1

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

DISTRICT: Gandhinagar

SPECIAL CIVIL APPLICATION NO. 7742 OF 2012

IN THE MATTER OF:

Articles 226 & 227 of the Constitution

of India

AND

IN THE MATTER OF:

The Gujarat National Law University

Act, 2003 and

the Gujarat National Law University

Regulations, 2009

AND

IN THE MATTER OF:

Arbitrary denial of admission

IN THE MATTER OF:

Donnie Ashok,

aged about 19 years,

R/o H-63, Baishnabghata Patuli Township,

Kolkata – 700094, West Bengal … Petitioner

VERSUS

1. Gujarat National Law University

(Notice to be served through)

Registrar, Gujarat National Law University,

Attalika Avenue,

Knowledge Corridor,

Koba, Gandhinagar - 382007 (Gujarat)

2

2. The Convener,

Common Law Admission Test 2012 (CLAT-2012),

National Law University,

Jodhpur, NH-65, Nagour Road, Mandore, Jodhpur - 342 304

(Notice to be served through)

Registrar, National Law University,

Jodhpur, NH-65, Nagour Road,

Mandore, Jodhpur - 342 304. (Rajasthan) … Respondents

TO

THE HON’BLE CHIEF JUSTICE AND

HIS COMPANION JUDGES OF THE HON’BLE

HIGH COURT OF GUJARAT AT AHMEDABAD

The humble petition of

the petitioner above named

MOST RESPECTFULLY SHOWETH:

1.That the Petitioner has been constrained to approach this

Hon’ble Court by way of the present petition under its extra

ordinary jurisdiction under Article 226 of the Constitution of India,

being aggrieved by the illegal and arbitrary act of Gujarat National

Law University, Respondent No. 1 herein (hereinafter referred to as

“GNLU” for the sake of convenience), in refusing to admit him to

its five year B.A. LL.B. (Hons.) degree course, despite the

petitioner having secured an All India Rank of 427 in the Common

Law Admission Test conducted by the Respondent No. Though on

the basis of the aforesaid rank, the Petitioner had a legitimate

expectation to be admitted to the 5 year B.A., LL.B. (Hons.) degree

3

course at GNLU, Respondent No. 2, his admission has been

refused, stating, inter alia:

“GNLU will not be able to admit the candidate according to

the published information in CLAT brochure. The published

information was also approved by the Academic Council and

Executive Council who are competent body to decide in the

matter.”

2.The Petitioner prays, inter alia, for issuance of a writ of

mandamus, or a writ in the nature of mandamus, or such other writ

as may be issued by this Hon’ble Court directing the Respondents

to admit the Petitioner to the five year B.A. LL.B. (Hons.) degree

course at the GNLU, Respondent No. 1as a regularly admitted

student.

3. That the Petitioner is a citizen of India and a resident of H

63, Baishnabghata Patuli Township, Kolkata – 700094, West

Bengal, and seeks protection of his fundamental rights enshrined in

Part – III of the Constitution of India by way of the present petition.

The Petitioner may also be served through counsel, during the

pendency of the present proceedings.

4.GNLU, Respondent No. 1 is a body corporate established

under Gujarat National Law University Act, 2003, located within

the territorial jurisdiction of this Hon’ble Court and is therefore,

amenable to the extraordinary Writ Jurisdiction of this Hon’ble

Court under Article 226 of the Constitution of India. Respondent

No. 1, prior to 2008, used to admit students on the basis of an

entrance examination conducted by it. Respondent No. 2, has since

4

become a part of a consortium of Universities which have entered

into a Memorandum of Understanding, by which they have agreed

that a Common Entrance Test for their undergraduate and post

graduate degree courses in law by the name and style of

“COMMON LAW ADMISSION TEST” (hereinafter referred to as

“CLAT” for the sake of convenience) shall be conducted annually,

and admission of students in all the universities in the consortium

shall be on the basis of the results secured in CLAT. Copy of the

Memorandum of Understanding is enclosed herewith and marked

as Annexure – P/1. Each year, the administration of CLAT,

including the preparation of a rank list and allotment of seats in

various National Law Universities according to that rank list, is

conducted by a representative of one of the participating National

Law Universities designated the Convener of the Common Law

Admission Test. Respondent 3, having conducted CLAT during the

present year, would be amenable to the extraordinary Writ

Jurisdiction of this Hon’ble Court under Article 226 of the

Constitution of India insofar as its actions affect the allotment of

seats in the Gujarat National Law University, Respondent No. 2.

5.That the brief facts leading to the present Writ Petition are

as follows:

a. The Petitioner hails from an economically backward family

in the State of West Bengal. The Petitioner’s father has an

annual income of less than Rs. 2 lakh. Owing to severe

financial problems faced by his family, the Petitioner’s

schooling had been erratic and he had been undertaking

5

various odd jobs to earn a living. In Class 11, he was

expelled from his school for not being able to pay the fees.

b. Hearing about the programme ‘Increasing Diversity by

Increasing Access’ (IDIA) that helps students from

underprivileged backgrounds to secure admission to the

leading law colleges in India, the Petitioner appeared in the

IDIA Aptitude Test (a test conducted all over India to select

deserving underprivileged children that IDIA would

support). He secured the first rank in the IDIA Aptitude

Test and was admitted into the programme immediately.

IDIA paid the arrears of his school fees and helped him

resume his schooling, after persuading his Principal to re-

admit him to Class XII despite the delay. The Petitioner was

admitted sometime in the month of November and with the

support of IDIA, started preparing for his Class XII

examinations, although more than half the academic year

was over by then.

c. Despite his best efforts, Petitioner could not pass the I.S.C.

examination in 2011, due to paucity in time to prepare for

the same. The Petitioner repeated the Class 12 examinations

next year, on the basis of the support received from IDIA

and secured 56.25% aggregate. He also appeared in CLAT,

and secured an All India Rank of 427 in the General

category. More than 23 thousand students had appeared

in the test.

6

d. On 28.05.2012, the Respondent No. 3 on the basis of the

rank of the Petitioner, published his name in the list of

students selected for admission to the five year B.A. LL.B.

(Hons.) degree course in law at National University of

Study and Research in Law, Ranchi, on the website –

www.clat.ac.in. Thereafter, a revised list was published on

the said website by the Respondent No. 3, on 01.06.2012

and the Petitioner learnt that he had been selected for

admission to to the five year B.A. LL.B. (Hons.) degree

course in law at GNLU, Respondent No. 1. A true typed

copy of the relevant page of the Rank list is enclosed

herewith and marked as Annexure – P/2.

e. The Petitioner thereafter, visited the website of GNLU,

Respondent No. 1 to apprise himself of the admission

formalities, and learnt that he was required to complete the

payment of fees and registration formalities directly with

GNLU, Respondent 1, on or before June 9, 2012.

f. The Petitioner noticed that the website of GNLU,

Respondent No. 1 as well as the brochure supplied by

Respondent No. 1 along with the CLAT admission form,

stated that “Candidates passing HSc/10+2/equivalent exam

by re-take/more than one attempt/special permissions, are

not eligible.” Copy of the relevant page of the brochure

supplied by Respondent No. 2 is enclosed herewith and

marked as Annexure – P/3.

