Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | National Law School of India Act 1986 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | National Law School of India Act, 1986 (22 of 1986) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 |
Case Type | Writ Petition |
Court | Supreme Court of India |
Disposal Nature | Case Disposed Off |
Headnote | National Law School of India Act, 1986 – Admission ofstudents, mode of enrolment – Recommendation of Academic Council– Statutory requirement of – Delay in conduct of CLAT for academicyear 2020-21 due to COVID-19 – Initially it was to be held in May2020 but was eventually postponed to 28.09.2020 – However,respondent no.1-National Law School of India University, Bengaluru(NLSIU) issued notification dated 03.09.2020 for conducting aseparate test, National Law Aptitude Test (NLAT) through onlinehome proctored examination for admission to its five year integratedB.A.LL.B (Hons.) Programme 2020-21 – Challenged – Held:Respondent No.1 was required by the statute to obtainrecommendation of Academic Council before proceeding to holdNLAT by issuing admission notification dated 03.09.2020 – Thesame having been issued without such recommendation is not inaccordance with the provisions of 1986 Act – Notice dated03.09.2020 as well as Press Release dated 04.09.2020 on NLSIUadmission 2020-21 are quashed – Respondent No.3 - Consortiumof National Law Universities to conduct the CLAT-2020 examinationon 28.09.2020 following the Standard Operating Procedures (SOPs)of Ministry of Health and Family Welfare and Ministry of HumanResource Development – Respondent No.1 to complete the admissionof B.A.LL.B (Hons.) Programme 2020-21 on the basis of result ofCLAT-2020 – Constitution of India – Art.14.National Law School of India Act, 1986 – Power of ExecutiveCouncil u/ss.13 and 10 – Difference between – Discussed.National Law School of India Act, 1986 – Second proviso tos.13(1), (2) – Held: As per sub-s.(2) of s.13, the Academic Councilshall have power to propose regulations on all the matters specifiedin (a) to (h) as enumerated in the second proviso of sub-sec.(1) ofs.13 – Thus, the Academic Council can propose regulationsregarding mode of enrolment and admission of students also.National Law School of India Act, 1986 – ss.11, 18; Clause14 of Schedule to the Act – Held: Clause 14 of the Schedulespecifically empowers the Academic Council to appoint committeesfor admission to the school – Thus, the statute contemplatedadmission to the school under the aegis of Academic Council –Further, s.11 r/w s.18 and Clause 14 of the Schedule clearly providesfor role of Academic Council in the admission of students.National Law School of India Act, 1986 – Admission – Powerof Academic Council vis-à-vis Executive Council – Discussed.Karnataka Societies Registration Act, 1960 – Consortium ofNational Law Universities was incorporated as a registered society– Bye-Laws provided each member institution to ensure admissionthrough CLAT – Delay in conduct of CLAT 2020 due to COVID-19– Respondent No.1, founder member of the Consortium issuednotification for conducting separate test – Respondent No.1 if boundby Bye-Laws – Held: Even though obligations on members ofConsortium under the Bye-Laws are not statutory obligations butare binding on the members – Being member of the Consortium,respondent no.1 ought not to have proceeded with holding a separatetest – National Law School of India Act, 1986.Doctrines/Principles – Doctrine of necessity – When notapplicable – Delay in conduct of CLAT for academic year 2020-21due to COVID-19 – Eventually postponed to September 2020 –However, Respondent No.1 issued notification for conductingseparate test contending that it became a sheer necessity – Held:Academic year 2020-21 not required to be declared as zero-yeareven if the course starts in the mid of October, 2020 – UGC havingcontemplated for amending the academic year, Doctrine of Necessitydoes not arise. |
Judge | Hon'ble Mr. Justice Ashok Bhushan |
Neutral Citation | 2020 INSC 557 |
Petitioner | Rakesh Kumar Agarwalla & Anr. |
Respondent | National Law School Of India University, Bengaluru & Ors. |
SCR | [2020] 10 S.C.R. 299 |
Judgement Date | 2020-09-21 |
Case Number | 1030 |
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