IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
WRIT PETITION (CIVIL) NO. _______ OF 2018
BETWEEN:
Disha Panchal & Ors. ... Petitioners
AND
Union of India & Ors. … Respondents
(FOR INDEX PLEASE SEE INSIDE)
ADVOCATE FOR PETITIONERS: ANAND SHANKAR JHA
Bar & Bench (www.barandbench.com)
I N D E X
Sl.
No.
Particulars of Documents Page No. of part to
which it belongs
Remarks
Part 1
(Contents
of Paper
Book)
Part II
(Contents
of file
alone)
(i) (ii) (iii) (iv) (v)
1. Listing Performa A-1 to A-2
2. Cover Page of Paper Book A-3
3. Index of Record of
Proceedings
A-4
4. Limitation Report prepared by
the Registry
A-5
5. Defect List A-
6. Note Sheet NS1 to …..
7. Synopsis, List of Dates &
Events.
B -
8. Writ Petition under Article 32
of the Constitution of India
with affidavits.
9. Annexure-“P-1”
True Copy of Circular No.
NUALS/CLAT2018/951/03/201
7 issued by Respondent No. 2
dated 20.12.2017.
10. Annexure-“P-2”
True Copy of Instructions for
submission of online
application issued by
Respondent No. 2 dated NIL.
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11. Annexure-“P-3”
True Copy of Admit Cards of
Petitioner No. 1 to 6 dated
NIL.
12. Annexure-“P-4”
True Copy of Article dated
20.04.2018 published by
Express Web Desk of Indian
Express.
13. Annexure- “P-5”
True Copy of Article dated
21.04.2018 published by Zee
Media Bureau.
14. Annexure- “P-6”
True Copy of Article dated
13.05.2018 titled CLAT 2018
conducted today amidst
server crashes, ruckus,
glitches Nationally published
by Online Portal
Youthkiawaaz.
15. Annexure- “P-7”
True Copy of Article dated
14.05.2018 published by
LegallyIndia Online Portal.
16. Annexure- “P-8”
True Copy of Article dated
14.05.2018 titled CLAT 2018
Mismanaged, Calls for Retest
Echo Nationally published by
Online Portal Youthkiawaaz.
17. Annexure- “P-9”
True Copy of Article dated
15.05.2018 titled CLAT 2018
Bar & Bench (www.barandbench.com)
hits with technical glitches and
mismanagement published by
Education Desk of Indian
Express, New Delhi.
18. Annexure- “P-10”
True Copy of Article dated
15.05.2018 titled Tip of CLAT
2018 Iceberg keeps growing:
At least 1400 Students have
serious complaints as
published by Legally India
Online Portal
19. Annexure “P-11”
True Copy of Representation
dated 15.05.2018 submitted
by Petitioner No. 5
20. Annexure “P-12”
True Copy of Representation
dated 16.05.2018 submitted
by Petitioner No. 2
21. Annexure “P-13”
True Copy of Representation
dated 16.05.2018 submitted
by Petitioner No. 6
22. Annexure “P-14”
True Copy of Representation
dated 16.05.2018 submitted
by Petitioner No. 1
23. Annexure “P-15”
True Copy of Representation
dated 17.05.2018 submitted
by Petitioner No. 3
24. Annexure “P-16”
True Copy of Representation
dated 17.05.2018 submitted
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by Petitioner No. 4
25. Urgency Affidavit
26. Letter of Urgency + Fresh
Letter
27. Filing Memo
28. Vakalatnama
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SYNOPSIS
The present writ Petition is being preferred before this
Hon‟ble Court to highlight various instances of grossly
improper, arbitrary and negligent conduct of Common
Law Admission Test (CLAT) 2018 by Respondent No. 2
and 3, which is a single window entrance mechanism for
admission into nineteen (19) prestigious National Law
Universities across seventeen (17) states of Union of
India. The manner in which such a highly competitive
examination was conducted, has jeopardized the future
of thousands of students who appeared for this
examination held on 13.05.2018. Total apathy shown by
Respondent No. 2 and 3 to a widespread outcry against
technical glitches and mismanagement in CLAT 2018
requires immediate intervention by the Hon‟ble Apex
Court.
Petitioners are students who appeared for CLAT 2018
examination after years of preparation and hard work. At
the outset it must be noted that CLAT 2018 is an
examination that is conducted on an online platform in
designated test centers across the Country. All the
students are mandatorily expected to submit their
responses on a web portal managed and hosted by an
online vendor which is a third party appointed by
Respondent No. 2 and 3. Apart from being a highly
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competitive examination wherein about 60,000 students
appeared on 13.05.2018, this examination is held within
a limited time frame of 120 minutes wherein students are
expected to answer 200 questions. These questions are
based in a multiple choice format wherein a student has
to click on the correct answer amongst options A, B, C or
D. These questions appear in a linear manner, which is to
say that the user has to click on the NEXT button on the
screen to move to the next question, and after clicking on
SUBMIT button to register a response. It is also pertinent
to point out that this online platform has an in – built
timer which is set at 120 Minutes. In this way, a student
is awarded marks on the basis of the total number of
questions attempted within the limited time frame.
Impeccable computer systems, server and infrastructural
facilities at the examination center are preconditions for
fair conduct of an examination which is conducted on an All
India basis and which will conclusively decide the fate of
over sixty thousand students, against a total of 2100 seats
in the Undergraduate Program for B.A/ B.Sc/ B.Com/
B.B.A. LLB (Hons) courses . Loss of time by even 5
minutes in such an examination may put the effort of
candidates to a naught. It must also be appreciated that
difference of even 1 mark may result in significant
variation in the rank list. Viewed in light of such
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circumstances and prerequisites, the lackadaisical
implementation of CLAT 2018 has severely jeopardized the
future of students who have sacrificed precious years to
get a fair chance for those 2 hours, which was conveniently
taken away from them on account of gross negligence
exhibited by the CLAT Convener. It is under these
circumstances, that the Petitioners have been constrained
to knock at the doors of this Hon‟ble Court. It is
respectfully submitted that the Petitioners and thousands
of other students faced severe hardships that vitiate the
entire examination held by CLAT 2018 Core Committee. An
indicative list of such mis-happenings and problems faced
by the Petitioners is as follows:
(a) Blank Screens whilst attempting the questions, for
almost 10 minutes after commencement of examination.
(b) Regular hanging/disruption of computer systems
provided to the Petitioners.
(c) Electricity cut and Power Failures at several centers
across India.
(d) Problems in bio-metric verification of candidates.
(e) Test timers continuing to run inspite of hanging of
/crashing of computer systems.
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(f) Direction given by the invigilators to shift from one
computer system to another while the exam was under
progress, thereby causing irreparable loss to the students.
(g) Infrastructural issues such as extremely old hard
ware and mouse which was not fit to be used for a
competitive examination such as the present one.
(h) Discrepancy in examination time allotted to different
candidates which varied from center to center at the
individual discretion or whims of the invigilators in the
concerned test center.
(i) Non – adherence to the instructions contained in the
Admission Card and non-observance of pre – testing of the
computer systems to obviate any technical glitches during
the conducting of the examination.
(j) Absence of a uniform protocol to deal with the
allotment of time, or extension of time in case of electric
failure, or technical failure of the software, or any other
alternative arrangement to make up for the valuable time
lost.
(k) No specific seats were allotted to the Petitioners and
the Petitioners were made to sit on random computer
systems which were presumed to be working properly as
per the Respondents.
