitioner is ready and willing to submit the application form

along with supporting documents and also deposit the fees for

the first semester of the five year B.A., LL.B. (Hons.) degree

course and do all other acts as may be directed by the Hon’ble

Court, in order to balance the equities in the facts and

circumstances of the present case for the purpose of grant of

interim relief by this Hon’ble Court. The Petitioner seeks

urgent ad-interim ex parte reliefs from this Hon’ble Court in

view of the fact that the second list of students for admission

to the five year B.A., LL.B. (Hons.) degree course at GNLU,

Respondent No. 2 is likely to be published during the course of

the day tomorrow. Copy of a communication dated 10.06.2012

published on the website of Respondent No. 3 –

www.clat.ac.in, intimating that the second list of students

22

would be published on 11.06.2012 is enclosed herewith and

marked as Annexure – P/9.

10. That no other petition has been preferred before any other

Court, praying for the reliefs set out herein and the Petitioner

has no other alternate efficacious remedy except approaching

this Hon’ble Court by the present application, which has been

made bonafide in the interest of justice.

PRAYER

In view of the facts and circumstances stated above, it is most

respectfully prayed that this Hon’ble Court may graciously be

pleased to:

1. Issue an appropriate writ of mandamus, or writ in the

nature of mandamus, or any other order writ or directions

of like nature directing the Respondents to admit the

Petitioner to the five year B.A.,LL.B. (Hons.) programme at

GNLU, Respondent No. 2 as a regularly admitted student;

and

2. Pending disposal of the present petition, this Hon’ble Court

may be pleased to direct the Respondents, by way of an ex

parte ad-interim order, to provisionally register the

Petitioner under the five year B.A., LL.B. (Hons.) degree

course at GNLU, Respondent No. 2, subject to such

conditions as may be imposed by this Hon’ble Court and to

further direct that Petitioner be permitted to do all other

23

acts that are necessary to pursue the said course as a

regularly admitted student, as and when this Hon’ble Court

permits commencement of the said course; and

3. Declare the GNLU Act, 2003 and GNLU Regulations, 2009

insofar as they provide in respect of “Co-ordination and

determination of standards in institutions for higher

education or research and scientific and technical

institution” under Entry 66 of List I to Schedule VII of the

Constitution of India as ultra vires the Constitution of India,

and strike down the offending provisions therein; and

4. And pass, such further order/orders as this Hon’ble Court

may deem fit and proper in the facts and circumstances of

the case to meet the ends of justice.

AND FOR THIS ACT OF KINDNESS AND JUSTICE THE PETITIONER

SHALL AS IN DUTY BOUND FOREVER PRAY

PETITIONER

THROUGH

(R.P. MANKAD)

ADVOCATE FOR THE PETITIONER

PLACE : GANDHINAGAR DATED : ____ JUNE, 2012 DRAWN BY: Debesh Panda

24

Amrita Panda

Pingal Khan

Sannoy Das

Madhukeshwar Desai, Advocates

“ANUGRAHA”,

K40, Ground Floor,

Hauz Khas Enclave,

New Delhi 110 016

25

AFFIDAVIT

I, Donnie Ashok, adult aged 19 years, Petitioner herein, Resident of

H-63, Baishnabghata Patuli Township, Kolkata–700 094, West

Bengal, do hereby solemnly affirm and state as under:

1. That I am the Petitioner in the above noted Special Civil

Application and am well conversant with the facts and

circumstances of the case and as such competent to swear and

affirm this Affidavit.

2. That the accompanying Petition has been drafted by my

counsel under my instructions, the contents of which are true

to the best of my knowledge, information and belief, as

verified below. The facts stated therein may be treated as a

part and parcel of this affidavit and are not being repeated

herein for the sake of brevity.

3. That the Annexures are true copies of the originals.

4. That the facts stated herein are true to the best of my

knowledge, information and belief, as verified below and

nothing material has been concealed from this Hon’ble Court

while filing the present petition.

Solemnly affirmed at _______ on this ____ day of June, 2012

DEPONENT

26

VERIFICATION

I, Donnie Ashok, adult aged 19 years, Petitioner herein, Son of

________, Resident of H 63, Baishnabghata Patuli Township, Kolkata –

700094, West Bengal, do hereby verify that the contents of

paragraphs 1 to 3 are true to the best of my knowledge and believed

by me to be true, the contents of Paragraphs 4 to 10 are true to the

best of my information, the legal submissions therein believed by me

to be true, being as per advice of counsel and the last paragraph is in

the nature of a prayer as per legal advice and is believed by me to be

true.

DEPONENT

27

Annexure P/1

Memorandum of Understanding

WHEREAS, the National Law School of India University,

Bangalore (hereinafter referred to as the NLSIU), the National

Academy of Legal Studies And Research University, Hyderabad

(hereinafter referred to as NALSAR), the National Law Institute

University, Bhopal (hereinafter referred to as NLIU), the National

University of Juridical Sciences, Kolkata (hereinafter referred to

as NUJS), the National Law University, Jodhpur (hereinafter

referred to as NLU), the Hidayatullah National Law University,

Raipur (hereinafter referred to as HNLU) and the Gujarat

National Law University, Gandhi Nagar hereinafter referred to as

GNLU) have been incorporated by the State Legislatures of

Karnataka, Andhra Pradesh, Madhya Pradesh, West Bengal,

Rajasthan, Chhattisgarh and Gujarat respectively;

AND WHEREAS the aforesaid universities, which have been

established for the purpose of teaching, extension, research, and

for grant of Degrees and other awards in the discipline of Law,

are commonly referred to as the National Law Universities;

28

AND FURTHER WHEREAS, the National Law Universities admit

students to Five Year Integrated law programmes leading to the

award of Bachelor's Degree in Law on the basis of All India

entrance tests conducted by each university, thereby requiring

candidates seeking admission in them to appear in multiple

entrance tests:

AND WHEREAS, more National Law Universities are likely to be

established, which may lead to unavoidable overlap of dates of

entrance tests and also require candidates to purchase several

admission forms and other documents;

* National Law University, Jodhpur will be governed by the MoU

subject to grant of recognition under Section 12(b) of the UGC

AND WHEREAS, the aforesaid seven National Law Universities,

with the approval of the appropriate authority competent to so

decide under the provisions of the respective Act of Legislature

under which each university has been incorporated, have

decided to enter into a Memorandum of Understanding for

conducting a common entrance test for admission to the Five

Year Integrated law Degree programme being conducted by each

university, and for matters allied thereto.

29

NOW THEREFORE, this Memorandum of Understanding

(Hereinafter referred to as MoU) between file aforesaid seven

National Law Universities, hereinafter referred to as the

participating universities, represented by their Vice Chancellors

(or Directors as the case may be), whose signatures are

appended hereunder, do hereby solemnly agree to the following

action"- in order to support and achieve the objective of

conducting a common law entrance test :-

1) The common law entrance test shall be known as the

“Common Law admission Test" (CLAT), for admission to

the participating universities in their Five Year Integrated

programmes of study in law, known variously as B.A.;LL.B

(Hons.), B.Sc.;L.L.B. (Hons.), B.Com.;LL.B (Hons.) or any

other nomenclature recognized by the Bar Council of India

and the University Grants Commission (UGC) as being

equivalent to a Bachelors degree in law.

2) The CLAT shall be conducted every year by rotation by

each of the seven National Law Universities beginning with

the oldest among them.

3) CLAT 2008 which would be the test of the first year under

this MoU shall be conducted by NLSIU; and in the second

year by NALSAR, in the third year by NLIU, in the fourth by

30

the year by the NUJS, in the fifth year by the NLU, in the

sixth year by the HNLU and in the seventh year by GNLU

and so on.

** If for any reason NLSIU, Bangalore is unable to hold the test for

2008 then NALSAR, Hyderabad will hold it.

4) The University conducting the CLAT in any year shall be

known as the Organizing University for that year.

5) There shall be a Committee known as the Core Committee

for CLAT (CC_CLAT), for the purpose of deciding and

prescribing all policies in respect of the CLAT. The

CC_CLAT shall also monitor, at such intervals as may be

decided by it, the implementation of its decisions. The

functions of the CC_CLAT shall, without prejudice to any

other matter(s) that the Committee may decide to include

in its functions, the following:

a. Distribution of Income and Expenditure (including

transfer of funds) incurred in conducting the CLAT

for the year;

b. Decide the date of the CLAT;

c. Format of the CLAT;

d. Approve the syllabus for CLAT;

31

e. Prescribe the qualifying marks (score) for the

different categories of candidates such as the

Scheduled Castes, the Scheduled Tribes, the Other

Socially and Educationally Backward Classes (OBCs),

Candidates with disabilities, and others;

f. Demarcate geographical boundaries among the

participating universities for the purpose of logistics

and other arrangements of CLAT;

g. Approving the quantum of honoraria to be Paid for

various CLAT related activities;

h. Prepare a Report on behalf of the outgoing Convener

for the incoming convener;

i. Prescribe statistical reports on file various aspects of

CLAT;

j. Oversee the functioning of the committee;

6) The Vice Chancellors of the seven participating National

Law Universities shall constitute file membership of the

CC_CLA.T; and the Chancellor of the Organizing University

shall be its Convener and shall chair its meetings. More

than half the membership of Vice Chancellors, present

personally, shall constitute the quorum for the meetings of

the Committee, The CC-CLAT shall be competent to invite

not more than two persons to each meeting of the

Committee, who in its opinion may make useful

32

contribution to the transaction of its business. Provided

that, the invited persons shall not have the power to vote

on any decision or resolution of the Committee.

7) The CC_CLAT shall meet as many times as may be required

at the venue(s) as may be decided by the Convener, and

shall prescribe the rules of business, procedure and

manner of conducting its own meetings, other than the

quorum referred to in the clause above.

