This is a classic example of courts playing tareekh pe tareekh with the litigants. Having come to a prima facie view that there were glitches, why is NUALS being asked to formulate a committee and then that committee will come up with solutions? Looking at each individual grievance is not only pointless but will take a lot of time. There is no time for these students and the universities. The only question that needs to be asked is that whether there has been any instance where a student has lost time due to technical glitches attributable to Sify/NUALS? If the answer is yes, even for one centre, then there should be an immediate retest, on principles of equity and that there is precedent (a brother commentator pointed to the AIPMT re-examination case).

The fact that the Supreme Court is of the prima facie view that the conduct of the exam was marred with glitches is opposite to the view of NUALS Kochi that the exam went on smoothly.

The computer logs can be manipulated for all we know and even the cctv recordings can be deleted.NUALS Kochi is trying to wipe it's hands off the big mess that is CLAT 2018.

Any measure by the committee set up by NUALS Kochi is obviously going to cause opposition to it.

Like even if say 10 Grace marks is awarded for time lost like what is the probability that if the candidates didn't lose time they would have got all 10 questions right..and the moment grace marks is announced many people will claim it.

Grace marks won't be sufficient for deserving candidates who could have answered more questions and got more marks than the grace marks awarded in the absence of technical glitches.

Therefore Re exam is the only solution to even the playing field Adamant NUALS Kochi must be taught the error of it's ways.

To all those people saying "it's by students who had a bad exam"...if it was really true then why would the supreme Court and respective high courts even entertain such writ petitions? The Supreme Court could have dismissed the writ petition praying for a RE CLAT 18 just like it dismissed petitions calling for RE NEET 17.Yes it's going to cost money..in 2015 The Supreme Court ordered RE AIPMT .. approximately 11 to 12 lakh wrote the exam.. application fee about 2000..please do the math.

The Court has found substance in the petitions filed. And it's not just UG even PG candidates affected.

Like people against the re exam I am not against you getting a seat in NLS , NALSAR , NUJS and so on.As a serious aspirant I understand the pain , sacrifices, hard work u all did to achieve that .So even if there is a re exam your hard work will definitely pay off.

Just imagine if this happened to you.You worked your heart and soul off for a year or maybe more keeping in your head the dream of you sitting in a premier law school only to have it dashed , broken and shattered in the exam centre.What if your computer submitted the test 30 minutes early and what if in those crucial 30 minutes you could have gotten at least 40 more marks?Would you just go home cry and take a drop? No u will fight to correct the injustice .

Hope the Supreme Court will grant out justice to all.

I would like to use a paragraph from the live law report of the court proceedings.
Here the counsel for the respondent NUALS Kochi has put the "audit" reports before the Supreme Court bench .

Drawing the attention of the bench to the summary in respect of petitioner 1 Disha Panchal , he remarked, “she had taken 2 hours 26 minutes in writing the examination…the report even indicates such details as number of questions…”...

Read more at: http://www.livelaw.in/breaking-clat-2018-sc-suggest-to-form-nodal-agency-to-examine-the-grievances-of-candidates-asks-nuals-to-reply/


This statement alone forms a basis for the re exam.

If u read the petition closely the petitioner 1 Disha Panchal says that the computer started only at 3 : 35 PM leaving her only 1hr 25 minutes to complete the paper.



BUT the logs by NUALS Kochi shows she got 2hrs 26 mins...either NUALS Kochi manipulated the logs because reasonably thinking why would a student to who got 26 minutes beyond the actual time frame contest before the court for a re exam??

Utter nonsense by NUALS Kochi trying to cover up the mess.

Re exam is the solution as I asserted in my previous comment.

I am afraid SC is taking this too lightly and as a series of isolated events, rather than a system-wide deficiency. Exactly what remedy can any committee provide to certain specific students anyway? Award them extra marks? If so, how's that fair to the rest of the students, whether or not the latter got affected on exam date? Refund their fees? That's not part of their prayer anyway and it cannot be any just remedy, given that out of the affected students, many will not have the privilege of waiting for a year and their chances of studying at an NLU are effectively gone. It is also worrying that the court believes every affected student has the means and opportunity to have approached the court with their grievance and therefore, nobody apart from the petitioners deserve any relief, whereas there is plenty of prima facie evidence like the Google form that such is not the case! Not even a stay order was issued on the results till said grievances have all been addressed, which essentially would render the whole process as a mere consolation prize. I do not want to call wolf at every instance, but it is true that the NLUs do have considerable political influence, especially the people who are in charge and these days, the judiciary is not beyond reproach when it comes to being so influenced anyway.

We are very thankful to the SC for not ordering a retest and instead directing an enquiry. This is the sensible thing to do rather than give in to mob justice by rowdy people on social media. As has been pointed out earlier, a REFUND rather than RETEST is the correct and fair solution. Once again, the SC has been the exemplar of justice, neutrality and fair play.

Thank you on behalf of the students who worked hard and cleared CLAT, facing the same obstacles as the mob seeking a retest.

I have only one query. Form all the social media reports and comments etc., it seems at least several thousand students have been adversely affected, if not more. So how come NUALS is only claiming to have received around 250 complaints so far? Is it that difficult for the aggrieved students to send an email to the authorities stating their grievance? At least for a sizable number, accessibility to email should not have been a problem. The petitioners' advocates should also have issued a nationwide call for those students to just get in touch. Like a mass tort suit. Would have been far easier to convince the court of the scale of the problem. As of now, court seems to believe the number of affected students to be too small to think of drastic measures like retest.

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