1IN THE HIGH COURT OF GUJARAT AT AHMEDABAD DISTRICT: Gandhinagar SPECIAL CIVIL APPLICATION NO. 7742 OF 2012 IN THE MATTER OF: Articles 226 & 227 of the Constitution of India AND IN THE MATTER OF: The Gujarat National Law University Act, 2003 and the Gujarat National Law University Regulations, 2009 AND IN THE MATTER OF: Arbitrary denial of admission IN THE MATTER OF: Donnie Ashok, aged about 19 years, R/o H-63, Baishnabghata Patuli Township, Kolkata – 700094, West Bengal VERSUS 1. Gujarat National Law University (Notice to be served through) Registrar, Gujarat National Law University, Attalika Avenue, Knowledge Corridor, Koba, Gandhinagar - 382007 (Gujarat) … Petitioner 2 2. The Convener, Common Law Admission Test 2012 (CLAT-2012), National Law University, Jodhpur, NH-65, Nagour Road, Mandore, Jodhpur - 342 304 (Notice to be served through) Registrar, National Law University, Jodhpur, NH-65, Nagour Road, Mandore, Jodhpur - 342 304. (Rajasthan) … Respondents TO THE HON’BLE CHIEF JUSTICE AND HIS COMPANION JUDGES OF THE HON’BLE HIGH COURT OF GUJARAT AT AHMEDABAD The humble petition of the petitioner above named MOST RESPECTFULLY SHOWETH: 1. That the Petitioner has been constrained to approach this Hon‟ble Court by way of the present petition under its extra ordinary jurisdiction under Article 226 of the Constitution of India, being aggrieved by the illegal and arbitrary act of Gujarat National Law University, Respondent No. 1 herein (hereinafter referred to as “GNLU” for the sake of convenience), in refusing to admit him to its five year B.A. LL.B. (Hons.) degree course, despite the petitioner having secured an All India Rank of 427 in the Common Law Admission Test conducted by the Respondent No. Though on the basis of the aforesaid rank, the Petitioner had a legitimate expectation to be admitted to the 5 year B.A., LL.B. (Hons.) degree 3 course at GNLU, Respondent No. 2, his admission has been refused, stating, inter alia: “GNLU will not be able to admit the candidate according to the published information in CLAT brochure. The published information was also approved by the Academic Council and Executive Council who are competent body to decide in the matter.” 2. The Petitioner prays, inter alia, for issuance of a writ of mandamus, or a writ in the nature of mandamus, or such other writ as may be issued by this Hon‟ble Court directing the Respondents to admit the Petitioner to the five year B.A. LL.B. (Hons.) degree course at the GNLU, Respondent No. 1as a regularly admitted student. 3. That the Petitioner is a citizen of India and a resident of H 63, Baishnabghata Patuli Township, Kolkata – 700094, West Bengal, and seeks protection of his fundamental rights enshrined in Part – III of the Constitution of India by way of the present petition. The Petitioner may also be served through counsel, during the pendency of the present proceedings. 4. GNLU, Respondent No. 1 is a body corporate established under Gujarat National Law University Act, 2003, located within the territorial jurisdiction of this Hon‟ble Court and is therefore, amenable to the extraordinary Writ Jurisdiction of this Hon‟ble Court under Article 226 of the Constitution of India. Respondent No. 1, prior to 2008, used to admit students on the basis of an 4 entrance examination conducted by it. Respondent No. 2, has since become a part of a consortium of Universities which have entered into a Memorandum of Understanding, by which they have agreed that a Common Entrance Test for their undergraduate and post graduate degree courses in law by the name and style of “COMMON LAW ADMISSION TEST” (hereinafter referred to as “CLAT” for the sake of convenience) shall be conducted annually, and admission of students in all the universities in the consortium shall be on the basis of the results secured in CLAT. Copy of the Memorandum of Understanding is enclosed herewith and marked as Annexure – P/1. Each year, the administration of CLAT, including the preparation of a rank list and allotment of seats in various National Law Universities according to that rank list, is conducted by a representative of one of the participating National Law Universities designated the Convener of the Common Law Admission Test. Respondent 3, having conducted CLAT during the present year, would be amenable to the extraordinary Writ Jurisdiction of this Hon‟ble Court under Article 226 of the Constitution of India insofar as its actions affect the allotment of seats in the Gujarat National Law University, Respondent No. 2. 5. That the brief facts leading to the present Writ Petition are as follows: a. The Petitioner hails from an economically backward family in the State of West Bengal. The Petitioner‟s father has an annual income of less than Rs. 2 lakh. Owing to severe financial problems faced by his family, the Petitioner‟s 5 schooling had been erratic and he had been undertaking various odd jobs to earn a living. In Class 11, he was expelled from his school for not being able to pay the fees. b. Hearing about the programme „Increasing Diversity by Increasing Access‟ (IDIA) that helps students from underprivileged backgrounds to secure admission to the leading law colleges in India, the Petitioner appeared in the IDIA Aptitude Test (a test conducted all over India to select deserving underprivileged children that IDIA would support). He secured the first rank in the IDIA Aptitude Test and was admitted into the programme immediately. IDIA paid the arrears of his school fees and helped him resume his schooling, after persuading his Principal to readmit him to Class XII despite the delay. The Petitioner was admitted sometime in the month of November and with the support of IDIA, started preparing for his Class XII examinations, although more than half the academic year was over by then. c. Despite his best efforts, Petitioner could not pass the I.S.C. examination in 2011, due to paucity in time to prepare for the same. The Petitioner repeated the Class 12 examinations next year, on the basis of the support received from IDIA and secured 56.25% aggregate. He also appeared in CLAT, and secured an All India Rank of 427 in the General category. More than 23 thousand students had appeared in the test. 6 d. On 28.05.2012, the Respondent No. 3 on the basis of the rank of the Petitioner, published his name in the list of students selected for admission to the five year B.A. LL.B. (Hons.) degree course in law at National University of Study and Research in Law, Ranchi, on the website – www.clat.ac.in. Thereafter, a revised list was published on the said website by the Respondent No. 3, on 01.06.2012 and the Petitioner learnt that he had been selected for admission to to the five year B.A. LL.B. (Hons.) degree course in law at GNLU, Respondent No. 1. A true typed copy of the relevant page of the Rank list is enclosed herewith and marked as Annexure – P/2. e. The Petitioner thereafter, visited the website of GNLU, Respondent No. 1 to apprise himself of the admission formalities, and learnt that he was required to complete the payment of fees and registration formalities directly with GNLU, Respondent 1, on or before June 9, 2012. f. The Petitioner noticed that the website of GNLU, Respondent No. 1 as well as the brochure supplied by Respondent No. 1 along with the CLAT admission form, stated that “Candidates passing HSc/10+2/equivalent exam by re-take/more than one attempt/special permissions, are not eligible.” Copy of the relevant page of the brochure supplied by Respondent No. 2 is enclosed herewith and marked as Annexure – P/3. 7 g. The aforesaid criteria for ineligibility was peculiar to GNLU, Respondent No. 1 and the Petitioner noticed that such a restriction was not imposed by any other university in the consortium of universities who admitted students on the basis of the results in CLAT. The Petitioner therefore contacted the Director of GNLU, Respondent No. 1 on 03.06.2012 apprising him of this aspect and requested that he be admitted to the 5 year BA LL.B. (Hons.) degree course. Copy of the email dated 03.06.2012 is enclosed herewith and marked as Annexure – P/4. h. On June 4, 2012, the Petitioner received a reply to the aforesaid electronic mail stating that his request was under consideration. This electronic mail is enclosed herewith and marked as Annexure – P/5. i. As the deadline for admissions was fast approaching and there was no response forthcoming, the Petitioner requested Professor Shamnad Basheer, Ministry of Human Resources Development Chair Professor of Law at the West Bengal National University of Juridical Sciences, Kolkata and the Managing Trustee of IDIA to correspond with the Director of GNLU, Respondent No. 1 and request him to consider the case of the Petitioner. Prof. Shamnad Basheer, sought legal advice and corresponded with the authorities at GNLU, Respondent No. 1 telephonically and also by electronic mail dated June 8, 2012. Copy of the electronic 8 mail dated June 8, 2012 is enclosed herewith and marked as Annexure – P/6. j. On June 8, 2012, Prof. Basheer was informed via telephone by GNLU, Respondent No. 1 that his request had been forwarded to Mr. Thomas Mathew, Assistant Professor of Science and Technology, heading the admissions committee for consideration. Prof. Basheer also corresponded with Mr. Thomas Mathew over telephone and was informed that admission could not be granted as the Brochure had the effect of amending the Gujarat National Law University Regulations, 2009 as Executive Council, Academic Council and General Council of the Respondent No.2 had approved the contents of the Brochure. Prof. Basheer requested for copies of the minutes of the relevant meetings of the Executive Council, Academic Council and the General Council of GNLU, Respondent No. 1and the same were supplied to him forthwith. Copies of the said minutes are enclosed herewith and marked as Annexure - P/7 (Colly). k. On June 8, 2012, Prof. Basheer was informed by GNLU, Respondent No. 1, by electronic mail, that the Petitioner would not be admitted to the 5 year B.A. LL.B. degree course at GNLU. Copy of the said electronic mail is enclosed herewith and marked as Annexure – P/8. 6. The Petitioner immediately proceeded to Gandhinagar, Gujarat carrying copies of all the aforesaid emails, including 9 correspondences with Prof. Basheer which had been forwarded to him with a hope to persuade the university authorities to change their mind. A demand draft for the fees to be deposited at the time of admission, sponsored entirely by IDIA, had been directly sent to the GNLU, Respondent No. 1by the authorised representative of IDIA, from Kolkata. On June 8, 2012, the Petitioner presented himself in person at the admissions desk at GNLU, Respondent No. 1with a final request for considering his application for admission. GNLU, Respondent No. 1 refused to accept his application form and supporting documents, stating that they were not inclined to reconsider their decision to not admit him. 7. Thus to the utter shock and surprise of the petitioner and his sponsor, the GNLU refused to admit the petitioner on the ground that the petitioner was ineligible for admission to GNLU having passed HSSC exam at the second attempt, and was told to seek admissions to other National Law Universities (all of which admit repeaters and second attempt candidates on the basis of the CLAT score and merit rank). Hence this petition. The question is whether the petitioner is ineligible for admission to GNLU. 8. The Gujarat National Law University Act, 2003, section 41 provides that “No student shall be enrolled as a student in the University, unless he possesses such qualifications as may be prescribed by the regulations”. Under section 2 (g), “regulations’ means regulations made under this Act.” 9. Section 46 provides for making of Regulations. It reads as follows: 10 46. (1) The Executive Council may make regulations consistent with the provisions of this Act to provide for the administration and management of the University. (2) The Executive Council shall not make, amend or repeal any regulation affecting all or any of the following matters without the prior concurrence of the Academic Council, (a) the determination of authorities for organising teaching relating to syllabus and academic programmes; (b) the withdrawal of degrees, diplomas, certificates and other academic distinctions; (c) the establishment and abolition of Faculties, Departments, and specialised schools centres of learning and research, and halls of residence; (d) the institution and award of fellowships, scholarships, studentships, exhibitions, medals and prizes; (e) conditions and modes of appointment of examiners, conduct or standard of examinations and course of study; (f) modes of enrolment or admission of students; (g) examinations of other University to be recognised as equivalent to University examinations. (3) The Academic Council may propose to the Executive Council to make regulations on all or any of the matters specified in clauses (a) to (g) and matters incidental or related thereto. (4) Where the Executive Council has rejected any regulation proposed by the Academic Council, the Academic Council may appeal to the Visitor, and the Visitor may, by order, direct that the proposed regulation may be laid before the next meeting of the General Council for its approval and that pending such approval of the General Council, such regulation shall have effect from such date as may be specified in the order: Provided that where the regulation is not approved by the General Council at such meeting, it shall cease to have effect. (5) (i) All regulations made by the Executive Council shall be submitted to the General Council and to the Visitor for approval. (ii) The General Council may, by resolution, approve the regulations. 