7

g. The aforesaid criteria for ineligibility was peculiar to

GNLU, Respondent No. 1 and the Petitioner noticed that

such a restriction was not imposed by any other university

in the consortium of universities who admitted students on

the basis of the results in CLAT. The Petitioner therefore

contacted the Director of GNLU, Respondent No. 1 on

03.06.2012 apprising him of this aspect and requested that

he be admitted to the 5 year BA LL.B. (Hons.) degree

course. Copy of the email dated 03.06.2012 is enclosed

herewith and marked as Annexure – P/4.

h. On June 4, 2012, the Petitioner received a reply to the

aforesaid electronic mail stating that his request was under

consideration. This electronic mail is enclosed herewith and

marked as Annexure – P/5.

i. As the deadline for admissions was fast approaching and

there was no response forthcoming, the Petitioner requested

Professor Shamnad Basheer, Ministry of Human Resources

Development Chair Professor of Law at the West Bengal

National University of Juridical Sciences, Kolkata and the

Managing Trustee of IDIA to correspond with the Director

of GNLU, Respondent No. 1 and request him to consider

the case of the Petitioner. Prof. Shamnad Basheer, sought

legal advice and corresponded with the authorities at

GNLU, Respondent No. 1 telephonically and also by

electronic mail dated June 8, 2012. Copy of the electronic

8

mail dated June 8, 2012 is enclosed herewith and marked as

Annexure – P/6.

j. On June 8, 2012, Prof. Basheer was informed via telephone

by GNLU, Respondent No. 1 that his request had been

forwarded to Mr. Thomas Mathew, Assistant Professor of

Science and Technology, heading the admissions committee

for consideration. Prof. Basheer also corresponded with Mr.

Thomas Mathew over telephone and was informed that

admission could not be granted as the Brochure had the

effect of amending the Gujarat National Law University

Regulations, 2009 as Executive Council, Academic Council

and General Council of the Respondent No.2 had approved

the contents of the Brochure. Prof. Basheer requested for

copies of the minutes of the relevant meetings of the

Executive Council, Academic Council and the General

Council of GNLU, Respondent No. 1and the same were

supplied to him forthwith. Copies of the said minutes are

enclosed herewith and marked as Annexure - P/7 (Colly).

k. On June 8, 2012, Prof. Basheer was informed by GNLU,

Respondent No. 1, by electronic mail, that the Petitioner

would not be admitted to the 5 year B.A. LL.B. degree

course at GNLU. Copy of the said electronic mail is

enclosed herewith and marked as Annexure – P/8.

6.The Petitioner immediately proceeded to Gandhinagar,

Gujarat carrying copies of all the aforesaid emails, including

9

correspondences with Prof. Basheer which had been forwarded to

him with a hope to persuade the university authorities to change

their mind. A demand draft for the fees to be deposited at the time

of admission, sponsored entirely by IDIA, had been directly sent to

the GNLU, Respondent No. 1by the authorised representative of

IDIA, from Kolkata. On June 8, 2012, the Petitioner presented

himself in person at the admissions desk at GNLU, Respondent No.

1with a final request for considering his application for admission.

GNLU, Respondent No. 1 refused to accept his application form

and supporting documents, stating that they were not inclined to

reconsider their decision to not admit him.

7.Thus to the utter shock and surprise of the petitioner and his

sponsor, the GNLU refused to admit the petitioner on the ground

that the petitioner was ineligible for admission to GNLU having

passed HSSC exam at the second attempt , and was told to seek

admissions to other National Law Universities (all of which admit

repeaters and second attempt candidates on the basis of the CLAT

score and merit rank). Hence this petition. The question is whether

the petitioner is ineligible for admission to GNLU.

8.The Gujarat National Law University Act, 2003, section 41

provides that “No student shall be enrolled as a student in the

University, unless he possesses such qualifications as may be

prescribed by the regulations”. Under section 2 (g), “regulations’

means regulations made under this Act.”

9.Section 46 provides for making of Regulations. It reads as

follows:

10

46. (1) The Executive Council may make regulations consistent with the provisions of this Act to provide for the administration and management of the University.

(2) The Executive Council shall not make, amend or repeal any regulation affecting all or any of the following matters without the prior concurrence of the Academic Council,

(a) the determination of authorities for organising teaching relating to syllabus and academic programmes;

(b) the withdrawal of degrees, diplomas, certificates and other academic distinctions;

(c) the establishment and abolition of Faculties, Departments, and specialised schools centres of learning and research, and halls of residence;

(d) the institution and award of fellowships, scholarships, studentships, exhibitions, medals and prizes;

(e) conditions and modes of appointment of examiners, conduct or standard of examinations and course of study;

(f) modes of enrolment or admission of students; (g) examinations of other University to be recognised as equivalent to University examinations.

(3) The Academic Council may propose to the Executive Council to make regulations on all or any of the matters specified in clauses (a) to (g) and matters incidental or related thereto.

(4) Where the Executive Council has rejected any regulation proposed by the Academic Council, the Academic Council may appeal to the Visitor, and the Visitor may, by order, direct that the proposed regulation may be laid before the next meeting of the General Council for its approval and that pending such approval of the General Council, such regulation shall have effect from such date as may be specified in the order:

Provided that where the regulation is not approved by the General Council at such meeting, it shall cease to have effect.

(5) (i) All regulations made by the Executive Council shall be submitted to the General Council and to the Visitor for approval.

(ii) The General Council may, by resolution, approve the regulations.

11

(iii) The Visitor may approve the regulations and the regulation so approved shall remain in force till the date on which it is approved or disapproved by the General Council.

10. Regulations are framed with the following Preamble:

WHEREAS section 5 of the Gujarat National Law University Act, 2003 provides as under:

“The objects of the University shall be to advance and disseminate learning and knowledge of law and legal processes and their role in national development; to develop in the students and the research scholars a sense of responsibility to serve society in the field of law by developing skills in regard to advocacy, legal services, legislation, Parliamentary practice, law reforms and such other matters, to make law and legal processes efficient instruments of social development; and to promote inter-disciplinary study of law in relation to management, technology, international co-operation and development.”

AND WHEREAS the regulations of the University shall cater to the realization of the said statutory mandate;

AND WHEREAS the Executive Council is empowered to make regulations consistent with the provisions of Gujarat National Law University Act, 2003 to provide for the administration and management of the University;

NOW THERFORE in exercise of the powers conferred by section 46 of the Gujarat National Law University Act, 2003, the Executive Council makes the following regulations to provide for the administration and management of the Gujarat National Law University.”

11. Regulations Chapter IV 57 and 59 (do not exclude

repeaters and) read as follows:

Chapter IV

Admission, Fee Structure, Course & Curriculum

[See sections 8, 41, 42, 46 of the Act]

12

Regulation 57

Enrolment of students

(1) No student shall be eligible to enrolment in the Undergraduate Programme of the University unless he has passed the Higher Secondary School Certificate Examination conducted by the Gujarat Secondary Education Board or an examination considered by the University as equivalent thereto. Students who have obtained a first degree from a UGC recognized University shall be entitled to take admission, subject to passing of the CLAT.

(2) LL M.---------

(3) Ph. D.--------

Regulation 58

Courses

(a) The University shall offer following degree courses:

a. Bachelor of Arts – BA, LLB (Honours)

b. Bachelor of Commerce, B.Com, LLB (Honours)

c. Bachelor of Science, B.Sc, LLB (Honours)

d. LL.M (Master of Laws)

e. Ph.D (Doctor of Philosophy)

(b) The University may award a degree of LL.D (Doctor of Laws) to a person who has made special contribution, as determined by the Academic Council, to the enhancement of knowledge and critical understanding on the existing knowledge, by way of undertaking research studies or quality publications.