8) There shall be a committee to implement the decisions of

the CC_CLAT, which shall be known as the Implementation

Committee for CLAT (IC_CLAT).

9) The Convener of CC CLAT in any year shall be file

Chairperson of IC_CLAT for that year, and a nominee each

of the seven Vice Chancellors shall be its members. In

addition, the Chairperson may nominate one person from

the Organizing University to serve as a convener, who shall

however not be a member of the IC-CLAT.

10) The IC_CLAT shall be competent to decide on prescribing

the rules of conduct of its business and procedures for its

meetings. The IC-CLAT shall meet as often as may be

required to implement all aspects of conducting the CLAT.

33

11) Without prejudice to file powers of the CC_CLAT to assign

to the Implementation Committee any function in respect

of the CLAT, the IC_CLAT shall be responsible for the

following functions.

a. Preparing the agenda for the meetings of the

CC_CLAT;

b. Taking all steps in regard to file non confidential

operations namely:

i. Advertisements in regard to the CLAT in the

print media and through press releases;

ii. Designing, printing and publishing information

brochure;

iii. Selection of vendors for printing and scanning

of applications;

iv. Preparing agreements with banks for the sale

of application forms and other documents;

v. Fixing test centres in accordance with capacity

and demand;

vi. Liaison with participating institutions and

other institutions in respect of geographical

distribution of logistics related work;

vii. Elimination of duplicate applications, if any;

viii. Allotment of Registration Numbers and

printing of admit cards;

34

ix. Preparing guidelines and instructions to be

observed by candidates at the test centres;

x. Preparing guidelines and instructions

for representatives, presiding officers and

invigilators;

xi. Declaration of results of CLAT;

xii. Preparing brochures for counselling, admission

forms, option forms, health certificates;

xiii. Offers of admission and counselling (if

required);

xiv. Forwarding of all relevant documents to the

academic office of each participating

institution;

xv. Evaluation once or double as the case may be;

xvi. Tabulation of results and preparation of merit

list in coded form;

xvii. Chairperson hands over keys and

solutions/answers;

12) The pricing of file brochure/application form for

CLAT shall be as may be decided by the CC_CLAT each year,

taking in to consideration the fact that in any given

year six of the Participating universities shall be

foregoing revenues accruing to them on the sale of the

respective application form. Further, at present every

35

candidate has to buy more than one application form for

admission to the programmes of study in the participating

universities and therefore the CLAT would result in saving

on purchase of multiple application forms. In the first year,

the application form for CLAT 2008 shall be priced at Rs.

2000 (two thousand only). The proceeds (revenues) from

the sale of application forms and brochures shall be shared

in the following manner:

a. 50% of the proceeds shall be retained by the

Organizing University for meeting the expenditure

on conducting CLAT;

b. The remaining 50% of the proceeds shall be divided

equally among the participating universities.

13) Each participating university shall be entitled to an equal

share from out of revenue accruing on account of the

release of CLAT score to institutions and universities other

than the participating universities. For CLAT 2008, a fee of

Rs. 1000 (One thousand only) shall be levied. The CC_CLAT

shall be competent to revise file fee for release of score-

card time to time.

14) National Law Universities, other than file participating

universities, may be invited by the CC_CIAT to avail the

36

score cards of CLAT or to assist in the logistics and

management of

a. Release of results (score cards) on payment to non-

participating institutions who wish to admit students

to law programmes on CLAT score.

b. Maintenance of accounts of income and expenditure

and distribution of revenues among participating

universities on the directions of the CC-CT.

c. Taking all necessary steps in regard to confidential

operations pertaining to CT, which may inter alia

include:

i. Preparing guidelines for paper setters;

ii. Selection of team of paper setters from the

seven participating universities;

iii. Randomizing the choice of paper-setters and

deciding on the time and place of simultaneous

paper-setting exercise;

iv. Ensuring confidentiality and secrecy in each

aspect of work involved in paper-setting

activity;

v. Delivery of the sealed envelopes of the papers

to the safe custody of the IC_CLAT;

vi. Selection of the security printing press;

vii. Handing over the sealed packet of set paper;

37

viii. Proof-reading arrangements, random checks,

packing and transportation;

ix. The chairperson shall be responsible

personally for the despatch of the sealed box of

the sealed questions paper and answer books

to the vice chancellor or his nominee to the

IC_CLAT;

x. Coding of ORS sheets, Answer Books, Question

Papers and finalizing instructions for coders –

codes to be provided by the chairperson of the

IC_CLAT and to be known only to the

chairperson;

xi. Freezing of solutions or answers;

Test centres on such terms and conditions as may be mutually

decided between each such National Law University and the

CC_CLAT. Convener, CC_CLAT shall be empowered to negotiate

on behalf of the participating universities with such other

National Law Universities.

This Memorandum of Understanding has been entered into this

on this 23rd November of 2007 by each of the participating

universities acting through their Vice Chancellors (Directors)

whose signatures are affixed below.

---

(TRUE TYPED COPY)

38

Annexure P/2

COMMON LAW ADMISSION TEST-2012

COMBINED MERIT LIST OF CANDIDATES FOR

UNDERGRADUATE PROGRAMMES

SR.

NO.

ROLLN

O NAME DOB

GEN

DER

P

W

D

CAT(

V)

CAT

(H)*

DOMI

CILE

MAR

KS

RA

NK

SECU

RED

40

9

118014

41768

KARTIKE

YA

PRASAD

30/10

/1993 M N BC 4

BIHA

R 133

40

9

41

0

115013

81027

AKSHAY

SANJIV

AURORA

29/12

/1994 M N

GEN

ERAL 4

OTH

ERS 133

41

0

41

1

102011

21399

SWARAJ

SINGH

NARULA

17/11

/1992 M N

GEN

ERAL 4 M.P. 133

41

1

39

41

2

101011

01172

SWARAT

HMIKA

KUMAR

24/10

/1993 F N

GEN

ERAL 4

OTH

ERS 133

41

2

41

3

118014

41020

ABHINE

ET

SHARAN

30/01

/1994 M N

GEN

ERAL 4

OTH

ERS 133

41

3

41

4

101011

01417

JYOTHI

RATNA

ANUMOL

U

29/05

/1994 F N

GEN

ERAL 4

OTH

ERS 133

41

4

41

5

118024

42052

ANVITA

MISHRA

14/04

/1993 F N

GEN

ERAL 4

BIHA

R 133

41

5

41

6

114023

62604

GAURAV

SINGH

15/07

/1993 M N

GEN

ERAL 4 133

41

6

41

7

101011

01255

VIBHU

PRAKAS

H

KHANNA

11/10

/1993 M N

GEN

ERAL 4

OTH

ERS 133

41

7

41 102011 SHIVANI 16/11 F N GEN 4 M.P. 133 41

40

8 21196 PANDEY /1993 ERAL 8

41

9

103011

41808

KRITI

TUTEJA

01/12

/1993 F N

GEN

ERAL 4 133

41

9

42

0

116024

02098

SHANTA

NU

KUMAR

20/12

/1993 M N

GEN

ERAL 4

OTH

ERS 133

42

0

42

1

113043

41998

GUNIT

SINGH

MARWA

H

01/02

/1994 M N

GEN

ERAL 4

OTH

ERS 133

42

1

42

2

116024

01409

SUGAND

HA

ROHATG

I

04/02

/1994 F

GEN

ERAL 4

OTH

ERS 133

42

2

42

3

119014

61428

PRANAV

KHANDE

LWAL

04/02

/1994 M N

GEN

ERAL 4 C.G. 133

42

3

42

4

115013

81607

AKASH

SANTOS

01/06

/1994 M N

GEN

ERAL 4

OTH

ERS 133

42

4

41

H

KARMAR

KAR

42

5

116014

01273

HARSHI

TA

CHOUBE

Y

18/07

/1994 2 N

GEN

ERAL 4

OTH

ERS 133

42

5

42

6

116034

02795

P

KARTHI

K

SUNDAR

24/09

/1994 M N

GEN

ERAL 4

OTH

ERS 133

42

6

42

7

115013

81536

OSHO

DONNIE

ASHOK

10/08

/1992 M N

GEN

ERAL 4

OTH

ERS 133

42

7

42

8

116024

02144

NARJEET

NARWA

L

17/01

/1993 1 N

GEN

ERAL 4

OTH

ERS 133

42

8

42

9

101011

01729

SUPRITH

A S

19/03

/1993 F N

GEN

ERAL 4

OTH

ERS 133

42

9

42

43

0

116064

03916

DHRUV

MALHOT

RA

19/01

/1994 M N

GEN

ERAL 4

OTH

ERS 133

43

0

43

1

116084

05816

RIJUL

RAJESH

01/03

/1994 M N

GEN

ERAL 4

OTH

ERS 133

43

1

43

2

116034

02302

DAKSHA

VERMA

12/03

/1994 F N

GEN

ERAL 4

OTH

ERS 133

43

2

1-Dependent of Freedom Fighter, 2-Son/Daughter of

Defence/Personnel deployed in UP or Defence Personnel of UP

either retired or killed/disabled in action, 3-Ancestral Resident of

Village Sidhuwal, District Patiala, 4-None

PAGE :18 Of 996

43

COMMON LAW ADMISSION TEST-2012

ALLOTMENT LIST :07 GNLU GANDHINAGAR

(PLEASE INSERT FILE HERE IN LANDSCAPE FORMAT)

44

Annexure P/3

Gujarat National Law University, Gandhinagar

A Research-Based Teaching University

"GNLU has a unique and innovative model of legal education in the

country ...GNLU has created a unique learning environment for

the students to achieve their professional objectives. Research and

training coupled with solid grounding in theory prepares them for

various segments of employment - be it judiciary, academic or legal

profession...to produce professionals who are technically sound,

professionally competent and socially relevant.., an extensive mid-term

plan... with clear goals and objectives. ... more financial aid would go a

long way in making this as a model university in terms of access,

equity, quality and relevance." (Excerpts from the UGC Report 2011)

Gujarat National Law University (GNLU), Gandhinagar, established

under the Gujarat National Law University Act, 2003, recognized by the

BC and the UGC, aims for excellence in terms of training, research,

education and extension (TREE).

