COVID-19 +ve & symptomatic CLAT applicants who missed the exam move to SC to request further test
Three students who were not permitted to complete the Common Law Admission Test (CLAT 2020) on the basis of positive tests for COVID-19 or on the basis of signs of the disease have moved the Supreme Court to request a supplementary review for them. Additionally, the petitioners urged the Court to order the CLAT body not only to refund the examination fees and other monies, but also to offer damages for the failure of the academic year.
These students moved to the Supreme Court, following the notification released by the Consortium of National Law Universities on 23 September that symptomatic candidates would be required to write the exam in isolated rooms in the exam centres.
However, the situation was consequently revised, and the applicants alleged that COVID-19 positive candidates had not been able to take the examination conducted on 28 September.
As a result of this change of status, the students requested guidance from the Supreme Court to the Consortium to perform a supplementary test for them as well as for other related applicants.
The petition cites the judgement of the Supreme Court which overturned the notification by NLSIU Bangalore of a separate entrance test. It is noted that, in that decision, the Apex Court also ordered the Consortium to hold CLAT on 28 September with all necessary safety measures in place, in accordance with the Normal Operating Procedure of the Ministry of Health and Family Welfare and other guidelines.
This petition is filed through Advocates Shagufa Salim, Vinay Kumar and SumitChander.
The Supreme Court had previously allowed the applicant who was a positive COVID-19 to write the entrance exam on the scheduled date and directed the CLAT body to make provision for the applicant's isolation centre.
While doing so on the day of the examination, the Court explained that the relief was unique to the claimant alone and did not have any effect on any other claimant or student.