(c) The University may offer full-time/part-time or distant courses at post-graduate diploma and certificate level in law and related subjects in accordance with the guidelines prescribed by the Academic Council.

Regulation 59

Admission & Fees

(1) Undergraduate Programmes

(a) Admission Criteria and Procedure for Admission criteria and procedure for Undergraduate programmes of the University shall be as follows:

13

(1) Admission to the University shall be purely on the basis of merit, mainly assessed through a Common Law Admission Test.

(2) The CLAT will be conducted annually and admission at the following law universities shall be governed by the CLAT.

(a) National Law School of India University, Bangalore (NLSIU)

(b) NALSAR University of Law, Hyderabad (NALSAR, Hyderabad)

(c) National Law Institute University, Bhopal (NLIU, Bhopal)

(d) The West Bengal National University of Juridical Science, Kolkata (WBNUJS, Kolkatta)

(e) National Law University, Jodhpur (NLU, Jodhpur)

(f) Hidayatullah National Law University, Raipur (HNLU, Raipur)

(g) Gujarat National Law University, Gandhinagar (GNLU, Gandhingar)

(h) Dr. Ram Manohar Lohiya National Law University, Lucknow

(i) Rajiv Gandhi National University of Law, Punjab

(j) Chanakya National Law University, Patna (CNLU, Patna)

(k) National University of Advanced Legal Studies, Kochi (NUALS, Kochi)

The examination shall be conducted on rotation basis by the above mentioned basis based on seniority. The norms of CLAT shall be prescribed by the core committee of CLAT comprising of Director’s/Directors of all participating National Law Universities.

(b) Eligibility (Note: No exclusion of repeaters)

To be eligible for taking CLAT, a candidate should have passed Higher Secondary School/Intermediate Examination (10+2) or its equivalent examination with not less that 50% marks in aggregate (45% in case of SC/ST/OBC and Persons with Disability) subject to reservation at the University concerned.

14

Candidate appearing in the qualifying examination can also appear provisionally. However they shall have to produce proof of having passed the qualifying exam before or at the time of counseling with detailed mark sheet.

Note: Candidates with compartment/supplementary in any subject in the qualifying examination are not eligible for admission.

12. It is clear from reading of the above Regulations that

the petitioner who has passed the Higher Secondary School

Certificate Examination conducted by the Gujarat Secondary

Education Board or an examination considered by the University as

equivalent thereto, is eligible (Reg 57 and 59 b). The note regarding

compartmental/supplementary in some subjects is not applicable in

the present case, because the petitioner has passed the qualifying 10

+ 2 exam at one go in one examination in all subjects, at one

attempt (though second). The petitioner is not refused admission on

the basis of this note. The petitioner is eligible under Regulation 57-

59 and entitled to admission on the basis of these Regulations

which are continuing on the statute book and are not repealed,

amended or substituted.

13. However, the petitioner is refused admission on the

basis of the “information” in the GNLU Prospectus 2012 where in

stated that

“Candidates passing HSC/10+2/equivalent exam

by re-take/more than one attempt/special permissions

are not eligible.”

This is not in the regulations. It is contrary to the

regulation.

15

14. Since admission of students is an academic matter

under section 46 (2) (f), no regulation can be made/amended except

with the prior concurrence of the Academic Council. There is no

such prior concurrence of the Academic Council.

15. Even the Executive Council which has approved the

inclusion of the “information” regarding eligibility in the

prospectus has not amended or repealed the regulation. It continues

on the statute book.

16. The regulations are consistent with the Bar Council

of India Rules of Legal Education, 2008. All other 14 National Law

Schools have the eligibility criteria of 10 + 2 (irrespective of

number of attempts), so also GNLU Regulations. If the Executive

Council of GNLU wanted to make a radical departure from the

settled national criteria across the country and from all the National

Law Schools and amend its own regulations, it is too serious and

important a matter which cannot be done in surreptitious casual and

indirect manner of simple, inconsequential inclusion of some

“information” in the Prospectus.

17. First the Regulation has to be properly and duly

amended/repealed/substituted by following all proper procedure in

a transparent manner and categorical manner fully disclosing the

rationale of departure from the national uniform and consistent

policy across the country and all other 14 National Law Schools by

placing the existing regulation and the proposed amendment in the

regulation, so as to bring to the notice of all concerned that it is not

a routine matter of including some “information” in the Prospectus

16

in accordance with regulation. These are standard and well-known

procedures for amendment of statutory instruments. It cannot be

bypassed surreptitiously and indirectly. The officers of the GNLU –

the National Law University cannot be unaware of all these.

18. Moreover, if at all, the Regulation regarding

“admissions of students” (academic matter) were desired to be

amended, the Executive Council is expressly prohibited (“shall

not”) from doing so without the prior concurrence of the

Academic Council under section 46 (2). Undisputably there is no

such prior concurrence of the Academic Council. In fact there is no

amending regulation at all.

19. There is instructive converse case of Nirma

University Institute of Law which also gives admissions on basis of

the CLAT score. Prior to 2008 it had a regulation of eligibility of

only “regular” 10 + 2 pass (and repeaters were ineligible), but after

the Bar Council of India Rules of Legal Education 2008, making all

(regular and others including repeaters) eligible, the Nirma

University amended it regulation (deleted ‘regular’ making the

repeaters eligible) by following the proper transparent procedure

showing comparatively the existing and proposed regulations and

the explanatory rationale for the amendment, got the same passed

by the proper authorities of the University, so as to bring it in line

with the national uniform policy.

20. While all other 14 National Law Schools throughout

the country consider that passing Std 12 with 50% and CLAT score

gives a level playing field to all prospective candidates, there is no

17

case for having such “information in Prospectus” without any

debate and discussion among the learned and expert members of the

University Authorities. It is arbitrary, casual, discriminatory and

violative of equality guaranteed under Article 14 of the

Constitution. There is no application of mind.

21. That the act of GNLU, Respondent No. 1 refusing to

admit the Petitioner, is illegal, arbitrary and unsustainable in law

insofar as GNLU, Respondent No. 1 has imposed a restriction on

admission on the basis of information contained in a brochure

supplied by Respondent No. 2. The said information is inconsistent

with the Gujarat National Law University Regulations, and in any

case liable to be declared non est being ultra vires the GNLU Act,

2003. A perusal of the GNLU Act, 2003 makes it evident that the

only manner in which GNLU, Respondent No. 1could introduce

any restriction for admission in the nature of qualifications, could

only be through Regulations enacted strictly in terms of the

provisions thereof. The brochure published by Respondent No. 1

could not be termed as a Regulation and thus, could not be relied

upon, to render the Petitioner ineligible for admission. The

information contained in the brochure could not have the effect of

amending the GNLU Regulations, 2009 as the prior approval of the

relevant authorities including the Executive Council and the

General Council had not been obtained for specifically effectuating

such amendment, and the procedure laid down for amendment of

the GNLU Regulations had not been complied with. The approval

by the Executive Council of a mere “information” brochure could

18

not cloak the it with the binding character and legitimacy of the

GNLU Regulations, especially when the said information was

never discussed in the context of “amendment” of Regulations in

any of the relevant Councils that are vested with the right to pass

such amendments.

22. That in the facts and circumstances stated above, the

Petitioner, being aggrieved and having no other alternative and

efficacious remedy, is constrained to approach this Hon’ble Court

by way of the present petition, challenging the act of the

Respondents in refusing to admit him to the five year B.A.,LL.B.