Intellectual, Scholarly and Academic Environment

Only National Law University to offer

integrated law degree in five areas - BA, LLB (Hon.), BCom, LLB (Hon.),

BBA, LLB (Hon.), BSc, LLB (Hon.), BSW, LLB (Hon.), two years LL.M. and

Ph. D. in laws and inter-disciplinary fields as well as diploma/certificate

courses in various areas.

45

GNLU Star Honor for students with distinct additional

achievements;

As the Nodal Agency, empowered to enhance the standards of legal

education, research, training and extension for 32 law colleges in

Gujarat.

Holistic approach to education, research and

training to make Integrated Legal Advisors/ Legal Counsels,

to cater to the needs of the judiciary, government, law firms,

corporate, PSUs, trade Et g2.2 commercial houses, academia,

and NG0s.

Centres of Excellence in niche areas of economy -

Centre for Distance Education, Centre for Private International Law,

Centre for Public International Law, Centre for Sports Law, Centre

for Food Security a Agro-Economy, Centre for Foreign Policy Et

Security Studies, Centre for Environmental Law Et Climate

Change, Centre for Corporate Law, Banking Et Investment for

specialized knowledge and professional excellence.

41 motivated, dynamic, qualified and caring teaching

staff drawn from all parts of India.

A Unique Academic Support Programme (ASP),

special tutoring program, round-the- year for students needing

special attention and wish to achieve high dreams

Regular mentoring and counseling by faculty

members for professional excellence and personal development.

Full-time Placement Coordinator and Committee

46

on Recruitment Affairs to coordinate Placements, Internships and

Scholarships.

Well-developed mid-term plan with clear goals Et

objectives and indicators of achievement

Plans for International Study Trips for limited number

of 8th Semester students to foreign law firms, MNCs, government

establishments, universities, international organizations, NG0s,

chambers of commerce, upon payment of additional charges

Publications

GNLU Law Review (GLR),

GNLU Journal on Law, Development and Politics

(GJLDP) - integrated research journal

Developing World Review on World Trade and

Competition(DWRTC) - journal focussing on trade and

competition, circulated by the World Trade Organisation,

Geneva

Cutting-edge-research publications

by faculty and students

Collaboration with Foreign and National Institutions

MoUs or active academic/research partnership and collaboration at

international, national and state levels with the University of

Mauritius, Mauritius, University of Malaya, Malaysia, CUTS Institute

of Regulation and Competition, New Delhi (National), Haifa

University, Haifa, Israel, Hebrew University of Jerusalem, Israel,

University of Barcelona, IDSE, Institute Barcelona, Spain, United

47

National Institute for Training and Research (UNITAR), Geneva,

Switzerland, World Trade Institute (WTI), Bern, Switzerland,

University of Rome, La Sapienza, Rome, Italy, University of

Copenhagen, Faculty of Law, Copenhagen, Denmark, The Hague

University of Applied Sciences, The Hague, the Netherlands and

arrangements are under way for collaborative relationships with

37 nations across the globe; Gujarat Forensic Science University,

Pandit Deendayal Petroleum University, Raksha Shakti University,

Adani Institute of Infrastructure Management, Nirma University, etc.

Regular optional paper on Foreign Legal and Judicial Systems

taught by visiting foreign professors Mandatory Foreign

Languages Training, Distinguished Ambassador Lecture Series,

etc.

Public-Private Partnership

Active, enriching and dynamic partnership with

public institutions and departments in law creation, execution and

dissemination such as assistance in drafting and reviewing of bills

for various government departments, assistingcorporate and

other sectors in providing legal research and advise;

organizing regular training programmes like Media and Law

Training, Mediation Training, Legislative Drafting Training, Bar

Council of Gujarat Advocates Academy Training, Training for

Police Personnel etc.

GNLU Case Monitoring System Project (Learning

through Assistance): First-hand experience in assisting various

48

levels of judiciary from the district level to the Supreme Court

of India, PSUs, as part of internship/traineeship.

Scholarships, Financial Assistance and Awards

GNLU Scholarships for national and international

Moots

GNLU Scholarships for Conferences, Workshops,

Seminars

GNLU Scholarships for Best Research Papers

GNLU Scholarships for Research Assistance

GNLU Scholarships for International Internships

(UN, Missions of India abroad) and Student Exchange

22 gold medals for academic and extra-curricular

achievements in various subjects

Facilitation of boarding/lodging and similar

kinds of assistance for participation in national/international

events. Mooting

GNLU International Moot Court Competition has

set a benchmark of its own in the whole nation as appreciated

by teams and partners across the world. It is one of the biggest

legal events in the Indian Subcontinent and 4th Edition of

GIMC will be organized from 8-12 February 2012 in

collaboration with the World Trade Institute (Berne,

Switzerland). Participation in nearly 40 national and

international moot competition every year and many more

events.

49

Faculty and senior students assist moot teams to

bring laurels to the GNLU and the nation, along with the financial

support. Performance Management Appraisal System (PMAS)

Professional human resources and financial

management culture with the Performance Management

Appraisal System and Result-Based Budgeting to maintain

high professional standards.

Feedback by students, faculty members and

all staff members at large enable the faculty to achieve

high standards of competence, integrity, efficiency and vision.

Encouragement and assistance for participating in

various training programmes at national and international

level for all employees.

Best Faculty, Best Staff, Best House Keeper

Awards and Goodness Award.

Capacity Building of Law Colleges of the State

As nodal agency, works to achieve high standards

of legal education, research, training and extension for all 32

law colleges of Gujarat and maintains intellectually, socially

and culturally rich relationships with principals, faculty

members and students; plans to organise state level moot for

all law colleges, responsible to publish Gujarat Law Review - a

scholarly research journal, common admission test for

entrance into LLB courses in these colleges, etc.

Internship and Placement

50

A focused, coordinated and concerted approach to

internship and placement with long term career development

in mind.

Commitment to facilitate students with optimum

internships and placements. The students get

opportunities for internships and placements with

international and national law firms, national and state PSUs,

Supreme Court of India, State High Courts, Union and State

government departments, LP0s, banks, corporate houses as

well as NG0s.

Career advice and counseling; soft-skill

workshops; special tutorials by senior students/alumni to

enhance the students' skill sets.

GNLU encourages its graduates to work hard with

sincere commitment and dedication.

Curricular and Extra-Curricular Activities

Mandatory foreign language courses - Arabic,

Chinese, French, Russian, Spanish, German, Japanese, Swahili a

Sanskrit.

Round-the-year extracurricular activities such as

debates, quizzes, and cultural activities, dandiya-garba etc.

Organization of sports meet and representation in

various adventure and sports competitions.

Monthly In-House Faculty Seminars for faculty

members and Debate on Leading Judgments by students.

51

Directors Friday Open Hours Et bi-weekly

dinner with students, monthly visits of students by faculty

Et staff, mid-term parents meet, semester-beginning Et

semester- end meeting of individual batches with the

Director, Registrar, Dean Et all subject teachers.

Library

Library acquisition exceeds more than 42,000

books; with some rare and priceless collections of

international and foreign laws. Additions of new titles every

month - plans to

create first GNLU National Law Museum.

Annual Library budget - Rs. 50 lakh.

Access to Online Law Resources: National

Knowledge Network, Westlaw, Manupatra, Hein Online,

JSTOR, World Bank E Library, as well the library of the Gujarat

High Court.

Access to digital library of the Peace Palace, the

Hague, the largest collection of international law in the world.

Infrastructure

Gandhinagar - safety, security, green and

soothing environment campus in the Knowledge Corridor of

Gujarat

State-of-art modern and classic new campus

spread in 51 acres of land.

A residential university with academic blocks Et

52

halls of residence with wi-fi facility, sports stadium, gym

facilities

All rooms - with attached bathroom-toilet.

Non-smoking, non-alcohol environment and

observance of high standards of manners, ethics and values.

Excellent connection of means of transportation,

High Court and other offices - Airport - 15 min, High Court, 20

min, Legislative Assembly, Sachivalaya (Government of

Gujarat Secretariat) a PSUs - 15 minutes.

Under Graduate Programme

[FIVE YEARS BA/BCom/BBA/BSc/BSW LL.B. (Hons.)]

Eligibility for Admission for UG Programme

Successful clearance of HSC/Intermediate

Examination (10+2 or its equivalent examination with not less

than 50% marks in aggregate (45% in case of SC/ST and

Persons with Disability

Course Structure for UG Programme

Semester I

B.A. B.Com.

5. Principles of Economics 5. Business

Organization Et Management

6. Principles of Political 6. Corporate

Accounting

Science

53

B.B.A. B.Sc.

5. Principles Et Practice of 5. 'Advanced

Sciences - I Management

6. Corporate

Accounting 6. 'Advanced Sciences - II B.S.W.

5. Social Work Profession: Theory and Practices

6. Sociology for Social work in India

Semester II

Law of Contracts-I (General Principles and Specific Reliefs) Legal

Language Et Legal English

Legal History Sociology

Semester III

1. Constitutional Law-I (Article 1 to 51-A)

2. Legal Theory

3. Crimes-I (IPC Et elements of Cr PC )

4. Law of Contracts-II (Specific

Contracts, Partnership and Sale of Goods)

5. Law of Civil Procedure-I

BA. B.Com.

