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An interim order has been passed by Delhi High Court restricting the Guru Gobind Singh Indraprastha University (GGSIPU) from adopting CLAT scores for admissions to its LLB courses for the academic session 2019-20.GGSIPU has been directed to reflect this order on its website so that all stakeholders would be aware of the same.The interim order was passed by a Single Judge Bench of Justice C Hari Shankar in a petition by Self-Financing Educational Institutions Association. Petition was filed by member of association of twelve private Colleges which provide LL.B. degree and are affiliated to GGSIPU.The ire of the Petitioner was directed against a February 11, 2019 order by the Directorate of Higher Education, Delhi Government, and a subsequent February 26, 2019 circular issued by GGSIPU.The order, dated 11 th February, 2019, (supra), purports to have been issued by the DHE in exercise of the powers conferred by Clause (g) of Section 3, read with Section 13 of the Delhi Professional Colleges and Institutes (Prohibition of Capitation Fee Regulation of Admission, Fixation of Non-Exploitative Fee and Other Measures to ensure Equity and Excellence), Act 2007 (hereinafter referred to as “the 2007 Act”).
The grievance of the petitioner is against the stipulation that the GGSIPU could adopt the scores in the CLAT (the “Common Law Admission Test”, conducted every year by a Consortium of National Law Universities) for admission to undergraduate Law courses offeredby Colleges affiliated to it. Earlier DHE order had permitted GGSIPU to adopt the National Level Tests for admission to certain Courses from the academic year 2019-20, while designating it as the “designated agency” for the Tests in terms of the Delhi Professional Colleges or Institutions (Prohibitions of Capitation Fee, Regulation of Admission, Fixation of Non-Exploitative Fee and Other Measures to Ensure Equity and Excellence) Act, 2007 including CLAT. It was argued in the current petition that a Common Entrance Test (CET) was required to be conducted by a ‘designated agency’ and there was no provision in the Act which permitted adoption of the score of any other third agency in order to effect admissions to courses in an institution.
Therefore, the CET would necessarily have to be held by the GGSIPU itself – as had been happening in the past and counselling would also have to be conducted by the same University.
The Petitioner also stated that the deliberations which led to the decision to adopt the score of the CLAT did not disclose any categorical rationale behind the decision. It was also contended that the deliberations did not co-opt the representatives of the Petitioner, who are vital stakeholders in the entire exercise
The Court observed that prima facie, the Act does not require the institution which is affecting admissions through a CET to itself be the designated agency which conducts the said test.
It, however, stated that there was no notification designating the agency conducting the CLAT as the designated agency for effecting admissions to courses being conducted by the GGSIPU for the academic session 2019-2020.
The Court, therefore, held that the in the absence of any such notification, prima facie, the entire exercise of adoption of the scores of the CLAT for making admissions to the law courses conducted by the GGSIPU was completely vitiated.
The Court thus concluded that the entire exercise of adoption of the score of the CLAT, as a basis for effecting admissions to law courses conducted by the GGSIPU was prima facie completely contrary to the provisions of the 2007 Act.
The Court also rejected GGSIPU’s submission that it was too late in the day for the GGSIPU to conduct a CET for admissions into the LLB course.
While granting an interim stay on the adoption of CLAT score by GGSIPU, the Court also clarified that the order would not in any manner affect any admissions in the past to any course conducted by the GGSIPU.
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