shivangi gupta v nlu jodhpur & anr
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LIST OF DATES AND EVENTS
2.01.2012 Publication of the Advertisement by respondentsinviting applications for
B.A,/B.Sc./B.B.A./BSW/B.Com. LL.B (Hons.) Degree
Course, through Common Law Admission Test
(CLAT) 2012 on All India basis.
13.05.2012 The petitioner filled the application form for Common
Law Admission Test CLAT 2012 and was allowed to
appear in the entrance examination with Roll Number
11611406673. Common Law Admission Test (CLAT)2012 was conducted on various test centers all over
India. The test center allotted to the petitioner was
Campus Law Centre, Faculty of Law, University of
Delhi, Delhi-110007.
28.05.2012 Declaration of CLAT 2012 result by respondent.
Petitioner has secured 113 marks and the last selected
candidate has secured 123 marks. Petitioner has
secured All India Rank of 2719.
29.05.2012 Representation was made by petitioner to the
respondent seeking revision of result and requesting the
question paper with model answer key because there
were numerous questions in the entrance test paper
which were incomplete in nature and out of the
syllabus. consequently thereof, the petitioner has been
made to suffer and have not got a fair opportunity to
qualify for admission in
B.A,/B.Sc./B.B.A./BSW/B.Com. LL.B (Hons.) DegreeCourse.
02.06.2012 The petitioner applied to the respondent seeking
information under Right to Information Act, for the
copy of question paper, model answer key and
petitioners OMR sheet.
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6.06.2012 The Hon’ble High court of Delhi, in W. P. (C)
3675/2012 directed the respondents to upload the
CLAT 2012 question paper along with the model
answer key till 8.06.2012.
8.06.2012 Respondents uploaded the CLAT 2012 question paper with its model answer key on 8.06.2012 at about 10:30
pm.
9.06.2012 The counseling has already been started from
9.06.2012. 10th, 16th,17th, 23rd, 24th and 27th of June are
other scheduled dates for counseling
11.06.2012 Petitioner made another representation to the
respondents seeking correction of mistakes and revision
of result or re-examination.
13.06.2012 The petitioner does not have any other alternative and
efficacious remedy, hence this writ petition, invoking
the original jurisdiction of this Hon’ble court.
Filed By
( R. K. HANDOO & ASSOCIATES)
Flat # E, Front Block, Sagar Apt.
6 Tilak Marg, New Delhi-110001
PH: 23389062 (O) 23382048 (CH) 23386922 (fax)
Place- Delhi
Dated- 13.06.12
BEFORE THE HON’BLE HIGH COURT OF DELHI
AT NEW DELHI
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(CIVIL EXTRAORDINARY JURISDICTION)
W. P (C) …….. / 2012
IN THE MATTER OF: –
SHIVANGI GUPTA PETITIONER
VERSUS
NATIONAL LAW UNIVERSITY
JODHPUR
THROUGH ITS REGISTRAR & Anr. RESPONDENTS
WRIT PETITION UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA SEEKING TO CHALLENGE THE
COMMON LAW ADMISSION TEST (CLAT) 2012 IN WHICH
ANSWER TO 6 QUESTIONS ARE WRONG. THERE ARE 18
QUESTIONS WHICH ARE INCOMPLETE IN NATURE. 25
QUESTIONS ARE OUTSIDE THE PRESCRIBED SYLLABUS,
RESULTING IN DENIAL OF FAIR OPPORTUNITY TO
QUALIFY FOR ADMISSION IN NATIONAL LAW SCHOOL IN
B.A,/B.Sc./B.B.A./BSW/ B.Com. LL.B (Hons.) DEGREE
COURSE. THE PETITIONER SUBMITS THAT THE
RESPONDENTS HAVE CAUSED AN IRREPARABLE INJURY
TO THE PETITIONER AND HAVE ALREADY PROCEEDED
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WITH THE COUNSELLING FROM 9.06.2012 WITHOUT
DECIDING THE REPRESENTATION MADE BY PETITIONER.
THE OMISSIONS AND MISTAKES COMMITTED BY THE
RESPONDENTS HAVE CONSIDERABLY REDUCED THE
CHANCE OF PETITIONER TO CLEAR THIS EXAM. AS THE
RESPONDENTS ARE ESCAPING FROM THEIR DUTY TO
CORRECT THE MISTAKES IN THE QUESTION PAPER THE
PETITIONER IS CONSTRAINED TO FILE THIS WRIT
PETITION, HENCE THIS WRIT PETITION.