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These issues were faced by thousands of students and led
to huge public outcry. Several newspapers, websites and
social media platforms have repeatedly raised concerns
about gross mismanagement of the examination. A
number of articles were carried by Indian Express, Zee
Media, Legally India, Bar and Bench and Youth Ki Aawaz
highlighting the concerns of students across India. In an
interview published by Legally India on 14.05.2018,
Respondent No. 3 reportedly gave a statement as follows:
“We are looking into each and every report. At 1.5%
(of the total) centers computers failed and
immediately (the candidates) were given the time. I
manually look into the computer login report.”
This statement amounts to a clear admission that CLAT
2018 was marred by severe technical problems. Even if it
is assumed that problem was faced by only 1.5% of the
total students it would mean that about 850 students were
clearly denied an opportunity to participate in CLAT 2018
in a fair, effective and transparent manner. This itself is a
sufficient ground to quash the entire examination.
However as is evident, the erros and omissions were
deliberate and negligent, and a clear attempt is made by
Respondent No. 3 to underplay the magnitude of problems
that have been caused in conducting the examinations. In
the aftermath of the examinations, various Writ Petitions
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came to be preferred across various High Courts by
individual students bringing into light all the maladies that
have occasioned on account of the negligence of the
invigilators, poor conditions of the test centers, apathetic
attitude of the Convener CLAT 2018, as well as serious
problems with the softwares and the online platform relied
on to conduct the examination which clearly demonstrates
that the problem is extremely severe and requires
immediate judicial intervention so as to save precious
futures.
In further blatant disregard of aspirations of the
Petitioners, the Respondent No. 2 and 3 have failed to
even acknowledge the representations submitted by them.
It is indeed regrettable to note that even now neither an
expert committee has been appointed nor any statement
has been issued disclosing the steps taken by the
Respondent No. 2 and 3 to protect the interest of the
Petitioners and hundreds of similarly situated students.
Respondent 2 and 3 cannot be permitted to take
advantage of their own wrong and the shield of limited
time schedule for the examination. This deliberate
executive inaction by Respondent No. 2 and 3 hits at the
very basis of the principles of accountability, fair play,
transparency and is violative of Articles 14 and 21 of the
Constitution.
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The present Petition is filed in the interests of justice. A
number of Writ Petitions have already been filed by
students in several High Courts in respect of similar
grievances.
This writ petition has been preferred to bring to the notice
of this Hon‟ble Court a systematic, procedural negligence
carried out at an institutional level, which has effaced any
semblance of transparency or accountability to be
observed while conducting an all India entrance
examination.
The instant Writ Petition attempts to bring out the
arbitrary, opaque, unreasonable and hopeless
implementation of CLAT conducted by the respondents
herein.
Although the popularity amassed by CLAT is on a steady
rise, the planning and implementation of conducting the All
India Examination is marred with serious flaws from the
choice of technical partner to an abrupt and sudden
change in the software platform within weeks before the
conduct of examination without actually giving in a
reasonable amount of time to the candidates to get used
to the software. The delay in the online application form
due to technical errors further suggests that the software
wasn‟t free from errors.
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Therefore, owing to all the technical glitches, inefficient
management, and the incompetent conduction of a
national level entrance examinations, the Petitioner seeks
the immediate intervention of this Hon‟ble Court to address
the grievances of thousands of candidates whose rights
under Articles 14 and 21 of the Constitution of India have
been blatantly violated. Hence, the present petition.
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LIST OF DATES AND EVENTS
2014 - 2017 Petitioners are students aspiring to join
prestigious National Law Schools set up in
various states of India. In year 2007, the Vice
Chancellors of seven National Law Universities
namely, National Law School of India
University (NLSIU) Bangalore, NALSAR
University of Law (NALSAR) Hyderabad,
National Law Institute University (NLIU)
Bhopal, West Bengal National University of
Juridical Sciences (NUJS), Kolkata, National
Law University (NLU) Jodhpur, Hidayatullah
National Law University (HNLU) Raipur and
Gujarat National Law University (GNLU)
Gandhinagar entered into a Memorandum of
Understanding for establishment of a Common
Law Admission Test (“CLAT”).
Further in year 2014 another Memorandum of
Understanding was executed by then existing
sixteen (16) National Law Universities
whereby the above mentioned seven (7)
National Law Universities along with Dr. Ram
Manohar Lohia National Law University
(RMNLU) Lucknow, Rajiv Gandhi National
University of Law (RGNUL) Patiala, Chanakya
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National Law University (CNLU) Patna,
National University of Advanced Legal Studies
(NUALS) Kochi, National Law University Odisha
(NLUO) Cuttack, National University of Study
and Research in Law (NUSRL) Ranchi, National
Law University Assam (NLUJAA) Guwahati,
Damodaram Sanjivayya National Law
University (DSNLU) Vishakhapatnam and
Tamil Nadu National Law School (TNNLS)
Tiruchirapalli entered into a fresh
Memorandum of Understanding for conducting
Common Law Admission Test.
Further, three (3) more National Law
Universities namely Maharashtra National Law
University (MNLU- Mumbai) Mumbai,
Maharashtra National Law University (MNLU-
Aurangabad) Aurangabad and National Law
University (NLU-Nagpur) Nagpur have also
joined in and are participating in conduct of
Common Law Admission Test (“CLAT”).
20.12.2017 As per the terms of Memorandum of
Understanding between National Law
Universities, Common Law Admission Test
(“CLAT”) is conducted by rotation depending
on the year of establishment of the respective
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National Law Universities. Accordingly, the
first Common Law Admission Test (“CLAT”)
was conducted in year 2008 National Law
School of India University (NLSIU) Bangalore.
On 20.12.2017, National University of
Advanced Legal Studies (NUALS) Kochi issued
a circular bearing circular number NUALS/
CLAT 2018/951/03/2017 inviting applications
for admissions to the Under Graduate and Post
Graduate Degree programmes in Law in the
Nineteen (19) National Law Universities in
India. As per this circular, the basic
educational qualification was set out for Under
Graduate programme and Post Graduate
programme. The date for commencement of
submission of Online Application was
01.01.2018 and the last date for submission
was fixed for 31.03.2018. The date for holding
Common Law Admission Test (“CLAT”) 2018
was 13.05.2018.
All the students were instructed to visit the
official website of CLAT 2018 (www.clat.ac.in)
for detailed instructions including Syllabus,
Eligibility, Exam Pattern and list of important
dates and instructions.
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22.09.2017 The National University of Advanced Legal
Studies (NUALS), Kochi, the Respondent
herein which on the basis of rotation were to
conduct CLAT 2018, announced the
examination date on its official website.
01.01.2018 The online CLAT portal started to accept
applications of students for the Under
Graduate and Post Graduate courses of Law.
All the aspirants were mandatorily required to
submit online application and all the necessary
instructions and notifications were conveyed
through the online portal itself. The procedure
for filling up the application form was set out
on the online CLAT portal.
The National University of Advanced Legal
Studies (NUALS) Kochi was the designated
University for conducting Common Law
Admission Test (“CLAT”) 2018. Hon‟ble Vice-
Chancellor of NUALS Kochi was appointed as
the Convener of CLAT 2018 Core Committee
being the Vice-Chancellor of the conducting
University. Hon‟ble Vice-Chancellor(s) of all
Nineteen (19) participating Universities were
members in the CLAT 2018 Core Committee.
