Not Possible To Administer CLAT As Home Based Online Examination: NLU Consortium Tells Delhi HC

The submission has come in a law graduate's plea impugning the CLAT-2020 notification, in so far as it mandates physical presence of the students at the examination center.

Interestingly, the reply-affidavit was filed when NLSIU VC Prof Sudhir Krishnaswamy was serving as the Secretary of the NLU Consortium.

The affidavit was signed at the time by Prof. Krishnaswamy, in his capacity as the Secretary of the Consortium, whereas presently he has announced that NLSIU Bangalore will hold a separate home-based online entrance exam, for admissions to the University.

In the reply affidavit, the Consortium has opposed the law graduate's plea on the following grounds:

• Consortium will not be able to maintain equitable access to necessary facilities for a home-based exam for all 78,000 candidates. Home-based exams require access to a laptop or desktop or computer, internet access and network stability. The Consortium cannot expect all candidates to have access to these resources at home, and doing so would severely harm those candidates from economically poorer backgrounds or areas without adequate internet.
• An online test at home with technological measures cannot ensure transparency, fairness and the integrity of a high stakes examination process such as CLAT.
• None of the test centres identified for conducting CLAT-2020 fall within containment zones access to which is prohibited under the Guidelines for Phased Re-opening issued by the MHA.
• The Consortium has also challenged the maintainability of the petition on grounds of territorial jurisdiction as the Consortium is based out of Karnataka. (Note: now it is proposed to be shifted to Hyderabad)

The NLU Consortium had unanimously resolved to divest Professor Sudhir Krishnaswami, Vice Chancellor, NLSIU, Bangalore, of his functions as the Secretary-Treasurer of the Consortium, on September 6.

The decision was taken in the aftermath of NLSIU's decision to withdraw from CLAT 2020 and hold a separate entrance examination for admissions to its five year B.A LL.B(Hons) course for the academic year 2020-21.