TO,
THE HON’BLE CHIEF JUSTICE AND HIS
COMPANION JUSTICES OF THE HON’BLE
HIGH COURT OF DELHI AT NEW DELHI
THE PETITIONER HUMBLY SHOWETH:-
1. That the petitioner is a citizen of India residing at abovementioned
address. Petitioner is entitled for the protection of her fundamental
right under The Constitution of India.
2. That the petitioner appeared in the Senior Secondary School
Examination 2012 conducted by CBSE and cleared the same. A
computer generated result is annexed with this writ petition as
Annexure A-1. The petitioner being eligible, applied for Common
Law Admission Test (CLAT) 2012 advertised by the respondent and
the petitioner was given admit card with Roll No. 11611406673. The
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copy of the admit card of petitioner is annexed as Annexure A-2. The
exam was conducted on 13.05.2012. The copy of the advertisement is
annexed as Annexure A-3.
3. That as per the information from brochure there are 1607 seats in
total. The break-up of the seats is 806 for General category, 144 for
S.C. and 86 for S.T. The petitioner is a general category candidate.
The break-up details of the seats is annexed as Annexure A-4.
4. That this year 2012 the All India Entrance Examination was
Conducted for 14 National Law Schools/Universities for admission to
the Undergraduate Degree Programme by the respondents National
Law University, Jodhpur, Rajasthan and the successful candidates are
to be allotted to all other National Schools/Universities as per their All
India rank in the Common Law Admission Test (CLAT) 2012.
5. That respondent is a body created under state legislation which states
that “ the object of the school shall be to advance and disseminate
learning and knowledge of the law and legal process and their role in
National Development, to develop in the student and research scholar
a sense or responsibility to serve society in the field of law by
developing skills in regard to advocacy, legal services, legislation, law
reforms and the like”.
6. That the respondent being established under a legislation, is
performing a public function and is an authority/state within the
meaning of Article 12 of Constitution of India, hence amenable to writ
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jurisdiction of this Hon’ble court. That as per the rules, Common Law
Admission Test (CLAT) is conducted by National Law Schools every
year on rotation basis in sequence to their establishment. This year
Common Law Admission Test (CLAT) 2012 was conducted by
National Law University (NLU) Jodhpur. As per the rules the registrar
of the National Law School which is conducting the CLAT is the
convener of the exam and is under solemn duty to conduct free and
fair exam.
7. That the respondent conducted the Common Law Admission Test
(CLAT) 2012 on 13.05.2012 wherein the petitioner participated at
Delhi and respondent declared its result on 28.05.2011. In the result,
the Petitioner is shown to secured 113 marks while as the cut-off
declared by the respondent is 123. Since the marks secured by the
Petitioner were less than the cut-off declared by the Respondent,
hence the Petitioner could not qualify for admission in
B.A,/B.Sc./B.B.A./BSW/B.Com. LL.B (Hons.) Degree Course.
Petitioner has secured an All India rank of 2719. The relevant portion
of CLAT 2012 result is annexed as Annexure A-5.
8. The information brochure provided by respondents along with the
application form specified the syllabus for Common Law Admission
Test. The relevant part of syllabus is reproduced below for
convenience of this Hon’ble court:-
Pattern of the CLAT paper for entry to the undergraduate
Programme:
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Total Marks 200
Total number of multiple choice questions of one
mark each
200
Duration of examination Two Hours
Subject areas with weightage:
English including comprehension 40 Marks
General Knowledge / Current Affairs 50 Marks
Elementary Mathematics ( Numerical Ability) 20 Marks
Legal Aptitude 50 Marks
Logical Reasoning 40 Marks
The relevant portion of the syllabus is as under:-
(2) General Knowledge / Current Affairs
This section will only test students on their knowledge of current
affairs (broadly defined as matters featuring in the mainstream
media between March 2011 and March 2012 )
(5) Legal Aptitude
This section will test students only on “legal aptitude”. Questions
will be framed with the help of legal propositions (described in the
paper), and a set of facts to which the said proposition has to be
applied. Some propositions may not be “true” in the real sense (e.g.
the legal proposition might be that any person who speaks in a
movie hall and disturbs others who are watching the movie will be
banned from entering any movie theatre across India for one year).
Candidates will have to assume the “truth’ of these prepositions and
answer the questions accordingly.
