Disposed

Shambhavi Pandey v. Common Law Admission Test and Ors.

Patna HC5 Jun 2013CWJC/11042/2013

Case brief

AI extract

What is this about?

The Patna High Court disposed of a PIL seeking permission for the petitioner to appear in CLAT-2013 due to postal delays. The court relied on an earlier order and the Convener's conduct, allowing provisional participation subject to Core Committee approval and potential admission challenges.

What did the court decide?

Petitioner permitted to appear in CLAT-2013 provisionally; relief limited to petitioner and subject to challenges and final approval.

Shambhavi Pandey Vs Common Law Admission Test and Ors. — Education and Admissions | Patna HC (2013)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.11042 of 2013

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====================================================== Shambhavi Pandey, daughter of Sri Gaurav Pandey, 102 P.R.D.A. Apartment, Rajendra Nagar, Road No. 13, Patna 800016 .... .... Petitioner/s Versus 1. Common Law Admission Test (CLAT) 2013 through its Convener Hidaytulla National Law University, Post Uparwara, Abhanpur, New Raipur-493661(Chhattisgarh) 2. The Convener, Hidaytulla National Law University, Post Uparwara, Abhanpur, New Raipur-493661(Chhattisgarh) .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Pushkar Narain Shahi, Sr. Advocate : Mr. Mritunjay Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE V.N. SINHA ORAL ORDER

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2 05-06-2013 Heard learned counsel for the petitioner.

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Considering the urgency of the matter this petition is disposed of in the light of the earlier order of the High Court no. 3 dated 30.04.2013 passed in C.W.J.C. No. 8260 of 2013, Annexure-1, and the subsequent conduct of the Convener Implementation Committee, Hidaytulla National Law University, Raipur, who having received aforesaid order no. 3 dated 30.04.2013 permitted the petitioner to appear in the Common Law Admission Test (CLAT) under order dated 6.5.2013, Annexure-3 observing as follows :

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“In view of para Sl. No. 11 of the petition, the Hon’ble High Court is requested to ensure as under :-

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That due to this petition, any process of CLAT-2013

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Patna High Court CWJC No.11042 of 2013 (2) dt.05-06-2013

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(including the conduct of the test, preparation and declaration of the results and allotment of seats) is not adversely affected in any way and

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That the relief given through the present petition be deemed to be limited to the petitioner only and it should not be treated as a rule for others whose application forms for one reason or the other could not reach us on or before the last date prescribed for the receipt of the application forms.”

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Further observation made in the aforesaid order dated 6.5.2013 is as follows :-

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That if any financial loss or any loss to the reputation and goodwill of the CLAT-2013 or Hidayatullah National Law University is caused due to the compliance of the Hon’ble High Court’s order, then the postal department should be held responsible for such loss and the postal department be directed to suitably compensate CLAT-2013/Hidayatullah National Law University, Raipur for the same.

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That the issue of the Admit Card for the purpose of appearing in the CLAT-2013 is provisional and is subject to the final approval thereof by the Core Committee, CLAT-13.

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It appears from perusal of the order of the High

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Court dated 30.04.2013 that the High Court passed order dated

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Patna High Court CWJC No.11042 of 2013 (2) dt.05-06-2013

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30.04.2013 placing reliance on the corrigendum issued by the authorities of the Convener Implementation Committee dated 23.04.2013, 24.04.2013 which was issued for those applicants whose application form has reached the authorities of the Convener Implementation Committee before the last date for receipt of the application form but were defective. So far petitioner is concerned, her application could not reach the authorities of the Convener Implementation Committee on account of postal vagaries. The corrigendum does not speak about those whose application could not reach the authorities on account of postal vagaries, as such, perhaps the corrigendum dated 23, 24.04.2013 was not applicable to the petitioner and on such ground the Convener Implementation Committee having received the order of the High Court dated 30.04.2013 instead of seeking clarification in terms of the liberty granted by the High Court itself passed order dated 6.5.2013. Convener Implementation Committee having not sought any clarification from the High Court and permitted the petitioner to appear in the Common Law Admission Test (CLAT), may be provisionally is required to publish the result and to allot the petitioner the appropriate Law University as per her position in the merit list. It is, however, observed in the light of the precaution taken by the Convener Implementation Committee while issuing

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Patna High Court CWJC No.11042 of 2013 (2) dt.05-06-2013

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order dated 6.5.2013 to provisionally permit the petitioner to appear in the test subject to the final approval by the Core Committee it is observed that in case petitioner is granted admission on the basis of her result, such admission will be subject to the challenge made by any other candidate on the ground noted in this order as also any other ground which the challenger may be entitled to invoke.

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This petition is, accordingly, disposed of.

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(V.N. Sinha, J)

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Rajesh/-

Shambhavi Pandey v. Common Law Admission Test and Ors.

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Shambhavi Pandey v. Common Law Admission Test and Ors.

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