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NA

Judges
  • A.M. Khanwilkar
  • Indu Malhotra, JJ.
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Citation Codes
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citation codes
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Disposition

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Judges
  • A.M. Khanwilkar
  • Indu Malhotra, JJ.
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Smart Summary

Factual and Procedural Background

During the hearing of multiple writ petitions concerning alleged irregularities in the conduct of the Common Law Admission Test (CLAT) 2018, the Court noted numerous complaints submitted by candidates. In response to observations made by the Bench, Respondent Nos. 2 and 3 agreed to constitute a two-member Grievance Redressal Committee chaired by retired Kerala High Court judge Mr. Justice M.R. Hariharan Nair, with Dr. Santhosh Kumar G., Professor and Head, Department of Computer Science, Cochin University of Science and Technology, as member. The Committee is mandated to examine both existing and new online representations within strict timelines and to submit status reports to the Court. An interim stay on similar proceedings pending before various High Courts remains in force.

Legal Issues Presented

The opinion addresses a procedural matter and does not frame distinct legal issues.

Arguments of the Parties

The opinion does not contain a detailed account of the parties' legal arguments.

Table of Precedents Cited

No precedents were cited in the provided opinion.

Court's Reasoning and Analysis

The Court accepted the respondents’ proposal as an effective, immediate remedy for the large volume of candidate grievances and set out a detailed process for implementation:

  • Constitution of Committee: A Grievance Redressal Committee chaired by a retired High Court judge is to examine all complaints.
  • Phase 1: Existing complaints, including those raised in writ petitions before this Court and various High Courts, must be scrutinised and a report prepared by 29 May 2018.
  • Phase 2: New online complaints received up to 7:00 p.m. on 27 May 2018 are to be analysed on the same lines, with a status report also by 29 May 2018.
  • Acknowledgement Mechanism: Respondents undertook to acknowledge new complaints contemporaneously and to create a dedicated email account for this purpose, publicised on the official CLAT website within two hours.
  • Wider Applicability: The order expressly benefits petitioners before different High Courts, and the interim stay on those proceedings continues.

The Court commended the respondents’ “fair stand” and maintained supervisory control by fixing the next hearing for 30 May 2018, when the Committee’s reports are to be produced.

Holding and Implications

ORDER: The Court formalised the establishment of the Grievance Redressal Committee, set definitive timelines for redress, continued the interim stay on related High Court proceedings, and listed the matter for further hearing on 30 May 2018.

Implications: The order provides an expedited administrative pathway for aggrieved CLAT 2018 candidates and temporarily consolidates judicial oversight in the Supreme Court. It does not purport to lay down new substantive precedent.

Show full summary ...

    Disha Panchal Petitioner(S) v. Union Of India (S)

    1. In deference to the observations made by the Court during the course of hearing yesterday, Respondent Nos. 2 and 3 have graciously agreed to constitute a Grievance Redressal Committee consisting of a retired Judge of the Kerala High Court, Mr. Justice M.R. Hariharan Nair, Dr. Santhosh Kumar G., Professor and Head, Department of Computer Science, Cochin University of Science and Technology. The Committee will be chaired by Mr. Justice M.R. Hariharan Nair who will examine every singular representation/complaint received online till now and any further representation/complaint received till 7.00 p.m. of Sunday, 27 May, 2018 and after due analysis, appropriate decision on case to case basis will be taken by the Committee.

    2. In the first phase, the representations/complaints already received and of all the writ petitioners before this Court as well as different High Courts may be scrutinized and appropriate report/recommendation/decision thereon be recorded by the appropriate authority before 29 May, 2018 to be produced before the Court on 30 May, 2018.

    3. In the second phase, new/fresh representation/complaints received online upto 7.00 p.m. of Sunday, 27 May, 2018 be taken up for consideration and, if possible, the scrutiny thereof be completed on the same lines as indicated above up to 29 May, 2018 and status report in that behalf be filed before the Court on 30 May, 2018.

    4. Learned counsel for Respondent Nos. 2 and 3 submits that as soon as fresh/new representations/complaints are received online, attempt will be made to acknowledge the same contemporaneously as far as possible.

    5. We appreciate the fair stand taken by learned counsel for Respondent Nos. 2 and 3 to offer dispensation of this nature within such a short time.

    6. Learned counsel for Respondent Nos. 2 and 3 submit that a dedicated email account will be created for this purpose of which publicity will be given on the official website of CLAT and will be notified on the official website very shortly within two hours from now.

    7. We make it clear that this order will also enure to the benefit of the writ petitioners who have filed writ petition in different High Courts.

    8. Interim stay regarding proceedings pending before different High Courts will continue to operate till the next date of hearing.

    9. List the matters on 30 May, 2018.

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    Comments

    Disha Panchal Petitioner(S) v. Union Of India (S)
    (May 25, 2018)