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Another Committee, namely the CLAT 2018
Implementation Committee was setup for
smooth implementation of CLAT 2018
comprising of Registrar(s) of all Nineteen (19)
National Law Universities.
31.03.2018 As on the last date for submission of online
application i.e., 31.03.2018 approximately
60,000 students from all parts of India
submitted their duly filled in application forms
and deposited requisite fees to appear for
CLAT 2018. Petitioners had also submitted
their application forms and made the
necessary fee deposit. It is pertinent to
mention that the cost of the Application Form
was about Rs. 4,000 per candidate. This
amount when tallied against the total strength
of the students would roughly come down to
Rs. 24 Crores. This clearly demonstrates that
for the 2018 Edition of CLAT, NUALS Kochi had
sufficient funds to conduct the All India
Entrance Examination in a fair and transparent
manner.
20.04.2018 As per the instruction made available on the
online portal of CLAT 2018, students were
instructed to download their Admit Cards/Hall
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Tickets starting from 20.04.2018. However,
the petitioners noticed that Respondent No. 2
and 3 had uploaded a Disclaimer on the
website stating as follows:
“Owing to some technical reasons, the
downloading of Admit Card will
commence only from April 26, 2018.”
Note: It is relevant to mention that CLAT
2018 was expected to be a completely online
examination. All the instructions prior to the
exam were also to be issued through the
online portal itself. That right from the very
beginning there were several technical mis-
happenings which ultimately resulted in
extremely poor, unfair and arbitrary conduct
of CLAT 2018.
26.04.2018 Petitioners and all the other students were
able to download their Admit Cards from the
website of CLAT 2018 and the said Admit Card
came with a particular set of instructions for
online examination.
It is relevant to mention that the entire
interface for CLAT 2018 Examination was
modified by Respondent No. 2 and 3. There
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was a remarkable shift from the online
interface followed from 2015 i.e., the year
when CLAT was first conducted as an online
examination. To the surprise of the
Petitioners, a new testing interface was
presented inter alia with section tags and de-
tags that caused serious problem to all the
students appearing for the examination
including the Petitioners herein. That the
instructions issued along with the admit cards
was the first instance of communication of
such sweeping changes made by Respondent
No. 2 and 3 for online CLAT examination 2018.
13.05.2018 Petitioners appeared for CLAT 2018
examination at their respective centers. About
58,000 students appeared for the CLAT 2018
examination in a total of 260 examination
centers set up across India. This examination
was conducted by Respondent No. 2 and 3
with the aid and assistance of a private
company namely M/s Sify Technologies Ltd.
That the students across various states of
India faced serious problems in almost 200
online examination centers. The problems
included power cuts, failure of log-in system,
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slow biometric verification, blank screens,
substantial loss of time in system log-ins,
dysfunctional tabs, particularly the ones which
enabled a student to “SUBMIT” his/her
response or to move to the “NEXT” question
after the response was submitted, overhaul of
software interface, lack of adequate number of
additional computers for emergency purposes,
functioning of the timer, unprofessional and
negligent response of the invigilators.
Primarily these difficulties led to significant
loss of time (averaging about 5-30 minutes
from student to student) which has totally
vitiated the very essence an online
competitive exam of 120 minutes wherein a
student is expected to answer 200 questions.
Roughly, a little over 1 Minute per question is
the optimum speed required to be maintained
in an examination of such nature. To lose 30
minutes would result in ouster from the
competition itself, considering as many as
over 100 students could lie on the same rank,
which may differ by One Mark. In such a
highly competitive and rigorous examination,
loss of time essentially means fait accompli for
the aspirations of any student. It is relevant to
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mention that the ranking of a student can slip
by thousand or more ranks by a simple
difference of one or two incorrect answers/
un-attempted questions. In such
circumstances when the severe technical
lapses are viewed, it essentially means gross
violation of fundamental rights of students
under Article 14 and 21 of the Constitution of
India.
In addition to these gross technical problems,
students faced several other issues such as
extremely poor infrastructure of examination
centers, lack of proper guidance from staff
recruited by the examination centers and
several instances of unfair conduct of
examination. For instance, at an examination
center at Hissar, Haryana, few students were
seen attempting the examination till 7:00 PM
whereas the exam was expected to conclude
at 5:00 PM itself. Whereas in other centers
across the Country, there have been instances
when on account of the technical problems
being faced by a student, an initial promise
was made by the invigilator to grant extended
time, but the same was abruptly truncated by
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the invigilator, thereby granting only an hour
and a half to complete the entrance
examination. In some serious cases, the
invigilators and test center coordinators
resorted to coercion to shut down the test
without giving any extra time or opportunity
on account of the time lost by a student. In
essence, it is submitted that Petitioners and
thousands of other similarly situated students
were compelled to take the examination under
grossly unfair conditions that has all the
makings of seriously jeopardizing their result.
The final outcome or rank list prepared out of
such an examination is bound to be erroneous
and grossly unjust.
14.05.2018 An interview of Vice-Chancellor of NUALS
Kochi was published by website namely
(www.legallyindia.com) wherein it was
reported that 98.5% of CLAT 2018 went
smoothly and that there have been reports
regarding the computes crashing at some of
the centers. Assuming the figures to be
correct, it can be safely concluded that about
thousand (1000) students admittedly faced
technical difficulties which is a sufficient
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ground for cancellation of entire CLAT 2018
examination. It has to be noted that CLAT
2018 is a competitive examination wherein
ranking of students significantly varies even in
a gap of 1 or 2 marks. In such circumstances,
if about thousand (1000) students were not
given fair opportunity for attempting the
examination, it would lead to entire rank list
being unfair and unjust.
14.05.2018 Gross technical errors and unfair conditions of
examination lead to widespread public outcry.
Several newspapers, websites, blogging
portals reported of remarkably poor conduct of
CLAT 2018 by Respondent No. 2 and 3. This
includes articles published in Indian Express,
Youth Ki Awaaz, Legally India, Lawoctopus,
Bar and Bench, Zee Media etc.
Petitioners are constrained to prefer this Writ
Petition in Public Interest setting out their
grievances and instances of violation of their
fundamental rights. Additionally, it is also
stated that students from more than 20 states
are gravely prejudiced by unfair, unjust and
mismanaged conduct of CLAT 2018 by
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Respondent No. 2 and 3. In view of the time
constraints under which the Petitioners are
operating, the present Petition is filed by 6
students from two (3) different states i.e.,
Delhi, Uttar Pradesh and Chhattisgarh.
However, more than 500 similarly situated
students are likely to join the present Petition
in immediate future.
15.05.2018 That a number of online platforms including
Twitter and Facebook carried hundreds of
discussions about mismanagement and
technical glitches that vitiated the entire CLAT
2018 examination. A Google Form
Questionnaire was uploaded on the internet
seeking response of genuine exam takes and
students who appeared for CLAT 2018. It is
appalling to mention that within a of the
Google Form/Questionnaire going online, more
than one thousand (1000) have reported
issues about technical glitches, infrastructural
short comings and illegalities committed in
conduct of CLAT 2018.
15.05.2018 A Civil Writ Petition, being CWP no.
12792/2018, titled Pranjal Goel v. Union of
India & Others before Hon‟ble High Court of
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Punjab & Haryana was filed by a Haryana-
based CLAT aspirant, Pranjal Goel, under
Articles 226/227 of the Constitution of India,
alleging that he lost approximately 30 minutes
during his test owing to technical glitches.
