1st (in likely flood) of writs challenges NLSIU admissions test for being ‘illegal, arbitrary, whimsical’

We are aware of at least two other petitions against the surprise announcement of the NLS entrance exam
We are aware of at least two other petitions against the surprise announcement of the NLS entrance exam

The first of what are widely expected to be many writ petitions has been filed this morning before the Jharkhand high court at Ranchi on behalf of five Common Law Admission Test (CLAT) aspirants against the new NLSIU Bangalore admissions test.

Judging by prior years’ CLAT debacles (2018 perhaps most infamously), this is likely to be the first in an avalanche of petitions, which will probably be filed all over India and will possibly end up getting clubbed into a single case before the Supreme Court before long.

If a judge does not decide to issue an ex parte order against NLS before that.

We are aware of at least two other writ petitions in the works by CLAT aspirants. We will update this story if we learn of any other cases filed.

The Ranchi petition seeks a quashing of NLSIU’s notice that we had first reported yesterday, announcing its temporary exit from the CLAT and instead offering its own online admissions test on 12 September 2020.

NLIU Bhopal 2015 graduate Shubham Gautam, who is practising before the court, together with advocate Baibhaw Gehlaut filed the petition this morning on behalf of five CLAT aspirants.

The petition claims NLSIU’s notice is:

21. That the withdrawal of the Respondent No. 1 from the CLAT examination (which is to be held on 28/09/2020) violates the rights of the petitioners to have an examination in just and fair manner.

22. That the withdrawal of the Respondent No. 1 after filling of the registration forms by the students for CLAT is violative of the principle of promissory estoppel?

23. That the declaration of new date of examination by the Respondent No. 1 around10 days before the declared date of examination is illegal, arbitrary and whimsical?

24. That the declaration of new pattern of examination by the Respondent No. 1 around 10 days before the declared date of examination is illegal, arbitrary and whimsical

25. That the action of the Respondent No. 1 is against the established precedents of Hon’ble Supreme Court for the conduct of fair and just examination?

The primary questions the petition asks of the court are:

(A) Whether the notice dated 03/09/2020 issued by the Respondent No. 1 is violative of clause 15.7 of the bye laws of the Consortium of National law Universities?

(B) Whether the act of the Respondent No. 1 in declaring separate examination without withdrawing from the CLAT consortium is illegal, arbitrary and whimsical?

(C) Whether the act of the Respondent No. 1 in declaring separate examination while being a permanent member of the CLAT consortium of National Law Universities is unlawful and arbitrary?

(D) Whether the withdrawal of the Respondent No. 1 from the CLAT examination (which is to be held on 28/09/2020) violates the rights of the petitioners to have a examination in just and fair manner?

(E) Whether the withdrawal of the Respondent No. 1 after filling of the registration forms by the students for CLAT is violative of the principle of promissory estoppel?

(F) Whether the declaration of new date of examination by the Respondent No. 1 around10 days before the declared date of examination is illegal, arbitrary and whimsical?

(G) Whether the action of the Respondent No. 1 is against the established precedents of Hon’ble Supreme Court for the conduct of fair and just examination?

We have reached out to NLSIU for comment. [documentcloud http://www.documentcloud.org/documents/7202097-Jharkhand-HC-NLAT-Petition.html Jharkhand high court writ petition against NLAT]

Photo by Chagai.