6. Indian Political System: 6. Advance

Accounting Issues Et Issues Et Challenges

B.B.A. B.Sc.

6. Quantitative Techniques 6. Communication Tech Et

54

Pharma Science - II B.S.W.

6. Human Growth and Development

Semester IV

1. Constitutional Law- II (Constitutional Bodies)

2. Interpretation of Statutes

3. Law of Criminal Procedure-II (Including

Probation of Offenders Et Juvenile Justice)

4. Law of Civil Procedure-II (Limitation Et

Registration Act, Drafting , Pleading Et Conveyancing)

5. Administrative Law

B.A. B.Com.

6. Money, Banking Et 6. Corporate Tax Planning

Public Finance

B.B.A. B.Sc.

6. Marketing Management 6. Environmental Science

B.S.W.

6. Social Policy and Planning

Semester V

1. Family Law I

2. Corporate Law I (Companies Act)

3. Banking Law and Negotiable Instruments

55

4. Alternative Dispute Resolution

5. Constitutional Law III (Centre State Relations,

Emergency Et Amendments)

B.A. B.Com.

6. Development 6. Financial Management

Environmental Economics B.B.A. B.Sc.

6. Financial Management 6. Bio - Technology

B.S.W.

6. Gandhian Approach

to Welfare and Development

Semester VI

1. Family Law II2. Public International Law

3. Law of Evidence

4. Corporate Law II Mergers Et Acquisitions,

SEBI, SCRA, aspects of FEMA)

5. Transfer of Property and Easement

B. A. B.Com.

6. International Relations Et 6. Auditing Et

Corporate

Organizations reporting

B.B.A. B.Sc.

6. Business Policy Et Strategic 6. Forensic Science Management/

Entrepreneurship

56

Annexure P/4

On Sun, Jun 3, 2012 at 10:09 PM, Donnie

Lawyer<donnie.a@lawyer.com> wrote:

Dear Sir,

I am a law aspirant from Kolkata. I am writing this letter to

explain my situation to you, with the hope that you will be able to

understand my circumstances and extend a helping hand.

I secured All India Rank 427 in the CLAT, which affords me

the opportunity to secure admission in GNLU under the General

Category. Unfortunately, I was not able to clear my Class XII exam

in my first attempt (in 2011) owing to special circumstances, and

have cleared it this year.

I have received no economic support from my parents from the

time I passed my Class X examination in 2008, and my schooling

has been very erratic since then. I have undertaken various types

of errands to earn a living, but the money I earned was a pittance

compared to my school fees. I could not fund my education, and

could not be admitted to Class XI.

Fortunately, I received some financial support from my sister

next year (in 2009), and was admitted to Class XI. I passed my

57

Class XI examinations in the first attempt.

However, my sister could not continue to provide financial

support, and as I had no money to pay the school fees, I could not

be admitted to Class XII (which was due in March 2010).

After six months, by turn of fate, I heard about the

Increasing Diversity to Increase Access (IDIA) which was started

by Prof. Shamnad Basheer. I scored first rank in the IDIA

Entrance and was admitted into the programme. IDIA paid

for my school fees in December 2011, after which I was admitted

to Class XII.

I was really grateful to have received the opportunity to attempt

Class XII. I decided to give the exams my best shot, although I had

not attended any classes and had less than 70 days to prepare.

Owing to my late rejoining of Class 12 and the sheer paucity of

time, I could not clear the exam, despite my best attempt.

IDIA continued to fund my education in 2012, and I decided to

study hard and focus on my Class XII and CLAT. I was confident

that I could do better this time and do well in CLAT. I was happy

to clear my Board exams this year, and fortunately, I secured All

India Rank 427 in the CLAT.

58

Please note that my inability to clear Class XII examination in

the first attempt was due to lack of financial support and

uncertainty of receiving school education and having missed so

many classes before I was again enrolled after IDIA paid my fees.

I was very disturbed about not being admitted to a school, and

continued to take minor jobs to make a living. Despite not having

attended classes, I was glad to have an opportunity to sit for Class

XII exams and gave it my best attempt, but unfortunately I could

not clear it the first time.

However, my life has changed for the better since IDIA has

supported me, and I have worked very hard last year. I am happy

to have a score which enables me to secure admission to GNLU,

and I urge you to please consider my request and relax the rule

owing to my special and unavoidable circumstances, which were

beyond my control.

I shall be forever grateful to you for allowing me admission to

your university.

Sincerely,

Osho Donnie Ashok

59

Annexure P/5

From: Bimal N. Patel (GNLU) <vc@gnlu.ac.in>

Date: Mon, Jun 4, 2012 at 1:28 PM

Subject: Re: A request from a law aspirant

To: Donnie Lawyer <donnie.a@lawyer.com>

Cc: shamnad basheer <shamnad@gmail.com>, Dharmesh Patel

<dpatel@gnlu.ac.in>, "Ms. Dolly Jabbal" <djabbal@gnlu.ac.in>

Thank you Donnie. We will examine and revert back to you.

Kind regards, Director

On Sun, Jun 3, 2012 at 10:09 PM, Donnie

Lawyer<donnie.a@lawyer.com> wrote:

Dear Sir,

I am a law aspirant from Kolkata. I am writing this letter to

explain my situation to you, with the hope that you will be able to

understand my circumstances and extend a helping hand.

I secured All India Rank 427 in the CLAT, which affords me

the opportunity to secure admission in GNLU under the General

Category. Unfortunately, I was not able to clear my Class XII exam

in my first attempt (in 2011) owing to special circumstances, and

60

have cleared it this year.

I have received no economic support from my parents from the

time I passed my Class X examination in 2008, and my schooling

has been very erratic since then. I have undertaken various types

of errands to earn a living, but the money I earned was a pittance

compared to my school fees. I could not fund my education, and

could not be admitted to Class XI.

Fortunately, I received some financial support from my sister

next year (in 2009), and was admitted to Class XI. I passed my

Class XI examinations in the first attempt.

However, my sister could not continue to provide financial

support, and as I had no money to pay the school fees, I could not

be admitted to Class XII (which was due in March 2010).

After six months, by turn of fate, I heard about the

Increasing Diversity to Increase Access (IDIA) which was started

by Prof. Shamnad Basheer. I scored first rank in the IDIA

Entrance and was admitted into the programme. IDIA paid

for my school fees in December 2011, after which I was admitted

to Class XII.

I was really grateful to have received the opportunity to attempt

61

Class XII. I decided to give the exams my best shot, although I had

not attended any classes and had less than 70 days to prepare.

Owing to my late rejoining of Class 12 and the sheer paucity of

time, I could not clear the exam, despite my best attempt.

IDIA continued to fund my education in 2012, and I decided to

study hard and focus on my Class XII and CLAT. I was confident

that I could do better this time and do well in CLAT. I was happy

to clear my Board exams this year, and fortunately, I secured All

India Rank 427 in the CLAT.

Please note that my inability to clear Class XII examination in

the first attempt was due to lack of financial support and

uncertainty of receiving school education and having missed so

many classes before I was again enrolled after IDIA paid my fees.

I was very disturbed about not being admitted to a school, and

continued to take minor jobs to make a living. Despite not having

attended classes, I was glad to have an opportunity to sit for Class

XII exams and gave it my best attempt, but unfortunately I could

not clear it the first time.

However, my life has changed for the better since IDIA has

supported me, and I have worked very hard last year. I am happy

62

to have a score which enables me to secure admission to GNLU,

and I urge you to please consider my request and relax the rule

owing to my special and unavoidable circumstances, which were

beyond my control.

I shall be forever grateful to you for allowing me admission to

your university.

Sincerely,

Osho Donnie Ashok

--

**************************************

Prof (Dr) Bimal N. Patel

Director

Gujarat National Law University

Attalika Avenue, Knowledge Corridor,

Koba-Gandhinagar 382 007 (Gujarat)

INDIA

Email: vc@gnlu.ac.in

Website: www.gnlu.ac.in

63

Annexure P/6 (Colly)

From: Shamnad <shamnad@gmail.com>

Subject: Re: Urgent Donnie's case

Date: 8 June 2012 9:53:50 PM GMT+05:30

To: Dharmesh Patel <dpatel@gnlu.ac.in>

Cc: "Bimal N. Patel" <vc@gnlu.ac.in>, Donnie Lawyer

<donnie.a@lawyer.com>, "Ms. Dolly Jabbal"

<djabbal@gnlu.ac.in>, vikrant pachnanda

<vikrant.pachnanda@gmail.com>, bitadru sarkar

<sarkarbitadru@gmail.com>, "Mr. Thomas Mathew"

<tmathew@gnlu.ac.in>, bimalrupal@gmail.com

Dear Prof Patel and Ms Jabbal:

Pursuant to my below email to you, I want to thank

Mr Dharmesh Patel for sending us the copy of the AC, EC and GC

resolutions on the issue.

We have studied the same and it is very clear that the EC and GC

merely approved the "information" brochure without in any way

explicitly amending the regulations. As you can appreciate, if you

seek to amend a regulation, then it must be stated so explicitly in

64

the agenda to the EC and other bodies that are to approve these

amendments under the GNLU statute.

May I please quote the extract of the EC resolution (20th EC

meeting on 16th December 2011) on this count:

"Additional Agenda 7: LL. M. intake revision and information

for CLAT 2012 prospectus

The Council approved the fee revision and information for CLAT

2012 prospectus."

A mere informational brochure approved as an "informational"

brochure cannot be tantamount to an amendment to a

Regulation, which as you can appreciate is at a much higher legal

pedestal than a mere brochure.