(Hons.) degree course at GNLU, Respondent No. 1, on the

following inter alia:

GROUNDS

a. FOR THAT, the act of GNLU, Respondent No. 1refusing to

admit the Petitioner, is arbitrary and unsustainable in law.

b. FOR THAT the act of GNLU, Respondent No. 1 in refusing

to admit the Petitioner as per the information contained in a

brochure, is illegal, arbitrary and unsustainable in law.

Imposition of restrictions through a brochure is

impermissible in the face of the express provisions of the

GNLU Act, 2003, which permits imposition of restrictions,

if any, through regulations only. The brochure in the present

case could not be equated with the GNLU Regulations,

2009.

19

c. FOR THAT, the act of GNLU, Respondent No. 1 in

refusing to admit the Petitioner on the basis of information

contained in the brochure, is liable to be declared non est,

d. FOR THAT, the information contained in the brochure

could not have the effect of amending the GNLU

Regulations, 2009 as the prior concurrence of the Academic

Council relevant authorities, including the Executive

Council and the General Council had not been obtained for

effectuating such “amendment”, and the procedure laid

down for amendment of the GNLU Regulations, 2009 had

not been complied with.

e. FOR THAT, the restriction imposed by way of the

information contained in the brochure is, in any case,

inconsistent with the provisions contained in the Gujarat

National Law University Regulations, 2009.

f. FOR THAT, without prejudice to the above, the restriction

being imposed on the Petitioner is peculiar to GNLU,

Respondent No. 1 only. The other universities which form a

part of the CLAT consortium do not impose any such

restriction. The restriction imposed is arbitrary and

whimsical, insofar as it creates an unreasonable

classification against the Petitioner and has no rational

nexus with the object sought to be achieved – excellence in

legal education, and therefore is violative of Article 14 of

the Constitution of India.

20

g. FOR THAT, without prejudice to the above, the note to

Regulation 59(1)(b) thereunder, insofar as it has a penal

effect of denying admission to the Petitioner, has to be

strictly interpreted. Regulation 59(1)(b) could not be

interpreted to mean that a prospective applicant, who has

repeated his I.S.C. examination, is permanently rendered

ineligible for admission to the five year B.A.,LL.B. (Hons.)

degree course. Such an interpretation has the effect of

reading words into the provision, which is impermissible in

law and runs contrary to the principle of strict construction.

h. FOR THAT, without prejudice to the above, if there are two

possible interpretations of the note to Regulation 59(1)(b)

and one of the interpretations renders the Petitioner

ineligible for admission whereas the other does not, the

interpretation permitting admission of the Petitioner

deserves to be favoured.

i. FOR THAT, the restriction imposed by GNLU, Respondent

No. 1has the effect of denying the Petitioner access to legal

education and as such, directly impinges on his fundamental

right to life guaranteed under Article 21 of the Constitution

of India. It also creates an entry bar for every citizen who is

21

desirous of pursuing the profession of law after obtaining

legal education, which is in the nature of an absolute

restriction and thereby also violates the Petitioner’s

fundamental rights under Article 19(1)(g) of the

Constitution of India.

j. FOR THAT, the Petitioner has a very good prima facie case

insofar as the restriction imposed by GNLU, Respondent

No. 1is on the basis of information contained in a brochure,

and is hence ultra vires the GNLU Act, 2003. Even

assuming without prejudice that the restriction imposed is

not ultra vires the GNLU Act, 2003, the GNLU Act, 2003

and the GNLU Regulations, 2009 enacted thereunder,

insofar as they provide in respect of

eligibility/qualifications for admission, are ultra vires the

Constitution of India and patently suffer from lack of

legislative competence. The said restriction therefore could

not be imposed and enforced by GNLU, Respondent No. 2.

The balance of convenience is in favour of the Petitioner

insofar as if the interim relief prayed for, is not granted and

the final list of students for admission to the five year B.A.,

LL.B. (Hons.) degree course at GNLU, Respondent No. 1is

published, the present petition may be rendered infructuous.

However, if the interim relief prayed for is granted, the five

year B.A., LL.B. (Hons.) degree course at GNLU,

Respondent No. 1 shall not be unduly interrupted or

22

adversely affected in any manner whatsoever. Irreparable

harm shall be caused if the interim relief is not granted and

the Petitioner is not permitted to attend classes this year, as

next year the Petitioner shall be more than 20 years by age

and therefore, ineligible to be admitted to the five year

B.A., LL.B. (Hons.) degree course at GNLU, Respondent

No. 1 in view of the maximum age for admission to the said

course being 20 years, as per prevailing regulations of the

Bar Council of India.

k. Any other and further grounds that may be urged at the time

of hearing of the petition.

23. That there is no other alternative efficacious remedy

available except by way of filing the present petition under Article

226 of the Constitution of India.

24. The petitioner respectfully submits that he has a very

good prima facie case, the balance of convenience is in his favor

and if the interim relief as prayed for is not granted, he would suffer

irreparable loss which cannot be compensated. The Petitioner is

ready and willing to submit the application form along with

supporting documents and also deposit the fees for the first

semester of the five year B.A., LL.B. (Hons.) degree course and do

all other acts as may be directed by the Hon’ble Court, in order to

balance the equities in the facts and circumstances of the present

case for the purpose of grant of interim relief by this Hon’ble Court.

23

The Petitioner seeks urgent ad-interim ex parte reliefs from this

Hon’ble Court in view of the fact that the second list of students for

admission to the five year B.A., LL.B. (Hons.) degree course at

GNLU, Respondent No. 1is likely to be published during the course

of the day tomorrow. Copy of a communication dated 10.06.2012

published on the website of Respondent No. 3 – www.clat.ac.in,

intimating that the second list of students would be published on

11.06.2012 is enclosed herewith and marked as Annexure – P/9.

25. That no other petition has been preferred before any

other Court, praying for the reliefs set out herein and the Petitioner

has no other alternate efficacious remedy except approaching this

Hon’ble Court by the present application, which has been made

bonafide in the interest of justice. The petitioner has filed Writ

Petition (Civil) No. 3208 2012. Letters Patent Appeal No. of

2012 in the Delhi High Court before the declaration of the CLAT

result, regarding some anomalies in the question paper. That

petition and any result in that petition would not affect this petition

in any manner. Both subject matters are entirely different.

PRAYERS

26. In view of the facts and circumstances stated above,

it is most respectfully prayed that this Hon’ble Court may

graciously be pleased to:

A. Issue an appropriate writ of mandamus, or writ in the nature of

mandamus, or any other order writ or directions of like nature

24

directing the Respondents to admit the Petitioner to the five

year B.A.,LL.B. (Hons.) programme at GNLU, Respondent

No. 1as a regularly admitted student; and

B. Pending disposal of the present petition, this Hon’ble Court

may be pleased to direct the Respondents, by way of interim

order, to give provisional admission to the Petitioner under the

five year B.A., LL.B. (Hons.) degree course at GNLU,

Respondent No. 1, subject to such conditions as may be

imposed by this Hon’ble Court and to further direct that

Petitioner be permitted to do all other acts that are necessary to

pursue the said course as an admitted student; and

C. And pass, such further order/orders as this Hon’ble Court may

deem fit and proper in the facts and circumstances of the case

to meet the ends of justice.

And for this act of kindness and justice the petitioner shall as in

duty bound forever pray.

