Plea In Karnataka High Court Challenges CLAT-PG Mandate For JAG Entry

The petition is filed by Purbayan Chakraborty, a Final year law student at Karnataka State Law University's Law School, Hubli.

The plea says that imposing a precondition that the candidates should have appeared for CLAT 2022 PG program and making selection on the basis of this, militates against the fundamental right to equality of opportunity in public employment guaranteed under Article 16 of the Constitution.

It is submitted that CLAT entrance exam charges exorbitant fees of Rs.4000. A law student has approximately 8 chances to appear for JAG entry. Now when the Clause adding preconditions that a person should have given the CLAT preceding year means if a person does not clear JAG in his first attempt then again he'll have to apply for CLAT which means he'll have to pay again and again Rs. 4000.

"Asking a person to keep participating in CLAT and paying Rs. 4000/- everytime he wants to participate in JAG puts a person in mental as well as financial pressure," the plea states.

Moreover, CLAT examinations are meant for the entrance examination in the National Law Universities across the country. However, the persons who opt not to pursue LL.M in such institutions do not appear in CLAT examination. That does not make the petitioner any lesser candidate. As long as the institutions are approved by the Government, the state cannot discriminate between the NLUs and non-NLUs, plea says.

It adds, "CLAT consortium is not a government body and the Ministry of Defence does not have any control whatsoever over the examination."

The plea prays for direction quashing the impugned notification published on August 24 and to conduct the JAG exam on the basis of other criteria such as academic excellence.

Case Title: Purbayan Chakraborty v. Union of India

Case No: FR No 18468/2022