16.05.2018 Out of the seven students who filed a police
complaint in Jaipur, two of them, Akshay Jain
and Mansi Jain, filed a Writ Petition, being
CWP no. 10818/2018 titled Akshay Jain &
Another v. NUALS & Others. The petitioners
prayed for: (i) an appropriate writ, order or
direction, directing the Respondents to re-
conduct the CLAT - 2018 examination or
provide to the Petitioners with such extra
marks, and (ii) passing of any other writ,
order or directions to which the Petitioners
may be entitled to in the circumstances of the
case be issued in their favour. The Hon‟ble
High Court was pleased to issue notice in the
matter.
19.05.2018 Hence, the present Petition.
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IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
WRIT PETITION (CIVIL) NO. ______ OF 2018
IN THE MATTER OF:
1. Disha Panchal
D/o Shri Satish Panchal
House No. 13408, Ram Nagar Extension
Street No. 5, Mandoli Road
Shahdara, Delhi – 110032
Contesting
Petitioner No. 1
2. Tapan Gaur
S/o Shyam Sunder Sharma
57, Second Floor, Sharda Niketan
Pitampura, New Delhi – 110034
Contesting
Petitioner No. 2
3. Vritant Garg
S/o Ruchir Garg
L-25,Behind RKC, Krishna Nagar,
Danganiya, Raipur – 492001
Contesting
Petitioner No. 3
4. Animesh Shukla
S/o Vijay Kumar Shukla
Ramkrishan Villa, Ward 69, Behind Parshv
Vihar, Gol Chowk, Rohinipuram,
Raipur – 492001
Contesting
Petitioner No. 4
5. Shivam Shandilya
S/o Sarvendra Krishna Tripathi
1485, Block No. C, Indira Nagar
Lucknow (UP) – 226016
Contesting
Petitioner No. 5
6. Sanya Sethi
D/o Ajay Sethi
13 N 52, Govind Nagar
Kanpur (Uttar Pradesh) – 208006
Contesting
Petitioner No. 6
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Versus
1. Union of India
Through the Secretary
Ministry of Human Resource Development
Shastri Bhawan
Dr Rajendra Prasad Road
New Delhi - 110001
Contesting
Respondent No. 1
2. The National University of Advanced Legal
Studies (NUALS) Kochi
“CLAT 2018 – Organizing University”
Through its Registrar
NUALS Campus, HMT Colony
P.O. Kalamassery, Kochi
Kerala – 683503
Contesting
Respondent No. 2
3. Core Committee – Common Law
Admission Test 2018
Through its Convener
Vice-Chancellor, National University of
Advanced Legal Studies (NUALS), Kochi
NUALS Campus, HMT Colony
P.O. Kalamassery, Kochi
Kerala – 683503.
Contesting
Respondent No. 3
To,
Hon‟ble The Chief Justice of India and
His Hon‟ble Companion Justices of the
Hon‟ble Supreme Court of India
The Humble Petition of the
Petitioners Abovenamed:
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MOST RESPECTFULLY SHOWETH:
(1) The Petitioners are constrained to approach this Hon‟ble
court and invoke its extraordinary jurisdiction under
Article 32 of Constitution of India seeking urgent
intervention of this Hon‟ble Court against grossly unfair,
negligent and mismanaged conduct of Common Law
Admission Test (“CLAT”) 2018 by Respondent No. 2 and 3
herein. It is most respectfully submitted that the instant
petition that has been preferred under Article 32 of the
Constitution for the violation of the rights of the
Petitioners guaranteed under the Article 14 and 21 of the
Constitution of India. The acts and omissions of the
Respondent No. 2 and 3 have violated fundamental rights
of the Petitioners as well as several other similarly placed
students who have also appeared for Common Law
Admission Test (“CLAT”) 2018 for admissions to Under
Graduate and Post Graduate courses offered by National
Law Universities across India.
(1A) That the Petitioners are approaching this Hon‟ble Court
under Article 32 of Constitution of India since conduct of
Common Law Admission Test (“CLAT”) 2018 by
Respondent No. 2 and 3 was evidently improper, unfair
and unjust which has caused grave prejudice to the
Petitioners and other similarly placed students based
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across various states of India. Due to paucity of time and
stringent examination schedule, this Petition at present is
being filed by six Petitioners (6) Petitioners/ Students
(two (2) from Delhi and two (2) from Chhattisgarh and
two (2) from Uttar Pradesh). However, students from
more than fifteen (15) states are likely to join the present
Petition in near future. Further, the present Petition is
expected to have widest ramification since participating
National Law Universities in seventeen (17) different
states are integral part of Common Law Admission Test
2018 Core Committee represented through their
respective Vice-Chancellor(s). The relief sough against
the Respondent No. 2 and 3 cannot be granted by
individual Hon‟ble High Courts. Thus, the present Petition
is being filed before this Hon‟ble Court.
(2) That the present Petition is filed for seeking limited reliefs in
relation to conduct of CLAT 2018 examination, wherein
egregious lapses on the part of Respondent No. 2 and 3
in conduct of the examination has jeopardized aspirations
of thousands of future Law students who seek admission
into the prestigious National Law Universities across
India. In short, the problems related to conduct of online
examination (issues including hanging of computer
systems, numerous power cuts, difficulty in login, blank
screens, errors in biometric verification, non adherence to
mandatory conducting of a pre – test to avoid any
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technical glitches, amongst other issues) which was faced
by thousands of students has vitiated the entire
examination. Respondents are well aware of the large
scale public outcry by students and their parents.
However, none of the emails/ letters/ representations/
submitted have been looked into much less addressed by
Respondent No. 2 and 3. Thus, in the interest of justice it
is essential that CLAT 2018 should be reconducted failing
which the entire result of CLAT 2018 examination is
bound to be erroneous and grossly unjust.
(3) It is respectfully submitted that the present Petition stands
on a different footing and is in no manner related to the
Writ Petition (Civil) No. 600 of 2015 titled Shamnad
Basheer Versus Union of India, wherein different set of
relief have been sought before this Hon‟ble Court.
Further, the present Writ petition is urgent in nature and
deserves immediate intervention since the result of CLAT
2018 examination is likely to be published by May 31,
2018.
(4) The Petitioners herein are citizens of India. Petitioners are
aspiring law students and thus had appeared in CLAT
2018 which was conducted on 13.05.2018. A snap shot of
name, parent age, roll number, examination center,
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problems faced and steps taken by the Petitioners are as
follows:
S.
No
Name,
Father’s Name,
Roll Number
and Centre of
Examination of
the Student
Representation made before
the concerned authorities
pertaining to the grievances
as mentioned
1.
Disha Panchal
D/o Shri Satish
Panchal
Roll No: 10004685,
Examination
Center: RR
Assessment Center,
Z36, 2nd Floor,
Okhla Industrial
Area, Phase 2, Near
Harkesh Nagar,
Okhla Metro
Station, New Delhi -
110020
Email to the Vice- Chancellor, the
Registrar and the Admission
Incharge of NUALS, Kochi dated
16/05/2018, mentioning the
grievances as under:
i. Initially at 3:00 PM,
questions were not
displayed on the test screen
ii. Questions kept disappearing
from the main screen
because of technical
problems in the software
interface.
iii. Moving from one question to
another was very
cumbersome and took a lot
of time on account of
dysfunctionality in the NEXT
button/tab.
iv. The invigilators were
unhelpful, asked to shut the
computers, restart and login
again thereby wasting
invaluable time of the
students.
v. Finally, the computer could
only start at 3: 35 PM when
the time remaining was only
1 hour and 25 minutes
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vi. At 5:00 PM, paper was
submitted.
vii. Petitioner requested the
invigilator for 35 minutes
extra which the petitioner
lost initially on account of
technical glitches in the
system, and for no fault of
his own.
viii. Invigilator asked the
petitioner to wait at the
examination hall.
ix. At around 7:00 PM, i.e.,
after two hours of
submission, petitioner was
allotted 10 minutes, in
which the petitioner faced
the same technical
problems.