Put another way, the Council merely approved the information

for the prospectus without seeking to amend any regulation. If an

amendment to the regulation is sought, that must be expressly

stated so in the agenda and the EC must clearly reflect and then

approve or disprove that particular amendment. This is made

more than amply clear by the fact that a related GC meeting (VIII

meeting in January 2012) sought to discuss amendments to the

"regulations" very explicitly. I draw your attention to:

65

"The VII meeting of the General Council resolved that one third of

the members of the General Council shall form the quorum at any

meeting of the General Council and therefore necessary

amendment should be proposed to the Executive Council for the

amendment in the GNLU Regulation."

In other words, where an amendment is sought, it is very

explicitly mentioned in the minutes/agenda of these meetings.

To summarise, the situation is as below:

The GNLU Regulation 59 (as available

at: http://gnlu.ac.in/GNLU_Regulations.pdf) mentions that:

“Candidates with compartment/supplementary in any subject in

the qualifying examination are not eligible for admission.”

The GNLU brochure however (as available

at <http://clat.ac.in/uni_pdf/GNLU%20Gandhinagar.pdf> on

page 39) adds a new eligibility condition altogether by

stipulating that:

“Candidates passing HSc/10+2/equivalent exam by re-

take/more than one attempt/special permissions are not

eligible.”

66

As we have repeatedly argued, a mere brochure cannot override

a Regulation. The EC resolution approving the contents of the

brochure, cannot by any stretch of imagination amount to a

specific amendment of the Regulations in the eyes of the law.

I also attach a legal opinion which we've procured on the issue

which clearly demonstrates that under existing GNLU

regulations, Donnie is well entitled to take admission.

Donnie's case has now been taken up by several well wishers

across the country who wish to take this matter to court.

However, owing to my existing relationship with GNLU and in

particular the respect I have for Prof Bimal Patel and you, I am

not in favour of litigating this, unless we see no fair end in sight.

Could you please come back with your decision on this by

tomorrow morning (preferably by 10 am)---since if we have to

litigate this, we must file our writ by tomorrow late morning (by

around 11 am), so as to secure some order before the process for

the second list begins.

Donnie has gone through very trying circumstances and I believe

this misinterpretation of the rule causes grave injustice to a very

deserving candidate who braved very challenging odds to get to

where he is.

67

You have been very supportive of the IDIA project (and our IDIA

.scholars) and I do hope that you will interpret your rules in a

manner that appropriately fosters the ends of fairness and

justice.

Till then, I remain,

Most sincerely yours,

Shamnad Basheer

Shamnad Basheer

Ministry of HRD Professor in IP Law

National University of Juridical Sciences

Salt Lake, Sector III, 12 LB Block

Kolkata - 700098, India

Founder: IDIA

<http://www.idialaw.com>

Founder: SpicyIP

<http://www.spicyip.com>

68

Founder: P-PIL

<www.p-pil.com>

NUJS profile page : <http://www.nujs.edu/faculty/shamnad-

basheer.html>

SSRN Author page: <http://ssrn.com/author=339749>

Tel No: +91 9831512975

"Independence can only come from realising our inherent

interdependence”

On Fri, Jun 8, 2012 at 6:58 AM,

Shamnad<shamnad@gmail.com> wrote:

Dear Prof Patel,

We had brought to your kind attention the case of Mr. Donnie

Ashok a candidate seeking admission to GNLU. You had

mentioned to me that he is ineligible to take admission despite

69

him having been allotted GNLU under the CLAT list on account of

his having cleared class 12 only on the second attempt.

I fully understand that as the head of a premier university you

are bound by the rules and regulations governing the university

and you rightly find it difficult to deviate from them. I also

appreciate that the university cannot offer admission to a student

who does not possess the minimum criteria applicable under the

rules and regulations.

However, we are not requesting you for a deviation from the

rules or any special concession for Donnie. We are simply

bringing to your attention that the GNLU rules themselves fully

entitles Donnie to admission at GNLU. We have also sought the

opinion of several lawyers on this count, all of whom agree that

Donnie is fully entitled to admission at GNLU under the present

rules.

Section 41 of the GNLU Act states:

"No student shall be enrolled as

a student of the University,

unless he possesses such

qualifications as may be

prescribed by the regulations."

70

The GNLU Regulations state the following in relation to eligibility

of a student for admission:

57: (1) No student shall be

eligible to enrolment in the

Undergraduate Programme of

the University unless he has

passed the Higher Secondary

School Certificate Examination

conducted by the Gujarat

Secondary Education Board or

an examination considered by

the University as equivalent

thereto. Students who have

obtained a first degree from a

UGC recognized University

shall be entitled to take

admission, subject to passing

of the CLAT.

59: (1) Undergraduate

Programmes:

(a) Admission

Criteria and Procedure

71

Admission criteria

and procedure for

Undergraduate programmes

of the University shall be as

follows:

(1) Admission to

the University shall be purely

on the basis of merit, mainly

assessed through a Common

Law Admission Test.

(2) ...

(b) Eligibility

To be eligible for

taking CLAT, a candidate

should have passed Higher

Secondary

School/Intermediate

Examination (10+2) or its

equivalent examination with

not less that 50% marks in

aggregate (45% in case of

SC/ST/OBC and Persons with

Disability) subject to

reservation at the University

72

concerned. Candidate

appearing in the qualifying

examination can also appear

provisionally. However they

shall have to produce proof of

having passed the qualifying

exam before or at the time of

counseling with detailed mark

sheet.

Note: Candidates with

compartment/supplementary

in any subject in the qualifying

examination are not eligible

for admission.

...

Explanation: The Director

shall have the discretion to

review the above Admission

Criteria and Procedure,

including the intake capacity,

and sufficiency of the number

of students for the running of

each of the three

undergraduate degree

courses.

73

From the above regulations, I understand that for a student to be

eligible to be admitted to GNLU, in addition to having secured the

adequate rank in CLAT, he or she must have secured a minimum

of 50% of marks in Class 12 examination. I also understand that a

“candidate withcompartment/supplementary in any subject” is

ineligible for admission.

As demonstrated by the records, Donnie has secured more than

50% in his class 12 examinations. He is not a candidate “with

compartment/supplementary” as he has presently cleared all his

papers. My understanding of the proviso is that it applies to a

candidate who has received 50% or more of marks in the

qualifying exam, but has failed in one or more subjects and is yet

to clear those subjects through the

‘compartment/supplementary’ route.

Donnie is not covered by this proviso. He failed his class 12 in the

first attempt. He repeated class 12. And he cleared all the papers.

At present he has cleared ALL his papers and he is not ‘with a

compartment or supplementary’. In addition, he never had a

supplementary or compartmental as he repeated the entire year,

not specific papers.

74

Thus, under the Regulations, there is nothing rendering Donnie

ineligible for admission. As per the GNLU Act, the criteria for

admission are those prescribed under the Regulations. Further,

Section 46 of the Act makes it clear that even the Executive

Council of the university can amend the regulations relating to

admission criteria only with approval of the Academic Council.

Moreover, any Regulations under the Act are to be laid before the

Hon’ble Chief Justice of India for his approval. Therefore, the

university is not at liberty to impose additional requirements like

that a student must have passed class 12 in a single attempt

without a suitable amendment in the Regulations by the

Executive Council and its due approval by the Academic Council

and the CJI.

Given the above, we see no reason under the applicable rules and

regulations for Donnie to be disqualified. Therefore, we request

you to kindly revisit your decision in the matter.

We also request your humane consideration in this matter as the

circumstances surrounding Donnie’s failing class 12 have been

unique. He was expelled from his school in class 11 because his

family could not afford the fees. I came across him during the

year when he should have been in class 12. IDIA paid the arrears

of his school fees and he rejoined the school. By then, it was

already November and he was far behind other schools. Also, he

75

had chosen a school shaped out of an old garage with no proper

teachers for many of his subjects as his finances would not

permit anything better. With no teachers in the school and just

half an academic year left ahead of him, he was not in a position

to pass the board exams. Clearing CLAT from such an

environment certainly takes superhuman effort and will power

which needs to be encouraged by us, educators. Given these

traits, I am sure he will be an asset to your institution.

Given all the above, I hope you will revisit Donnie’s case and

come out with a favourable decision in accordance with the

applicable rules and regulations. You have been very supportive

of the IDIA movement which seeks to enhance access to premier

legal education in favor of underprivileged students. We had 11

of our IDIA scholars who were successful with CLAT this time

and allotted seats at the premier law schools. We are not asking

for any special concession for any of them: but merely that the

rules be applied fairly to them.

We will continue to look forward to your continued

encouragement and support.

I am also copying in two of your ex-students, Vikrant Pachnanda

and Bitadru Sarkar on this email, with the request that they also

take up the matter with you, so that it can be resolved quickly.

76

Thanking you,

Yours sincerely,

Shamnad Basheer.

Shamnad Basheer

Ministry of HRD Professor in IP Law

National University of Juridical Sciences

Salt Lake, Sector III, 12 LB Block

Kolkata - 700098, India

Founder: IDIA

<http://www.idialaw.com>

Founder: SpicyIP

<http://www.spicyip.com>

Founder: P-PIL

<www.p-pil.com>

NUJS profile page : <http://www.nujs.edu/faculty/shamnad-

basheer.html>

SSRN Author page: <http://ssrn.com/author=339749>

Tel No: +91 9831512975

77

Annexure P/7 (Colly)

GUJARAT NATIONAL LAW UNIVERSITY

Old NIFT Building, E-4 GIDC, Electronics Estate,

Gandhinagar-382028, Phones: 079-

2387157/2387158, Fax: 079-23287156,

http://www.gnlu.org.in

Twentieth Meeting of the GNLU Executive

Council

held at the Office of the Addl. Chief Secretary, Finance

Dept., Govt. of Gujarat on Friday, 16 December 2011 at

1100 hrs

MINUTES OF THE MEETING

Twentieth meeting of the Executive Council (hereinafter “the

Council”) was held on Friday, 16 December 2011 at 1100 hrs at

the office of the Additional Chief Secretary, Finance Department,

Government of Gujarat.