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Candidate will not be tested on any prior knowledge of law or
legal concepts. If a technical/legal term is used in the question, that
term will be explained in the question itself. For example, if the term
Patent is used, the meaning of Patent (“a legal monopoly granted by
the government for certain kind of inventions”) will also be
explained.
TIE-BREAKING
In the event of tie between two or more candidates in the CLAT, tie
will be broken by the following procedure and order:
(i) Higher marks in the section of Legal aptitude in CLAT 2012,
(ii) Higher age and
(iii) Computerized draw of lots.
A copy of the relevant part of the syllabus is annexed as Annexure
A-6.
9. That it was to the utmost shock and surprise of the petitioner, that
respondents have asked such questions in Legal Aptitude section
which are incomplete in nature. There were questions which are out of
the syllabus. The inclusion of these questions rendered the preparation
of the petitioner as nugatory and consequently the petitioner was
handicapped to answer these questions on the basis of preparation of
the syllabus. Thus the exam conducted and the result declared is not
the true test of ability/merit but a test based on hit & trial where merit
became casuality.
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10. That the petitioner submits that with a view to get the anomalies
corrected in the question paper, petitioner made a representation to the
respondents and also an application under Right to Information Act.
In the absence of any positive reply from respondents petitioner filed
a writ petition before Hon’ble Delhi High court. Consequently
thereof, the Hon’ble High court directed the respondents to upload the
question paper and model answer key. During the arguments Ld.
Counsel of the petitioner requested a stay on the counselling process
but the Hon’ble court replied that 9.06.2012 is not the only date of
counseling. 10th, 16th,17th, 23rd, 24th and 27th of June are also the
scheduled dates for counseling. A copy of the order dated 6.06.2012 is
annexed as Annexure A-7.
11. That the petitioner submits that the question paper has revealed three
types of irregularities which rendered the whole process perfunctory
and have caused great prejudice to the petitioner. CATEGORY I: in
which the questions are wrongly answered in the model answer key.
CATEGORY II: these are the questions which relates to the field of
Legal Aptitude which are incomplete in nature meaning thereby the
question paper did not supply enough information i.e. principle on the
basis of which the question is to be answered. CATEGORY III:
relates to those questions which are all out of the syllabus. The copy
of the question paper of (A) series and the answer key is collectively
marked as Annexure A-8 (Colly).
CATEGORY 1: ( QUESTIONS WRONGLY ANSWERED)
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There are various questions which are wrongly answered in the model
answer key as provided by the respondents. However, petitioner is
certain to following 6 questions. These questions are reproduced
below for the kind perusal of this Hon’ble court:
QUESTION NO. 56:
Identify the Indian Tennis player who has turned Hollywood
filmmaker?
(A) Vijay Amritraj
(B) Mahesh Bhupathi
(C) Leander Paes
(D) Ashok Amritraj
Answer key suggests that the correct answer is (A) which is wrong.
The correct answer is (D).
QUESTION NO. 86:
Priyanka Chopra has been named National Ambassador of
(A) WHO
(B) UNICEF
(C) UNESCO
(D) International Red Cross Society
Answer key suggests that the correct answer is (C) which is wrong.
The correct answer is (B).
QUESTION NO. 186:
X, a married woman, agreed to live in adultery with B and also agreed
to serve him as his housekeeper. In return, B agreed to pay X Rs. 500
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per month for living in adultery and Rs. 500 per month for
housekeeping. The agreement is
(A) Valid
(B) Void
(C) Void as to the first object but valid with respect to the second
object
(D) Unlawful as being opposed to public policy
Answer key suggests that the correct answer is (D) which is wrong.
The correct answer is (C). ( Illustration appended to S. 24 Indian
Contract Act)
QUESTION NO. 193:
X went to Y’s house and forgot his bag which contained 1 kg sweets.
Y’s children consumed the sweets. Decide the liability of Y.
(A) Y is bound to pay the price of sweets to X
(B) Y is not bound to pay anything
(C) Y is bound to pay half the price of sweets.
(D) Y would not have to pay anything because X loves Y’s children.
Answer key suggests that the correct answer is (B) which is wrong.
The correct answer is (A). (S. 70 Indian Contract act, Illustration A)
QUESTION NO. 197:
The Right to Equality is guaranteed by-
(A) Article 14 to 18
(B) Article 14
(c) Article 14 and 15
(D) Article 14, 15 and 16
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Answer key suggests that the correct answer is (D) which is wrong.
