#CLAT2018: Delhi HC Disposes Of Petition As Withdrawn As ABVP Seeks Liberty To Approach SC

#CLAT2018: Delhi HC Disposes Of Petition As Withdrawn As ABVP Seeks Liberty To Approach SC

The process of wrapping up petitions pertaining to CLAT-2018 has begun as the Delhi High Court on Thursday, in the petition filed by the Akhil Bhartiya Vidyarthi Parishad (ABVP) and two other petitioners, disposed of the matter as withdrawn with express liberty to the petitioners to approach the Supreme Court on larger issues pertaining to a deeper look into the affairs of the conduct of CLAT.

Appearing for the petitioners, Advocate Namit Saxena submitted: “As an officer of the Court, I must bring to notice of this Hon’ble Court that the Supreme Court is currently seized of an identical matter and has restricted all the High Courts from proceeding further in the matter. The larger issues in our writ petition however still demand a consideration and the matter may, therefore, be adjourned so that the Supreme Court may render the final order.” To this, Justice Rekha Palli said judicial discipline commands that once the Supreme Court is hearing the matter and has passed orders regarding the same, including restricting high courts from proceeding further, she has to dismiss the petition. Advocate Saxena responded that the petition before the Supreme Court is on different grounds and the instant petition involves prayer on larger issues of establishing a dedicated body for conducting CLAT every year. Justice Rekha Palli, however, declined the plea and said the petitioners could approach the Supreme Court for any further relief but the high court was unable to keep the matter pending in view of the pendency of identical issues before the Supreme Court.

The counsel appearing for Union of India and Advocate Karthik Ashok, appearing for the CLAT committee and NUALS, did not object to the same. The petition was, therefore, dismissed as withdrawn with liberty to approach the Supreme Court for appropriate relief.

The ABVP, along with one candidate who appeared for CLAT UG and another law graduate who appeared for CLAT PG, had filed the petition challenging CLAT- 2018 against its “inconsistent, negligent, sub-standard and inefficient implementation”. The Delhi High Court had on 22.05.2018 issued notice to the respondents.a