11 (iii) The Visitor may approve the regulations and the regulation so approved shall remain in force till the date on which it is approved or disapproved by the General Council. 10. Regulations are framed with the following Preamble: WHEREAS section 5 of the Gujarat National Law University Act, 2003 provides as under: “The objects of the University shall be to advance and disseminate learning and knowledge of law and legal processes and their role in national development; to develop in the students and the research scholars a sense of responsibility to serve society in the field of law by developing skills in regard to advocacy, legal services, legislation, Parliamentary practice, law reforms and such other matters, to make law and legal processes efficient instruments of social development; and to promote interdisciplinary study of law in relation to management, technology, international co-operation and development.” AND WHEREAS the regulations of the University shall cater to the realization of the said statutory mandate; AND WHEREAS the Executive Council is empowered to make regulations consistent with the provisions of Gujarat National Law University Act, 2003 to provide for the administration and management of the University; NOW THERFORE in exercise of the powers conferred by section 46 of the Gujarat National Law University Act, 2003, the Executive Council makes the following regulations to provide for the administration and management of the Gujarat National Law University.” 11. Regulations Chapter IV 57 and 59 (do not exclude repeaters and) read as follows: Chapter IV Admission, Fee Structure, Course & Curriculum [See sections 8, 41, 42, 46 of the Act] 12 Regulation 57 Enrolment of students (1) No student shall be eligible to enrolment in the Undergraduate Programme of the University unless he has passed the Higher Secondary School Certificate Examination conducted by the Gujarat Secondary Education Board or an examination considered by the University as equivalent thereto. Students who have obtained a first degree from a UGC recognized University shall be entitled to take admission, subject to passing of the CLAT. (2) LL M.--------(3) Ph. D.-------Regulation 58 Courses (a) The University shall offer following degree courses: a. Bachelor of Arts – BA, LLB (Honours) b. Bachelor of Commerce, B.Com, LLB (Honours) c. Bachelor of Science, B.Sc, LLB (Honours) d. LL.M (Master of Laws) e. Ph.D (Doctor of Philosophy) (b) The University may award a degree of LL.D (Doctor of Laws) to a person who has made special contribution, as determined by the Academic Council, to the enhancement of knowledge and critical understanding on the existing knowledge, by way of undertaking research studies or quality publications. (c) The University may offer full-time/part-time or distant courses at post-graduate diploma and certificate level in law and related subjects in accordance with the guidelines prescribed by the Academic Council. Regulation 59 Admission & Fees (1) Undergraduate Programmes (a) Admission Criteria and Procedure for Admission criteria and procedure for Undergraduate programmes of the University shall be as follows: 13 (1) Admission to the University shall be purely on the basis of merit, mainly assessed through a Common Law Admission Test. (2) The CLAT will be conducted annually and admission at the following law universities shall be governed by the CLAT. (a) National Law School of India University, Bangalore (NLSIU) (b) NALSAR University of Law, Hyderabad (NALSAR, Hyderabad) (c) National Law Institute University, Bhopal (NLIU, Bhopal) (d) The West Bengal National University of Juridical Science, Kolkata (WBNUJS, Kolkatta) (e) National Law University, Jodhpur (NLU, Jodhpur) (f) Hidayatullah National Law University, Raipur (HNLU, Raipur) (g) Gujarat National Law University, Gandhinagar (GNLU, Gandhingar) (h) Dr. Ram Manohar Lohiya National Law University, Lucknow (i) Rajiv Gandhi National University of Law, Punjab (j) Chanakya National Law University, Patna (CNLU, Patna) (k) National University of Advanced Legal Studies, Kochi (NUALS, Kochi) The examination shall be conducted on rotation basis by the above mentioned basis based on seniority. The norms of CLAT shall be prescribed by the core committee of CLAT comprising of Director’s/Directors of all participating National Law Universities. (b) Eligibility (Note: No exclusion of repeaters) To be eligible for taking CLAT, a candidate should have passed Higher Secondary School/Intermediate Examination (10+2) or its equivalent examination with not less that 50% marks in aggregate (45% in case of SC/ST/OBC and Persons with Disability) subject to reservation at the University concerned. 14 Candidate appearing in the qualifying examination can also appear provisionally. However they shall have to produce proof of having passed the qualifying exam before or at the time of counseling with detailed mark sheet. Note: Candidates with compartment/supplementary in any subject in the qualifying examination are not eligible for admission. 12. It is clear from reading of the above Regulations that the petitioner who has passed the Higher Secondary School Certificate Examination conducted by the Gujarat Secondary Education Board or an examination considered by the University as equivalent thereto, is eligible (Reg 57 and 59 b). The note regarding compartmental/supplementary in some subjects is not applicable in the present case, because the petitioner has passed the qualifying 10 + 2 exam at one go in one examination in all subjects, at one attempt (though second). The petitioner is not refused admission on the basis of this note. The petitioner is eligible under Regulation 5759 and entitled to admission on the basis of these Regulations which are continuing on the statute book and are not repealed, amended or substituted. 13. However, the petitioner is refused admission on the basis of the “information” in the GNLU Prospectus 2012 where in stated that “Candidates passing HSC/10+2/equivalent exam by re-take/more than one attempt/special permissions are not eligible.” This is not in the regulations. It is contrary to the regulation. 15 14. Since admission of students is an academic matter under section 46 (2) (f), no regulation can be made/amended except with the prior concurrence of the Academic Council. There is no such prior concurrence of the Academic Council. 15. Even the Executive Council which has approved the inclusion of the “information” regarding eligibility in the prospectus has not amended or repealed the regulation. It continues on the statute book. 16. The regulations are consistent with the Bar Council of India Rules of Legal Education, 2008. All other 14 National Law Schools have the eligibility criteria of 10 + 2 (irrespective of number of attempts), so also GNLU Regulations. If the Executive Council of GNLU wanted to make a radical departure from the settled national criteria across the country and from all the National Law Schools and amend its own regulations, it is too serious and important a matter which cannot be done in surreptitious casual and indirect manner of simple, inconsequential inclusion of some “information” in the Prospectus. 17. First the Regulation has to be properly and duly amended/repealed/substituted by following all proper procedure in a transparent manner and categorical manner fully disclosing the rationale of departure from the national uniform and consistent policy across the country and all other 14 National Law Schools by placing the existing regulation and the proposed amendment in the regulation, so as to bring to the notice of all concerned that it is not a routine matter of including some “information” in the Prospectus 16 in accordance with regulation. These are standard and well-known procedures for amendment of statutory instruments. It cannot be bypassed surreptitiously and indirectly. The officers of the GNLU – the National Law University cannot be unaware of all these. 18. Moreover, if at all, the Regulation regarding “admissions of students” (academic matter) were desired to be amended, the Executive Council is expressly prohibited (“shall not”) from doing so without the prior concurrence of the Academic Council under section 46 (2). Undisputably there is no such prior concurrence of the Academic Council. In fact there is no amending regulation at all. 19. There is instructive converse case of Nirma University Institute of Law which also gives admissions on basis of the CLAT score. Prior to 2008 it had a regulation of eligibility of only “regular” 10 + 2 pass (and repeaters were ineligible), but after the Bar Council of India Rules of Legal Education 2008, making all (regular and others including repeaters) eligible, the Nirma University amended it regulation (deleted „regular‟ making the repeaters eligible) by following the proper transparent procedure showing comparatively the existing and proposed regulations and the explanatory rationale for the amendment, got the same passed by the proper authorities of the University, so as to bring it in line with the national uniform policy. 20. While all other 14 National Law Schools throughout the country consider that passing Std 12 with 50% and CLAT score gives a level playing field to all prospective candidates, there is no 17 case for having such “information in Prospectus” without any debate and discussion among the learned and expert members of the University Authorities. It is arbitrary, casual, discriminatory and violative of equality guaranteed under Article 14 of the Constitution. There is no application of mind. 21. That the act of GNLU, Respondent No. 1 refusing to admit the Petitioner, is illegal, arbitrary and unsustainable in law insofar as GNLU, Respondent No. 1 has imposed a restriction on admission on the basis of information contained in a brochure supplied by Respondent No. 2. The said information is inconsistent with the Gujarat National Law University Regulations, and in any case liable to be declared non est being ultra vires the GNLU Act, 2003. A perusal of the GNLU Act, 2003 makes it evident that the only manner in which GNLU, Respondent No. 1could introduce any restriction for admission in the nature of qualifications, could only be through Regulations enacted strictly in terms of the provisions thereof. The brochure published by Respondent No. 1 could not be termed as a Regulation and thus, could not be relied upon, to render the Petitioner ineligible for admission. The information contained in the brochure could not have the effect of amending the GNLU Regulations, 2009 as the prior approval of the relevant authorities including the Executive Council and the General Council had not been obtained for specifically effectuating such amendment, and the procedure laid down for amendment of the GNLU Regulations had not been complied with. The approval by the Executive Council of a mere “information” brochure could 18 not cloak the it with the binding character and legitimacy of the GNLU Regulations, especially when the said information was never discussed in the context of “amendment” of Regulations in any of the relevant Councils that are vested with the right to pass such amendments. 22. That in the facts and circumstances stated above, the Petitioner, being aggrieved and having no other alternative and efficacious remedy, is constrained to approach this Hon‟ble Court by way of the present petition, challenging the act of the Respondents in refusing to admit him to the five year B.A.,LL.B. (Hons.) degree course at GNLU, Respondent No. 1, on the following inter alia: GROUNDS a. FOR THAT, the act of GNLU, Respondent No. 1refusing to admit the Petitioner, is arbitrary and unsustainable in law. b. FOR THAT the act of GNLU, Respondent No. 1 in refusing to admit the Petitioner as per the information contained in a brochure, is illegal, arbitrary and unsustainable in law. Imposition of restrictions through a brochure is impermissible in the face of the express provisions of the GNLU Act, 2003, which permits imposition of restrictions, if any, through regulations only. The brochure in the present case could not be equated with the GNLU Regulations, 2009. 19 c. FOR THAT, the act of GNLU, Respondent No. 1 in refusing to admit the Petitioner on the basis of information contained in the brochure, is liable to be declared non est, d. FOR THAT, the information contained in the brochure could not have the effect of amending the GNLU Regulations, 2009 as the prior concurrence of the Academic Council relevant authorities, including the Executive Council and the General Council had not been obtained for effectuating such “amendment”, and the procedure laid down for amendment of the GNLU Regulations, 2009 had not been complied with. e. FOR THAT, the restriction imposed by way of the information contained in the brochure is, in any case, inconsistent with the provisions contained in the Gujarat National Law University Regulations, 2009. f. FOR THAT, without prejudice to the above, the restriction being imposed on the Petitioner is peculiar to GNLU, Respondent No. 1 only. The other universities which form a part of the CLAT consortium do not impose any such restriction. The restriction imposed is arbitrary and whimsical, insofar as it creates an unreasonable classification against the Petitioner and has no rational nexus with the object sought to be achieved – excellence in legal education, and therefore is violative of Article 14 of the Constitution of India. 