78

Agenda item no. 1: The Council adopted the agenda and

verified the quorum. The following members were present.

Participants:

1. Mr. Bimal Patel (Presiding Officer), Director,

GNLU

2. Mr. M. M. Srivastava, Additional Chief

Secretary, Finance Department, Govt. of Gujarat

3. Dr. Hasmukh Adhia, Principal Secretary,

Education Department, Govt. of Gujarat

4. Mr. O. L. Pandey, Secretary & RLA, Legal

Department, Govt. of Gujarat

5. Dr. Dolly Jabbal, Associate Professor of Law &

Registrar (I/C), GNLU

6. Dr. Ranita Nagar, Associate Professor of

Economics, GNLU

7. Dr. K. Parameswaran, Associate Professor of

Law, GNLU

Special Invitees:-

79

1. Dr. Udayakumara Ramkrishna B.N, Dean & Assistant

Professor of Law, GNLU

Following members expressed their inability to attend

the meeting because of their prior commitments

1. Hon’ble Mr. Justice A. L. Dave, Judge, Gujarat

High Court

2. Mr. Kamal Trivedi, Advocate General, State

of Gujarat

3. Mr. A. K. Joti, Chief Secretary, Govt. of

Gujarat

4. Mr. Samir Barua, Director, IIM, Ahmedabad

5. Dr. Shobhalata V. Udapudi, Associate

Professor of Law, GNLU

6. Dr. Mamta Biswal, Associate Professor of

Law, GNLU

Rapporteur: Mr. Dharmesh Patel, Planning and

80

Coordination Officer, GNLU

Agenda item no. 2: Minutes of the 19th Meeting (II

Session) held on 4 October 2011

The Council approved the minutes of the 19th meeting (II

Session) of the Council held on Tuesday, 4 October 2011 at

the Chief Justice Lounge, High Court of Gujarat with the

following modification;

Additional Agenda No. 3: Reimbursement Claim of

Prof. Bimal N. Patel, Director for the mediclaim

expenses under GNLU Regulation 55.

The Council approved the post medicine expenses of Rs.

4,000/- per month up to period of one year on the basis of

submission of the actual bills.

Agenda item no. 3: Report of the University

81

The Council noted the report and appreciated the progress of

the University. The Council resolved to recommend the High

Court of Gujarat to allow GNLU final year students to appear in

the Civil Judge Examination.

Agenda item no. 4: Appointment & Separation

The Council discussed and approved the following

appointments and separation of Site Engineer (Electrical).

- Head of Examinations/Assistant Controller of

Examination

- Head Budget, Accounts & Finance/ Assistant

Finance Officer

- Head of Internship & Placement

- Secretary to the Registrar

- Head of Electrical And Equipment Store

- Information System & Technology Equipment

Assistant /Network & Specialist

For the remaining positions the Council requested for the

summery of the recruitment process for the approval.

82

Agenda item no. 5: Revision of Fee Structure

After necessary discussion and deliberation the Council

approved the revision of fee structure recommended by the

Finance Committee. Following fees will be applicable to students

of various batches after revision;

Category

UG students (Fees in Rs.)

PG students (Fees in

Rs.)

Gene

ral

SC/ST/PH NRI/FN

General

/

NRI/FN

SC/ST/P

H

33,000/- +

25,000/- +

5,000

A.Y. 2011-12

93,000

/- 78,000/- 10,000 USD

50,000/

- USD

(without

deposit) (NRI) (NRI)

83

A.Y. 2012-13 37,000/- +

29,000/- +

5,000

(Existing

Students

1,03,00

0/- 86,500/- 10,000 USD

56,500/

- USD

without

deposit) (NRI) (NRI)

A.Y. 2012-13 33,000/- + 33,000/- +

(New

Students

1,13,00

0/- 93,000/- 12000 (NRI)/

58,000/

- 3,000 (NRI)/

without

deposit)

15000 (FN)

USD

5,000 (FN)

USD

A.Y. 2012-13 55,000/- + 55,000/- +

(New

Students

1,35,000

/-

1,15,000

/- 12000 (NRI)/

75,000/

- 3,000 (NRI)/

with deposit)

15000 (FN)

USD

5,000 (FN)

USD

A.Y. – Academic Year, F. N. – Foreign

National

84

Agenda item no. 6: Staff and Financial Rules &

Regulations

The Council appreciated and approved the Regulations

and Rules.

Agenda item no. 7: Revision of Auditors Fees for new

campus

The Council approved the revision of the fees as

recommended by the Finance Committee.

Agenda item no. 8: Purchase of New Computers

The Council recommended to purchase the required IT

equipment through the Gujarat Informatics Limited

85

(GIL) and if the GIL is unable to provide within the time

frame required by the GNLU, then, the same to

purchased under DGS & D rates.

Agenda item no. 9: Campus Development Updates

The Council noted the final approval of Rs. 150 crore as

final project cost for the construction of the campus and

asked the Director to expedite the progress.

Agenda item no. 10: Shifting, Inauguration, General

Council meeting and third Convocation

The council noted the planned events and approved the

same.

Agenda item no. 11: Abolition of post of Office of

Superintendent and Termination of Services

86

The Council noted and advised to follow applicable rules

of the departmental inquiry.

Agenda item no. 12: Any other agenda with the

permission of the Chair

Additional Agenda 1: Reimbursement of

transportation cost to the mess

contractor

The Council discussed and approved the

reimbursement of actual expenditure to the mess

contractor.

Additional Agenda 2: Convocation dress

The Council noted and approved the Convocation

dress without cap.

87

Additional Agenda 3: Biometric Time Attendance System

The Council approved the proposal for employees and students

after necessary discussion and deliberations.

Additional Agenda 4: Appointment of Deputy Engineer

The Council approved the recruitment of Mr. Hiren Pandit as

Deputy Engineer.

Additional Agenda 5: Nomenclature of the Class Room at the

new campus

The Council discussed and advised to wait for the nomenclature

of the class rooms.

Additional Agenda 6: Statue of Sardar Vallabhbhai Patel

and Mahatma

Gandhi at the new campus and draft plaque for the

88

inauguration

The Council discussed and approved the expenditure under the

Campus Development Fund.

Additional Agenda 7: LL. M. intake revision and information

for CLAT 2012

prospectus

The Council approved the fee revision and information for CLAT

2012 prospectus.

*****

GUJARAT NATIONAL LAW UNIVERSITY

Attalika Avenue, Knowledge Corridor, Koba,

Gandhinagar Web:

www.gnlu.ac.in

89

Ninth Meeting of the GNLU

Academic Council held at the

Gujarat National Law University

on Friday, 20 January 2012 at

1600 hrs

MINUTES OF THE MEETING

Ninth meeting of the Academic Council (hereinafter “the Council”)

was held on Friday, 20 January 2012 at 1600 hrs at the Gujarat

National Law University.

Agenda item no. 1: The Council adopted the agenda and

verified the quorum. The following members were present.

Participants:

90

8. Prof. Dr. Bimal N. Patel (Chairman), Director, GNLU

9. Mr. Hemant J. Patel, Member, Bar Council of India

10. Mr. Gopinath Amin, Member, Bar Council of Gujarat

11. Prof. N. K. Pathak, Former Director, School of law, Gujarat

University

12. Dr. Shobhalata V. Udapudi, Associate Prof. of Law, GNLU

13. Dr. Vikas Gandhi, Asst. Prof. of Law, GNLU

Special Invitees:-

7. Dr. Dolly Jabbal, Registrar (I/C), GNLU

8. Dr. Udayakumara Ramkrishna B. N., Dean & Assistant

Professor of Law, GNLU

Following members expressed their inability to attend the

meeting because of their prior commitments

91

- Dr. S. Sivakumar, Research Professor, Indian Law Institute,

New Delhi

- Dr. V. S. Elizabeth, Addl. Prof. of History, NLSIU

Rapporteur: Mr. Dharmesh Patel, Planning and Coordination

Officer, GNLU

Agenda item no. 2: Approval of minutes of the VIII meeting

held on Sunday, 17 July 2011

The Council approved the minutes of the VIII meeting held on

Sunday, 17 July 2011.

92

Agenda item no. 3: List of the existing faculty members

The Council noted the list of the existing faculty members.

93Agenda item no. 4: GNLU Academic Directives

The Council noted and approved/ratified the GNLU

Academic Directives published in the last six months.

The Council suggested that students should be given

more training on the research methodology and be

encouraged by various ways to to increase their

research aptitude.

Agenda item no. 5: Award of degree to the

graduated students of 2006 batch and post

graduate students of 2009 batch

The Council approved to award the degree to one

fifty four students of UG and two students of PG on the

III Convocation on 21 January 2012.

Agenda item no. 6: Award of Gold Medals

94The Council approved to award 19 Gold Medals

according to the recommendation of the Scholarships

and Awards Committee on the III Convocation on 21

January 2012.

Agenda item no. 7: Course Structure and Fee

Structure for UG and PG

The Council noted the revision of the fees approved

by the Executive Council and ratified the information

for CLAT prospectus 2012.

Agenda item no. 8: Any other agenda with the

permission of the Chair Additional

Agenda 1: Three years LL. B. Course for

working professionals

The Council approved the proposal of starting

three years LL. B. Couse subject to the detailed

guideline to be circulated for the same and

necessary permission from the Bar Council of

95India/Gujarat may be granted.

Additional Agenda 2: Proposal for Advanced

Contract Law

The Council approved the proposal to

introduce Advance Contract Law.