2.
Tapan Gaur
S/o Shyam Sunder
Sharma
Roll No. 10000943
Examination Center:
Apex Online Solution,
Lal Kothi, Chauhan
Complex, Sanjay
Colony, Sohana
Road, Lal Kothi,
Faridabad, Haryana
121005
Email to the Vice- Chancellor and
the Registrar of NUALS, Kochi
dated 16/05/2018, mentioning
the grievances as under:
i. The mouse was
malfunctioning, the
Petitioner had to click it at
least twice or thrice to reach
to the next question.
ii. Thumb prints and
signatures were not taken
before the formalities were
to be observed, but was in
fact taken during the
allotted 120 minutes‟ time
limit which resulted in
precious waste of time.
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iii. A lot of students' exam
commenced before others
(due to there being no
official announcement of the
start of the exam) and
hence a lot of students saw
the questions from other
screens and solved them
before they started their
own exam.
iv. Exam didn't start on time.
There was no uniformity of
the commencement or
conclusion of the
examination within a
particular center.
v. Screens were crashing a lot
of times while the timer was
still running, thereby
causing serious loss of time
to the Petitioner who had to
log in every time the screen
crashed, restarting the
system all over again,
logging in as going back to
the question which was
being attempted. Every
single “fresh log in attempt”
conveniently caused a loss
of over 10 minutes on an
average.
3.
Vritant Garg
S/o Ruchir Garg
Roll No. 10017390
Examination Center;
Rungta Engineering
College, Ward No. 1,
Veer Sawarkar Nagar,
Email to the Registrar of NUALS,
Kochi dated 17/05/2018,
mentioning the grievances as
under:
i. Initially at 3:00 PM,
questions were not
displayed on the test screen
ii. Questions kept disappearing
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Behind Nandan Van,
Raipur, Chhattisgarh-
492009
from Screen.
iii. Invigilators were unhelpful,
asked to shut the
computers, restart and login
again.
iv. Finally, computer started at
3:10 PM when only 1 hour
and 50 minutes was
remaining for the petitioner.
v. No extra time was allotted
against the loss of 10
minutes.
vi. After the exam, petitioner
signed the application which
mentions about the delay
and technical lacunas.
4.
Animesh Shukla
S/o Vijay Kumar
Shukla
Roll No. 10022585
Examination
Center: Rungta
Engineering College,
Ward No. 1, Veer
Sawarkar Nagar,
Behind Nandan Van,
Raipur,
Chhattisgarh-
492009
Email to the Vice- Chancellor, the
Registrar and the Admission
Incharge of NUALS, Kochi dated
17/05/2018, mentioning the
grievances as under:
i. Initially at 3:00 PM,
questions were not
displayed on the test screen
ii. Questions kept disappearing
because of technical
problems.
iii. The invigilators were
unhelpful, asked to shut the
computers, restart and login
again.
iv. Finally, computer was
started at 3: 11 PM when
only 1 hour and 49 minutes
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was remaining for the
petitioner.
v. No extra time was allotted
against the loss of 11
minutes.
5. Shivam Shandilya
S/o Sarvendra
Krishna Tripathi
Roll No.10037193
Examination Center:
R R Institute of
Modern technology,
NH-24, Bahisamau
Crossing, Bakshi Ka
Talab, Sitapur road,
Near Bhaisamau
Crossing, Lucknow,
Uttar Pradesh -
226201
Email to the Registrar, NUALS,
Kochi dated 15/05/2018,
mentioning the grievances as
under:
i. Partiality in tile allotment.
ii. Technical glitches.
iii. Provided only 1 hour and 30
minutes to attempt the
examination.
iv. Had to shift the computer
for 4 times.
v. Problem in bio-metric
verification.
6. Sanya Sethi
D/o Ajay Sethi
Roll No. 10017671
Examination Center:
Unzip Technologies
LLP, L/PR-9,
Keshavpuram
Kalyanpur,
Vijaynagar-
Kalyanpur Road,
Near Katyayan
School, Kanpur, Uttar
Email to the Registrar, NUALS,
Kochi dated 16/05/2018,
mentioning the grievances as
under:
i. Technical Glitches.
ii. Infrastructural lacunas.
iii. Center incharge was least
co-operative.
iv. Questions were not
displayed for initial 5-10
minutes.
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Pradesh- 208001. v. Problem of blank screen was
faced many times during
the examination.
(5) The Respondents herein are „State‟ under Article 12 of
Constitution of India and public authority against whom a
Writ Petition can be maintained under Article 32 of the
Constitution of India. Respondent No. 1 is the Secretary,
Ministry of Human Resource Development, Union of
India. Respondent No. 2 is the Registrar of National
University of Advanced Legal Studies (NUALS), Kochi. The
said University namely NUALS, Kochi is the organizing
University which was responsible for conducting CLAT
2018 examination. Respondent No. 3 is the CLAT 2018
Core Committee represented by its Convener i.e., Vice-
Chancellor of NUALS, Kochi. Therefore, the actions of the
Respondents constitute a serious violation of the
sacrosanct rights guaranteed under the Constitution of
India to various prospective law students, including the
right to guard against arbitrary actions of the state
cherished and protected under Article 14 of the
Constitution of India and the right to education and other
connected rights within the meaning of Article 21 of the
Constitution of India.
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(6) It is relevant to mention that the CLAT 2018 Core
Committee comprised of sitting Vice-Chancellor(s) of 19
different National Law Universities. These 19 National
Law Universities and 35 private Colleges/ Universities
draw upon the results published by Respondent No. 2 and
3 for admitting students to the Under Graduate and Post
Graduate courses in the discipline of Law. Further, some
public sector undertakings short list candidates for
interview rounds based on the Post Graduate results of
Common Law Admission Test.
A. Relevant facts
(6) The relevant facts leading to filing of the present Writ
Petition are as follows:
6.1 Petitioners are students aspiring to join prestigious
National Law Schools set up in various states of India.
6.2 In year 2007, the Vice Chancellors of seven National Law
Universities namely, National Law School of India
University (NLSIU) Bangalore, NALSAR University of Law
(NALSAR) Hyderabad, National Law Institute University
(NLIU) Bhopal, West Bengal National University of
Juridical Sciences (NUJS), Kolkata, National Law
University (NLU) Jodhpur, Hidayatullah National Law
University (HNLU) Raipur and Gujarat National Law
University (GNLU) Gandhinagar entered into a
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Memorandum of Understanding for establishment of a
Common Law Admission Test (“CLAT”).
6.3 In year 2014, another Memorandum of Understanding
was executed by then existing Sixteen (16) National Law
Universities whereby the above mentioned Seven (7)
National Law Universities along with Dr. Ram Manohar
Lohia National Law University (RMNLU) Lucknow, Rajiv
Gandhi National University of Law (RGNUL) Patiala,
Chanakya National Law University (CNLU) Patna, National
University of Advanced Legal Studies (NUALS) Kochi,
National Law University Odisha (NLUO) Cuttak, National
University of Study and Research in Law (NUSRL) Ranchi,
National Law University Assam (NLUJAA) Guwahati,
Damodaram Sanjivayya National Law University (DSNLU)
Vishakhapatnam and Tamil Nadu National Law School
(TNNLS) Tiruchirapalli, entered into a fresh Memorandum
of Understanding for conducting Common Law Admission
Test.
