SC Allows A COVID19 Infected CLAT Aspirant To Take Exam At An Isolation Centre [Read Order]

The Supreme Court on Monday permitted an applicant who was COVID19 infected to appear in the CLAT 2020 entrance exam scheduled today.

A bench of Justices Ashok Bhushan, R Subhash Reddy & MR Shah made it clear that only the aspirant who had approached the Court vide the said urgent application shall be permitted to avail the facility and take the exam. The court said that the applicant shall provide a copy of the order in the instant case to the authorities so as to be able to take the exam.

"There is very little time. We'll direct that you be allowed to take the exam," said Justice Bhushan while adding that the applicants must strive to serve the Consortium before 12 PM today so that adequate arrangements can be made.

Advocate Garima Parshad and Sumit Chandra appeared for the applicants.

Chandra told the Court that there were not just 1-2 Covid19 infected aspirants who were aspiring to take the CLAT Exam but a couple of others and urged the Court to pass a general order for their benefit as well.

"They (the Consortium) had said so in their SOPs," argued Chandra.

However, the Court was not inclined to pass a general order, stating that there was paucity of time and the exam had to be conducted.

"You worry about yourself, why worry about others?," said Justice Shah.

The plea was filed by a Covid positive CLAT aspirant, Mr. Deepansh Tripathi.

The Applicant sought clarification to the judgment [Rakesh Kumar Agarwalla and Anr. v. National Law School of India University, Bengaluru & Ors.] passed by the Supreme Court on 21 September 2020 and order of the CLAT Consortium in regard to denial to appear in CLAT exams to aspirants suffering from Covid-19 by not providing isolation rooms at the exam centres for COVID-19 positive aspirants, as promised earlier. (Admit cards have been issued with a provision that isolation rooms/centres will be provided to Covid positive students.)

As per the latest order of the CLAT Consortium, the candidates who have tested positive for COVID-19 and are under medical surveillance will not be permitted to take the CLAT 2020 examination scheduled to be held on 28 September 2020. The applicant alleges and submits that:

"the sudden change in the stand of the Consortium of National Law Universities has deprived the applicant of his fundamental right under Article 14 of the Constitution of India to be treated as an equal and be given opportunity to appear in the examination on 28.09.2020 which otherwise he was well entitled to like any other student."

The applicant has relied to the statement by the Vice-Chancellor of NLSIU, Bangalore, Mr. Sudhir Krishnaswamy which was reported by LiveLaw on July 9, 2020, where he has assured that:

"the health and safety protocols that will be followed at the test centers will be of 'highest standard'. He has also informed that the Consortium has classified all centers into 'general testing rooms' and 'isolation rooms'."

The Petition has been filed by Advocate Garima Prashad and Advocate Sumit Chander and Advocate Vinay Kumar

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