AIBE Can Be Easily Conducted In Multiple Languages, CLAT Involves More Complex Issues In Translation: Consortium Of NLUs To Delhi High Court

The Consortium of National Law Universities has told the Delhi High Court that while AIBE can be easily translated and conducted in multiple languages, CLAT examination involves much more issues in translation.

Stating that there are fundamental differences between the two examinations, the Consortium has said that introduction of an “altogether new format” for CLAT 2024, which is scheduled to take place in December, is not feasible at this stage as it will seriously prejudice all candidates who have already commenced their preparation for the year.

The submissions have been made by the Consortium in an additional affidavit filed in response to a public interest litigation seeking the conduct of CLAT-UG 2024 not only in English but also in other regional languages as mentioned in the eighth schedule of the Constitution of India.

The petition has been moved by Sudhanshu Pathak, who is a law student of Delhi University. He is represented by Advocates Akash Vajpai and Sakshi Raghav.

“The balance of convenience is in favour of causing no changes in the current testing pattern for the present. The Respondent No. 1 [Consortium] simply does not have the capacity and wherewithal currently to immediately implement any additional language options, without compromising the quality and integrity of the competitive examination,” the Consortium has said.

The response further states that the Consortium’s Advisory Board in a meeting held on August 19 has extensively discussed the issue.

“I say that it would be appropriate to await the comments from the experts in the field after thorough consultations, and receive inputs from other testing agencies, before a decision can be made that accommodates all concerns while ensuring that the CLAT examination remains a high academic quality examination of unimpeached integrity,” the response adds.

Furthermore, the Consortium has opposed the stand of Bar Council of India who supported the plea and submitted that even AIBE was conducted in 23 languages this year.

“I further submit that paragraph 3 of the Affidavit filed by the Bar Council of India wherein BCI has submitted that it had offered All India Bar Examination XVII in 23 languages, is factually incorrect. Upon making enquiries, it is learnt that the said examination was offered in only 11 languages last year,” the response states.

Earlier, the Consortium had submitted that it is a “near impossibility” to hold the CLAT 2024 examination in regional languages.

The matter was heard by a division bench headed by Chief Justice Satish Chandra Sharma yesterday. The court asked Pathak to implead National Testing Agency (NTA) in the matter.

The plea states that the CLAT examination fails to provide a “level playing field” to the students whose educational backgrounds are rooted in regional languages.

It has been submitted that the practice of taking CLAT (UG) examination only in English language has an element of arbitrariness and discrimination and is violative of Articles 14 and 29(2) of Constitution of India.

The petitioner also places reliance on a recent survey conducted by IDIA Trust indicating that over 95% of the surveyed students came from schools where the medium of instruction was English, both at the secondary and higher secondary level.

It has also been submitted that the new Education Policy of 2020 and Right of Children to Free and Compulsory Education Act, 2009 require mother tongue to be the medium of instruction in schools and higher education institutions.

Case Title: SUDHANSHU PATHAK v. CONSORTIUM OF NATIONAL LAW UNIVERSITIES THROUGH SECRETARY & ORS