6.4 That, three (3) more National Law Universities namely
Maharashtra National Law University (MNLU- Mumbai)
Mumbai, Maharashtra National Law University (MNLU-
Aurangabad) Aurangabad and National Law University
(NLU-Nagpur) Nagpur have also joined in and are
participating in conduct of Common Law Admission Test
(“CLAT”).
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6.5 That, as per the terms of Memorandum of Understanding
between National Law Universities, Common Law
Admission Test (“CLAT”) is conducted by rotation
depending on the year of establishment of the respective
National Law University. Accordingly, the first Common
Law Admission Test (“CLAT”) was conducted in year 2008
by National Law School of India University (NLSIU)
Bangalore.
6.6 On 20.12.2017, National University of Advanced Legal
Studies (NUALS) Kochi issued a circular bearing circular
number NUALS/CLAT2018/951/03/2017 inviting
applications for admissions to the Under Graduate and
Post Graduate Degree programmes in Law in the
Nineteen (19) National Law Universities in India. True
Copy of Circular No. NUALS/CLAT2018/951/03/2017
dated 20.12.2017 issued by Respondent No. 2 is annexed
herewith and marked as Annexure “P-1” (Page Nos ___
to ___)
6.7 As per this circular, the basic educational qualification
was set out for Under Graduate programme and Post
Graduate programme. The date for commencement of
submission of Online Application was 01.01.2018 and the
last date for submission was fixed for 31.03.2018. The
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date for holding Common Law Admission Test (“CLAT”)
2018 was 13.05.2018.
6.8 That all the students were instructed to visit the official
website of CLAT 2018 (www.clat.ac.in) for detailed
instructions including Syllabus, Eligibility, Exam Pattern
and list of important dates and instructions. True Copy of
Instructions for submission of online application issued by
Respondent No. 2 dated NIL are annexed herewith and
marked as Annexure “P-2” (Page Nos ___ to ___)
6.9 On 01.01.2018, online CLAT portal started to accept
applications of students for the Under Graduate and Post
Graduate courses of Law. All the aspirants were
mandatorily required to submit online application and all
the necessary instructions and notifications were
conveyed through the online portal itself. The procedure
for filling up the application form was set out on the
Online CLAT portal.
6.10 The National University of Advanced Legal Studies
(NUALS) Kochi was the designated University for
conducting Common Law Admission Test (“CLAT”) 2018.
Hon‟ble Vice-Chancellor of NUALS Kochi was designated
as the Convener of “CLAT 2018 Core Committee” being
the Vice-Chancellor of the conducting University. Hon‟ble
Vice-Chancellor(s) of all Nineteen (19) participating
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National Law Universities were members in the “CLAT
2018 Core Committee”.
6.11 That another Committee, namely the “CLAT 2018
Implementation Committee” was setup for smooth
implementation of CLAT 2018 comprising of Registrar(s)
of all Nineteen (19) National Law Universities.
6.12 That on the last date for submission of online application
i.e., 31.03.2018 approximately 60,000 students from all
parts of India submitted their duly filled in application
forms and deposited requisite fees to appear for CLAT
2018. Petitioners had also submitted their application
forms and made the necessary fee deposit.
6.13 That on 20.04.2018, as per the instructions made
available on the Online portal of CLAT 2018, students
were instructed to download their Admit Cards/ Hall
Tickets starting from 20.04.2018. However, the
petitioners noticed that Respondent No. 2 and 3 had
uploaded a Disclaimer on the website stating as follows:
“Owing to some technical reasons, the downloading
of Admit Card will commence only from April 26,
2018.
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Note: It is relevant to mention that CLAT 2018 was
expected to be a completely online examination. All the
instructions prior to the exam were also to be issued
through the online portal itself. That right from the very
beginning there were several technical mis-happenings
which ultimately resulted in extremely poor, unfair and
arbitrary conduct of CLAT 2018.
6.14 That on 26.04.2018, Petitioners and all the other
students were able to download their Admit Cards from
the website of CLAT 2018 and the said Admit Card came
with a particular set of instructions for online
examination. It is relevant to mention that the entire
interface for CLAT 2018 Examination was modified by
Respondent No. 2 and 3. There was a remarkable shift
from the online interface followed from 2015 i.e., the
year when CLAT was first conducted as an online
examination. To the surprise of the Petitioners, a new
testing interface was presented inter alia with section
tags and de-tags that caused serious problem to all the
students appearing for the examination including the
Petitioners herein. That the instructions issued along with
the admit cards was the first instance of communication
of such sweeping changes made by Respondent No. 2
and 3 for online CLAT examination 2018.
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True Copy of Admit Cards of Petitioner No. 1 to 6 dated
NIL are annexed herewith and marked as Annexure “P-
3” (Page Nos ___ to ___).
6.15 That Zee Media Bureau and Indian Express carried articles
on their web portal highlighting the issue of delay in
release of CLAT 2018 Admit Cards.
True Copy of Article dated 20.04.2018 published by
Express Web Desk of Indian Express is annexed herewith
and marked as Annexure “P-4” (Page Nos ___ to ___).
True Copy of Article dated 21.04.2018 published by Zee
Media Bureau is annexed herewith and marked as
Annexure “P-5” (Page Nos ___ to ___).
6.16 That on 13.05.2018, Petitioners appeared for CLAT 2018
examination at their respective centers. About 58,000
students appeared for the CLAT 2018 examination in a
total of 260 examination centers set up across India. This
examination was conducted by Respondent No. 2 and 3
with the aid and assistance of a private company namely
M/s Sify Technologies Ltd. That the terms of understanding
between the Respondent No. 2 and M/s Sify Technologies
Ltd were never disclosed to the public at large and the
Petitioners herein.
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6.17 That the students across various States of India faced
serious problems in almost 200 Online Examination
Centers. The problems included power cuts, failure of log-
in system, slow biometric verification, blank screens,
substantial loss of time in system log-ins, frequent
resetting of computer systems and difficulties in moving
from one question to another.
6.18 That primarily these difficulties led to significant loss of
time (averaging about 5-30 minutes from student to
student) which has totally vitiated the very essence of an
online competitive exam of 120 minutes wherein a student
is expected to answer 200 questions. In such a highly
competitive and rigorous examination, loss of time
essentially means fait accompli for the aspirations of any
student. It is relevant to mention that the ranking of a
student can slip by thousand or more ranks by a simple
difference of one or two incorrect answers/ un-attempted
questions. In such circumstances when the severe
technical lapses are viewed, it essentially means gross
violation of fundamental rights of students under Article 14
and 21 of the Constitution of India.
6.19 That in addition to these gross technical problems,
students faced several other issues such as extremely poor
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infrastructure of examination centers, lack of proper
guidance from staff recruited by the examination centers
and several instances of unfair conduct of examination. For
instance, at an examination center as Hissar, Haryana few
students were seen attempting the examination till 7:00
PM whereas the exam was expected to conclude at 5:00
PM itself. In essence, it is submitted that Petitioners and
thousands of other similarly situated students were
compelled to take the examination under grossly unfair
condition seriously jeopardizing their result. The final
outcome or rank list prepared out of such an examination
is bound to be erroneous and grossly unjust.