The correct answer is (A).
QUESTION NO. 200:
In which of the following cases can a Constitutional amendment be
passed just by a simple majority in Parliament?
(A) Election matters
(B) Change in the name and boundaries of states
(C) Powers of the President
(D) None of the above
Answer key suggests that the correct answer is (D) which is wrong.
Option (B) is correct as per Article 4 of Constitution of India.
CATEGORY 2: ( LEGAL APTITUDE)
In the light of the above mentioned syllabus the petitioner submits
that the section of Legal aptitude is of great importance because the
score of this section will decide in case of Tie between two
candidates. Petitioner submits that there is a heavy deviation of
syllabus in the section by respondents. The questions asked in the
section of Legal Aptitude are incomplete in nature, either they did not
provide the principle on the basis of which the question is supposed to
be solved or they have asked such question which presupposes a deep
knowledge of law, which is not at all the purpose of this examination.
There are 18 questions which are incomplete in nature. Few of the
questions as per the (A) series are reproduced for the kind perusal of
this Hon’ble court:
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QUESTION NO. 186:
X, a married woman, agreed to live in adultery with B and also agreed
to serve him as his housekeeper. In return, B agreed to pay X Rs. 500
per month for living in adultery and Rs. 500 per month for
housekeeping. The agreement is
(A) Valid
(B) Void
(C) Void as to the first object but valid with respect to the second
object
(D) Unlawful as being opposed to public policy
QUESTION NO. 187:
Ramu applied for the post of Director in an organization. The
governing body of the organization passed a resolution appointing
him to the post. After the meeting, one of the members of the
governing body informed him privately of the resolution.
Subsequently, the resolution was rescinded. Ramu claims damages.
Which one of the following is the correct legal proposition in the
case?
(A) Ramu cannot claim damages as he had not resigned from his
existing post in anticipation of getting the appointment letter
(B) Ramu cannot claim damages as there was no formal
communication
(C) Ramu can claim damages as governing body cannot rescind the
resolution once passed
(D) Ramu can claim damages as there was private communication
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QUESTION NO. 189:
Z is carried off by a tiger. X fires at the tiger, knowing that the shot
might kill Z, but with no intention to kill Z, and in good faith trying to
save Z. X’s shot, however, gives Z a mortal wound. Choose the
correct option-
(A) X has committed an offence of a grievous nature.
(B) X has no moral duty to save Z therefore he can be held liable.
(C) X has not committed any offence, as the act was in good faith and
for the benefit of Z
(D) None of the above
QUESTION NO. 190:
Ms. Usha wants to file a suit against Bhagyalaxmi Theatre praying for
a permanent injunction (stay order) restraining the theatre from
running the film named “Jai Santoshi Maa”. Her contention is that the
film hurt her religious feelings and sentiments as Goddess Saraswati,
Laxmi and Parvati were depicted as jealous and were ridiculed.
(A) She cannot file a suit because injury to religious feelings is not a
legally recognized right
(B) She cannot file a suit because the Theatre has a fundamental right
to speech and expression
(C) She can file a suit as injury to religious feelings has been legally
recognized as a right (injuria sine damnum)
(D) It is a case of complete judicial discretion.
QUESTION NO. 192:
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P, Q and R made a joint promise to give S a sum of Rs.3000. S
recovered the whole amount from P. Q was declared insolvent and
cannot give anything. Which statement out of the following is correct?
(A) P cannot get anything from R.
(B) P can recover Rs.1000 from R.
(C) P can recover Rs.1500 from R.
(D) P can recover Rs.2000 from R.
QUESTION NO. 193:
X went to Y’s house and forgot his bag which contained 1 kg sweets.
Y’s children consumed the sweets. Decide the liability of Y.
(A) Y is bound to pay the price of sweets to X
(B) Y is not bound to pay anything
(C) Y is bound to pay half the price of sweets.
(D) Y would not have to pay anything because X loves Y’s children.
QUESTION NO. 195:
Y makes an attempt to steal some jewels by breaking open a box and
finds, after opening the box, that there is no jewel in it. Choose the
appropriate answer.
(A) Y is not guilty of attempt to theft because the box was empty.
(B) Y is guilty of attempt to commit theft.
(C) Y is guilty of trespass.
(D) Y is not guilty of any offence.