20 g. FOR THAT, without prejudice to the above, the note to Regulation 59(1)(b) thereunder, insofar as it has a penal effect of denying admission to the Petitioner, has to be strictly interpreted. Regulation 59(1)(b) could not be interpreted to mean that a prospective applicant, who has repeated his I.S.C. examination, is permanently rendered ineligible for admission to the five year B.A.,LL.B. (Hons.) degree course. Such an interpretation has the effect of reading words into the provision, which is impermissible in law and runs contrary to the principle of strict construction. h. FOR THAT, without prejudice to the above, if there are two possible interpretations of the note to Regulation 59(1)(b) and one of the interpretations renders the Petitioner ineligible for admission whereas the other does not, the interpretation permitting admission of the Petitioner deserves to be favoured. i. FOR THAT, the restriction imposed by GNLU, Respondent No. 1has the effect of denying the Petitioner access to legal education and as such, directly impinges on his fundamental right to life guaranteed under Article 21 of the Constitution of India. It also creates an entry bar for every citizen who is 21 desirous of pursuing the profession of law after obtaining legal education, which is in the nature of an absolute restriction and thereby also violates the Petitioner‟s fundamental rights under Article 19(1)(g) of the Constitution of India. j. FOR THAT, the Petitioner has a very good prima facie case insofar as the restriction imposed by GNLU, Respondent No. 1is on the basis of information contained in a brochure, and is hence ultra vires the GNLU Act, 2003. Even assuming without prejudice that the restriction imposed is not ultra vires the GNLU Act, 2003, the GNLU Act, 2003 and the GNLU Regulations, 2009 enacted thereunder, insofar as they provide in respect of eligibility/qualifications for admission, are ultra vires the Constitution of India and patently suffer from lack of legislative competence. The said restriction therefore could not be imposed and enforced by GNLU, Respondent No. 2. The balance of convenience is in favour of the Petitioner insofar as if the interim relief prayed for, is not granted and the final list of students for admission to the five year B.A., LL.B. (Hons.) degree course at GNLU, Respondent No. 1is published, the present petition may be rendered infructuous. However, if the interim relief prayed for is granted, the five year B.A., LL.B. (Hons.) degree course at GNLU, Respondent No. 1 shall not be unduly interrupted or 22 adversely affected in any manner whatsoever. Irreparable harm shall be caused if the interim relief is not granted and the Petitioner is not permitted to attend classes this year, as next year the Petitioner shall be more than 20 years by age and therefore, ineligible to be admitted to the five year B.A., LL.B. (Hons.) degree course at GNLU, Respondent No. 1 in view of the maximum age for admission to the said course being 20 years, as per prevailing regulations of the Bar Council of India. k. Any other and further grounds that may be urged at the time of hearing of the petition. 23. That there is no other alternative efficacious remedy available except by way of filing the present petition under Article 226 of the Constitution of India. 24. The petitioner respectfully submits that he has a very good prima facie case, the balance of convenience is in his favor and if the interim relief as prayed for is not granted, he would suffer irreparable loss which cannot be compensated. The Petitioner is ready and willing to submit the application form along with supporting documents and also deposit the fees for the first semester of the five year B.A., LL.B. (Hons.) degree course and do all other acts as may be directed by the Hon‟ble Court, in order to balance the equities in the facts and circumstances of the present case for the purpose of grant of interim relief by this Hon‟ble Court. 23 The Petitioner seeks urgent ad-interim ex parte reliefs from this Hon‟ble Court in view of the fact that the second list of students for admission to the five year B.A., LL.B. (Hons.) degree course at GNLU, Respondent No. 1is likely to be published during the course of the day tomorrow. Copy of a communication dated 10.06.2012 published on the website of Respondent No. 3 – www.clat.ac.in, intimating that the second list of students would be published on 11.06.2012 is enclosed herewith and marked as Annexure – P/9. 25. That no other petition has been preferred before any other Court, praying for the reliefs set out herein and the Petitioner has no other alternate efficacious remedy except approaching this Hon‟ble Court by the present application, which has been made bonafide in the interest of justice. The petitioner has filed Writ Petition (Civil) No. 3208 2012. Letters Patent Appeal No. of 2012 in the Delhi High Court before the declaration of the CLAT result, regarding some anomalies in the question paper. That petition and any result in that petition would not affect this petition in any manner. Both subject matters are entirely different. PRAYERS 26. In view of the facts and circumstances stated above, it is most respectfully prayed that this Hon‟ble Court may graciously be pleased to: A. Issue an appropriate writ of mandamus, or writ in the nature of mandamus, or any other order writ or directions of like nature 24 directing the Respondents to admit the Petitioner to the five year B.A.,LL.B. (Hons.) programme at GNLU, Respondent No. 1as a regularly admitted student; and B. Pending disposal of the present petition, this Hon‟ble Court may be pleased to direct the Respondents, by way of interim order, to give provisional admission to the Petitioner under the five year B.A., LL.B. (Hons.) degree course at GNLU, Respondent No. 1, subject to such conditions as may be imposed by this Hon‟ble Court and to further direct that Petitioner be permitted to do all other acts that are necessary to pursue the said course as an admitted student; and C. And pass, such further order/orders as this Hon‟ble Court may deem fit and proper in the facts and circumstances of the case to meet the ends of justice. And for this act of kindness and justice the petitioner shall as in duty bound forever pray. PETITIONER THROUGH (MUKUL SINHA) ADVOCATE FOR THE PETITIONER PLACE : Ahmedabad DATED : 11th JUNE, 2012 25 AFFIDAVIT I, Donnie Ashok, adult aged 19 years, Petitioner herein, Resident of H63, Baishnabghata Patuli Township, Kolkata–700 094, West Bengal, do hereby solemnly affirm and state as under: 1. That I am the Petitioner in the above noted Special Civil Application and am well conversant with the facts and circumstances of the case and as such competent to swear and affirm this Affidavit. 2. That the accompanying Petition has been drafted by my counsel under my instructions, the contents of which are true to the best of my knowledge, information and belief, as verified below. The facts stated therein may be treated as a part and parcel of this affidavit and are not being repeated herein for the sake of brevity. 3. That the Annexures are true copies of the originals. 4. That the facts stated herein in paragraphs 1 to 3 are true to the best of my knowledge, and the contents of rest of the paragraphs are true to my information and belief, and nothing material has been concealed from this Hon‟ble Court while filing the present petition. Solemnly affirmed at Ahmedabad on this 11th day of June, 2012 DEPONENT 26 Annexure P/1 Memorandum of Understanding WHEREAS, the National Law School of India University, Bangalore (hereinafter referred to as the NLSIU), the National Academy of Legal Studies And Research University, Hyderabad (hereinafter referred to as NALSAR), the National Law Institute University, Bhopal (hereinafter referred to as NLIU), the National University of Juridical Sciences, Kolkata (hereinafter referred to as NUJS), the National Law University, Jodhpur (hereinafter referred to as NLU), the Hidayatullah National Law University, Raipur (hereinafter referred to as HNLU) and the Gujarat National Law University, Gandhi Nagar hereinafter referred to as GNLU) have been incorporated by the State Legislatures of Karnataka, Andhra Pradesh, Madhya Pradesh, West Bengal, Rajasthan, Chhattisgarh and Gujarat respectively; AND WHEREAS the aforesaid universities, which have been established for the purpose of teaching, extension, research, and for grant of Degrees and other awards in the discipline of Law, are commonly referred to as the National Law Universities; 27 AND FURTHER WHEREAS, the National Law Universities admit students to Five Year Integrated law programmes leading to the award of Bachelor's Degree in Law on the basis of All India entrance tests conducted by each university, thereby requiring candidates seeking admission in them to appear in multiple entrance tests: AND WHEREAS, more National Law Universities are likely to be established, which may lead to unavoidable overlap of dates of entrance tests and also require candidates to purchase several admission forms and other documents; * National Law University, Jodhpur will be governed by the MoU subject to grant of recognition under Section 12(b) of the UGC AND WHEREAS, the aforesaid seven National Law Universities, with the approval of the appropriate authority competent to so decide under the provisions of the respective Act of Legislature under which each university has been incorporated, have decided to enter into a Memorandum of Understanding for conducting a common entrance test for admission to the Five Year Integrated law Degree programme being conducted by each university, and for matters allied thereto. 28 NOW THEREFORE, this Memorandum of Understanding (Hereinafter referred to as MoU) between file aforesaid seven National Law Universities, hereinafter referred to as the participating universities, represented by their Vice Chancellors (or Directors as the case may be), whose signatures are appended hereunder, do hereby solemnly agree to the following action"- in order to support and achieve the objective of conducting a common law entrance test :- 1) The common law entrance test shall be known as the “Common Law admission Test" (CLAT), for admission to the participating universities in their Five Year Integrated programmes of study in law, known variously as B.A.;LL.B (Hons.), B.Sc.;L.L.B. (Hons.), B.Com.;LL.B (Hons.) or any other nomenclature recognized by the Bar Council of India and the University Grants Commission (UGC) as being equivalent to a Bachelors degree in law. 2) The CLAT shall be conducted every year by rotation by each of the seven National Law Universities beginning with the oldest among them. 3) CLAT 2008 which would be the test of the first year under this MoU shall be conducted by NLSIU; and in the second year by NALSAR, in the third year by NLIU, in the fourth by 29 the year by the NUJS, in the fifth year by the NLU, in the sixth year by the HNLU and in the seventh year by GNLU and so on. ** If for any reason NLSIU, Bangalore is unable to hold the test for 2008 then NALSAR, Hyderabad will hold it. 4) The University conducting the CLAT in any year shall be known as the Organizing University for that year. 5) There shall be a Committee known as the Core Committee for CLAT (CC_CLAT), for the purpose of deciding and prescribing all policies in respect of the CLAT. The CC_CLAT shall also monitor, at such intervals as may be decided by it, the implementation of its decisions. The functions of the CC_CLAT shall, without prejudice to any other matter(s) that the Committee may decide to include in its functions, the following: a. Distribution of Income and Expenditure (including transfer of funds) incurred in conducting the CLAT for the year; b. Decide the date of the CLAT; c. Format of the CLAT; d. Approve the syllabus for CLAT; 30 e. Prescribe the qualifying marks (score) for the different categories of candidates such as the Scheduled Castes, the Scheduled Tribes, the Other Socially and Educationally Backward Classes (OBCs), Candidates with disabilities, and others; f. Demarcate geographical boundaries among the participating universities for the purpose of logistics and other arrangements of CLAT; g. Approving the quantum of honoraria to be Paid for various CLAT related activities; h. Prepare a Report on behalf of the outgoing Convener for the incoming convener; i. Prescribe statistical reports on file various aspects of CLAT; j. Oversee the functioning of the committee; 6) The Vice Chancellors of the seven participating National Law Universities shall constitute file membership of the CC_CLA.T; and the Chancellor of the Organizing University shall be its Convener and shall chair its meetings. More than half the membership of Vice Chancellors, present personally, shall constitute the quorum for the meetings of the Committee, The CC-CLAT shall be competent to invite not more than two persons to each meeting of the Committee, who in its opinion may make useful 31 contribution to the transaction of its business. Provided that, the invited persons shall not have the power to vote on any decision or resolution of the Committee. 7) The CC_CLAT shall meet as many times as may be required at the venue(s) as may be decided by the Convener, and shall prescribe the rules of business, procedure and manner of conducting its own meetings, other than the quorum referred to in the clause above. 8) There shall be a committee to implement the decisions of the CC_CLAT, which shall be known as the Implementation Committee for CLAT (IC_CLAT). 