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Supreme Court Refuses To Entertain Law Student's Plea In Relation To KSLU Exams & Classes

Sohini Chowdhury
7 Jan 2022 8:44 AM GMT
Supreme Court Refuses To Entertain Law Students Plea In Relation To KSLU Exams & Classes
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On Friday, the Supreme Court dismissed a Writ Petition seeking a declaration that the completion of course in legal education is a fundamental right. The Apex Court clarified that questions like when and how to conduct examination cannot be addressed by it in exercise of its writ jurisdiction. Upon hearing the Petitioner-in-person, who is a law student enrolled with the Karnataka...

On Friday, the Supreme Court dismissed a Writ Petition seeking a declaration that the completion of course in legal education is a fundamental right. The Apex Court clarified that questions like when and how to conduct examination cannot be addressed by it in exercise of its writ jurisdiction.

Upon hearing the Petitioner-in-person, who is a law student enrolled with the Karnataka State Law University, a Bench comprising Justices Sanjay Kishan Kaul and M.M. Sundresh was not inclined to enter his Petition in exercise of Article 32 of the Constitution. However, the Bench kept it open for the Petitioner to get his grievances resolved by pursuing appropriate remedies in accordance with law.

"We are not inclined to exercise jurisdiction under Article 32 of the Constitution. Dismissed. If the Petitioner has grievances he can work out his remedies in accordance with law."

At the outset the Petitioner-in-person submitted that the Writ Petition under Article 32 was filed seeking a declaration that completion of course in legal education is a fundamental right.

"Your Lordship, my petition is regarding declaring completion of course in legal education as a fundamental right. I am a law student."

Not convinced that the remedy sought by the Petitioner can be granted in exercise of Article 32 jurisdiction, the Bench remarked -

"Because you have become a law student does not mean you start showing your legal prowess by filing petitions. You come in a 32 petition saying when exam has to be held, how it should be held, it should not be delayed in Covid time. Is this a 32 petition for us to entertain in the Supreme Court."

The Petitioner asserted that the Respondent University had neither provided for classes nor examination in the last six (6) months and the same is a clear violation of his fundamental right as protected under Article 21 of the Constitution.

"Actually, my course did not happen - neither examination nor classes for last six months. It is violative of Article 21."

A similar challenge was mounted before the Karnataka High Court, wherein the notification of the Karnataka State Law University deciding to hold exams for 2nd and 4th Semester students in LLB 5 years course was assailed. By order dated 23.12.2021, the Karnataka High Court had dismissed the petitions.

[Case Title: Somanatha Kammath A.V. v. Karnataka State Law University; W.P.(C) No. 1354 of 2021]

Click Here To Read/Download Order


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