QUESTION NO. 196:
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A lady wanted to get a railway ticket but finding a crowd near the
ticket window at the station, asked Raju, who was near the window, to
get a ticket for her and handed him money for the same. Raju took the
money and instead of getting the ticket, ran away with it. What
offence has been committed by raju?
(A) No offence
(B) Criminal breach of trust
(C) Criminal misappropriation
(D) Theft
QUESTION NO. 200:
In which of the following cases can a Constitutional amendment be
passed just by a simple majority in Parliament?
(E) Election matters
(F) Change in the name and boundaries of states
(G) Powers of the President
(H) None of the above
CATEGORY 3: ( GENERAL KNOWLEDGE/CURRENT
AFFAIRS)
The respondents did not confine themselves to the syllabus and there
were several questions which neither relates to current affairs nor
falling in the period from March 2011 to March 2012 but were spread
over to the fields of Science, Geography and History. Few of the
questions as per the (A) series question paper are reproduced below
for the kind perusal of this Hon’ble court:
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QUESTION NO. 43:
Whose teaching inspired the French Revolution?
(A) Rousseau
(B) Locke
(C) Hegel
(D) Wagner
QUESTION NO. 52:
Which is the largest gland in human body?
(A) Pancreas
(B) Liver
(C) Thyroid
(D) Pituitary
QUESTION NO. 54:
Which strait separates Europe from Africa
(A) Mallaica
(B) Gibralter
(C) Berring
(D) Palk
QUESTION NO. 55:
Taiwan was earlier known as
(A) Fuchow
(B) Marshall Island
(C) Formosa
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(D) Macau
QUESTION NO. 59:
Excess of money supply as compared to supply of goods results in
(A) Depression
(B) Deflation
(C) Trade deficit
(D) Inflation
QUESTION NO. 60:
The largest living flightless bird is
(A) Emu
(B) Kiwi
(C) Ostrich
(D) Penguin
QUESTION NO. 61:
Which of the following oceans has the shape of the English letter ‘S’?
(A) Atlantic
(B) Pacific
(C) Indian
(D) Arctic
QUESTION NO. 62:
Which is the longest shipping canal in the world?
(A) Panama Canal
(B) Suez Canal
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(C) White Sea-Baltic Canal
(D) Kiel Canal
QUESTION NO. 63:
Le Corbusier, the architect of Chandigarh was a national of
(A) Britain
(B) Portugal
(C) France
(D) Netherlands
QUESTION NO. 64:
India became a member of UNO in
(A) 1945
(B) 1947
(C) 1950
(D) 1952
QUESTION NO. 65:
To which country does India export the largest quantity of iron ore?
(A) USA
(B) Japan
(C) Egypt
(D) Germany
QUESTION NO. 66:
The longest highway in India runs from
(A) Kolkata to Jammu
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(B) Shillong to Amritsar
(C) Ambala to Nagercoil
(D) Varanasi to Kanyakumari
QUESTION NO. 67:
The longest irrigation canal in India is called
(A) Upper Bari Doab Canal
(B) Indira Gandhi Canal
(C) Sirhind Canal
(D) Yamuna Canal
QUESTION NO. 7o:
The XI Five Year Plan envisaged the highest growth in the sector of
(A) Industry
(B) Agriculture
(C) Services
(D) Manufacturing
QUESTION NO. 75:
Mahatma Gandhi National Rural Employment Guarantee Act
(MGNREGA) completed how many years of operation in 2011?
(A) 3 years
(B) 4 years
(C) 5 years
(D) 6 years
QUESTION NO. 83:
First Indian to ski to North Pole is
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(A) Arun Nayyar
(B) Ajeet Bajaj
(C) Sq. Ldr. Sanjay Thapar
(D) Neal Paramjeet
QUESTION NO. 84:
First woman Director General of Police in India was
(A) Kanchan Choudhary
(B) Kavitha Choudhary
(C) Kiran Bedi
(D) Aswathy Tonge
12.That he Petitioner submits that about 50 questions including the
abovementioned questions are submitted before this Hon’ble court for
proper disposal of this writ petition. The tables below gives a quick
review of all the disputed questions:
[A] QUESTIONS WHICH ARE WRONGLY ANSWERED
SERIAL
NO.
QUESTION
PAPER
SERIES
QUESTION
NUMBER
ANSWER
AS PER
KEY
CORRECT
ANSWER
1. A 56 A D2. A 86 C B
3. A 186 D C
4. A 193 B A
5. A 197 D A
6. A 200 D B
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[B] LEGAL APTITUDE
Questions which are incomplete in nature
SERIAL
NO.