9) The Convener of CC CLAT in any year shall be file Chairperson of IC_CLAT for that year, and a nominee each of the seven Vice Chancellors shall be its members. In addition, the Chairperson may nominate one person from the Organizing University to serve as a convener, who shall however not be a member of the IC-CLAT. 10) The IC_CLAT shall be competent to decide on prescribing the rules of conduct of its business and procedures for its meetings. The IC-CLAT shall meet as often as may be required to implement all aspects of conducting the CLAT. 32 11) Without prejudice to file powers of the CC_CLAT to assign to the Implementation Committee any function in respect of the CLAT, the IC_CLAT shall be responsible for the following functions. a. Preparing the agenda for the meetings of the CC_CLAT; b. Taking all steps in regard to file non confidential operations namely: i. Advertisements in regard to the CLAT in the print media and through press releases; ii. Designing, printing and publishing information brochure; iii. Selection of vendors for printing and scanning of applications; iv. Preparing agreements with banks for the sale of application forms and other documents; v. Fixing test centres in accordance with capacity and demand; vi. Liaison with participating institutions and other institutions in respect of geographical distribution of logistics related work; vii. Elimination of duplicate applications, if any; viii. Allotment of Registration Numbers and printing of admit cards; 33 ix. Preparing guidelines and instructions to be observed by candidates at the test centres; x. Preparing guidelines and instructions for representatives, presiding officers and invigilators; xi. Declaration of results of CLAT; xii. Preparing brochures for counselling, admission forms, option forms, health certificates; xiii. Offers of admission and counselling (if required); xiv. Forwarding of all relevant documents to the academic institution; xv. Evaluation once or double as the case may be; xvi. Tabulation of results and preparation of merit list in coded form; xvii. Chairperson hands over keys and office of each participating solutions/answers; 12) The pricing of file brochure/application form for CLAT shall be as may be decided by the CC_CLAT each year, taking in to consideration the fact that in any given year six of the Participating universities shall be foregoing revenues accruing to them on the sale of the respective application form. Further, at present every 34 candidate has to buy more than one application form for admission to the programmes of study in the participating universities and therefore the CLAT would result in saving on purchase of multiple application forms. In the first year, the application form for CLAT 2008 shall be priced at Rs. 2000 (two thousand only). The proceeds (revenues) from the sale of application forms and brochures shall be shared in the following manner: a. 50% of the proceeds shall be retained by the Organizing University for meeting the expenditure on conducting CLAT; b. The remaining 50% of the proceeds shall be divided equally among the participating universities. 13) Each participating university shall be entitled to an equal share from out of revenue accruing on account of the release of CLAT score to institutions and universities other than the participating universities. For CLAT 2008, a fee of Rs. 1000 (One thousand only) shall be levied. The CC_CLAT shall be competent to revise file fee for release of scorecard time to time. 14) National Law Universities, other than file participating universities, may be invited by the CC_CIAT to avail the 35 score cards of CLAT or to assist in the logistics and management of a. Release of results (score cards) on payment to nonparticipating institutions who wish to admit students to law programmes on CLAT score. b. Maintenance of accounts of income and expenditure and distribution of revenues among participating universities on the directions of the CC-CT. c. Taking all necessary steps in regard to confidential operations pertaining to CT, which may inter alia include: i. Preparing guidelines for paper setters; ii. Selection of team of paper setters from the seven participating universities; iii. Randomizing the choice of paper-setters and deciding on the time and place of simultaneous paper-setting exercise; iv. Ensuring confidentiality and secrecy in each aspect of work involved in paper-setting activity; v. Delivery of the sealed envelopes of the papers to the safe custody of the IC_CLAT; vi. Selection of the security printing press; vii. Handing over the sealed packet of set paper; 36 viii. Proof-reading arrangements, random checks, packing and transportation; ix. The chairperson shall be responsible personally for the despatch of the sealed box of the sealed questions paper and answer books to the vice chancellor or his nominee to the IC_CLAT; x. Coding of ORS sheets, Answer Books, Question Papers and finalizing instructions for coders – codes to be provided by the chairperson of the IC_CLAT and to be known only to the chairperson; xi. Freezing of solutions or answers; Test centres on such terms and conditions as may be mutually decided between each such National Law University and the CC_CLAT. Convener, CC_CLAT shall be empowered to negotiate on behalf of the participating universities with such other National Law Universities. This Memorandum of Understanding has been entered into this on this 23rd November of 2007 by each of the participating universities acting through their Vice Chancellors (Directors) whose signatures are affixed below. --(TRUE TYPED COPY) 37 Annexure P/2 COMMON LAW ADMISSION TEST-2012 COMBINED MERIT LIST OF CANDIDATES FOR UNDERGRADUATE PROGRAMMES P SR. ROLLN NO. O NAME GEN W CAT( CAT DOMI MAR RA DOB DER D V) (H)* CILE KS SECU RED KARTIKE 40 118014 YA 30/10 N BC BIHA 4 R 40 133 9 NK 9 41768 PRASAD /1993 M AKSHAY 41 115013 SANJIV 29/12 0 81027 AURORA /1994 M GEN OTH 41 N ERAL 4 ERS 133 0 SWARAJ 41 102011 SINGH 17/11 1 21399 NARULA /1992 M GEN 41 N ERAL 4 M.P. 133 1 38 SWARAT 41 101011 HMIKA 24/10 2 01172 KUMAR /1993 F GEN OTH 41 N ERAL 4 ERS 133 2 ABHINE 41 118014 ET 30/01 GEN OTH 41 3 41020 SHARAN /1994 M N ERAL 4 ERS 133 3 JYOTHI RATNA 41 101011 ANUMOL 29/05 4 01417 U /1994 F GEN OTH 41 N ERAL 4 ERS 133 4 41 118024 ANVITA 14/04 5 42052 MISHRA /1993 F GEN BIHA 41 133 5 N ERAL 4 R 41 114023 GAURAV 15/07 6 62604 SINGH /1993 M GEN N ERAL 4 41 133 6 VIBHU PRAKAS 41 101011 H 11/10 GEN OTH 41 7 01255 KHANNA /1993 M N ERAL 4 ERS 133 7 41 102011 SHIVANI 16/11 F N GEN 4 M.P. 133 41 39 8 21196 PANDEY /1993 ERAL 8 41 103011 KRITI 9 41808 01/12 GEN N ERAL 4 41 133 9 TUTEJA /1993 F SHANTA 42 116024 0 02098 NU 20/12 GEN OTH 42 KUMAR /1993 M N ERAL 4 ERS 133 0 GUNIT SINGH 42 113043 MARWA 01/02 1 41998 H /1994 M GEN OTH 42 N ERAL 4 ERS 133 1 SUGAND HA 42 116024 ROHATG 04/02 2 01409 I /1994 F GEN OTH 42 ERAL 4 ERS 133 2 PRANAV 42 119014 KHANDE 04/02 3 61428 LWAL /1994 M GEN N ERAL 4 C.G. 42 133 3 42 115013 AKASH 01/06 4 81607 SANTOS /1994 M GEN OTH 42 N ERAL 4 ERS 133 4 40 H KARMAR KAR HARSHI TA 42 116014 CHOUBE 18/07 5 01273 Y /1994 2 GEN OTH 42 N ERAL 4 ERS 133 5 P KARTHI 42 116034 K 24/09 GEN OTH 42 6 02795 SUNDAR /1994 M N ERAL 4 ERS 133 6 OSHO 42 115013 DONNIE 10/08 7 81536 ASHOK /1992 M GEN OTH 42 N ERAL 4 ERS 133 7 NARJEET 42 116024 NARWA 17/01 8 02144 L /1993 1 GEN OTH 42 N ERAL 4 ERS 133 8 42 101011 SUPRITH 19/03 9 01729 AS /1993 F GEN OTH 42 N ERAL 4 ERS 133 9 41 DHRUV 43 116064 MALHOT 19/01 0 03916 RA /1994 M GEN OTH 43 N ERAL 4 ERS 133 0 43 116084 1 05816 RIJUL 01/03 GEN OTH 43 RAJESH /1994 M N ERAL 4 ERS 133 1 43 116034 DAKSHA 12/03 2 02302 VERMA /1994 F GEN OTH 43 N ERAL 4 ERS 133 2 1-Dependent of Freedom Fighter, 2-Son/Daughter of Defence/Personnel deployed in UP or Defence Personnel of UP either retired or killed/disabled in action, 3-Ancestral Resident of Village Sidhuwal, District Patiala, 4-None PAGE :18 Of 996 42 P GEN W DER D DO CAT( MIC MAR CAT(V) H)* ILE KS SECU RED GENERA OTH L 4 ERS 133 GENERA OTH L 4 ERS 133 GENERA L 4 133 GENERA OTH L 4 ERS 133 GENERA L 4 133 GENERA OTH L 4 ERS 133 GENERA OTH L 4 ERS 133 GENERA OTH L 4 ERS 133 GENERA OTH L 4 ERS 133 GENERA OTH L 4 ERS 133 GENERA OTH L 4 ERS 133 GENERA OTH L 4 ERS 133 GENERA OTH L 4 ERS 133 GENERA OTH L 4 ERS 133 GENERA OTH L 4 ERS 133 GENERA OTH L 4 ERS 133 GENERA OTH L 4 ERS 133 GENERA L 4 U.P. 133 GENERA L 4 133 GENERA OTH L 4 ERS 133 GENERA L 4 U.P. 133 GENERA L GENERA L GENERA L OTH ERS OTH ERS OTH ERS SR. NO. ROLLNO NAME DOB RANK SEL CAT 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 10101101172 11801441020 11402362604 10101101255 10301141808 11602402098 11304341998 11602401409 11501381607 11601401273 11603402795 11501381536 11602402144 10101101729 11606403916 11608405816 11603402302 11604402976 11501381208 11603402595 10901261525 SWARATHMIKA KUMAR ABHINEET SHARAN 70 11401361881 71 72 10401161195 10901261511 24/10/ 1993 30/01/ 1994 15/07/ GAURAV SINGH 1993 VIBHU PRAKASH 11/10/ KHANNA 1993 01/12/ KRITI TUTEJA 1993 SHANTANU 20/12/ KUMAR 1993 GUNIT SINGH 01/02/ MARWAH 1994 SUGANDHA 04/02/ ROHATGI 1994 AKASH SANTOSH 01/06/ KARMARKAR 1994 HARSHITA 18/07/ CHOUBEY 1994 P KARTHIK 24/09/ SUNDAR 1994 OSHO DONNIE 10/08/ ASHOK 1992 NARJEET 17/01/ NARWAL 1993 19/03/ SUPRITHA S 1993 DHRUV 19/01/ MALHOTRA 1994 01/03/ RIJUL RAJESH 1994 12/03/ DAKSHA VERMA 1994 03/04/ MITALI DARYANI 1994 SIDDHANT 05/05/ SANDEEP SATTUR 1994 ABHAY 08/12/ UPADHYAY 1992 29/07/ SHWETA SINGH 1993 SHIVANI SANDEEP 15/08/ SALUNKE 1994 CHETHANA VENKATARAGHA 18/08/ VAN 1994 NAMAN 07/12/ MAHESHWARI 1994 F N M N M N M N F N M N M N F M N 2 N M N M N 1 N F N M N M N F N F N M N M N F N 412 413 416 417 419 420 421 422 424 425 426 427 428 429 430 431 432 433 434 437 439 GE N GE N GE N GE N GE N GE N GE N GE N GE N GE N GE N GE N GE N GE N GE N GE N GE N GE N GE N GE N GE N GE N GE N GE N F N 4 133 440 F N M N 4 4 133 133 441 442 43 Annexure P/3 Gujarat National Law University, Gandhinagar A Research-Based Teaching University "GNLU has a unique and innovative model of legal education in the country ...GNLU has created a unique learning environment for the students to achieve their professional objectives. Research and training coupled with solid grounding in theory prepares them for various segments of employment - be it judiciary, academic or legal profession...to produce professionals who are technically sound, professionally competent and socially relevant.., an extensive mid-term plan... with clear goals and objectives. ... more financial aid would go a long way in making this as a model university in terms of access, equity, quality and relevance." (Excerpts from the UGC Report 2011) Gujarat National Law University (GNLU), Gandhinagar, established under the Gujarat National Law University Act, 2003, recognized by the BC and the UGC, aims for excellence in terms of training, research, education and extension (TREE). Intellectual, Scholarly and Academic Environment Only National Law University to offer integrated law degree in five areas - BA, LLB (Hon.), BCom, LLB (Hon.), BBA, LLB (Hon.), BSc, LLB (Hon.), BSW, LLB (Hon.), two years LL.M. and Ph. D. in laws and inter-disciplinary fields as well as diploma/certificate 44 courses in various areas. GNLU Star Honor for students with distinct additional achievements; As the Nodal Agency, empowered to enhance the standards of legal education, research, training and extension for 32 law colleges in Gujarat. Holistic approach to education, research and training to make Integrated Legal Advisors/ Legal Counsels, to cater to the needs of the judiciary, government, law firms, corporate, PSUs, trade Et g2.2 commercial and NG0s. houses, academia, Centres of Excellence in niche areas of economy Centre for Distance Education, Centre for Private International Law, Centre for Public International Law, Centre for Sports Law, Centre for Food Security a Agro-Economy, Centre for Foreign Policy Et Security Studies, Centre for Environmental Law Et Climate Change, Centre for Corporate Law, Banking Et Investment for specialized knowledge and professional excellence. 41 motivated, dynamic, qualified and caring teaching staff drawn from all parts of India. A Unique Academic Support Programme (ASP), special tutoring program, round-the- year for students needing special attention and wish to achieve high dreams Regular mentoring and counseling by faculty members for professional excellence and personal development. 