6.20 That the magnitude of mismanagement and gross
irregularity in conduct of examination can also be
deciphered from the several other article published by
websites such as www.youthkiawaaz.com,
www.barandbench.com, www.lawoctopus.com.
True Copy of Article dated 13.05.2018 titled CLAT 2018
conducted today amidst server crashes, ruckus, glitches
Nationally published by Online Portal Youthkiawaaz is
annexed herewith and marked as Annexure “P-6” (Page
Nos ___ to ___).
6.21 On 14.05.2018, an interview of Vice-Chancellor of NUALS
Kochi was published by website namely (www.
Bar & Bench (www.barandbench.com)
legallyindia.com) wherein it was reported that 98.5% of
CLAT 2018 went smoothly and that there have been
reports regarding the computes crashing at some of the
centers. Assuming the figures to be correct, it can be
safely concluded that about thousand (1000) students
admittedly faced technical difficulties which is a sufficient
ground for cancellation of entire CLAT 2018 examination. It
has to be noted that CLAT 2018 is a competitive
examination wherein ranking of students significantly
varies even in a gap of 1 or 2 marks. In such
circumstances, if about thousand (1000) students were not
given fair opportunity for attempting the examination, it
would lead to entire rank list being unfair and unjust.
True Copy of Article dated 14.05.2018 published by
LegallyIndia Online Portal is annexed herewith and marked
as Annexure “P-7” (Page Nos ___ to ___).
True Copy of Article dated 14.05.2018 titled CLAT 2018
Mismanaged, Calls for Retest Echo Nationally published by
Online Portal Youthkiawaaz is annexed herewith and
marked as Annexure “P-8” (Page Nos ___ to ___).
6.22 That gross technical errors and unfair conditions of
examination lead to widespread public outcry. Several
newspapers, websites, blogging portals reported of
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remarkably poor conduct of CLAT 2018 by Respondent
No. 2 and 3. This includes articles published in Indian
Express, Youth Ki Awaaz, Legally India, Lawoctopus, Bar
and Bench, Zee Media etc. On 15.05.2018, Indian
Express also reported that conduct of CLAT 2018 was hit
by technical glitches and mismanagement.
True Copy of Article dated 15.05.2018 titled CLAT 2018
hits with technical glitches and misman0agement published
by Education Desk of Indian Express, New Delhi is annexed
herewith and marked as Annexure “P-9” (Page Nos ___
to ___).
True Copy of Article dated 15.05.2018 titled Tip of CLAT
2018 Iceberg keeps growing: At least 1400 Students have
serious complaints as published by Legally India Online
Portal is annexed herewith and marked as Annexure “P-
10” (Page Nos ___ to ___).
6.23 That the Petitioners are filing this Writ Petition setting out
their grievances and instances of violation of their
fundamental rights. Additionally, it is also stated that
students from more than 20 states are gravely prejudiced
by unfair, unjust and mismanaged conduct of CLAT 2018
by Respondent No. 2 and 3. In view of extremely time
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available the present Petition is filed by 6 students from
three (3) different states i.e., Delhi and Chhattisgarh.
However, more than 500 similarly situated students are
likely to join the present Petition in immediate future.
6.24 That on 15.05.2017, a number of online platforms
including Twitter and Facebook carried hundreds of
discussions about mismanagement and technical glitches
that vitiated the entire CLAT 2018 examination. A Google
Form Questionnaire was uploaded on the internet seeking
response of genuine exam takes and students who
appeared for CLAT 2018. It is appalling to mention that
within a day of the Google Form/Questionnaire going
online, more than one thousand (1000) students have
reported issues about technical glitches, infrastructural
short comings and illegalities committed in conduct of
CLAT 2018.
6.25 That the Petitioners herein duly submitted their
representation to the Respondent No. 2 and 3 herein
informing serious issues in conduct of examination. In the
Emails sent by the Petitioners to the Respondent No. 2 and
3 it was clearly mentioned that entire exam was marred by
technical problems, server shutdown, hanging of computer
systems, numerous power cuts, difficulty in login, blank
screens and errors in biometric verification.
Bar & Bench (www.barandbench.com)
True Copy of Representation dated ___.05.2018 submitted
by Petitioner No. ___ is annexed herewith and marked as
Annexure “P-11” (Page Nos ___ to ___).
True Copy of Representation dated __.05.2018 submitted
by Petitioner No. ___ is annexed herewith and marked as
Annexure “P-12” (Page Nos ___ to ___).
True Copy of Representation dated __.05.2018 submitted
by Petitioner No. ____ is annexed herewith and marked as
Annexure “P-13” (Page Nos ___ to ___).
True Copy of Representation dated __.05.2018 submitted
by Petitioner No. ___ is annexed herewith and marked as
Annexure “P-14” (Page Nos ___ to ___).
True Copy of Representation dated __.05.2018 submitted
by Petitioner No. 2 is annexed herewith and marked as
Annexure “P-15” (Page Nos ___ to ___).
True Copy of Representation dated __.05.2018 submitted
by Petitioner No. 2 is annexed herewith and marked as
Annexure “P-16” (Page Nos ___ to ___).
6.26 That the entire CLAT 2018 Examination stands vitiated due
its erroneous and improper conduct, which is bound to lead
to a flawed merit list. It is also essential to mention that
inspite of submission of Representation by the Petitioners
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and thousands of other students/ law aspirants, no
response till date has been sent by the Respondent No. 2
and 3 herein. As usual, the Respondent No. 2 and 3 seek
to take advantage of the fixed examination schedule to
dodge the genuine grievances raised by Petitioners herein.
That this arbitrary conduct of the Respondent No. 2 and 3
amounts to violation of fundamental rights of the
Petitioners guaranteed under Article 14 and 21 of the
Constitution of India.
7. That as per the schedule of CLAT 2018 examination, result
along with rank list of the students is likely to be declared
on May 31, 2018. The entire exercise is going to result in
flawed merit list since more than thousand (1000)
students have admittedly faced problems ranging from
technical difficulty, server breakdown, power cuts, login
issues, difficulty in managing exam interface, problems in
bio-metric verification. In addition to this several other
issues such as poor examination infrastructure, lack of
competent invigilators and total apathy shown by
Respondent No. 2 and 3 leaves no room for doubt that the
CLAT 2018 examination must be re-conducted in light of
suitable instructions to be issued by this Hon‟ble Court.
8. That as per the information available on websites, few
students have already approached Hon‟ble High Court(s) at
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Jaipur, Delhi and Chandigarh raising similar grievances.
Since the students who are aggrieved by arbitrary actions
of Respondent No. 2 and 3 hail from several states of Union
of India, it would be in the interest of justice to entertain
the present Petition. In short, the tiny window between the
declaration of exam results and admissions constitutes a
perfect fait accompli for the CLAT authorities, causing
serious harm to all students, both present and future and
impacts the integrity of the CLAT filter and the future of
legal education.
GROUNDS
9. That the Petitioners are approaching this Hon‟ble Court on
the following grounds which are taken without prejudice to
one another:
A. Because Common Law Admission Test 2018 conducted by
Respondent No. 2 and 3 is the single window admission
mechanism for students aspiring for admission to primer
National Law Universities based at seventeen (17)
different states of Union of India. The entire CLAT 2018
examination is vitiated due to widespread
mismanagement, technical problems and infrastructural
issues which are solely on account of gross negligence
exhibited by the Respondent No. 2 and Respondent No. 3
herein.