QUESTION PAPER SERIES QUESTION
NUMBER
1. A 181
2. A 182
3. A 183
4. A 184
5. A 186
6. A 1877. A 188
8. A 189
9. A 190
10. A 191
11. A 192
12. A 193
13. A 194
14. A 195
15. A 19616. A 197
17. A 199
18. A 200
[C] GENERAL KNOWLEDGE/CURRENT AFFAIRS
Questions which are out of the syllabus
SERIAL
NO
QUESTION PAPER SERIES QUESTION
NUMBER
1. A 41
2. A 42
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3. A 43
4. A 45
5. A 47
6. A 51
7. A 528. A 54
9. A 55
10. A 56
11. A 59
12. A 60
13. A 61
14. A 62
15. A 63
16. A 64
17. A 65
18. A 66
19. A 67
20. A 68
21. A 70
22. A 71
23. A 75
24. A 83
25. A 84
13. It is to be submitted that there are several other questions which are
not framed as per the prescribed syllabus. They are very complex
questions which requires prior knowledge of law. These questions are
Question Nos. 37, 38, 40, 151, 152, 153, 154, 155, 156, 157, 158, 159,
160, 160, 161, 162, 163, 164, 165. That the petitioner raised her grievance before the exam conducting body through a representation
made on 11.06.2012. A copy of the representation is annexed as
Annexure A-9.
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14. That it is to be submitted that the petitioner has secured 113 marks as
against a cut-off of 123 marks. Unfortunately, answers to 6 questions
are wrong and have adversely affected the merit of the petitioner
resulting in denial of a fair chance to compete in the exam. The
petitioner further submits that 25% questions are under objection, in
such circumstances it is impossible to filter the meritorious students
from all the applicants.
15. That the respondents are surprisingly escaping from their
responsibility of correcting the mistakes committed by them in the
question paper. Petitioner has made two representations but did not
receive any positive reply. Instead of self-correction, the respondents
are moving away with the problem which is to the detriment of the
petitioner.
16. It is to be submitted that the syllabus provided by the respondent is
very certain and clear. It does not lead to any controversy as to its
interpretation. It clearly reads out that what kind of questions are
likely to be asked in the examination. There is no iota of doubt that
the respondent asked some questions which were clearly incomplete
in nature or out of the syllabus. The mistake done by the respondent
has resulted in grave injustice to the petitioner and to all other
similarly situated candidates who could not qualify due to this
unfortunate act on the part of respondent.
17. That still the petitioner made her best possible attempt to answer the
questions and rest was left to the destiny because the petitioner was
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helpless and was unable to do anything, as large number of the
questions were out of the syllabus. As the question paper is available
for the kind perusal of this Hon’ble court, therefore the need and
necessity has arisen for filing the present writ petition.
18. The petitioner submits that the counseling/admission has already been
started from 9.06.2012. It is to be further submitted that once the
counseling would be completed there would remain no seats for the
petitioner and all other similarly situated candidates. This will cause
an irreparable injury to the petitioner which could not be compensated
in money and is flagrant violation of fundamental right of the
petitioner.
19. It is humbly submitted that there is no alternative efficacious remedy
available except to pray for equity before this Hon’ble court as the
petitioner has been confronted with a question paper which was
incomplete, incorrect and out of the syllabus. It is further submitted
that instead of conducting the screening test respondent has carried
out elimination test. That under these circumstances the petitioner has
no remedy except to approach this Hon’ble court for setting right the
anomalies and to seek appropriate directions for the declaration of
fresh result.
G R O U N D S
A. Because the exclusion of the petitioner and others similarly situated as
like the petitioner is contrary to the rule of equity, justice and fairness.
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It is a mistake which has far reaching consequences and needed to be
corrected at the earliest.
B. Because these type of mistakes will have negative impact on the noble
profession of Advocacy. In consequence of which CLAT will loose its
credibility.
C. Because the syllabus provided by the respondent is very definite and
gives no idea that there could be a deviation from it. Syllabus clearly
states that there will not be any question which presupposes a prior
knowledge of law but unfortunately respondents have asked several
questions which involves exhaustive study of law. Syllabus explains
that there will be questions from current affairs only and spread over
for one year from March 2011 to March 2012 but questions outside
this span of time are being asked in the question paper. It leaves no
room for any question from the subjects like the questions which
petitioner has mentioned in this petition.