45 Full-time Placement Coordinator and Committee on Recruitment Affairs to coordinate Placements, Internships and Scholarships. Well-developed mid-term plan with clear goals Et objectives and indicators of achievement Plans for International Study Trips for limited number of 8th Semester students to foreign law firms, MNCs, government establishments, universities, international organizations, NG0s, chambers of commerce, upon payment of additional charges Publications GNLU Law Review (GLR), GNLU Journal on Law, Development and Politics (GJLDP) - integrated research journal Developing World Review on World Trade and Competition(DWRTC) - journal focussing on trade and competition, circulated by the World Trade Organisation, Geneva Cutting-edge-research publications by faculty and students Collaboration with Foreign and National Institutions MoUs or active academic/research partnership and collaboration at international, national and state levels with the University of Mauritius, Mauritius, University of Malaya, Malaysia, CUTS Institute of Regulation and Competition, New Delhi (National), Haifa University, Haifa, Israel, Hebrew University of Jerusalem, Israel, 46 University of Barcelona, IDSE, Institute Barcelona, Spain, United National Institute for Training and Research (UNITAR), Geneva, Switzerland, World Trade Institute (WTI), Bern, Switzerland, University of Rome, La Sapienza, Rome, Italy, University of Copenhagen, Faculty of Law, Copenhagen, Denmark, The Hague University of Applied Sciences, The Hague, the Netherlands and arrangements are under way for collaborative relationships with 37 nations across the globe; Gujarat Forensic Science University, Pandit Deendayal Petroleum University, Raksha Shakti University, Adani Institute of Infrastructure Management, Nirma University, etc. Regular optional paper on Foreign Legal and Judicial Systems taught by visiting foreign professors Mandatory Foreign Languages Training, Distinguished Ambassador Lecture Series, etc. Public-Private Partnership Active, enriching and dynamic partnership with public institutions and departments in law creation, execution and dissemination such as assistance in drafting and reviewing of bills for various government departments, assistingcorporate and other sectors in providing legal research and advise; organizing regular training programmes like Media and Law Training, Mediation Training, Legislative Drafting Training, Bar Council of Gujarat Advocates Academy Training, Training for Police Personnel etc. GNLU Case Monitoring System Project (Learning 47 through Assistance): First-hand experience in assisting various levels of judiciary from the district level to the Supreme Court of India, PSUs, as part of internship/traineeship. Scholarships, Financial Assistance and Awards GNLU Scholarships for national and international Moots GNLU Scholarships for Conferences, Workshops, Seminars GNLU Scholarships for Best Research Papers GNLU Scholarships for Research Assistance GNLU Scholarships for International Internships (UN, Missions of India abroad) and Student Exchange 22 gold medals for academic and extra-curricular achievements in various subjects Facilitation of boarding/lodging and similar kinds of assistance for participation in national/international events. Mooting GNLU International Moot Court Competition has set a benchmark of its own in the whole nation as appreciated by teams and partners across the world. It is one of the biggest legal events in the Indian Subcontinent and 4th Edition of GIMC will be organized from 8-12 February 2012 in collaboration with the World Trade Institute (Berne, Switzerland). Participation in nearly 40 national and international moot competition every year and many more 48 events. Faculty and senior students assist moot teams to bring laurels to the GNLU and the nation, along with the financial support. Performance Management Appraisal System (PMAS) Professional human resources and financial management culture with the Performance Management Appraisal System and Result-Based Budgeting to maintain high professional standards. Feedback by students, faculty members and all staff members at large enable the faculty to achieve high standards of competence, integrity, efficiency and vision. Encouragement and assistance for participating in various training programmes at national and international level for all employees. Best Faculty, Best Staff, Best House Keeper Awards and Goodness Award. Capacity Building of Law Colleges of the State As nodal agency, works to achieve high standards of legal education, research, training and extension for all 32 law colleges of Gujarat and maintains intellectually, socially and culturally rich relationships with principals, faculty members and students; plans to organise state level moot for all law colleges, responsible to publish Gujarat Law Review - a scholarly research journal, common admission test for entrance into LLB courses in these colleges, etc. 49 Internship and Placement A focused, coordinated and concerted approach to internship and placement with long term career development in mind. Commitment to facilitate students with optimum internships and for placements. internships The and students placements get with opportunities international and national law firms, national and state PSUs, Supreme Court of India, State High Courts, Union and State government departments, LP0s, banks, corporate houses as well as NG0s. Career advice and counseling; soft-skill workshops; special tutorials by senior students/alumni to enhance the students' skill sets. GNLU encourages its graduates to work hard with sincere commitment and dedication. Curricular and Extra-Curricular Activities Mandatory foreign language courses - Arabic, Chinese, French, Russian, Spanish, German, Japanese, Swahili a Sanskrit. Round-the-year extracurricular activities such as debates, quizzes, and cultural activities, dandiya-garba etc. Organization of sports meet and representation in various adventure and sports competitions. Monthly In-House Faculty Seminars for faculty 50 members and Debate on Leading Judgments by students. Directors Friday Open Hours Et bi-weekly dinner with students, monthly visits of students by faculty Et staff, mid-term parents meet, semester-beginning Et semester- end meeting of individual batches with the Director, Registrar, Dean Et all subject teachers. Library Library acquisition exceeds more than 42,000 books; with some rare and priceless collections of international and foreign laws. Additions of new titles every month - plans to create first GNLU National Law Museum. Annual Library budget - Rs. 50 lakh. Access to Online Law Resources: National Knowledge Network, Westlaw, Manupatra, Hein Online, JSTOR, World Bank E Library, as well the library of the Gujarat High Court. Access to digital library of the Peace Palace, the Hague, the largest collection of international law in the world. Infrastructure Gandhinagar - safety, security, green and soothing environment campus in the Knowledge Corridor of Gujarat State-of-art modern and classic new campus spread in 51 acres of land. 51 A residential university with academic blocks Et halls of residence with wi-fi facility, sports stadium, gym facilities All rooms - with attached bathroom-toilet. Non-smoking, non-alcohol environment and observance of high standards of manners, ethics and values. Excellent connection of means of transportation, High Court and other offices - Airport - 15 min, High Court, 20 min, Legislative Assembly, Sachivalaya (Government of Gujarat Secretariat) a PSUs - 15 minutes. Under Graduate Programme [FIVE YEARS BA/BCom/BBA/BSc/BSW LL.B. (Hons.)] Eligibility for Admission for UG Programme Successful clearance of HSC/Intermediate Examination (10+2 or its equivalent examination with not less than 50% marks in aggregate (45% in case of SC/ST and Persons with Disability Course Structure for UG Programme Semester I B.A. 5. B.Com. Principles of Economics 5. Business Organization Et Management 6. Principles of Political 6. Corporate 52 Accounting Science B.B.A. 5. B.Sc. Principles Et Practice of 5. 'Advanced Sciences - I Management 6. Corporate Accounting Sciences - II B.S.W. 6. 'Advanced 5. Social Work Profession: Theory and Practices Sociology for Social work in India 6. Semester II Law of Contracts-I (General Principles and Specific Reliefs) Legal Language Et Legal English Legal History Sociology Semester III 1. Constitutional Law-I (Article 1 to 51-A) Legal Theory Crimes-I (IPC Et elements of Cr PC ) Law of Contracts-II (Specific 2. 3. 4. Contracts, Partnership and Sale of Goods) 5. Law of Civil Procedure-I BA. B.Com. Indian Political System: 6. Advance 6. Accounting Issues Et Issues Et Challenges B.B.A. B.Sc. 53 6. Quantitative Techniques 6. Communication Tech Et Pharma Science - II B.S.W. 6. Human Growth and Development Semester IV 1. Constitutional Law- II (Constitutional Bodies) Interpretation of Statutes Law of Criminal Procedure-II (Including Probation of Offenders Et Juvenile Justice) 2. 3. 4. Law of Civil Procedure-II (Limitation Et Registration Act, Drafting , Pleading Et Conveyancing) 5. Administrative Law B.A. B.Com. Money, Banking Et 6. Corporate Tax Planning Public Finance B.B.A. B.Sc. 6. Environmental Science 6. 6. Marketing Management B.S.W. 6. Social Policy and Planning Semester V 1. Family Law I Corporate Law I (Companies Act) 2. 54 3. Banking Law and Negotiable Instruments Alternative Dispute Resolution Constitutional Law III (Centre State Relations, Emergency Et Amendments) B.A. B.Com. Development 6. Financial B.Sc. Management 4. 5. 6. Environmental Economics B.B.A. 6. Financial Management B.S.W. 6. Bio - Technology 6. Gandhian Approach to Welfare and Development Semester VI 1. Family Law II2. Public International Law 3. Law of Evidence Corporate Law II Mergers Et Acquisitions, SEBI, SCRA, aspects of FEMA) 4. 5. Transfer of Property and Easement B. A. B.Com. International Relations Et 6. Corporate Auditing Et 6. Organizations B.B.A. reporting B.Sc. 6. Business Policy Et Strategic 6. Forensic Science Management/ Entrepreneurship 55 Annexure P/4 On Sun, Jun 3, 2012 at 10:09 PM, Donnie Lawyer<
[email protected]> wrote: Dear Sir, I am a law aspirant from Kolkata. I am writing this letter to explain my situation to you, with the hope that you will be able to understand my circumstances and extend a helping hand. I secured All India Rank 427 in the CLAT, which affords me the opportunity to secure admission in GNLU under the General Category. Unfortunately, I was not able to clear my Class XII exam in my first attempt (in 2011) owing to special circumstances, and have cleared it this year. I have received no economic support from my parents from the time I passed my Class X examination in 2008, and my schooling has been very erratic since then. I have undertaken various types of errands to earn a living, but the money I earned was a pittance compared to my school fees. I could not fund my education, and could not be admitted to Class XI. Fortunately, I received some financial support from my sister 56 next year (in 2009), and was admitted to Class XI. I passed my Class XI examinations in the first attempt. However, my sister could not continue to provide financial support, and as I had no money to pay the school fees, I could not be admitted to Class XII (which was due in March 2010). After six months, by turn of fate, I heard about the Increasing Diversity to Increase Access (IDIA) which was started by Prof. Shamnad Basheer. I scored first rank in the IDIA Entrance and was admitted into the programme. IDIA paid for my school fees in December 2011, after which I was admitted to Class XII. I was really grateful to have received the opportunity to attempt Class XII. I decided to give the exams my best shot, although I had not attended any classes and had less than 70 days to prepare. Owing to my late rejoining of Class 12 and the sheer paucity of time, I could not clear the exam, despite my best attempt. IDIA continued to fund my education in 2012, and I decided to study hard and focus on my Class XII and CLAT. I was confident that I could do better this time and do well in CLAT. I was happy to clear my Board exams this year, and fortunately, I secured All 57 India Rank 427 in the CLAT. Please note that my inability to clear Class XII examination in the first attempt was due to lack of financial support and uncertainty of receiving school education and having missed so many classes before I was again enrolled after IDIA paid my fees. I was very disturbed about not being admitted to a school, and continued to take minor jobs to make a living. Despite not having attended classes, I was glad to have an opportunity to sit for Class XII exams and gave it my best attempt, but unfortunately I could not clear it the first time. However, my life has changed for the better since IDIA has supported me, and I have worked very hard last year. I am happy to have a score which enables me to secure admission to GNLU, and I urge you to please consider my request and relax the rule owing to my special and unavoidable circumstances, which were beyond my control. I shall be forever grateful to you for allowing me admission to your university. Sincerely, Osho Donnie Ashok 58 Annexure P/5 From: Bimal N. Patel (GNLU) <
[email protected]> Date: Mon, Jun 4, 2012 at 1:28 PM Subject: Re: A request from a law aspirant To: Donnie Lawyer <
[email protected]> Cc: shamnad basheer <
[email protected]>, Dharmesh Patel <
[email protected]>, "Ms. Dolly Jabbal" <
[email protected]> Thank you Donnie. We will examine and revert back to you. Kind regards, Director On Sun, Jun 3, 2012 at 10:09 PM, Donnie Lawyer<
[email protected]> wrote: Dear Sir, I am a law aspirant from Kolkata. I am writing this letter to explain my situation to you, with the hope that you will be able to understand my circumstances and extend a helping hand. I secured All India Rank 427 in the CLAT, which affords me the opportunity to secure admission in GNLU under the General Category. Unfortunately, I was not able to clear my Class XII exam in my first attempt (in 2011) owing to special circumstances, and 59 have cleared it this year. I have received no economic support from my parents from the time I passed my Class X examination in 2008, and my schooling has been very erratic since then. I have undertaken various types of errands to earn a living, but the money I earned was a pittance compared to my school fees. I could not fund my education, and could not be admitted to Class XI. Fortunately, I received some financial support from my sister next year (in 2009), and was admitted to Class XI. I passed my Class XI examinations in the first attempt. However, my sister could not continue to provide financial support, and as I had no money to pay the school fees, I could not be admitted to Class XII (which was due in March 2010). After six months, by turn of fate, I heard about the Increasing Diversity to Increase Access (IDIA) which was started by Prof. Shamnad Basheer. I scored first rank in the IDIA Entrance and was admitted into the programme. IDIA paid for my school fees in December 2011, after which I was admitted to Class XII. I was really grateful to have received the opportunity to attempt 60 Class XII. I decided to give the exams my best shot, although I had not attended any classes and had less than 70 days to prepare. Owing to my late rejoining of Class 12 and the sheer paucity of time, I could not clear the exam, despite my best attempt. IDIA continued to fund my education in 2012, and I decided to study hard and focus on my Class XII and CLAT. I was confident that I could do better this time and do well in CLAT. I was happy to clear my Board exams this year, and fortunately, I secured All India Rank 427 in the CLAT. Please note that my inability to clear Class XII examination in the first attempt was due to lack of financial support and uncertainty of receiving school education and having missed so many classes before I was again enrolled after IDIA paid my fees. I was very disturbed about not being admitted to a school, and continued to take minor jobs to make a living. Despite not having attended classes, I was glad to have an opportunity to sit for Class XII exams and gave it my best attempt, but unfortunately I could not clear it the first time. However, my life has changed for the better since IDIA has supported me, and I have worked very hard last year. I am happy 61 to have a score which enables me to secure admission to GNLU, and I urge you to please consider my request and relax the rule owing to my special and unavoidable circumstances, which were beyond my control. I shall be forever grateful to you for allowing me admission to your university. Sincerely, Osho Donnie Ashok -************************************** Prof Director Gujarat National Law University (Dr) Bimal N. Patel Attalika Avenue, Knowledge Corridor, Koba-Gandhinagar INDIA Email:
[email protected] Website: www.gnlu.ac.in 382 007 (Gujarat) 62 Annexure P/6 (Colly) From: Shamnad <
[email protected]> Subject: Re: Urgent Donnie's case Date: 8 June 2012 9:53:50 PM GMT+05:30 To: Dharmesh Patel <
[email protected]> Cc: "Bimal N. Patel" <
[email protected]>, "Ms. vikrant bitadru "Mr. Thomas Donnie Dolly Lawyer Jabbal" pachnanda sarkar Mathew" <
[email protected]>, <
[email protected]>, <
[email protected]>, <
[email protected]>, <
[email protected]>,
[email protected] Dear Prof Patel and Ms Jabbal: Pursuant to my below email to you, I want to thank Mr Dharmesh Patel for sending us the copy of the AC, EC and GC resolutions on the issue. We have studied the same and it is very clear that the EC and GC merely approved the "information" brochure without in any way explicitly amending the regulations. As you can appreciate, if you seek to amend a regulation, then it must be stated so explicitly in 63 the agenda to the EC and other bodies that are to approve these amendments under the GNLU statute. May I please quote the extract of the EC resolution (20th EC meeting on 16th December 2011) on this count: "Additional Agenda 7: LL. M. intake revision and information for CLAT 2012 prospectus The Council approved the fee revision and information for CLAT 2012 prospectus." A mere informational brochure approved as an "informational" brochure cannot be tantamount to an amendment to a Regulation, which as you can appreciate is at a much higher legal pedestal than a mere brochure. Put another way, the Council merely approved the information for the prospectus without seeking to amend any regulation. If an amendment to the regulation is sought, that must be expressly stated so in the agenda and the EC must clearly reflect and then approve or disprove that particular amendment. This is made more than amply clear by the fact that a related GC meeting (VIII meeting in January 2012) sought to discuss amendments to the "regulations" very explicitly. I draw your attention to: 64 "The VII meeting of the General Council resolved that one third of the members of the General Council shall form the quorum at any meeting of the General Council and therefore necessary amendment should be proposed to the Executive Council for the amendment in the GNLU Regulation." In other words, where an amendment is sought, it is very explicitly mentioned in the minutes/agenda of these meetings. To summarise, the situation is as below: The GNLU Regulation 59 (as available at: http://gnlu.ac.in/GNLU_Regulations.pdf) mentions that: “Candidates with compartment/supplementary in any subject in the qualifying examination are not eligible for admission.” The GNLU brochure however (as available at <http://clat.ac.in/uni_pdf/GNLU%20Gandhinagar.pdf> on page 39) adds a new eligibility condition altogether by stipulating that: “Candidates passing HSc/10+2/equivalent exam by re- take/more than one attempt/special permissions are not eligible.” 65 As we have repeatedly argued, a mere brochure cannot override a Regulation. The EC resolution approving the contents of the brochure, cannot by any stretch of imagination amount to a specific amendment of the Regulations in the eyes of the law. I also attach a legal opinion which we've procured on the issue which clearly demonstrates that under existing GNLU regulations, Donnie is well entitled to take admission. Donnie's case has now been taken up by several well wishers across the country who wish to take this matter to court. However, owing to my existing relationship with GNLU and in particular the respect I have for Prof Bimal Patel and you, I am not in favour of litigating this, unless we see no fair end in sight. Could you please come back with your decision on this by tomorrow morning (preferably by 10 am)---since if we have to litigate this, we must file our writ by tomorrow late morning (by around 11 am), so as to secure some order before the process for the second list begins. Donnie has gone through very trying circumstances and I believe this misinterpretation of the rule causes grave injustice to a very deserving candidate who braved very challenging odds to get to where he is. 66 You have been very supportive of the IDIA project (and our IDIA .scholars) and I do hope that you will interpret your rules in a manner that appropriately fosters the ends of fairness and justice. Till then, I remain, Most sincerely yours, Shamnad Basheer Shamnad Basheer Ministry of HRD Professor in IP Law National University of Juridical Sciences Salt Lake, Sector III, 12 LB Block Kolkata - 700098, India Founder: IDIA <http://www.idialaw.com> Founder: SpicyIP <http://www.spicyip.com> 67 Founder: P-PIL <www.p-pil.com> NUJS profile page : <http://www.nujs.edu/faculty/shamnadbasheer.html> SSRN Author page: <http://ssrn.com/author=339749> Tel No: +91 9831512975 "Independence can only come from realising our inherent interdependence” On Fri, Jun 8, 2012 at 6:58 AM, Shamnad<
[email protected]> wrote: Dear Prof Patel, We had brought to your kind attention the case of Mr. Donnie Ashok a candidate seeking admission to GNLU. You had mentioned to me that he is ineligible to take admission despite 68 him having been allotted GNLU under the CLAT list on account of his having cleared class 12 only on the second attempt. I fully understand that as the head of a premier university you are bound by the rules and regulations governing the university and you rightly find it difficult to deviate from them. I also appreciate that the university cannot offer admission to a student who does not possess the minimum criteria applicable under the rules and regulations. However, we are not requesting you for a deviation from the rules or any special concession for Donnie. We are simply bringing to your attention that the GNLU rules themselves fully entitles Donnie to admission at GNLU. We have also sought the opinion of several lawyers on this count, all of whom agree that Donnie is fully entitled to admission at GNLU under the present rules. Section 41 of the GNLU Act states: "No student shall be enrolled as a student of the University, unless he possesses as may such be qualifications prescribed by the regulations." 69 The GNLU Regulations state the following in relation to eligibility of a student for admission: 57: (1) No student shall be eligible to enrolment in the Undergraduate Programme of the University unless he has passed the Higher Secondary School Certificate Examination conducted by the Gujarat Secondary Education Board or an examination considered by the University as equivalent thereto. Students who have obtained a first degree from a UGC shall recognized be entitled University to take admission, subject to passing of the CLAT. 59: (1) Undergraduate Programmes: (a) Admission Criteria and Procedure 70 Admission criteria and procedure for Undergraduate programmes of the University shall be as follows: (1) Admission to the University shall be purely on the basis of merit, mainly assessed through a Common Law Admission Test. (2) ... (b) Eligibility To be eligible for taking CLAT, a candidate should have passed Higher Secondary School/Intermediate Examination (10+2) or its equivalent examination with not less that 50% marks in aggregate (45% in case of SC/ST/OBC and Persons with Disability) subject to reservation at the University 71 concerned. Candidate appearing in the qualifying examination can also appear provisionally. However they shall have to produce proof of having passed the qualifying exam before or at the time of counseling with detailed mark sheet. Note: Candidates with compartment/supplementary in any subject in the qualifying examination are not eligible for admission. ... Explanation: The Director shall have the discretion to review the above Admission Criteria and Procedure, including the intake capacity, and sufficiency of the number of students for the running of each of the three degree undergraduate courses. 72 From the above regulations, I understand that for a student to be eligible to be admitted to GNLU, in addition to having secured the adequate rank in CLAT, he or she must have secured a minimum of 50% of marks in Class 12 examination. I also understand that a “candidate withcompartment/supplementary in any subject” is ineligible for admission. As demonstrated by the records, Donnie has secured more than 50% in his class 12 examinations. He is not a candidate “with compartment/supplementary” as he has presently cleared all his papers. My understanding of the proviso is that it applies to a candidate who has received 50% or more of marks in the qualifying exam, but has failed in one or more subjects and is yet to clear those subjects through the ‘compartment/supplementary’ route. Donnie is not covered by this proviso. He failed his class 12 in the first attempt. He repeated class 12. And he cleared all the papers. At present he has cleared ALL his papers and he is not ‘with a compartment or supplementary’. In addition, he never had a supplementary or compartmental as he repeated the entire year, not specific papers. 73 Thus, under the Regulations, there is nothing rendering Donnie ineligible for admission. As per the GNLU Act, the criteria for admission are those prescribed under the Regulations. Further, Section 46 of the Act makes it clear that even the Executive Council of the university can amend the regulations relating to admission criteria only with approval of the Academic Council. Moreover, any Regulations under the Act are to be laid before the Hon’ble Chief Justice of India for his approval. Therefore, the university is not at liberty to impose additional requirements like that a student must have passed class 12 in a single attempt without a suitable amendment in the Regulations by the Executive Council and its due approval by the Academic Council and the CJI. Given the above, we see no reason under the applicable rules and regulations for Donnie to be disqualified. Therefore, we request you to kindly revisit your decision in the matter. We also request your humane consideration in this matter as the circumstances surrounding Donnie’s failing class 12 have been unique. He was expelled from his school in class 11 because his family could not afford the fees. I came across him during the year when he should have been in class 12. IDIA paid the arrears of his school fees and he rejoined the school. By then, it was already November and he was far behind other schools. Also, he 74 had chosen a school shaped out of an old garage with no proper teachers for many of his subjects as his finances would not permit anything better. With no teachers in the school and just half an academic year left ahead of him, he was not in a position to pass the board exams. Clearing CLAT from such an environment certainly takes superhuman effort and will power which needs to be encouraged by us, educators. Given these traits, I am sure he will be an asset to your institution. Given all the above, I hope you will revisit Donnie’s case and come out with a favourable decision in accordance with the applicable rules and regulations. You have been very supportive of the IDIA movement which seeks to enhance access to premier legal education in favor of underprivileged students. We had 11 of our IDIA scholars who were successful with CLAT this time and allotted seats at the premier law schools. We are not asking for any special concession for any of them: but merely that the rules be applied fairly to them. We will continue to look forward to your continued encouragement and support. I am also copying in two of your ex-students, Vikrant Pachnanda and Bitadru Sarkar on this email, with the request that they also take up the matter with you, so that it can be resolved quickly. 75 Thanking you, Yours sincerely, Shamnad Basheer. Shamnad Basheer Ministry of HRD Professor in IP Law National University of Juridical Sciences Salt Lake, Sector III, 12 LB Block Kolkata - 700098, India Founder: IDIA <http://www.idialaw.com> Founder: SpicyIP <http://www.spicyip.com> Founder: P-PIL <www.p-pil.com> NUJS profile page : <http://www.nujs.edu/faculty/shamnadbasheer.html> SSRN Author page: <http://ssrn.com/author=339749> Tel No: +91 9831512975 76 Annexure P/7 (Colly) GUJARAT NATIONAL LAW UNIVERSITY Old NIFT Building, E-4 GIDC, Electronics Estate, Gandhinagar-382028, Phones: 0792387157/2387158, Fax: 079-23287156, http://www.gnlu.org.in Twentieth Meeting of the GNLU Executive Council held at the Office of the Addl. Chief Secretary, Finance Dept., Govt. of Gujarat on Friday, 16 December 2011 at 1100 hrs MINUTES OF THE MEETING Twentieth meeting of the Executive Council (hereinafter “the Council”) was held on Friday, 16 December 2011 at 1100 hrs at the office of the Additional Chief Secretary, Finance Department, Government of Gujarat. 