Additional Agenda 3: Proposal for Practical

Training-cum-evaluation mechanism

The Council approved the proposal for practical

Training-cum-evaluation mechanism. The

detailed guidelines and evaluation scheme shall

be circulated for the approval of the Council.

Additional Agenda 3: Legal Practical

96Assignment for final semester

The Council approved the proposal for Legal

Practical Assignment for final semester. The

detailed guidelines and evaluation scheme shall

be circulated for the approval of the Council.

*****

(TRUE TYPED COPY)

97

GUJARAT NATIONAL LAW UNIVERSITY

Attalika Avenue, Knowledge Corridor, Koba, Gandhinagar

http://www.gnlu.ac.in

Eighth Meeting of the General Council Saturday, 21January 2012 at 1000 hrs

at Gujarat National Law University, Gandhinagar

MINUTES OF THE MEETING

Eighth meeting of the General Council (hereinafter “the Council”) of the Gujarat National Law University was held on Saturday, 21 January 2012 at 1000hrs at the Gujarat National Law University, Gandhinagar.

Agenda item no. 1: Adoption of the agenda and verification of the quorum

The Council adopted the agenda verified the quorum, consisting of 18 members out of the total strength of 26 members (vacant positions are not counted in total strength).

Participants:

1. Hon'ble Mr. Justice Anil R. Dave, Judge, Supreme Court of India& Visitor, GNLU

2. Hon'ble Mr. Justice A. L. Dave, Judge, High Court of Gujarat

3. Hon'ble Mr. Justice Jayant M. Patel, Judge, High Court of Gujarat

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4. Hon'ble Mr. Justice S. M. Soni, Judge (Retd.), High Court of Gujarat

5. Mr. Kamal B. Trivedi, Advocate General, State of Gujarat

6. Prof. (Dr.) Bimal N. Patel, Director, GNLU

7. Ms. Jayanti S. Ravi, Commissioner, High Education, Govt. of Gujarat (Nominee of Hon'ble Shri Ramanlal Vora, Minister for Education, Gujarat)

8. Mr. H. D. Vyas, Secretary, Legislative & Parliamentary Affairs, Govt. of Gujarat (Nominee of Mr. A. K. Joti, Chief Secretary, Govt. of Gujarat)

9. Mr. C. J. Gothi, Secretary (I/C), Legal Department, Govt. of Gujarat

10. Mr. Pankaj S. Champaneri, Assistant Solicitor General, High Court of Gujarat (Nominee of Harin P. Raval, Additional Solicitor General for India)

11. Mr. Hemant J. Patel, Member – Bar Council of India (Nominee of Mr. Ashok Parija, Chairman, Bar Council of India)

12. Mr. Gopinath Amin, Member, Bar Council of Gujarat

(Nominee of Mr. Yogesh Lakhani, Sr. Advocate, High Court of Gujarat)

13. Prof. P. M. Patel, Professor of Political Science, OSD, Faculty of Law, M. S. University (Nominee of Prof. Yogesh Singh, VC, M. S. University)

14. Mr. B. G. Maniar, Associate Professor of Law &HoD, Saurashtra University (Nominee of Mr. M. K. Padalia, VC, Saurashtra

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University)

15. Prof. (Dr.) K. D. Rao, Registrar, NLU, Delhi

(Nominee of Prof. (Dr.) Ranbir Singh, Vice-Chancellor, NLU, Delhi)

16. Mr. N. K. Pathak, Former Director, School of Law, Gujarat University (Nominee of Mr. C. Jayaraj)

GNLU GC/VIII Meeting Minutes

21 January 2012, Page 1 of 7

9. Dr. Dolly Jabbal, Registrar (I/C) & Associate Professor of Law, GNLU (Nominee of Hon'ble Mr. Justice M. R. Calla)

10. Dr. Udayakumara Ramakrishna B. N., Dean & Asst. Prof. of Law, GNLU

(Nominee of Hon'ble Mr. Justice C. K. Thakker, Former Judge, Supreme Court of India)

Special Invitee:

Mr. Amal Dhru, Amal Datt & Associate, Chartered Accountant, Ahmedabad & GNLU Auditor

Following members expressed their inability to attend the meeting because of their prior commitments:

1. Hon'ble Mr. Justice G. S. Singhvi, Judge, Supreme Court of India

2. Mr. R. F. Nariman, Solicitor General of India

3. Hon'ble Mr. G. E. Vahanvati, Attorney General of India

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4. Hon'ble Mr. Justice Bhaskar Bhattacharya, Acting Chief Justice, Gujarat

5. Hon'ble Mr.Dileep Sanghani, Minister for Law & Justice, Gujarat

6. Prof. (Dr.) Samir Barua, Director, IIM, Ahmedabad

7. Mr. Suresh Shelat, Sr. Advocate, High Court of Gujarat

8. Prof. Umakant Pandit, Sr. Advocate, High Court of Gujarat

Rapporteur: Mr. Dharmesh Patel, Planning and Coordination Officer, GNLU.

The Council expressed a serious concern that according to the GNLU Regulations 3(3); a fifteen calendar days' notice is required. However, agenda papers for this meeting were received only before three days and due to this, members were not able to study the agenda in detail for fruitful discussion.The Director explained that due to shifting work and Inauguration function of the new campus, agenda papers could not be dispatched in time. It was also mentioned that date of the VIII meeting was fixed in the VII meeting and formal intimation was given on 15 December 2011 for the same.

The Council agreed with the explanation and informed that due care should be taken in future to ensure that all members receive agenda papers prior to fifteen days of the meeting.

Agenda item no. 2: Approval of draft minute of the VII meeting held on 16 January 2011

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The Council approved the draft minutes of the VII meeting of the Council held on Sunday, 16 January 2011 at 1000 hrs at the Annexe, Circuit House, Ahmedabad.

Following points were discussed under this agenda item;

VIII General Council Meeting Minutes 21 January 2012 at 100 hrs, Page 2 of 7

The VII meeting of the General Council resolved that one third of the members of the General Council shall form the quorum at any meeting of the General Council and therefore necessary amendment should be proposed to the Executive Council for the amendment in the GNLU Regulation.

2) General Council consist of 34 members from various parts of the Country and therefore difficulties are faced for forming a quorum at any meeting of the General Council. Considering this fact, it was proposed to make necessary amendment in the Act to reduce the strength of the members and include membership within the State wherever possible for the convenient participation of the members. Other anomalies were discussed including protocol problem in the membership list of the Act.

The Council constituted a committee to study the Act and examine any amendments necessary, in view of the functioning of GNLU for last 7 years.

1) Hon'ble Mr. Anil R. Dave, Judge, Supreme Court of India & Visitor, GNLU

2) Hon'ble Mr. Justice Jayant M. Patel, Judge,

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High Court of Gujarat

3) Mr. Kamal Trivedi, Advocate General, State of Gujarat

The Council resolved that the Visitor may constitute a Review Commission pursuant to Section 48(1) of the Gujarat National Law University Act, 2003 to review the functioning of the University.

Agenda item no. 3: Annual Report of the University for the year 2011

The Council approved the Annual Report and appreciated the progress of the University.

Following points were discussed under this agenda item;

1) The Director informed that maintenance of the new campus will require huge expenditure. Other national law universities are getting recurring grants from their respective State Governments and therefore Government of Gujarat may be requested to provide recurring grant to GNLU on annual basis.The Councilagreed that maintenance of the campus will require huge fund and therefore a proposal including comparative analysis of other national law universities and requirement of GNLU should be prepared to be placed before the Government of Gujarat.

2) With reference to the request to include

tangible outcome of the Gujarat Legal Education Project (GLEP) in the GNLU Annual Report, the Director informed that Annual Report for the GLEP is prepared separately and

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sent to the Education Department, Government of Gujarat.

3) The Council, taking note of deficit incurred in GNLU International Moot-court Competition, Vibrant Gujarat Summit etc, emphasised that activities involving substantial expenditure carrying sponsorships anticipation, shall be executed with the care for finance and after approval of the Finance Committee.

VIII General Council Meeting Minutes 21 January 2012 at 100 hrs, Page 3 of 7

Agenda item no. 4: Proposal - Implementation of Allowance for the UGC prescribed positions according to Central Government norms

The Council discussed and deliberated on the financial implication due to implementations of the allowances at par with Central government norms. Considering the crunch of positions required according to the UGC guideline and to retain such staff, the Council approved implementation of allowances and other benefits for such staff as per the UGC/Central Government norms, recruited as per the appropriate guidelines with effect from 01 February 2012. Benefits and allowances for positions other than the UGC guideline recruited in accordance with the Government of Gujarat norms/local norms shall be at par with the Government of Gujarat norms. The Council emphasised that GNLU shall follow all UGC norms in recruitment, salary, allowances, etc for all staff who are required as per the UGC norms. The Director informed that GNLU will ensure to put in place UGC mandated structure to

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avail assistance from the UGC on a continuous and gradual basis with funding availability.

Agenda item no. 5: Auditors’ Report (2010-11)

The Council approved the Auditor Report (2010-11) and noted the following;

“The Visitor shall be informed and consulted on a regular basis for all policy matters and important events.”

Agenda item no. 6: CAG report and compliances

The Council ratified the compliances made for the CAG para and approved the same.

Agenda item no. 7: Minutes of the meetings of the Academic Council, the Finance Committee and the Executive Council

The Council approved the minutes of the meeting of the Academic Council, the Finance Committee and the Executive Council held between VII and VIII General Council meeting.