PETITIONER

THROUGH

(MUKUL SINHA)

ADVOCATE FOR THE PETITIONER

PLACE : AhmedabadDATED : 11th JUNE, 2012

25

AFFIDAVIT

I, Donnie Ashok, adult aged 19 years, Petitioner herein, Resident of H-

63, Baishnabghata Patuli Township, Kolkata–700 094, West Bengal, do

hereby solemnly affirm and state as under:

1. That I am the Petitioner in the above noted Special Civil

Application and am well conversant with the facts and

circumstances of the case and as such competent to swear and

affirm this Affidavit.

2. That the accompanying Petition has been drafted by my counsel

under my instructions, the contents of which are true to the best of

my knowledge, information and belief, as verified below. The

facts stated therein may be treated as a part and parcel of this

affidavit and are not being repeated herein for the sake of brevity.

3. That the Annexures are true copies of the originals.

4. That the facts stated herein in paragraphs 1 to 3 are true to the best

of my knowledge, and the contents of rest of the paragraphs are

true to my information and belief, and nothing material has been

concealed from this Hon’ble Court while filing the present

petition.

Solemnly affirmed at Ahmedabad on this 11th day of June, 2012

DEPONENT

Annexure P/1

Memorandum of Understanding

WHEREAS, the National Law School of India University,

Bangalore (hereinafter referred to as the NLSIU), the National

Academy of Legal Studies And Research University, Hyderabad

(hereinafter referred to as NALSAR), the National Law Institute

University, Bhopal (hereinafter referred to as NLIU), the

National University of Juridical Sciences, Kolkata (hereinafter

referred to as NUJS), the National Law University, Jodhpur

(hereinafter referred to as NLU), the Hidayatullah National Law

University, Raipur (hereinafter referred to as HNLU) and the

Gujarat National Law University, Gandhi Nagar hereinafter

referred to as GNLU) have been incorporated by the State

Legislatures of Karnataka, Andhra Pradesh, Madhya Pradesh,

West Bengal, Rajasthan, Chhattisgarh and Gujarat respectively;

AND WHEREAS the aforesaid universities, which have been

established for the purpose of teaching, extension, research, and

for grant of Degrees and other awards in the discipline of Law,

are commonly referred to as the National Law Universities;

26

AND FURTHER WHEREAS, the National Law Universities admit

students to Five Year Integrated law programmes leading to the

award of Bachelor's Degree in Law on the basis of All India

entrance tests conducted by each university, thereby requiring

candidates seeking admission in them to appear in multiple

entrance tests:

AND WHEREAS, more National Law Universities are likely to be

established, which may lead to unavoidable overlap of dates of

entrance tests and also require candidates to purchase several

admission forms and other documents;

* National Law University, Jodhpur will be governed by the MoU

subject to grant of recognition under Section 12(b) of the UGC

AND WHEREAS, the aforesaid seven National Law Universities,

with the approval of the appropriate authority competent to so

decide under the provisions of the respective Act of Legislature

under which each university has been incorporated, have

decided to enter into a Memorandum of Understanding for

conducting a common entrance test for admission to the Five

Year Integrated law Degree programme being conducted by

each university, and for matters allied thereto.

27

NOW THEREFORE, this Memorandum of Understanding

(Hereinafter referred to as MoU) between file aforesaid seven

National Law Universities, hereinafter referred to as the

participating universities, represented by their Vice Chancellors

(or Directors as the case may be), whose signatures are

appended hereunder, do hereby solemnly agree to the following

action"- in order to support and achieve the objective of

conducting a common law entrance test :-

1) The common law entrance test shall be known as the

“Common Law admission Test" (CLAT), for admission to

the participating universities in their Five Year Integrated

programmes of study in law, known variously as B.A.;LL.B

(Hons.), B.Sc.;L.L.B. (Hons.), B.Com.;LL.B (Hons.) or any

other nomenclature recognized by the Bar Council of

India and the University Grants Commission (UGC) as

being equivalent to a Bachelors degree in law.

2) The CLAT shall be conducted every year by rotation by

each of the seven National Law Universities beginning

with the oldest among them.

3) CLAT 2008 which would be the test of the first year under

this MoU shall be conducted by NLSIU; and in the second

year by NALSAR, in the third year by NLIU, in the fourth

28

by the year by the NUJS, in the fifth year by the NLU, in

the sixth year by the HNLU and in the seventh year by

GNLU and so on.

** If for any reason NLSIU, Bangalore is unable to hold the test

for 2008 then NALSAR, Hyderabad will hold it.

4) The University conducting the CLAT in any year shall be

known as the Organizing University for that year.

5) There shall be a Committee known as the Core Committee

for CLAT (CC_CLAT), for the purpose of deciding and

prescribing all policies in respect of the CLAT. The

CC_CLAT shall also monitor, at such intervals as may be

decided by it, the implementation of its decisions. The

functions of the CC_CLAT shall, without prejudice to any

other matter(s) that the Committee may decide to include

in its functions, the following:

a. Distribution of Income and Expenditure (including

transfer of funds) incurred in conducting the CLAT

for the year;

b. Decide the date of the CLAT;

c. Format of the CLAT;

d. Approve the syllabus for CLAT;

29

e. Prescribe the qualifying marks (score) for the

different categories of candidates such as the

Scheduled Castes, the Scheduled Tribes, the Other

Socially and Educationally Backward Classes

(OBCs), Candidates with disabilities, and others;

f. Demarcate geographical boundaries among the

participating universities for the purpose of

logistics and other arrangements of CLAT;

g. Approving the quantum of honoraria to be Paid for

various CLAT related activities;

h. Prepare a Report on behalf of the outgoing

Convener for the incoming convener;

i. Prescribe statistical reports on file various aspects

of CLAT;

j. Oversee the functioning of the committee;

6) The Vice Chancellors of the seven participating National

Law Universities shall constitute file membership of the

CC_CLA.T; and the Chancellor of the Organizing University

shall be its Convener and shall chair its meetings. More

than half the membership of Vice Chancellors, present

personally, shall constitute the quorum for the meetings

of the Committee, The CC-CLAT shall be competent to

invite not more than two persons to each meeting of the

Committee, who in its opinion may make useful

30

contribution to the transaction of its business. Provided

that, the invited persons shall not have the power to vote

on any decision or resolution of the Committee.

7) The CC_CLAT shall meet as many times as may be

required at the venue(s) as may be decided by the

Convener, and shall prescribe the rules of business,

procedure and manner of conducting its own meetings,

other than the quorum referred to in the clause above.

8) There shall be a committee to implement the decisions of

the CC_CLAT, which shall be known as the

Implementation Committee for CLAT (IC_CLAT).

9) The Convener of CC CLAT in any year shall be file

Chairperson of IC_CLAT for that year, and a nominee each

of the seven Vice Chancellors shall be its members. In

addition, the Chairperson may nominate one person from

the Organizing University to serve as a convener, who

shall however not be a member of the IC-CLAT.

10) The IC_CLAT shall be competent to decide on prescribing

the rules of conduct of its business and procedures for its

meetings. The IC-CLAT shall meet as often as may be

required to implement all aspects of conducting the CLAT.