77 Agenda item no. 1: The Council adopted the agenda and verified the quorum. The following members were present. Participants: 1. GNLU 2. Mr. M. M. Srivastava, Additional Chief Mr. Bimal Patel (Presiding Officer), Director, Secretary, Finance Department, Govt. of Gujarat 3. Dr. Hasmukh Adhia, Principal Secretary, Education Department, Govt. of Gujarat 4. Mr. O. L. Pandey, Secretary & RLA, Legal Department, Govt. of Gujarat 5. Dr. Dolly Jabbal, Associate Professor of Law & Registrar (I/C), GNLU 6. Dr. Ranita Nagar, Associate Professor of Economics, GNLU 7. Law, GNLU Dr. K. Parameswaran, Associate Professor of Special Invitees:- 78 1. Dr. Udayakumara Ramkrishna B.N, Dean & Assistant Professor of Law, GNLU Following members expressed their inability to attend the meeting because of their prior commitments 1. High Court 2. of Gujarat 3. Gujarat 4. 5. Hon’ble Mr. Justice A. L. Dave, Judge, Gujarat Mr. Kamal Trivedi, Advocate General, State Mr. A. K. Joti, Chief Secretary, Govt. of Mr. Samir Barua, Director, IIM, Ahmedabad Dr. Shobhalata V. Udapudi, Associate Professor of Law, GNLU 6. Law, GNLU Dr. Mamta Biswal, Associate Professor of Rapporteur: Mr. Dharmesh Patel, Planning and 79 Coordination Officer, GNLU Agenda item no. 2: Minutes of the 19th Meeting (II Session) held on 4 October 2011 The Council approved the minutes of the 19th meeting (II Session) of the Council held on Tuesday, 4 October 2011 at the Chief Justice Lounge, High Court of Gujarat with the following modification; Additional Agenda No. 3: Reimbursement Claim of Prof. Bimal N. Patel, Director for the mediclaim expenses under GNLU Regulation 55. The Council approved the post medicine expenses of Rs. 4,000/- per month up to period of one year on the basis of submission of the actual bills. Agenda item no. 3: Report of the University 80 The Council noted the report and appreciated the progress of the University. The Council resolved to recommend the High Court of Gujarat to allow GNLU final year students to appear in the Civil Judge Examination. Agenda item no. 4: Appointment & Separation The Council discussed and approved the following appointments and separation of Site Engineer (Electrical). Head of Examinations/Assistant Controller of Examination Head Budget, Accounts & Finance/ Assistant Finance Officer Head of Internship & Placement Secretary to the Registrar Head of Electrical And Equipment Store - Information System & Technology Equipment Assistant /Network & Specialist For the remaining positions the Council requested for the summery of the recruitment process for the approval. 81 Agenda item no. 5: Revision of Fee Structure After necessary discussion and deliberation the Council approved the revision of fee structure recommended by the Finance Committee. Following fees will be applicable to students of various batches after revision; PG students (Fees in UG students (Fees in Rs.) Rs.) General Category Gene ral SC/ST/PH NRI/FN / NRI/FN SC/ST/P H 25,000/33,000/- + 93,000 A.Y. 2011-12 /(without deposit) (NRI) (NRI) 78,000/- 10,000 USD 50,000/ USD 5,000 + 82 29,000/A.Y. 2012-13 (Existing Students without deposit) A.Y. 2012-13 (New Students without deposit) 1,13,00 0/93,000/- 12000 (NRI)/ 15000 USD (FN) (NRI) 33,000/- + 58,000/ 3,000 (NRI)/ 5,000 USD (FN) (NRI) 33,000/- + 1,03,00 0/86,500/- 10,000 USD 37,000/- + 56,500/ USD 5,000 + A.Y. 2012-13 (New Students 1,35,000 1,15,000 //- 55,000/- + 75,000/ 12000 (NRI)/ 15000 (FN) 55,000/- + 3,000 (NRI)/ 5,000 USD (FN) with deposit) USD A.Y. – Academic Year, F. N. – Foreign National 83 Agenda item no. 6: Staff and Financial Rules & Regulations The Council appreciated and approved the Regulations and Rules. Agenda item no. 7: Revision of Auditors Fees for new campus The Council approved the revision of the fees as recommended by the Finance Committee. Agenda item no. 8: Purchase of New Computers The Council recommended to purchase the required IT equipment through the Gujarat Informatics Limited 84 (GIL) and if the GIL is unable to provide within the time frame required by the GNLU, then, the same to purchased under DGS & D rates. Agenda item no. 9: Campus Development Updates The Council noted the final approval of Rs. 150 crore as final project cost for the construction of the campus and asked the Director to expedite the progress. Agenda item no. 10: Shifting, Inauguration, General Council meeting and third Convocation The council noted the planned events and approved the same. Agenda item no. 11: Abolition of post of Office of Superintendent and Termination of Services 85 The Council noted and advised to follow applicable rules of the departmental inquiry. Agenda item no. 12: Any other agenda with the permission of the Chair Additional Agenda 1: Reimbursement of transportation cost to the mess contractor The Council discussed and approved the reimbursement of actual expenditure to the mess contractor. Additional Agenda 2: Convocation dress The Council noted and approved the Convocation dress without cap. 86 Additional Agenda 3: Biometric Time Attendance System The Council approved the proposal for employees and students after necessary discussion and deliberations. Additional Agenda 4: Appointment of Deputy Engineer The Council approved the recruitment of Mr. Hiren Pandit as Deputy Engineer. Additional Agenda 5: Nomenclature of the Class Room at the new campus The Council discussed and advised to wait for the nomenclature of the class rooms. Additional Agenda 6: Statue of Sardar Vallabhbhai Patel and Mahatma Gandhi at the new campus and draft plaque for the 87 inauguration The Council discussed and approved the expenditure under the Campus Development Fund. Additional Agenda 7: LL. M. intake revision and information for CLAT 2012 prospectus The Council approved the fee revision and information for CLAT 2012 prospectus. ***** GUJARAT NATIONAL LAW UNIVERSITY Attalika Avenue, Knowledge Corridor, Koba, Gandhinagar Web: www.gnlu.ac.in 88 Ninth Meeting of the GNLU Academic Council held at the Gujarat National Law University on Friday, 20 January 2012 at 1600 hrs MINUTES OF THE MEETING Ninth meeting of the Academic Council (hereinafter “the Council”) was held on Friday, 20 January 2012 at 1600 hrs at the Gujarat National Law University. Agenda item no. 1: The Council adopted the agenda and verified the quorum. The following members were present. Participants: 89 8. Prof. Dr. Bimal N. Patel (Chairman), Director, GNLU 9. Mr. Hemant J. Patel, Member, Bar Council of India 10. 11. Mr. Gopinath Amin, Member, Bar Council of Gujarat Prof. N. K. Pathak, Former Director, School of law, Gujarat University 12. Dr. Shobhalata V. Udapudi, Associate Prof. of Law, GNLU 13. Dr. Vikas Gandhi, Asst. Prof. of Law, GNLU Special Invitees:7. Dr. Dolly Jabbal, Registrar (I/C), GNLU 8. Dr. Udayakumara Ramkrishna B. N., Dean & Assistant Professor of Law, GNLU Following members expressed their inability to attend the meeting because of their prior commitments 90 - Dr. S. Sivakumar, Research Professor, Indian Law Institute, New Delhi - Dr. V. S. Elizabeth, Addl. Prof. of History, NLSIU Rapporteur: Mr. Dharmesh Patel, Planning and Coordination Officer, GNLU Agenda item no. 2: Approval of minutes of the VIII meeting held on Sunday, 17 July 2011 The Council approved the minutes of the VIII meeting held on Sunday, 17 July 2011. 91 Agenda item no. 3: List of the existing faculty members The Council noted the list of the existing faculty members. Agenda item no. 4: GNLU Academic Directives 92 The Council noted and approved/ratified the GNLU Academic Directives published in the last six months. The Council suggested that students should be given more training on the research methodology and be encouraged by various ways to to increase their research aptitude. Agenda item no. 5: Award of degree to the graduated students of 2006 batch and post graduate students of 2009 batch The Council approved to award the degree to one fifty four students of UG and two students of PG on the III Convocation on 21 January 2012. Agenda item no. 6: Award of Gold Medals The Council approved to award 19 Gold Medals 93 according to the recommendation of the Scholarships and Awards Committee on the III Convocation on 21 January 2012. Agenda item no. 7: Course Structure and Fee Structure for UG and PG The Council noted the revision of the fees approved by the Executive Council and ratified the information for CLAT prospectus 2012. Agenda item no. 8: Any other agenda with the permission of the Chair Additional Agenda 1: Three years LL. B. Course for working professionals The Council approved the proposal of starting three years LL. B. Couse subject to the detailed guideline to be circulated for the same and necessary permission from the Bar Council of India/Gujarat may be granted. 94 Additional Agenda 2: Proposal for Advanced Contract Law The Council approved the proposal to introduce Advance Contract Law. Additional Agenda 3: Proposal for Practical Training-cum-evaluation mechanism The Council approved the proposal for practical Training-cum-evaluation mechanism. The detailed guidelines and evaluation scheme shall be circulated for the approval of the Council. Additional Agenda 3: Legal Practical Assignment for final semester 95 The Council approved the proposal for Legal Practical Assignment for final semester. The detailed guidelines and evaluation scheme shall be circulated for the approval of the Council. ***** (TRUE TYPED COPY) 96 GUJARAT NATIONAL LAW UNIVERSITY Attalika Avenue, Knowledge Corridor, Koba, Gandhinagar http://www.gnlu.ac.in Eighth Meeting of the General Council Saturday, 21January 2012 at 1000 hrs at Gujarat National Law University, Gandhinagar MINUTES OF THE MEETING Eighth meeting of the General Council (hereinafter “the Council”) of the Gujarat National Law University was held on Saturday, 21 January 2012 at 1000hrs at the Gujarat National Law University, Gandhinagar. Agenda item no. 1: Adoption of the agenda and verification of the quorum The Council adopted the agenda verified the quorum, consisting of 18 members out of the total strength of 26 members (vacant positions are not counted in total strength). Participants: 1. Hon'ble Mr. Justice Anil R. Dave, Judge, Supreme Court of India& Visitor, GNLU 2. 3. Hon'ble Mr. Justice A. L. Dave, Judge, High Court of Gujarat Hon'ble Mr. Justice Jayant M. Patel, Judge, High Court of Gujarat 97 4. 5. 6. 7. Hon'ble Mr. Justice S. M. Soni, Judge (Retd.), High Court of Gujarat Mr. Kamal General, State of Gujarat GNLU B. Trivedi, Advocate Prof. (Dr.) Bimal N. Patel, Director, Ms. Jayanti S. Ravi, Commissioner, High Education, Govt. of Gujarat (Nominee of Hon'ble Shri Ramanlal Vora, Minister for Education, Gujarat) 8. Mr. H. D. Vyas, Secretary, Legislative & Parliamentary Affairs, Govt. of Gujarat (Nominee of Mr. A. K. Joti, Chief Secretary, Govt. of Gujarat) 9. Mr. C. J. Gothi, Secretary (I/C), Legal Department, Govt. of Gujarat 10. Mr. Pankaj S. Champaneri, Assistant Solicitor General, High Court of Gujarat (Nominee of Harin P. Raval, Additional Solicitor General for India) 11. Mr. Hemant J. Patel, Member – Bar Council of India (Nominee of Mr. Ashok Parija, Chairman, Bar Council of India) 12. Mr. Gopinath Amin, Member, Bar Council of Gujarat (Nominee of Mr. Yogesh Lakhani, Sr. Advocate, High Court of Gujarat) 13. Prof. P. M. Patel, Professor of Political Science, OSD, Faculty of Law, M. S. University (Nominee of Prof. Yogesh Singh, VC, M. S. University) 14. Mr. B. G. Maniar, Associate Professor of Law &HoD, Saurashtra University (Nominee of Mr. M. K. Padalia, VC, Saurashtra 98 University) 15. Delhi Prof. (Dr.) K. D. Rao, Registrar, NLU, (Nominee of Prof. (Dr.) Ranbir Singh, ViceChancellor, NLU, Delhi) 16. Mr. N. K. Pathak, Former Director, School of Law, Gujarat University (Nominee of Mr. C. Jayaraj) GNLU GC/VIII Meeting Minutes 21 January 2012, Page 1 of 7 9. Dr. Dolly Jabbal, Registrar (I/C) & Associate Professor of Law, GNLU (Nominee of Hon'ble Mr. Justice M. R. Calla) 10. Dr. Udayakumara Ramakrishna B. N., Dean & Asst. Prof. of Law, GNLU (Nominee of Hon'ble Mr. Justice C. K. Thakker, Former Judge, Supreme Court of India) Special Invitee: Mr. Amal Dhru, Amal Datt & Associate, Chartered Accountant, Ahmedabad & GNLU Auditor Following members expressed their inability to attend the meeting because of their prior commitments: 1. 2. 3. Hon'ble Mr. Justice G. S. Singhvi, Judge, Supreme Court of India India Mr. R. F. Nariman, Solicitor General of Hon'ble Mr. G. E. Vahanvati, Attorney General of India 99 4. 5. 6. 7. 8. Hon'ble Mr. Justice Bhaskar Bhattacharya, Acting Chief Justice, Gujarat Hon'ble Mr.Dileep Sanghani, Minister for Law & Justice, Gujarat Ahmedabad Prof. (Dr.) Samir Barua, Director, IIM, Mr. Suresh Shelat, Sr. Advocate, High Court of Gujarat Prof. Umakant Pandit, Sr. Advocate, High Court of Gujarat Rapporteur: Mr. Dharmesh Patel, Planning and Coordination Officer, GNLU. The Council expressed a serious concern that according to the GNLU Regulations 3(3); a fifteen calendar days' notice is required. However, agenda papers for this meeting were received only before three days and due to this, members were not able to study the agenda in detail for fruitful discussion.The Director explained that due to shifting work and Inauguration function of the new campus, agenda papers could not be dispatched in time. It was also mentioned that date of the VIII meeting was fixed in the VII meeting and formal intimation was given on 15 December 2011 for the same. The Council agreed with the explanation and informed that due care should be taken in future to ensure that all members receive agenda papers prior to fifteen days of the meeting. Agenda item no. 2: Approval of draft minute of the VII meeting held on 16 January 2011 100 The Council approved the draft minutes of the VII meeting of the Council held on Sunday, 16 January 2011 at 1000 hrs at the Annexe, Circuit House, Ahmedabad. Following points were discussed under this agenda item; VIII General Council Meeting Minutes 21 January 2012 at 100 hrs, Page 2 of 7 The VII meeting of the General Council resolved that one third of the members of the General Council shall form the quorum at any meeting of the General Council and therefore necessary amendment should be proposed to the Executive Council for the amendment in the GNLU Regulation. 