Comments

Guest 4 Sept 2020, 06:28
+13 -7
Though this is a welcome move, I want to mention a few things.
Firstly, Sudhir is not to be blamed for all this. A certain alumni who works in [...] and frequents NLS is the instigator. Additionally, [...] along with [...] is behind all of this. This [...] has been brain washing Sudhir all along, right from the time Sudhir joined. [...]
Secondly, as someone who has had arguments with Sudhir on a lot of things while I was on campus, I can say that this guy believes in shock value of his decisions. Lastly, the administrative experience Sudhir has is [...]. Sudhir, actually comes across as [...] fellow who is unable to handle a lot of pressure from alumni and people who got him to the present position.
Guest 4 Sept 2020, 06:41
+13 -1
Kian, what was the need to censor names? I guess you are trying to protect your sources.
Current Student, NLS 4 Sept 2020, 09:08
+15 -3
Sudhir is certainly [...] when it comes to administration and reasoning. Talking to him is like [...]. He has launched a full-scale attack on the SBA to minimize student representation in every form. This means he gets to do what he wants implement whatever asinine policy he whims and, students can do nothing to stop him. He doesn't release minutes of his meetings with the student reps, is absolutely unresponsive over emails, the list just goes on and on. The current administration of a law school is so utterly deficient in making, implementing, and interpreting policy and statutes it is impressive. Sudhir has openly said in some of the classes that he will not follow the academic regulations. He does not care if he is riding roughshod over the law as long as he gets what he wants. He once told a student who objected to his policy to "stuff it" in front of the whole class. He wants to subject students who write mails which can invite media controversy to disciplinary proceedings. Again, the list just goes on and on. The student body has given him enough benefit of the doubt, his mails have become more and more threatening. The day before the student reps were to meet him to discuss reduction of fees he sent them a mail addressed to his lawyer telling him that the students are hoping in vain that he will engage with them. When the student body came to know about this he claimed that the mails sent to the account of the SBA are private and this is a breach of his privacy.

In short, I am not sure what institution he wants to make from the ashes of the student culture and community. He has breached the bare expectations we as students had of a reasonable person holding such an office. His policies are not well thought out and more often than not just plain stupid, it is obvious to everyone that he thinks of the ends first and then tries to fit some perverted reasoning and refuses to listen to the people who are bearing the brunt of it.
Alumna 4 Sept 2020, 09:30
+6 -29
Stuff it. Even if I assume for a second what you have said is true, Sudhir undoubtedly always has the best interests of his students at heart and will land them good placements. Be thankful for what he is doing.
Guest 4 Sept 2020, 09:44
+12 -2
The placements that are going to come, would anyways come, Sudhir or no Sudhir. On the contrary Sudhir is the one eyeing for a better placement after his stint at law school.
Guest 4 Sept 2020, 10:28
+12 -2
@Alumna: If you are so enamored of him, keep him for yourself. And get stuffed together.
Guest 4 Sept 2020, 09:46
Troll
+6 -25
Please ignore 1.1.1. The person commenting is a disgruntled student, probably ranking last in class. The comment is full of lies and slander and should be banned. 90% of the students stand by Sudhir. He is a Rhodes scholar who has taught at Columbia. He wants to maintain high standards. He cannot be a populist VC who gives easy marks and attendance, makes everything free etc.

