Vineet Kumar Roy v. Union Of India And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.12830 of 2018 ====================================================== Vineet Kumar Roy, son of Shree Sanjay Kumar Roy, Resident of Sankat Mochan Colony, Ward No.7, Police Station-Madhubani (T), DistrictMadhubani. ... ... Petitioner
Versus
1. Union Of India through the Secretary, Ministry of Law and Justice, 4th Floor, A Wing, Shastri Bhawan, New Delhi-110 001.
2. Union Of India through the Secretary, Ministry of Human Resources Department, Shastri Bhawan, New Delhi-110 001.
3. The Clat 2018, working committee cum Implementation Committee, through its Convener, Prof. (Dr.) Rose Varghera, National University of Advanced Legal Studies (NUALS) Medical College; NAD Road; HMT Colony, North Kalamassery, Kalamassery Kochi, Kerala-683503.
4. National University of Advanced Legal Studies (NUALS) through the Vice-Chancellor, Medical College; NAD Road; HMT Colony, North Kalamassery, Kalamassery Kochi, Kerala-683503.
5. Bar Council of India, through its Secretary 21, Rouse Avenue, Institutional Area, Near Bal Bhawan, New Delhi-110 002.
6. Chanakya National law University, through its Registrar; Mithapur, Patna800001.
7. Soni Computer Centre, 3rd Floor, Uma Complex, Ram Krishna Nagar (West), Above Bank of India; Patna Bihar 800027. ... ... Respondents ====================================================== Appearance :
For the Petitioner/s :
Mr. Shailendra Kumar Jha Mr. Bir Singh For the Respondent/s :
Mr. Rajesh Kumar Verma, C.G.C.
====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 18-08-2018 This matter arises out of Common Law Admission Test, 2018, held by National University of Advanced Legal Studies, Kochi, Kerala, where the petitioner has grievance that the selection process was faulty.
My attention is drawn by the learned counsel for the petitioner to the Supreme Court's decision, rendered on 13.06.2018 in Writ Petition (Civil) No.551 of 2018 (Disha
2/4 Panchal and Others Vs. Union of India the Secretary and Others) and other analogous matters, where the Supreme Court has dealt with similar issues as raised in the present writ application in respect of CLAT-2018. The Supreme Court, upon consideration of all the matters in detail, has issued following comprehensive directions in paragraph 12 :
"12. Having considered the entirety of the matter, we give following directions:
A). The exercise of applying normalization formula as suggested by Mr. V. Giri, learned Senior Advocate and revising the scores of 4690 candidates shall be completed by 15.06.2018. Respondent Nos.2 and 3 namely the National University of Advance Legal Studies, Kochi and Core Committee-Common Law Admission Test 2018 through its Convenor -Vice Chancellor, National University of Advance Legal Studies, Kochi shall undertake the entire exercise and complete it by 15.06.2018.
B). Upon completion of said exercise, the revised scores of 4690 candidates will be published by respondents 2 and 3 on the official website on 16.06.2018.
C). Based on such revised scores the merit list will be rearranged in terms of Para 3 of the suggestion given by the Committee. In other words, the revised position of the concerned candidate will be indicated by rank Nos.51A-51B as illustrated by the Committee.
D). The first round of counseling which began on 10.06.2018 shall go on without any impediment and if any candidate is allocated a seat,
3/4 such allocation will not in any way stand adversely altered as a result of revised position granted to any of the candidates from the body of 4690 candidates. E). If any candidate from the body of 4690 candidates is otherwise entitled, that is to say even without the benefit of revised score, to be allocated any seat, it goes without saying that such allocation will not in any way stand adversely affected.
F). In the second round of counseling the rank/merit list so prepared in terms of these directions shall be the governing list and the seats in second and subsequent rounds of counseling will be allocated on the basis of the list so revised in pursuance of these directions.
G). If a candidate, as a result of revised rank list being operative in second and subsequent round of counseling wants to secure admission in any other college of his or her choice going by his or her revised ranking, he/she shall be allowed to do so without incurring any disadvantage. In such cases, the fees if deposited in the first college shall be given due credit against the admission in the second college which the candidate may opt for as a result of revised ranking."
The High Courts have been requested to dispose of the pending matters raising challenges in respect of CLAT-2018 in the light of the aforesaid directions.
Considering the above, this application is also disposed of in the light of the directions of the Supreme Court in the case of Disha Panchal and Others Vs. Union of India the
4/4 Secretary and Others (supra).
(Chakradhari Sharan Singh, J) Pawan/Ragini U