SC allows suspected covid-19 positive aspirant to take CLAT exam in an isolation room
Today, the Supreme Court allowed a COVID 19 infected applicant to appear in the CLAT 2020 entrance exam. The petition was filed by COVID-infected CLAT candidate Deepanshu Tripathi.
A division bench of Justices Ashok Bhushan, R Subhash Reddy and MR Shah clarified that only the interested candidate, who has approached the court through the said instant application, will be allowed to avail the facility and take the examination. The court said that the applicant would give a copy of the order to the authorities so that he would be allowed to take the examination.
Justice Bhushan said, The time is very short. We will direct you to be allowed to take the exam. Advocates Garima Prasad and Sumit Chandra were present on behalf of the applicants. Chandra told the court that not only one or two COVID infected students, but many other students, who had also sought to appear in the CLAT examination, have urged the court to pass a general order for their benefit.
However, the court refused to pass the general order, saying there was a shortage of time and the examination was to be conducted.
Justice Shah said, You worry about yourself, why are you worrying about others?
The applicant gave the judgment given by the Supreme Court on 21 September 2020 in Rakesh Kumar Aggarwal and others v. National Law School of India University, Bengaluru and others. The CLAT consortium’s verdict, in which they barred COVID-19 infected candidates from appearing in the examination, sought clarification.
The CLAT consortium stated that it would not be able to give COVID-19 infected candidates separate rooms at examination centers, as promised earlier. There was a provision in the admit card issued for the examination that separate rooms / centers will be provided to COVID infected students.
According to the latest order of the CLAT Consortium, candidates who have been found to be COVID-19 infected and under medical supervision will not be allowed to appear for the CLAT 2020 examination on 28 September 2020.
The applicant had alleged that “the sudden change in the attitude of the Consortium of National Law Universities has denied the application of the fundamental right to equality conferred under Article 14 of the Constitution”. The applicant relied on the statement of Mr. Sudhir Krishnaswamy, Vice Chancellor of NLSIU, Bangalore, informed on July 9, 2020, that the health and safety protocols at the test centers will be followed by ‘highest standards’. He also stated that the consortium has classified all the centers into ‘common test rooms’ and ‘isolation rooms’. The petition has been filed by Advocate Garima Prasad and Advocate Sumit Chander and Advocate Vinay Kumar.
By Priya Kumari