I am sick of these Gen Z snowflakes whining all the time. We need to go back to the times when teachers could cane indisciplined students!
Guestt 4 Sept 2020, 10:09
+16 -1
Arrey boomer chacha, tum bhool gaye Facebook Oversight Boark ke baare me?
Guest 4 Sept 2020, 09:38
+6 -2
LI has proved yet again that it is pro-establishment.
Guest 4 Sept 2020, 06:50
+22 -2
Sudhir isn't a child or person suffering from mental deficiency. If he wants to be known as the stamp pad for legitimising other people's agendas, he is certainly be blamed for that. He's the head of the institution for God's sake, if not him, then who else should be held accountable for its actions?!
Student @ NLS 4 Sept 2020, 09:15
+5 -2
Guest, I genuinely want to know who is pulling the strings here, can you please anonymously tell me the names LI redacted at . All of us in nls are sick and tired of the stupidity of the administration in every possible sphere.
Guest 4 Sept 2020, 09:47
+2 -1
Wanna know who is pulling the strings? Hint: Domicile quota case.
Guest 4 Sept 2020, 09:30
Troll
+3 -13
Thank you commenter 1. Sudhir is indeed the best VC and he is also very compassionate. The slander campaign against him is being orchestrated by the coaching centre mafia, TLC mafia and certain jealous students/alumni of other NLUs. How is it Sudhir's fault if Mamata Banerjee secedes from India and imposes random lockdowns?
Umm 4 Sept 2020, 13:07
+8 -1
"TLC Mafia" sounds like a very Republic TV statement. "Bollywood mafia" and the likes
Sorry 4 Sept 2020, 09:33
+5 -1
Sorry but Sudhir is absolutely to be blamed for this. He's the administrative head, not whoever's name has been redacted. If the Vice Chancellor of NLS can be "brainwashed" so easily, he perhaps needs to go ASAP.
Guest 4 Sept 2020, 09:36
+6 -1
Why is LI censoring the name? Who are you protecting? We condemn such censorship! Can someone at least give hints?
Student22 4 Sept 2020, 06:36
+6 -2
I think Jharkhand HC might not grant an injunction, Delhi HC refused to grant relief to the petitioners during the NLSIU domicile case and asked them to file it in Karnataka HC. I think the same result might happen in Jharkhand.
Guest 4 Sept 2020, 08:11
+2 -0
They might not here given the short window period before the application deadline for NLAT.
Guest 4 Sept 2020, 07:13
+7 -10
The petition should be dismissed because Karnataka HC is the appropriate court. Please also note that NLSIU was forced to take the decision because of the arbitrary lockdown policy of the Bengal govt, otherwise CLAT would have gone on as usual. If the Bengal govt again calls a lockdown on the scheduled CLAT date then what will happen?
Honestly? 12 Sept 2020, 15:28
+0 -0
The lives of students appearing for the clat, and the inclusive nature of the exam, and the fact many have spent maybe their father's monthly income to apply for clat for the chance of NLS addmission should overrule any zero rule concern. Let's not prioritise some zero year issue over lives or inclusivity. They can always make an exceptional semester system for the current first year.
Guest 4 Sept 2020, 07:16
+5 -7
NLSIU will win the legal battle because of alumni clout. This will go to the Supreme Court where all the star alumni will stand by Sudhir and possibly ASG Vikramjit Banerjee will support NLSIU on behalf of the central government. ASG Banerjee has already argued against the domicile quota in the current court case and said that NLSIU is a special institution not comparable to other NLUs.
Guest 4 Sept 2020, 07:17
+7 -1
Is Legally India copying from Bar & Bench or vice versa? Who is getting the story first?
Parent 4 Sept 2020, 07:47
+17 -1
I, as a parent of a CLAT aspirant strongly support this legal challenge. We parents and students are very much affected by the frequent postponements of CLAT 2020. Inspite of repeated requests from a lot of parents and students to conduct CLAT on 7.9.20 itself, it is not known why CLAT alone was postponed from 7.9.2020 to 28.9.2020, that too when all India entrance exams like JEE and NEET which nearly 25 lakh student attend are not postponed. Whether Consortium think that India will be free from Covid 19 by 28.9.2020. We parents can only understand that some vested interests are behind this postponement as many elite private universities are to close their admission before the new CLAT date. Students who are preparing for CLAT 2020 for last two years are now totally exhausted. Now comes the NLAT, Is it not against Hon Supreme Court judgement. NLAT is proposed to be an online exam from home. Who can assure that there won’t be any cheating when it is conducted from home? We have seen from social media posts, what happened in SLAT. So how can the number one esteemed NLU choose this kind of exam for admissions. Now if remaining 21 NLUs conduct their own exams what will be the plight of CLAT aspirants. Seems no one is worried about the sincere aspirants preparing day and night for the last two years with the only aim to crack CLAT. Now we really miss Shamnad Basheer Sir and are able to understand his thoughts and proposals regarding CLAT. Seems there is no unity among consortium members and decisions are taken without considering the future of thousands of students, but just to satisfy the ego and vested interests of some individuals. Better to entrust the conduct of CLAT to NTA if Consortium is not equipped enough rather than spoiling the future of thousands of students. Postponement of CLAT to 28.9.20 is done by Consortium and for this decision students should not be punished by conducting one more exam- NLAT. NLSIU must accept CLAT scores and withdraw NLAT notification.
Guest 4 Sept 2020, 08:14
+9 -14
A parent with that much information - names of exams, past judgments etc. I call bullshit on this post.
Pi 4 Sept 2020, 08:56
+15 -0
can be a parent who is also a lawyer
Idiocy 4 Sept 2020, 09:34
+5 -0
A lot of lawyers send their children to law school, as you'd reasonably expect
Guest 4 Sept 2020, 09:53
+3 -6
I don't think parents visit LI, so probably a student pretending to be a parent, since posts by grown ups are taken more seriously.
Guest 4 Sept 2020, 10:07
+2 -1
And the lawyer was free enough to type up that at 1:35 pm in the afternoon on a working day? I do not disagree with some of the substantive points, I am just - tongue in cheek - calling BS on the identity assumed by the author. Anyhow, it was a troll-ish jibe on my part; no need for you to jump at. Afterall, don't they say not to feed the troll.
Guest 4 Sept 2020, 09:28
+2 -17
People are being very unfair and harsh towards Prof Sudhir on social media. I am shock by the toxicity of some of the comments. I have a feeling some of the comments are by the coaching centre mafia. Forget the fact that he is the topmost legal scholar in India, he is also a human being with feelings who is going through a lot of stress. Please be kind.
Guest 4 Sept 2020, 10:08
+5 -0
Top most legal scholar :-D