D. Because this Hon’ble court has categorically held in the case of Sujit
Saurabh v. High Court of Delhi & Anr, W.P. (c) 8028/2008 that the
entrance test should be confined to the syllabus provided by the exam
conducting body. The relevant portion of the judgment is reproduced
below for convenience:
“we are of the opinion that the use of the word ‘and’ contradicts the
submission raised on behalf of the High Court of Delhi. Furthermore,
keeping in view the number of statutes mentioned in the instructions,
prima facie it would suggest that questions will be asked from within
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these statutes alone. Otherwise the comparatively comprehensive or
extensive enumeration would become otiose. After hearing Ld. Counsel
for the parties we direct that 26 questions, which all the Ld. Counsels
for the parties agree were beyond the syllabus, will stand deleted”.
Hence the question paper beyond syllabus renders the result void ab
initio.
E. Because again this Hon’ble Court has specifically held in the case of
Gunjan Sinha Jain v. Registrar General, High Court of Delhi.
W.P. (C) 449/2012 that syllabus for competitive examinations should
be strictly followed. The relevant portion of the judgment is
reproduced below for convenience:
75. “ In view of the above discussion, the questions would fall into
three categories. The first being those questions where the answers
reflected in the Answer Key are correct. This category would include
all those questions which have not been discussed above (i.e., questions
in respect of which there was no challenge at the hearing) and
those questions in respect of which the answers shown in the Answer
Key have been found to be correct by us. The second category
comprises of those questions in respect of which the option shown
to be correct in the Answer Key is incorrect and instead another
option as determined above is correct. The third category of questions
covers (1) questions out of syllabus; (2) questions in respect of which
the answer in the Answer Key is debatable; (3) questions in respect of
which there are more than one correct option; (4) questions in respect
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of which none of the options is correct; and (5) questions which are
confusing or do not supply complete information for a clear answer.
76. “As regards the first category, no change in the Answer Key is
required. The Answer Key in respect of the second category of
questions would have to be corrected and the OMR answer sheets
would have to be re-evaluated. Insofar as the third category is
concerned, questions falling in this category would have to be
removed from the purview of the examination”.
F. Because it is the cardinal principle that meritorious student should be
declared qualified in entrance examinations but unfortunately due to
the mistake committed by the respondent, best candidates could not
qualify as the entire selection process became a matter of luck and
chance.
G. Because the anomalies seem to affect a large number of candidates
who had prepared for the examination as per the well defined syllabus,
petitioner seeks transparency in the selection process. It will have a
negative impact on the future prospects of the candidates.
H. Because asking questions beyond syllabus is arbitrary and illegal in as
much as normal candidates would prepare as per syllabus and failed
while as favoured few would prepare general knowledge questions of
History, Geography or Science of antiquity to qualify. Because the
respondent was entrusted to conduct an entrance exam for one of the
finest institutions for legal studies in the country, it was its pious duty
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to draft specific, pinpointed and clear question paper but unfortunately
it has failed miserably.
20. The petitioner craves leave to add, alter or amend any of the grounds
at the time of submission before this Hon’ble court.
21. The petitioner does not have any equally efficacious alternative
remedy available except to approach this Hon’ble court through this
writ petition.
22. The petitioner has not filed any other writ in this court or in any other
court including the Supreme Court of India.
Prayer:
In the circumstances as stated above it is humbly prayed that this Hon’ble
court may be pleased to:-
a) issue appropriate writ of Mandamus or any other appropriate writ,
direction or order, directing the respondent to revise the result
after correcting the wrong answers and deleting the questions which
were incomplete in nature and out of the syllabus and to prepare a
fresh result after setting right the anomalies and/or
b) issue appropriate writ, order or direction quashing the entire entrance
examination result and to conduct a fresh examination after strictly
following the syllabus.
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c) issue appropriate direction to restrain the respondent from proceeding
further with the counseling process till the pendency of the writ
petition.
d) Any other relief which this Hon’ble court may deem fit.
Prayed accordingly
PETITIONER
Through
COUNSEL
Place- Delhi ( R. K. HANDOO & ASSOCIATES)
Dated- 13.06.12 Flat # E, Front Block, Sagar Apt.
6 Tilak Marg, New Delhi-110001
PH: 23389062 (O) 23382048 (CH)
23386922 (fax)