Agenda item no. 8: Any other agenda with the permission of the chair

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Additional Agenda 1: Proposed dates for meetings of the General Council, Executive Council, the Finance Committee and the Academic Council

The Council proposed to organize two meetings of the General Council in a year to provide effective assistance for the progress of the GNLU. The Council fixed following schedule of meetings. The Council decided to hold the 4th Convocation on Saturday, 19 January 2013 at 1600 hours

V

III General Council Meeting Minutes 21 January

2012 at 100 hrs, Page 4 of 7

Executive Council – requirement once in four months

21st Meeting Friday, 23 March 2012

1800 hrs at GNLU

22nd Meeting

Friday, 20 July 2012

1800 hrs at GNLU

23rd Meeting

Friday, 27

December 2012

1800 hrs at GNLU

Academic Council – requirement once in six months

10th Meeting Friday, 6 July 2012

1600 hrs at

General Council – requirement once every year

9th Meeting Saturday, 19 January 2013

1000 hrs at GNLU

10th Meeting

Saturday, 19 January 2013

1000 hrs at GNLU

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GNLU

11th Meeting

Friday, 18 January 2013

1000 hrs at GNLU

Finance Committee – requirement once in six months

10th Meeting Friday, 2 March 2012

1700 hrs at GNLU

11th Meeting

Friday, 21

September 2012

1700 hrs at GNLU

*IVConvocation: Saturday, 19 January 2013 at 1600 hours

Additional Agenda 2: Campus Development updates

The Director provided update on the Campus Development work. He also expressed difficulties and frustrations in organizing meeting of Standing Advisory Committee on Campus Development (SACCD) due to unavailability of the members. Copies of the email, sent to the members of the SACCD, were circulated to the members of the Council. He briefed and expressed serious concerns on failure of Architect in complying with the terms and conditions of appointment, serious substantial failure in providing services, humiliation of senior staff members of GNLU, delay in project completion, series of structural and minor defects in the premises, malice campaign, cost overrun, etc. and requested the Council to take stern actions against the Architect. The Council noted the information on Architect and progress of the Campus. The Council recommended

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to call a meeting of the SACCD at the earliest and to conduct the meeting with the members who can remain present in the meeting.

*****

Approval of the Minutes:-

Sl.

No.

Name of the member Signature

1. Hon'ble Mr. Justice Anil R.

Dave, Judge, Supreme

Court of India & Visitor,

GNLU

2. Hon'ble Mr. Justice A. L.

Dave, Judge, High Court of

Gujarat

3. Hon'ble Mr. Justice Jayant

M. Patel, Judge, High Court

of Gujarat

4. Hon'ble Mr. Justice S. M.

Soni, Judge (Retd.), High

Court of Gujarat

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5. Mr. Kamal B. Trivedi,

Advocate-General, State of

Gujarat

6. Prof. (Dr.) Bimal N. Patel,

Director, GNLU

7. Dr. Jayanti S. Ravi, IAS,

Commissioner, High

Education, Govt. of Gujarat

(Nominee of Hon'ble Shri

Ramanlal Vora, Minister

for Education, Gujarat)

8. Mr. H. D. Vyas, Secretary,

Legislative &

Parliamentary Affairs,

Govt. of Gujarat (Nominee

of Mr. A. K. Joti, Chief

Secretary, Govt. of Gujarat)

9. Mr. C. J. Gothi, Secretary

(I/C), Legal Department,

Govt. of Gujarat

10. Mr. Pankaj S. Champaneri,

Assistant Solicitor General,

High Court of Gujarat

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(Nominee of Harin P. Raval,

Additional Solicitor

General for India)

11. Mr. Hemant J. Patel,

Member – Bar Council of

India, (Nominee of Mr.

Ashok Parija, Chairman,

Bar Council of India)

12. Mr. Gopinath Amin,

Member, Bar Council of

Gujarat (Nominee of Mr.

Yogesh Lakhani, Sr.

Advocate, High Court of

Gujarat)

13. Prof. P. M. Patel, Professor

of Political Science, OSD,

Faculty of Law, M. S.

University (Nominee of

Prof. Yogesh Singh, VC,

M. S. University)

14. Mr. B. G. Maniar, Associate

Professor of Law & HoD,

Saurashtra University

(Nominee of Mr. M. K.

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Padalia, VC, Saurashtra

University)

15. Prof. (Dr.) K. D. Rao,

Registrar, NLU, Delhi,

(Nominee of Prof. (Dr.)

Ranbir Singh, Vice-

Chancellor, NLU, Delhi)

16. Dr. Dolly Jabbal, Registrar

(I/C) & Associate Professor

of Law, GNLU (Nominee of

Hon'ble Mr. Justice M. R.

Calla)

17. Mr. N. K. Pathak, Former

Director, School of Law,

Gujarat University

(Nominee of Mr. C. Jayaraj)

18. Dr. Udayakumara

Ramakrishna B. N., Dean &

Asst. Prof. of Law, GNLU

(Nominee of Hon'ble Mr.

Justice C. K. Thakker,

Former Judge, Supreme

Court of India)

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Special Invitee

Mr. Amal Dhru,

Amal Datt & Associate,

Chartered Accountant, &

GNLU Auditor

VIII General Council Meeting Minutes 21

January 2012 at 100 hrs, Page 5 of 7

VIII General Council Meeting Minutes 21

January 2012 at 100 hrs, Page 6 of 7

VIII General Council Meeting Minutes 21

January 2012 at 100 hrs, Page 7 of 7

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Annexure P/8

On 08-Jun-2012, at 10:23 AM, Dharmesh Patel wrote:

Dear Prof. Bashir,

Following to our telephonic discussion and your discussion

with Prof. Thomas Mathew, kindly note that GNLU will not

be able to admit the candidate according to the published

information in CLAT brochure. The published information

was also approved by the Academic Council and Executive

Council who are competent body to decide in the matter.

You may request to CLAT office for reshuffling issue. CLAT

office will definitely consider him for reshuffling to another

NLU in the next list.

Thank you,

Rgds

***

(TRUE TYPED COPY)

113

Annexure P/9

Date: June 10, 2012

Notice

Today being a Sunday, some law universities could not provide

complete information regarding deposition of fees. Consequently,

the exact number of vacancies will be known on June 11, 2012 only.

Therefore, the II List of admission with reshuffling will be issued by

late evening on June 11, 2012.

Convenor

CLAT 2012

114

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

DISTRICT: ________

SPECIAL CIVIL APPLICATION NO OF 2012

IN THE MATTER OF:

Osho Donnie Ashok

… Petitioner

VERSUS

State of Gujarat & Ors.

… Respondents

I N D E X

SR.

NO.

ANNEXURE PARTICULARS PAGE

NO.

1 - Memo of Application

2 P/1 Memorandum of Understanding

establishing Common Law Admission

Test.

3 P/2 Copies of the relevant pages of rank

list and university allocation list of

Common Law Admission Test 2012

4 P/3 Copy of the relevant page of the CLAT

Brochure 2012

115

5 P/4 Copy of the electronic mail dated June

3, 2012 from the Petitioner to the

Director of GNLU, Respondent No. 2

6 P/5 Copy of electronic mail dated June 4,

2012 from the Director of the

Respondent No. to the Petitioner.

7 P/6 Copies of electronic mails dated June

7 and 8, 2012 from Prof. Shamnad

Basheer to Respondent No, 2

8 P/7 Copies of the minutes of the relevant

meetings of the Executive Council,

Academic Council and the General

Council of GNLU, Respondent No. 2

9 P/8 Electronic mail dated June 8, 2012

from GNLU, Respondent No. 2 to Prof.

Shamnad Basheer.

10 P/9 Notification published on the website

of Respondent No. 3 – www.clat.ac.in

dt. 10.06.2012

Place: _________ Date: 10/06/2012

_______________________ (R. P. MANKAD)

ADVOCATE FOR THE PETITIONER

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

DISTRICT: ________

SPECIAL CIVIL APPLICATION NO OF 2012

IN THE MATTER OF:

Osho Donnie Ashok

… Petitioner

VERSUS

State of Gujarat & Ors.

… Respondents

LIST OF DATES AND EVENTS

SR.

NO.

DATE PARTICULARS

1 2009 The Petitioner (then a student in Class 11),

was expelled from school for non-payment of

fees.

2 November,

2010

IDIA, a charitable trust cleared the Petitioner’s

arrears of fees and petitioner was allowed to

rejoin school.

3 May, 2011 Petitioner appeared for class 12 examinations

and failed.

4 May, 2012 The petitioner passed Class 12 with 56.25%

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aggregate

5 28.05.2012 Respondent 3 published results of Common

Law Admission Test, 2012. The petitioner

secured an All India General Rank of 427 and

was allotted a seat in National University of

Study and Research in Law, Ranchi

6 01.06.2012 Respondent 3 published a revised list

according to which the Petitioner was allotted

a seat in the Gujarat National Law University,

Respondent 2.

7 03.06.2012 The Petitioner addressed an electronic mail to

the Director of Respondent No. 2

8. 04.06.2012 The Director of Respondent 2 addressed an

electronic mail to the Petitioner.

9. 07.06.2012

and

08.06.2012

Prof. Shamnad Basheer, the Managing trustee

of IDIA corresponded with various

functionaries of Respondent No. 2 through

electronic mail and telephone.

10. 08.06.2012 Respondent No. 2 informed Prof. Shamnad

Basheer though electronic mail that the

Petitioner would not be admitted into the five

year B.A. LL.B. (Hons.) programme.

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11. 08.06.2012 The Petitioner physically presented himself

before the admission desk of Respondent 2

with his application form and supporting

documents. Respondent 2 declined to accept

his application.

12. 10.06.2012 Notification published on the website of

Respondent No. 3 – www.clat.ac.in announcing

that second list of students would be published

on 11.06.2012

Place: _________

Date: 10/06/2012

_______________________

(R. P. MANKAD)

ADVOCATE FOR THE PETITIONER