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B. Because CLAT 2018 was designed to wholly be conducted
online and thus required flawless implementation in terms
of uninterrupted server operation, reliable computer
hardware and user friendly examination interface. The
entire CLAT 2018 examination was vitiated due to issues
such as blank screens, hanging of computer systems,
recurrent power cuts, discrepancies in time allotted to
various candidates and gross infrastructural deficiencies.
C. Because CLAT 2018 is a merit based competitive
examination. In other words, position of the Petitioners in
the rank list would drastically vary even based on score
gap of one (1) or two (2) marks. In such an examination
with limited time frame of 120 minutes, loss of time due
to technical issues may render the entire effort of
Petitioners futile.
D. Because Petitioners and thousands of other students who
appeared in the examination (CLAT 2018) prepared for
several months to seek admission into prestigious
National Law Universities. The entire effort of the
Petitioners would be rendered useless if Respondent No. 2
and 3 are permitted to ignore the representations
submitted by them. It is humbly submitted that
Respondent No. 2 and 3 cannot be permitted to take
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advantage of their own wrong. It would be gross
miscarriage of justice if the Respondents are permitted to
take the defence of strict exam timeline at the cost of
future of Petitioners.
E. Because the Respondent No. 2 and 3 have failed to
address the representations submitted by Petitioner No. 1
to 6. There is clear violation of fundamental rights
guaranteed to the Petitioners under Article 14 and 21 of
Constitution of India. Further, Respondent No. 3 has
ignored widespread outcry of students across the nation
calling for a re-examination. Till date, the CLAT 2018 Core
Committee has not even uploaded a circular to explain the
steps proposed to be taken by them in view of
representation submitted by students across India.
F. Because the final rank list /merit list based on flawed
examination process of CLAT 2018 is bound to be as
arbitrary as the process which has selected the students.
Respondent No. 2 and 3 ought to have constituted a
committee of external experts to submit a report about
widespread problems faced by students regarding
examination server and examination infrastructure. To the
contrary, inspite of offering a window regarding the
submission of grievances, Respondent No. 2 and 3 have
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not even acknowledged submission grievances/
representations by the Petitioners herein.
G. Because in a highly competitive examinations like CLAT
2018, there must be no scope for any error whatsoever. It
is in interest of future of Indian Legal Education and Legal
Profession that the impugned examination be quashed
with a direction for fresh and impeccable conduct of
Common Law Admission Test.
H. Because by virtue of being opaque, ad-hoc, arbitrary,
inconsistent, and plagued by severe procedural defects in
conducting the examination, the conduct of Respondents
No. 2 and 3 in hosting CLAT examination 2018 has
resulted in a serious breach of the rights of students
under Articles 14, 19 and 21 of the Constitution.
I. Because the rotation practice that has conferred the right
to conduct an examination marred with innumerable
problems, to an inexperienced university such as
Respondent No. 2 and 3 has lead to pulverizing the fate of
the students and thereby resulting in a gross violation of
Article 14 and Article 21.
J. Because the Petitioners have a limited window to approach
before this Hon‟ble Court, on account of the deliberate
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inaction of the Respondent No. 2 and 3 in conveniently
waiting to formally declare the result on 31.05.2018. The
Respondents are well aware that results once declared will
seal the fate of the Petitioners and other similarly situated
individuals forever, and therefore have chosen not to act
on the representation filed by the Petitioners.
K. BECAUSE even otherwise, the Respondent No, 2 and 3 are
instrumentalities of the State since these are National Law
Universities constituted under an act of the State
Legislature, and therefore it is incumbent and a positive
obligation of the Respondent No. 2 and 3 to ensure that
the process of selection of the students is in strict
conformity with the principles of transparency, fair play,
and accountability. The manner in which the examination
was conducted on the fateful day of 13.05.2018 has
severely tarnished the future of the students beyond repair
and has consequently violated Part III.
L. Because, the very semblance of “Equal Opportunity”
preserved and protected under Article 16 is lost if the
Common Entrance Examination of such a stature is marred
with replete instances of gross negligence and
mismanagement. The most severely affected category
would be that of students who are meritorious and have
invested countless hours over months, if not years,
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preparing to make their names in prestigious National Law
Universities.
M. Because, on having paid a certain amount for the purpose
of buying the application form, the Petitioners have a
legitimate expectation that atleast the manner in which the
examination will be conducted would be transparent and
fair. It is the affirmative duty of the State to ensure that
the amount spent is utilized. The conduct of examination
demonstrably suggests that the amount so spent by the
students was not utilized in devising a system which could
ensure that the examinations would confirm with the high
standards befitting the stature of National Law Universities.
N. Because the lack of transparency and the gross
mismanagement of the examination has resulted in
devastating consequences, and runs in absolute
contravention to the principles enunciated by this Hon‟ble
Court in the case of Modern Dental College & Research
Centre v. State of M.P. (2016) 7 SCC 353.
O. BECAUSE there was no uniformity in the manner in which
the invigilators were to handle situations arising due to
technical glitches. The extension of time was therefore
subjectively exercised, in absence of any uniform policy,
and largely to the whim of the invigilators who had no
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clear instructions in this regard. This resulted in different
time extensions for different students, who were partaking
in the same entrance examination. In many cases the
examination lasted for 1.30 Hours only, whereas in other
centers the examination went on for about 4 hours. This
completely effaces the spirit of Article 14.
10. That the Petitioners have not filed any other similar
petition before this Hon‟ble Court or any other Hon‟ble
High Court.
11. That the present Petition is filed by only six (6) Petitioners
due to paucity of time. It is respectfully submitted that
several similarly placed students who had also appeared
for CLAT 2018 examination have similar grievances as is
expressed by the Petitioners herein in the present Writ
Petition. Petitioners seek liberty of this Hon‟ble Court to
add or amend the Memo of Parties or file necessary
applications as and when other similarly situated students
join them. Petitioners also crave liberty to add any other
ground which may be relevant for the adjudication of the
present Writ Petition in the interest of justice.
PRAYER
In view of the aforesaid facts and circumstances and on the
grounds mentioned herein above, it is most respectfully prayed
that this Hon‟ble Court may graciously be pleased to:
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(a) Issue an appropriate writ, order or direction to quash
Common Law Admission Test 2018 examination
conducted by Respondent No. 2 and 3 held on
13.05.2018 as per circular dated 20.12.2017; and
(b) Issue a Writ in the nature of Mandamus or any other
appropriate writ, order or direction to the Respondent
No. 2 and 3 to conduct fresh examination for
Common Law Admission Test (CLAT) qua the
Petitioners within a reasonable period of time; and
(c) Issue an appropriate order or direction staying the
publication of final result cum merit list till the
disposal of the present Writ Petition; and
(d) Issue an appropriate order or direction appointing a
committee of experts to examine the grounds raised
by Petitioners in their representations submitted to
Respondent No. 2 and 3 with a direction to submit a
report in a time bound manner; and
(e) Any other and further order(s) or direction (s) as this
Hon‟ble Court may deem fit and proper in the facts
and circumstances of the present case and in the
interest of justice.
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AND FOR THIS ACT OF KINDNESS, THE PETITIONER AS IN
DUTY BOUND SHALL EVER PRAY
Filed By:
(ANAND SHANKAR JHA)
Advocate for Petitioners
V-5/B Green Park Extension
New Delhi – 110016
LL: 011-49059255/ 09899617989
Place: New Delhi Drawn on: ___.05.2018
Filed on: 18.05.2018
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