Plea Seeking Permission For Covid Infected CLAT Aspirants To Appear In Entrance Exam To Be Mentioned Before CJI Tomorrow At His Residence Office
The application seeking permission for Covid Infected CLAT aspirants to appear in the entrance exam scheduled on Monday, will be mentioned tomorrow before the CJI at his residence office.The plea was filed before the Supreme Court yesterday by a Covid positive CLAT aspirant, Mr. Deepansh Tripathi and it was insisted therein that since the examination is scheduled to be held on September 28,...
The application seeking permission for Covid Infected CLAT aspirants to appear in the entrance exam scheduled on Monday, will be mentioned tomorrow before the CJI at his residence office.
The plea was filed before the Supreme Court yesterday by a Covid positive CLAT aspirant, Mr. Deepansh Tripathi and it was insisted therein that since the examination is scheduled to be held on September 28, the matter be heard on September 26 itself.
However, the counsels appearing for Mr. Tripathi told LiveLaw that the matter was listed for hearing on October 1, 2020, whereas the CLAT examination is scheduled to be held on Monday.
Advocate Abhishek Kumar Tripathi, who shall mention the petition before the CJI tomorrow, told that since their petition would be rendered infructuous once the examination is conducted, and because the plea involves a question in larger interest of candidates, they have moved an urgent application for mentioning of the plea tomorrow, i.e. Sunday.
The Applicant has sought clarification to the judgment [Rakesh Kumar Agarwalla and Anr. v. National Law School of India University, Bengaluru & Ors.] passed by the Supreme Court on 21 September 2020 and order of the CLAT Consortium in regard to denial to appear in CLAT exams to aspirants suffering from Covid-19 by not providing isolation rooms at the exam centres for COVID-19 positive aspirants, as promised earlier. (Admit cards have been issued with a provision that isolation rooms/centres will be provided to Covid positive students.)
As per the latest order of the CLAT Consortium, 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 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'."
The Petition has been filed by Advocate Garima Prashad and Advocate Sumit Chander and Advocate Vinay Kumar