31

11) Without prejudice to file powers of the CC_CLAT to assign

to the Implementation Committee any function in respect

of the CLAT, the IC_CLAT shall be responsible for the

following functions.

a. Preparing the agenda for the meetings of the

CC_CLAT;

b. Taking all steps in regard to file non confidential

operations namely:

i. Advertisements in regard to the CLAT in the

print media and through press releases;

ii. Designing, printing and publishing

information brochure;

iii. Selection of vendors for printing and scanning

of applications;

iv. Preparing agreements with banks for the sale

of application forms and other documents;

v. Fixing test centres in accordance with

capacity and demand;

vi. Liaison with participating institutions and

other institutions in respect of geographical

distribution of logistics related work;

vii. Elimination of duplicate applications, if any;

viii. Allotment of Registration Numbers and

printing of admit cards;

32

ix. Preparing guidelines and instructions to be

observed by candidates at the test centres;

x. Preparing guidelines and instructions

for representatives, presiding officers and

invigilators;

xi. Declaration of results of CLAT;

xii. Preparing brochures for counselling,

admission forms, option forms, health

certificates;

xiii. Offers of admission and counselling (if

required);

xiv. Forwarding of all relevant documents to the

academic office of each participating

institution;

xv. Evaluation once or double as the case may be;

xvi. Tabulation of results and preparation of merit

list in coded form;

xvii. Chairperson hands over keys and

solutions/answers;

12) The pricing of file brochure/application form for

CLAT shall be as may be decided by the CC_CLAT each

year, taking in to consideration the fact that in any

given year six of the Participating universities shall be

foregoing revenues accruing to them on the sale of the

33

respective application form. Further, at present every

candidate has to buy more than one application form for

admission to the programmes of study in the

participating universities and therefore the CLAT would

result in saving on purchase of multiple application

forms. In the first year, the application form for CLAT

2008 shall be priced at Rs. 2000 (two thousand only). The

proceeds (revenues) from the sale of application forms

and brochures shall be shared in the following manner:

a. 50% of the proceeds shall be retained by the

Organizing University for meeting the expenditure

on conducting CLAT;

b. The remaining 50% of the proceeds shall be divided

equally among the participating universities.

13) Each participating university shall be entitled to an equal

share from out of revenue accruing on account of the

release of CLAT score to institutions and universities

other than the participating universities. For CLAT 2008,

a fee of Rs. 1000 (One thousand only) shall be levied. The

CC_CLAT shall be competent to revise file fee for release

of score-card time to time.

14) National Law Universities, other than file participating

universities, may be invited by the CC_CIAT to avail the

34

score cards of CLAT or to assist in the logistics and

management of

a. Release of results (score cards) on payment to non-

participating institutions who wish to admit

students to law programmes on CLAT score.

b. Maintenance of accounts of income and expenditure

and distribution of revenues among participating

universities on the directions of the CC-CT.

c. Taking all necessary steps in regard to confidential

operations pertaining to CT, which may inter alia

include:

i. Preparing guidelines for paper setters;

ii. Selection of team of paper setters from the

seven participating universities;

iii. Randomizing the choice of paper-setters and

deciding on the time and place of

simultaneous paper-setting exercise;

iv. Ensuring confidentiality and secrecy in each

aspect of work involved in paper-setting

activity;

v. Delivery of the sealed envelopes of the papers

to the safe custody of the IC_CLAT;

vi. Selection of the security printing press;

vii. Handing over the sealed packet of set paper;

35

viii. Proof-reading arrangements, random checks,

packing and transportation;

ix. The chairperson shall be responsible

personally for the despatch of the sealed box

of the sealed questions paper and answer

books to the vice chancellor or his nominee to

the IC_CLAT;

x. Coding of ORS sheets, Answer Books,

Question Papers and finalizing instructions

for coders – codes to be provided by the

chairperson of the IC_CLAT and to be known

only to the chairperson;

xi. Freezing of solutions or answers;

Test centres on such terms and conditions as may be mutually

decided between each such National Law University and the

CC_CLAT. Convener, CC_CLAT shall be empowered to negotiate

on behalf of the participating universities with such other

National Law Universities.

This Memorandum of Understanding has been entered into this

on this 23rd November of 2007 by each of the participating

universities acting through their Vice Chancellors (Directors)

whose signatures are affixed below.

---

(TRUE TYPED COPY)

36

Annexure P/2

COMMON LAW ADMISSION TEST-2012

COMBINED MERIT LIST OF CANDIDATES FOR

UNDERGRADUATE PROGRAMMES

SR.

NO.

ROLLN

O NAME DOB

GEN

DER

P

W

D

CAT(

V)

CAT(

H)*

DOMI

CILE

MAR

KS

RA

NK

SECU

RED

40

9

118014

41768

KARTIKE

YA

PRASAD

30/10

/1993 M N BC 4

BIHA

R 133

40

9

41

0

115013

81027

AKSHAY

SANJIV

AURORA

29/12

/1994 M N

GENE

RAL 4

OTHE

RS 133

41

0

41

1

102011

21399

SWARAJ

SINGH

NARULA

17/11

/1992 M N

GENE

RAL 4 M.P. 133

41

1

37

41

2

101011

01172

SWARAT

HMIKA

KUMAR

24/10

/1993 F N

GENE

RAL 4

OTHE

RS 133

41

2

41

3

118014

41020

ABHINE

ET

SHARAN

30/01

/1994 M N

GENE

RAL 4

OTHE

RS 133

41

3

41

4

101011

01417

JYOTHI

RATNA

ANUMOL

U

29/05

/1994 F N

GENE

RAL 4

OTHE

RS 133

41

4

41

5

118024

42052

ANVITA

MISHRA

14/04

/1993 F N

GENE

RAL 4

BIHA

R 133

41

5

41

6

114023

62604

GAURAV

SINGH

15/07

/1993 M N

GENE

RAL 4 133

41

6

41

7

101011

01255

VIBHU

PRAKAS

H

KHANNA

11/10

/1993 M N

GENE

RAL 4

OTHE

RS 133

41

7

41 102011 SHIVANI 16/11 F N GENE 4 M.P. 133 41

38

8 21196 PANDEY /1993 RAL 8

41

9

103011

41808

KRITI

TUTEJA

01/12

/1993 F N

GENE

RAL 4 133

41

9

42

0

116024

02098

SHANTA

NU

KUMAR

20/12

/1993 M N

GENE

RAL 4

OTHE

RS 133

42

0

42

1

113043

41998

GUNIT

SINGH

MARWA

H

01/02

/1994 M N

GENE

RAL 4

OTHE

RS 133

42

1

42

2

116024

01409

SUGAND

HA

ROHATG

I

04/02

/1994 F

GENE

RAL 4

OTHE

RS 133

42

2

42

3

119014

61428

PRANAV

KHANDE

LWAL

04/02

/1994 M N

GENE

RAL 4 C.G. 133

42

3

42

4

115013

81607

AKASH

SANTOS

01/06

/1994

M N GENE

RAL

4 OTHE

RS

133 42

4

39

H

KARMAR

KAR

42

5

116014

01273

HARSHIT

A

CHOUBE

Y

18/07

/1994 2 N

GENE

RAL 4

OTHE

RS 133

42

5

42

6

116034

02795

P

KARTHI

K

SUNDAR

24/09

/1994 M N

GENE

RAL 4

OTHE

RS 133

42

6

42

7

115013

81536

OSHO

DONNIE

ASHOK

10/08

/1992 M N

GENE

RAL 4

OTHE

RS 133

42

7

42

8

116024

02144

NARJEET

NARWAL

17/01

/1993 1 N

GENE

RAL 4

OTHE

RS 133

42

8

42

9

101011

01729

SUPRITH

A S

19/03

/1993 F N

GENE

RAL 4

OTHE

RS 133

42

9

43 116064 DHRUV 19/01 M N GENE 4 OTHE 133 43

40

0 03916

MALHOT

RA /1994 RAL RS 0

43

1

116084

05816

RIJUL

RAJESH

01/03

/1994 M N

GENE

RAL 4

OTHE

RS 133

43

1

43

2

116034

02302

DAKSHA

VERMA

12/03

/1994 F N

GENE

RAL 4

OTHE

RS 133

43

2

1-Dependent of Freedom Fighter, 2-Son/Daughter of

Defence/Personnel deployed in UP or Defence Personnel of UP

either retired or killed/disabled in action, 3-Ancestral Resident

of Village Sidhuwal, District Patiala, 4-None

PAGE :18 Of 996

41

SR.NO. ROLLNO NAME DOB

GENDER

PWD CAT(V)

