Conducting CLAT In English Can't Be 'Entry Barrier' For Students Instructed In Other Languages: Delhi High Court Orally Observes

The Delhi High Court on Wednesday emphasized that the language in which Common Law Admission Test (CLAT) entrance examination is conducted i.e. English cannot be an entry barrier for students who are instructed in other regional languages. A division bench comprising Acting Chief Justice Vibhu Bakhru and Justice Tushar Rao Gedela was hearing a public interest litigation seeking a direction that CLAT exam be conducted not only in English but also in other regional languages, as mentioned in the eighth schedule of the Constitution of India.“It is necessary to emphasize that the language in which the entrance exam to national law universities (CLAT) is conducted cannot be a barrier for students who are instructed in other languages. To that extent, the petitioner has highlighted the issue that conducting the entrance exam in regional languages in some sections may be necessary for larger inclusion,” the Court said. However, the Bench added that it was conscious of the fact that the manner in which the exam is conducted is a matter of policy making and Courts do not enter an area of policy makers. Senior Advocate Siddharth Aggarwal appeared for the Consortium of NLUs, the body which conducts CLAT examination. “The only request is that you must be aware of the shift that is happening for introducing vernacular languages, Hindi in particular. It is still the national language of this country. You have now judgments of the Supreme Court which are translated in Hindi,” ACJ Bakhru told Aggarwal. At the same time, the judge also told petitioner's counsel that while the Court was accepting the contentions raised in the matter, it cannot issue a mandamus on the issue as the same pertains to matter of policy making. “We are ad item with you. We agree with you. But the policy makers are alive to this issue…. The issue has to be decided by the policymakers,” the Court remarked. As Aggarwal said that there are various problems which would be faced by the Consortium in order to enable conducting the exam in regional languages, the Court remarked, “We understand your problem… Today there is a vast body of law and jurisprudence. There may be an interpretation problem you'll have to face but that is the barrier you'll have to overcome.”“Your paper will evaluate students. How will you evaluate a person instructed only in Bengali? You're an evaluating body to determine on the basis of a test for admission to NLUs. Your entrance exam is an entry to law. If we are hearing from you that you cannot evaluate a student who is educated in regional language then that is a problem. Then we will have to interfere,” ACJ Bakhru further told Aggarwal. He further said, “This argument that your exam will be a barrier in law (for those instructed in regional languages) we are finding it prima facie wrong. Give us a road map how this will be done. We don't want to thrust something on you but if this is working as an entry barrier for student…. If a student doesn't measure up to your exam, he may not clear the exam. We are talking about entry. You're not even allowing the student to measure up.”The Court then asked Aggarwal to come up with a road map indicating the further plan as to how and when the exam can be conducted in languages other than English. “We may not have the capability to measure up all other nuances you may have. It must come from you, how and when you'll do it. We only want a road map that in this year it will be done. Otherwise we're making it clear that we have no desire to interfere in policy making and how you conduct your business. We anyway have great reservations in going there but it can't be that language becomes a barrier for students who are not instructed in that medium,” ACJ Bakhru said. Aggarwal sought time to take further instructions in the matter as to how it would be assured that the entrance exam does not serve as a barrier for students instructed in other languages. The matter will now be heard in March. Earlier, the Consortium of NLUs expressed reluctance in conducting CLAT in regional languages. It said translating AIBE exam is easy but CLAT exam involves "much more issues" in translation. On the other hand, BCI said conducting CLAT in regional languages will give opportunities to more citizens to pursue law as a career.Case Title: SUDHANSHU PATHAK v. CONSORTIUM OF NATIONAL LAW UNIVERSITIES THROUGH SECRETARY & ORS

Conducting CLAT In English Can't Be 'Entry Barrier' For Students Instructed In Other Languages: Delhi High Court Orally Observes

Nupur Thapliyal

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