2) General Council consist of 34 members from various parts of the Country and therefore difficulties are faced for forming a quorum at any meeting of the General Council. Considering this fact, it was proposed to make necessary amendment in the Act to reduce the strength of the members and include membership within the State wherever possible for the convenient participation of the members. Other anomalies were discussed including protocol problem in the membership list of the Act. The Council constituted a committee to study the Act and examine any amendments necessary, in view of the functioning of GNLU for last 7 years. 1) Hon'ble Mr. Anil R. Dave, Judge, Supreme Court of India & Visitor, GNLU 2) Hon'ble Mr. Justice Jayant M. Patel, Judge, 101 High Court of Gujarat 3) Mr. Kamal Trivedi, Advocate General, State of Gujarat The Council resolved that the Visitor may constitute a Review Commission pursuant to Section 48(1) of the Gujarat National Law University Act, 2003 to review the functioning of the University. Agenda item no. 3: Annual Report of the University for the year 2011 The Council approved the Annual Report and appreciated the progress of the University. Following points were discussed under this agenda item; 1) The Director informed that maintenance of the new campus will require huge expenditure. Other national law universities are getting recurring grants from their respective State Governments and therefore Government of Gujarat may be requested to provide recurring grant to GNLU on annual basis.The Councilagreed that maintenance of the campus will require huge fund and therefore a proposal including comparative analysis of other national law universities and requirement of GNLU should be prepared to be placed before the Government of Gujarat. 2) With reference to the request to include tangible outcome of the Gujarat Legal Education Project (GLEP) in the GNLU Annual Report, the Director informed that Annual Report for the GLEP is prepared separately and 102 sent to the Education Department, Government of Gujarat. 3) The Council, taking note of deficit incurred in GNLU International Moot-court Competition, Vibrant Gujarat Summit etc, emphasised that activities involving substantial expenditure carrying sponsorships anticipation, shall be executed with the care for finance and after approval of the Finance Committee. VIII General Council Meeting Minutes 21 January 2012 at 100 hrs, Page 3 of 7 Agenda item no. 4: Proposal - Implementation of Allowance for the UGC prescribed positions according to Central Government norms The Council discussed and deliberated on the financial implication due to implementations of the allowances at par with Central government norms. Considering the crunch of positions required according to the UGC guideline and to retain such staff, the Council approved implementation of allowances and other benefits for such staff as per the UGC/Central Government norms, recruited as per the appropriate guidelines with effect from 01 February 2012. Benefits and allowances for positions other than the UGC guideline recruited in accordance with the Government of Gujarat norms/local norms shall be at par with the Government of Gujarat norms. The Council emphasised that GNLU shall follow all UGC norms in recruitment, salary, allowances, etc for all staff who are required as per the UGC norms. The Director informed that GNLU will ensure to put in place UGC mandated structure to 103 avail assistance from the UGC on a continuous and gradual basis with funding availability. Agenda item no. 5: Auditors’ Report (2010-11) The Council approved the Auditor Report (201011) and noted the following; “The Visitor shall be informed and consulted on a regular basis for all policy matters and important events.” Agenda item no. 6: CAG report and compliances The Council ratified the compliances made for the CAG para and approved the same. Agenda item no. 7: Minutes of the meetings of the Academic Council, the Finance Committee and the Executive Council The Council approved the minutes of the meeting of the Academic Council, the Finance Committee and the Executive Council held between VII and VIII General Council meeting. Agenda item no. 8: Any other agenda with the permission of the chair 104 Additional Agenda 1: Proposed dates for meetings of the General Council, Executive Council, the Finance Committee and the Academic Council The Council proposed to organize two meetings of the General Council in a year to provide effective assistance for the progress of the GNLU. The Council fixed following schedule of meetings. The Council decided to hold the 4th Convocation on Saturday, 19 January 2013 at 1600 hours General Council – requirement once every year 9th Saturday, 19 January Meeting 2013 Saturday, 19 January 2013 1000 hrs at GNLU 1000 hrs at GNLU 10th Meeting V III General Council Meeting Minutes 21 January 2012 at 100 hrs, Page 4 of 7 Executive Council – requirement once in four months 21st Meeting 22nd Meeting 23rd Meeting 1800 hrs at Friday, 23 March 2012 GNLU Friday, 20 July 2012 Friday, December 27 2012 1800 hrs at GNLU 1800 hrs at GNLU Academic Council – requirement once in six months 10th Meeting Friday, 6 July 2012 1600 hrs at 105 GNLU 11th Meeting Friday, 18 January 2013 1000 hrs at GNLU Finance Committee – requirement once in six months 10th Meeting 11th Meeting Friday, 2 March 2012 Friday, September 21 2012 1700 hrs at GNLU 1700 hrs at GNLU *IVConvocation: Saturday, 19 January 2013 at 1600 hours Additional Agenda 2: Campus Development updates The Director provided update on the Campus Development work. He also expressed difficulties and frustrations in organizing meeting of Standing Advisory Committee on Campus Development (SACCD) due to unavailability of the members. Copies of the email, sent to the members of the SACCD, were circulated to the members of the Council. He briefed and expressed serious concerns on failure of Architect in complying with the terms and conditions of appointment, serious substantial failure in providing services, humiliation of senior staff members of GNLU, delay in project completion, series of structural and minor defects in the premises, malice campaign, cost overrun, etc. and requested the Council to take stern actions against the Architect. The Council noted the information on Architect and progress of the Campus. The Council recommended 106 to call a meeting of the SACCD at the earliest and to conduct the meeting with the members who can remain present in the meeting. ***** Approval of the Minutes:- Sl. No. 1. Name of the member Signature Hon'ble Mr. Justice Anil R. Dave, Judge, Supreme Court of India & Visitor, GNLU 2. Hon'ble Mr. Justice A. L. Dave, Judge, High Court of Gujarat 3. Hon'ble Mr. Justice Jayant M. Patel, Judge, High Court of Gujarat 4. Hon'ble Mr. Justice S. M. Soni, Judge (Retd.), High Court of Gujarat 107 5. Mr. Kamal B. Trivedi, Advocate-General, State of Gujarat 6. Prof. (Dr.) Bimal N. Patel, Director, GNLU 7. Dr. Jayanti S. Ravi, IAS, Commissioner, High Education, Govt. of Gujarat (Nominee of Hon'ble Shri Ramanlal Vora, Minister for Education, Gujarat) 8. Mr. H. D. Vyas, Secretary, Legislative & Parliamentary Affairs, Govt. of Gujarat (Nominee of Mr. A. K. Joti, Chief Secretary, Govt. of Gujarat) 9. Mr. C. J. Gothi, Secretary (I/C), Legal Department, Govt. of Gujarat 10. Mr. Pankaj S. Champaneri, Assistant Solicitor General, High Court of Gujarat 108 (Nominee of Harin P. Raval, Additional Solicitor General for India) 11. Mr. Hemant J. Patel, Member – Bar Council of India, (Nominee of Mr. Ashok Parija, Chairman, Bar Council of India) 12. Mr. Gopinath Amin, Member, Bar Council of Gujarat (Nominee of Mr. Yogesh Lakhani, Sr. Advocate, High Court of Gujarat) 13. Prof. P. M. Patel, Professor of Political Science, OSD, Faculty of Law, M. S. University (Nominee of Prof. Yogesh Singh, VC, M. S. University) 14. Mr. B. G. Maniar, Associate Professor of Law & HoD, Saurashtra University (Nominee of Mr. M. K. 109 Padalia, VC, Saurashtra University) 15. Prof. (Dr.) K. D. Rao, Registrar, NLU, Delhi, (Nominee of Prof. (Dr.) Ranbir Singh, ViceChancellor, NLU, Delhi) 16. Dr. Dolly Jabbal, Registrar (I/C) & Associate Professor of Law, GNLU (Nominee of Hon'ble Mr. Justice M. R. Calla) 17. Mr. N. K. Pathak, Former Director, School of Law, Gujarat University (Nominee of Mr. C. Jayaraj) 18. Dr. Udayakumara Ramakrishna B. N., Dean & Asst. Prof. of Law, GNLU (Nominee of Hon'ble Mr. Justice C. K. Thakker, Former Judge, Supreme Court of India) 110 Special Invitee Mr. Amal Dhru, Amal Datt & Associate, Chartered Accountant, & GNLU Auditor VIII General Council Meeting Minutes 21 January 2012 at 100 hrs, Page 5 of 7 VIII General Council Meeting Minutes 21 January 2012 at 100 hrs, Page 6 of 7 VIII General Council Meeting Minutes 21 January 2012 at 100 hrs, Page 7 of 7 111 Annexure P/8 On 08-Jun-2012, at 10:23 AM, Dharmesh Patel wrote: Dear Prof. Bashir, Following to our telephonic discussion and your discussion with Prof. Thomas Mathew, kindly note that GNLU will not be able to admit the candidate according to the published information in CLAT brochure. The published information was also approved by the Academic Council and Executive Council who are competent body to decide in the matter. You may request to CLAT office for reshuffling issue. CLAT office will definitely consider him for reshuffling to another NLU in the next list. Thank you, Rgds *** (TRUE TYPED COPY) Annexure P/9 Date: June 10, 2012 Notice Today being a Sunday, some law universities could not provide complete information regarding deposition of fees. Consequently, the exact number of vacancies will be known on June 11, 2012 only. Therefore, the II List of admission with reshuffling will be issued by late evening on June 11, 2012. Convenor CLAT 2012 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD DISTRICT: Gandhinagar SPECIAL CIVIL APPLICATION NO 7742 OF 2012 IN THE MATTER OF: Osho Donnie Ashok … VERSUS State of Gujarat & Ors. … Respondents Petitioner INDEX SR. NO. 1 2 P/1 Memo of Application Memorandum of Understanding establishing Common Law Admission Test. 3 P/2 Copies of the relevant pages of rank 37 list and university allocation list of 42A Common Law Admission Test 2012 4 P/3 Copy of the relevant page of the CLAT 43 Brochure 2012 54 to to ANNEXURE PARTICULARS PAGE NO. 1 to 25 26 36 to 5 P/4 Copy of the electronic mail dated June 54A to 3, 2012 from the Petitioner to the 57 Director of GNLU, Respondent No. 2 6 P/5 Copy of electronic mail dated June 4, 58 2012 from the Director of the 61 Respondent No. to the Petitioner. to 7 P/6 Copies of electronic mails dated June 62 7 and 8, 2012 from Prof. Shamnad 75 Basheer to Respondent No, 2 to 8 P/7 Copies of the minutes of the relevant 76 meetings of the Executive Council, 109 Academic Council and the General Council of GNLU, Respondent No. 2 to 9 P/8 Electronic mail dated June 8, 2012 110 from GNLU, Respondent No. 1to Prof. Shamnad Basheer. 10 P/9 Notification published on the website 111 of Respondent No. 3 – www.clat.ac.in dt. 10.06.2012 Place: _________ Date: 10/06/2012 _______________________ (MUKUL SINHA) ADVOCATE FOR THE PETITIONER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD DISTRICT: Gandhinagar SPECIAL CIVIL APPLICATION NO 7742 OF 2012 IN THE MATTER OF: Osho Donnie Ashok … VERSUS State of Gujarat & Ors. … Respondents Petitioner LIST OF DATES AND EVENTS SR. NO. 1 2009 The Petitioner (then a student in Class 11), was expelled from school for non-payment of fees. 2 November, 2010 IDIA, a charitable trust cleared the Petitioner’s arrears of fees and petitioner was allowed to rejoin school. 3 May, 2011 Petitioner appeared for class 12 examinations and failed. 4 May, 2012 The petitioner passed Class 12 with 56.25% DATE PARTICULARS aggregate 5 28.05.2012 Respondent 3 published results of Common Law Admission Test, 2012. The petitioner secured an All India General Rank of 427 and was allotted a seat in National University of Study and Research in Law, Ranchi 6 01.06.2012 Respondent 3 published a revised list according to which the Petitioner was allotted a seat in the Gujarat National Law University, Respondent 2. 7 03.06.2012 The Petitioner addressed an electronic mail to the Director of Respondent No. 2 8. 04.06.2012 The Director of Respondent 2 addressed an electronic mail to the Petitioner. 9. 07.06.2012 and 08.06.2012 Prof. Shamnad Basheer, the Managing trustee of IDIA corresponded with various functionaries of Respondent No. 1through electronic mail and telephone. 10. 08.06.2012 Respondent No. 1informed Prof. Shamnad Basheer though electronic mail that the Petitioner would not be admitted into the five year B.A. LL.B. (Hons.) programme. 11. 08.06.2012 The Petitioner physically presented himself before the admission desk of Respondent 2 with his application form and supporting documents. Respondent 2 declined to accept his application. 12. 10.06.2012 Notification published on the website of Respondent No. 3 – www.clat.ac.in announcing that second list of students would be published on 11.06.2012 Place: _________ Date: 10/06/2012 _______________________ (MUKUL SINHA) ADVOCATE FOR THE PETITIONER