[CLAT 2020]: Law Aspirant Moves SC Seeking Clarification On Provision Of Isolation Room At Exam Centres For COVID-19 Positive Candidates [Read Application]
An urgent application has been moved before the Supreme Court seeking clarification in regard to the facilities for isolation rooms at the CLAT exam centres for the candidate, who has tested positive for COVID-19, to write the exam on 28 September 2020. Earlier, the Supreme Court had quashed the NLSIU's National Law Admission Test (NLAT) 2020 and had directed the CLAT 2020 to be held...
An urgent application has been moved before the Supreme Court seeking clarification in regard to the facilities for isolation rooms at the CLAT exam centres for the candidate, who has tested positive for COVID-19, to write the exam on 28 September 2020.
Earlier, the Supreme Court had quashed the NLSIU's National Law Admission Test (NLAT) 2020 and had directed the CLAT 2020 to be held as per the schedule i.e. on 28 September 2020.
The impleadment application is moved by one Mr. Deepansh Tripathi, who is an aspirant scheduled to appear for the CLAT 2020 on 28 September 2020. However, the aspirant is currently in isolation due to being tested positive for COVID-19. The said application seeks clarification to the judgment [Rakesh Kumar Agarwalla and Anr. v. National Law School of India University, Bengaluru & Ors., Special Leave Petition No. 11059 of 2020] passed by the Supreme Court on 21 September 2020 and order of the CLAT Consortium issued on 23 September 2020 in regard to providing isolation rooms in the exam centres for COVID-19 positive aspirants as promised earlier.
The applicant has relied to the statement by the Vice-Chancellor of NLSIU, Bangalore, Mr. Sudhir Krishnaswamy which was reported by LiveLaw on July 9, 2020, where he has assured that:
"the health and safety protocols that will be followed at the test centers will be of 'highest standard'. He has also informed that the Consortium has classified all centers into 'general testing rooms' and 'isolation rooms'."
He has also assured very clearly regarding both asymptomatic and symptomatic candidates.
In the order of instructions issued by the CLAT Consortium on 23 September 2020, the candidates who have tested positive for COVID-19 and are under medical surveillance will not be permitted to take the CLAT 2020 examination scheduled to be held on 28 September 2020. The applicant alleges and submits that:
"the sudden change in the stand of the Consortium of National Law Universities has deprived the applicant of his fundamental right under Article 14 of the Constitution of India to be treated as an equal and be given opportunity to appear in the examination on 28.09.2020 which otherwise he was well entitled to like any other student."
The applicant under this eventuality has filed this urgent application before the Supreme Court entreating for the clarification in the Supreme Court judgment (dated: 21 September 2020) and the order of instructions issued by the CLAT Consortium on 23 September 2020.
The Petition has been filed by by Advocate Garima Prashad through Advocate Sumit Chander & Advocate Vinay Kumar