How BCI Certified NLU Tripura If There Were No Buildings & Faculty? Supreme Court Baffled

The Supreme Court, on Monday, issued notice to the Bar Council of India in a plea seeking to quash directions passed by the National Law University, Tripura to cancel the admission process initiated for the Academic session 2022-23.

A Bench comprising Justice S.K. Kaul, Justice Manoj Misra and Justice Aravind Kumar impleaded Bar Council of India (BCI) as a party to the present proceedings on the basis of the fact that it had granted recognition to NLU, Tripura even though it does not seem to have faculty and infrastructure in place. Accordingly, the Bench recorded in the order -

“We also fail to appreciate how the university was certified by BCI if neither are there any faculty nor are there any buildings. We find it appropriate to implead BCI as a party in this petition. Let notice be issued to BCI.”

When the Bench was apprised by the Counsel for the petitioner that BCI has granted recognition to NLU, Triupura, Justice Kaul was baffled that an institution that has been certified by the BCI does not have faculty or even a building. In this context he enquired -

“Is it not that recognition is given after infrastructure and all is checked up?”

The petitioner, inter alia, seeks for quashing of the Order dated 19.12.2022 issued by the National Law University, Tripura, Agartala cancelling the admission process initiated for the Academic session 2022-23 pursuant to the communication dated 16.12.2022 of the Director of Higher Education Department, Govt of Tripura. The petitioners have also sought for quashing the communication dated 16.12.2022 of the Director of Higher Education Department, Govt of Tripura wherein the department has raised the issue of state domicile quota in the admission process. The Counsel for the petitioner argued that though in the communication to the candidates the reason provided for not proceeding with the admission process was lack of State domicile quota, in the counter affidavit filed by NLU, Tripura before the Apex Court, the reason stated is lack of faculty and infrastructure.

Senior Advocate, Mr. Maninder Singh appearing on behalf of the NLU argued that after the provisional admission letters were issued, a review meeting took place wherein it was decided not to act upon the provision letter ‘in the absence of state domicile quota and in the absence of faculty’.

A concerned Justice Kaul asked the Senior Counsel, “What will these people do?”

Mr. Singh responded, “These are all who were in the waiting list after the CLAT list was exhausted. They did not have a chance to get admission anywhere as the process was over long ago.”

The Counsel appearing on behalf of CLAT added that the institute is not a part of the admission process conducted through CLAT. Once the admission through CLAT was over, the candidates who did not get admission were being considered by NLU, Tripura on the basis of their CLAT score.

The Judge noted that even if it is true that the concerned candidates would not have gotten admission in any other institutions, NLU, Tripura had raised their expectations by providing the provisional admission letters. He indicated that it is very unfortunate that the institution is now going back on its words.

“You raised the expectations of people. Very unfortunate. You tell them that you are going to accommodate them, all of a sudden you pull the carpet from under their feet.”

He recorded in the order -

“...the question remains that expectations have been raised….This is hardly how a NLU should be running.”

Considering the variance in the reasons provided in the communication sent by the NLU to the candidates and the counter affidavit filed before the Court, Justice Kaul remarked -

“Mr. Maninder Singh, it is very very fishy. Not evoking confidence at all.”

The Bench directed the Registrar of NLU, Tripura to remain present in court with all records duly flagged, on the next date of hearing.

In a plea filed by another similarly situated candidate, and through Advocate, Mr. Neeraj Shekhar, the Bench issued notice and it was tagged with the present matter.

Background

The timeline for the admission process for the academic year 2022-23, as contended by the petitioners in the writ petition, is as follows:

The National Law University Tripura, vide Advertisement dated 10.10.2022 Invited online applications for admission, on the basis of CLAT- 2022 score, interalia in its first batch of five years integrated B.A.LL.B. (Hons.), the total seats of which is 60 besides the Master of Laws (LL.M.) course.

It is important to note that in the notification, the reservation quotas as per the existing Government policies were properly made. The aspect of domicile, however, was not mentioned. The last date of receiving the application by email was 22.10.2022.

Two days later, Smt. Draupadi Murmu, the President of India laid down the foundation stone of the said University. The petitioners also filed their application form for admission in the University.

Upon notification dated 24.10.2022 issued in this regard, the University on 29.10.2022, issued list of 60 shortlisted candidates on the basis of CLAT score of the year 2022 for admission for the course of BALLB in the academic year 2022-23. Subsequently, the University also released the waiting list of candidates.

On 08.11.2022, the academic calendar for the year 2022-23 was also published on the website and accordingly further schedule was released.

The respective deadlines for deposit of the fees was laid down. Accordingly, the petitioners as per their list and schedule, deposited the fees for their courses.

However, On 16.12.2022, the Director of Higher Education Department, Govt of Tripura sent a communication to the University raising the issue of state domicile quota in the admission process.

The University, in the situation where the admission process had been completed and where only where the classes were to start, vide notice dated 19.12.2022, arbitrarily cancelled the admission process initiated for the Academic session 2022-23 on the ground of want of state domicile quota pursuant to said communication dated 16.12.2022 of the department and thereby directed for refund of fees.

The Petitioners made representations to the Chief Justice of the High Court of Tripura at Agartala who is also the Chancellor of the University, thereby protesting against the abrupt and arbitrary cancellation of the admission in the academic year 2022 - 23, however, the petitioners allege that no action has been taken so far.

The main petition has been filed through Advocate Yadav Narender Singh.

[Case Title: Somya Sanjay And Ors. v. National Law University Tripura Agartala And Ors. WP(C) No. 41/2023]

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