CAT(H)*

DOMICILE

MARKS RANK

SEL CAT

SECURE

D

49 10101101172SWARATHMIKA KUMAR

24/10/1993 F N

GENERAL 4

OTHERS 133 412 GEN

50 11801441020ABHINEET SHARAN

30/01/1994 M N

GENERAL 4

OTHERS 133 413 GEN

51 11402362604 GAURAV SINGH15/07/

1993 M NGENERAL 4 133 416 GEN

52 10101101255VIBHU PRAKASH KHANNA

11/10/1993 M N

GENERAL 4

OTHERS 133 417 GEN

53 10301141808 KRITI TUTEJA01/12/

1993 F NGENERAL 4 133 419 GEN

54 11602402098SHANTANU KUMAR

20/12/1993 M N

GENERAL 4

OTHERS 133 420 GEN

55 11304341998GUNIT SINGH MARWAH

01/02/1994 M N

GENERAL 4

OTHERS 133 421 GEN

56 11602401409SUGANDHA ROHATGI

04/02/1994 F

GENERAL 4

OTHERS 133 422 GEN

57 11501381607AKASH SANTOSH KARMARKAR

01/06/1994 M N

GENERAL 4

OTHERS 133 424 GEN

58 11601401273HARSHITA CHOUBEY

18/07/1994 2 N

GENERAL 4

OTHERS 133 425 GEN

59 11603402795P KARTHIK SUNDAR

24/09/1994 M N

GENERAL 4

OTHERS 133 426 GEN

60 11501381536OSHO DONNIE ASHOK

10/08/1992 M N

GENERAL 4

OTHERS 133 427 GEN

61 11602402144NARJEET NARWAL

17/01/1993 1 N

GENERAL 4

OTHERS 133 428 GEN

62 10101101729 SUPRITHA S19/03/

1993 F NGENERAL 4

OTHERS 133 429 GEN

63 11606403916DHRUV MALHOTRA

19/01/1994 M N

GENERAL 4

OTHERS 133 430 GEN

64 11608405816 RIJUL RAJESH01/03/

1994 M NGENERAL 4

OTHERS 133 431 GEN

65 11603402302 DAKSHA VERMA12/03/

1994 F NGENERAL 4

OTHERS 133 432 GEN

66 11604402976 MITALI DARYANI03/04/

1994 F NGENERAL 4 U.P. 133 433 GEN

67 11501381208SIDDHANT SANDEEP SATTUR

05/05/1994 M N

GENERAL 4 133 434 GEN

68 11603402595ABHAY UPADHYAY

08/12/1992 M N

GENERAL 4

OTHERS 133 437 GEN

69 10901261525 SHWETA SINGH29/07/

1993 F NGENERAL 4 U.P. 133 439 GEN

70 11401361881

SHIVANI SANDEEP SALUNKE

15/08/1994 F N

GENERAL 4

OTHERS 133 440 GEN

71 10401161195

CHETHANA VENKATARAGHAVAN

18/08/1994 F N

GENERAL 4

OTHERS 133 441 GEN

72 10901261511NAMAN MAHESHWARI

07/12/1994 M N

GENERAL 4

OTHERS 133 442 GEN

42

Annexure P/3

Gujarat National Law University, Gandhinagar

A Research-Based Teaching University

"GNLU has a unique and innovative model of legal education in the

country ...GNLU has created a unique learning environment for

the students to achieve their professional objectives. Research and

training coupled with solid grounding in theory prepares them for

various segments of employment - be it judiciary, academic or

legal profession...to produce professionals who are technically

sound, professionally competent and socially relevant.., an extensive

mid-term plan... with clear goals and objectives. ... more financial aid

would go a long way in making this as a model university in terms of

access, equity, quality and relevance." (Excerpts from the UGC Report

2011)

Gujarat National Law University (GNLU), Gandhinagar, established

under the Gujarat National Law University Act, 2003, recognized by

the BC and the UGC, aims for excellence in terms of training, research,

education and extension (TREE).

Intellectual, Scholarly and Academic Environment

· Only National Law University to offer integrated law degree in five

areas - BA, LLB (Hon.), BCom, LLB (Hon.), BBA, LLB (Hon.), BSc, LLB

(Hon.), BSW, LLB (Hon.), two years LL.M. and Ph. D. in laws and inter-

disciplinary fields as well as diploma/certificate courses in various

43

areas.

GNLU Star Honor for students with distinct additional

achievements;

As the Nodal Agency, empowered to enhance the standards of

legal education, research, training and extension for 32 law

colleges in Gujarat.

· Holistic approach to education, research and training to

make Integrated Legal Advisors/ Legal Counsels,

to cater to the needs of the judiciary, government, law firms,

corporate, PSUs, trade Et g2.2 commercial houses,

academia, and NG0s.

· Centres of Excellence in niche areas of economy - Centre for

Distance Education, Centre for Private International Law, Centre

for Public International Law, Centre for Sports Law, Centre for

Food Security a Agro-Economy, Centre for Foreign Policy Et

Security Studies, Centre for Environmental Law Et Climate

Change, Centre for Corporate Law, Banking Et Investment for

specialized knowledge and professional excellence.

· 41 motivated, dynamic, qualified and caring teaching staff drawn

from all parts of India.

· A Unique Academic Support Programme (ASP), special

tutoring program, round-the- year for students needing special

attention and wish to achieve high dreams

· Regular mentoring and counseling by faculty members for

professional excellence and personal development.

44

· Full-time Placement Coordinator and Committee on

Recruitment Affairs to coordinate Placements, Internships and

Scholarships.

· Well-developed mid-term plan with clear goals Et objectives and

indicators of achievement

· Plans for International Study Trips for limited number of 8th

Semester students to foreign law firms, MNCs, government

establishments, universities, international organizations, NG0s,

chambers of commerce, upon payment of additional charges

Publications

· GNLU Law Review (GLR),

· GNLU Journal on Law, Development and Politics (GJLDP) -

integrated research journal

· Developing World Review on World Trade and

Competition(DWRTC) - journal focussing on trade and

competition, circulated by the World Trade Organisation,

Geneva

· Cutting-edge-research publications

by faculty and students

Collaboration with Foreign and National Institutions

MoUs or active academic/research partnership and collaboration at

international, national and state levels with the University of

Mauritius, Mauritius, University of Malaya, Malaysia, CUTS

Institute of Regulation and Competition, New Delhi (National), Haifa

University, Haifa, Israel, Hebrew University of Jerusalem, Israel,

45

University of Barcelona, IDSE, Institute Barcelona, Spain, United

National Institute for Training and Research (UNITAR), Geneva,

Switzerland, World Trade Institute (WTI), Bern, Switzerland,

University of Rome, La Sapienza, Rome, Italy, University of

Copenhagen, Faculty of Law, Copenhagen, Denmark, The Hague

University of Applied Sciences, The Hague, the Netherlands and

arrangements are under way for collaborative relationships with

37 nations across the globe; Gujarat Forensic Science University,

Pandit Deendayal Petroleum University, Raksha Shakti University,

Adani Institute of Infrastructure Management, Nirma University,

etc.