Baxi kab poore hue? Chimni, MP Singh etc bhi saath hi gaye kya? What about Dr. Ambrose? And so many more. A good scholar keh lo bhai, tum lok toe g___ ke andar utar hi jaate ho.
Guest 4 Sept 2020, 10:32
+4 -0
It's because he can put a spin on anything and everything like a top. Bhavnaon ko samjhiye!
Jhon Wick 4 Sept 2020, 14:02
+5 -0
I don't know about the politics going in NLUs , but please consider, it is not about 150 rupees, it is about what magic these people will do in 16 days. Now you will say duniya 1 second mein idhr se udhr ho jati hai and all that, but ye movie wala dialogue real life mein kaam nhi krta. It take years to even get a 1000 views on your onlyfans account. What about NLU Bhopal? They too have a tri system I guess?
If IITs and IIMs can deal with this , what in the world is NLSIU? They some sort of 'Harvard of India'? Coachings are not against NLSIU rather it is NLSIU who should termed as EDUCATION MAFIA . Itna hi dard tha toh 3 mahine pehle kyu nhi bhonke ye?
Guest 4 Sept 2020, 15:23
+0 -0
Tab sirf soong rahe the. Hawa.
Guest101 5 Sept 2020, 04:10
+0 -0
John* wick bro get your facts checked. Nliu doesn't have the trimester system anymore.
Think about it 5 Sept 2020, 09:33
+1 -3
It’s not about what will change in the two odd weeks between nlat and clat. Nls is saying they don’t think clat consortium will hold to the end September date either. That they have no faith in the consortium process being productive- and that’s why they want to have their own exam.
Guest 5 Sept 2020, 13:39
+2 -1
Yeah, because they have got so much legal ground to go for anticipatory breach of contract! Did Sudhir give this ultimatum before the last date had been postponed? Or he is getting overnight injections of disbelief? Lousy display of professionalism.
Guest 5 Sept 2020, 05:40
+0 -6
Sudhir may someday becoming an SC judge under the eminent jurist provision. So SC judges should remember that he will be their future brother judge.
Guest 5 Sept 2020, 07:37
+1 -0
Hahaha.... Ji bilkul
Guest 5 Sept 2020, 07:39
+5 -0
Which means they should start holding press conferences against him from now only?
Jhon Wick 5 Sept 2020, 06:19
+0 -0
Guest 101 bro first of all Jhon is a alternate spelling of John. And I think my facts are clear . You can enlighten yourself here https://www.barandbench.com/apprentice-lawyer/nliu-bhopal-trims-unnecessary-courses-to-take-burden-off-students . I don't think we have to copy all the western things. It is floccinaucinihilipilification . Peace to you.