Regular optional paper on Foreign Legal and Judicial Systems

taught by visiting foreign professors Mandatory Foreign

Languages Training, Distinguished Ambassador Lecture Series,

etc.

Public-Private Partnership

· Active, enriching and dynamic partnership with public

institutions and departments in law creation, execution and

dissemination such as assistance in drafting and reviewing of bills

for various government departments, assistingcorporate and

other sectors in providing legal research and advise;

organizing regular training programmes like Media and Law

Training, Mediation Training, Legislative Drafting Training,

Bar Council of Gujarat Advocates Academy Training, Training

for Police Personnel etc.

46

· GNLU Case Monitoring System Project (Learning through

Assistance): First-hand experience in assisting various levels

of judiciary from the district level to the Supreme Court of

India, PSUs, as part of internship/traineeship.

Scholarships, Financial Assistance and Awards

· GNLU Scholarships for national and international Moots

· GNLU Scholarships for Conferences, Workshops, Seminars

· GNLU Scholarships for Best Research Papers

· GNLU Scholarships for Research Assistance

· GNLU Scholarships for International Internships (UN,

Missions of India abroad) and Student Exchange

· 22 gold medals for academic and extra-curricular

achievements in various subjects

· Facilitation of boarding/lodging and similar kinds of

assistance for participation in national/international events.

Mooting

· GNLU International Moot Court Competition has set a

benchmark of its own in the whole nation as appreciated by

teams and partners across the world. It is one of the biggest

legal events in the Indian Subcontinent and 4th Edition of

GIMC will be organized from 8-12 February 2012 in

collaboration with the World Trade Institute (Berne,

Switzerland). Participation in nearly 40 national and

international moot competition every year and many more

events.

47

· Faculty and senior students assist moot teams to bring laurels

to the GNLU and the nation, along with the financial support.

Performance Management Appraisal System (PMAS)

· Professional human resources and financial management

culture with the Performance Management Appraisal System

and Result-Based Budgeting to maintain high professional

standards.

· Feedback by students, faculty members and all staff

members at large enable the faculty to achieve high

standards of competence, integrity, efficiency and vision.

· Encouragement and assistance for participating in various

training programmes at national and international level for

all employees.

· Best Faculty, Best Staff, Best House Keeper Awards and

Goodness Award.

Capacity Building of Law Colleges of the State

· As nodal agency, works to achieve high standards of legal

education, research, training and extension for all 32 law

colleges of Gujarat and maintains intellectually, socially and

culturally rich relationships with principals, faculty members

and students; plans to organise state level moot for all law

colleges, responsible to publish Gujarat Law Review - a

scholarly research journal, common admission test for

entrance into LLB courses in these colleges, etc.

Internship and Placement

48

· A focused, coordinated and concerted approach to internship

and placement with long term career development in mind.

· Commitment to facilitate students with optimum internships

and placements. The students get opportunities for

internships and placements with international and national

law firms, national and state PSUs, Supreme Court of India,

State High Courts, Union and State government departments,

LP0s, banks, corporate houses as well as NG0s.

· Career advice and counseling; soft-skill workshops; special

tutorials by senior students/alumni to enhance the students'

skill sets.

· GNLU encourages its graduates to work hard with sincere

commitment and dedication.

Curricular and Extra-Curricular Activities

· Mandatory foreign language courses - Arabic, Chinese,

French, Russian, Spanish, German, Japanese, Swahili a

Sanskrit.

· Round-the-year extracurricular activities such as debates,

quizzes, and cultural activities, dandiya-garba etc.

· Organization of sports meet and representation in various

adventure and sports competitions.

· Monthly In-House Faculty Seminars for faculty members and

Debate on Leading Judgments by students.

· Directors Friday Open Hours Et bi-weekly dinner with

students, monthly visits of students by faculty Et staff,

49

mid-term parents meet, semester-beginning Et semester-

end meeting of individual batches with the Director,

Registrar, Dean Et all subject teachers.

Library

· Library acquisition exceeds more than 42,000 books; with

some rare and priceless collections of international and

foreign laws. Additions of new titles every month - plans to

create first GNLU National Law Museum.

· Annual Library budget - Rs. 50 lakh.

· Access to Online Law Resources: National Knowledge

Network, Westlaw, Manupatra, Hein Online, JSTOR, World

Bank E Library, as well the library of the Gujarat High Court.

· Access to digital library of the Peace Palace, the Hague, the

largest collection of international law in the world.

Infrastructure

· Gandhinagar - safety, security, green and soothing

environment campus in the Knowledge Corridor of Gujarat

· State-of-art modern and classic new campus spread in 51

acres of land.

· A residential university with academic blocks Et halls of

residence with wi-fi facility, sports stadium, gym facilities

· All rooms - with attached bathroom-toilet.

· Non-smoking, non-alcohol environment and observance of

high standards of manners, ethics and values.

· Excellent connection of means of transportation, High Court

50

and other offices - Airport - 15 min, High Court, 20 min,

Legislative Assembly, Sachivalaya (Government of Gujarat

Secretariat) a PSUs - 15 minutes.

Under Graduate Programme

[FIVE YEARS BA/BCom/BBA/BSc/BSW LL.B. (Hons.)]

Eligibility for Admission for UG Programme

· Successful clearance of HSC/Intermediate Examination (10+2

or its equivalent examination with not less than 50% marks

in aggregate (45% in case of SC/ST and Persons with Disability

Course Structure for UG Programme

Semester I

B.A. B.Com.

5. Principles of Economics 5. Business

Organization Et Management

5. Principles of Political 6. Corporate Accounting

Science

B.B.A.

B.Sc.

5. Principles Et Practice of 5. 'Advanced Sciences - I

Management

6. Corporate Accounting 6. 'Advanced

Sciences - II B.S.W.

5. Social Work Profession: Theory and Practices

6. Sociology for Social work in India

51

Semester II

Law of Contracts-I (General Principles and Specific Reliefs) Legal

Language Et Legal English

Legal History Sociology

Semester III

1. Constitutional Law-I (Article 1 to 51-A)

2. Legal Theory

3. Crimes-I (IPC Et elements of Cr PC )

4. Law of Contracts-II (Specific Contracts,

Partnership and Sale of Goods)

5. Law of Civil Procedure-I

BA. B.Com.

6. Indian Political System: 6. Advance Accounting Issues

Et Issues Et Challenges

B.B.A. B.Sc.

6. Quantitative Techniques 6. Communication Tech Et

Pharma Science - II B.S.W.

6. Human Growth and Development

Semester IV

1. Constitutional Law- II (Constitutional Bodies)

2. Interpretation of Statutes

52

3. Law of Criminal Procedure-II (Including Probation of

Offenders Et Juvenile Justice)

1. Law of Civil Procedure-II (Limitation Et Registration Act,

Drafting , Pleading Et Conveyancing)

4. Administrative Law

B.A. B.Com.

5. Money, Banking Et 6. Corporate Tax Planning Public

Finance

B.B.A. B.Sc.

6. Marketing Management 6. Environmental Science

B.S.W.

6. Social Policy and Planning

Semester V

1. Family Law I

2. Corporate Law I (Companies Act)

3. Banking Law and Negotiable Instruments

4. Alternative Dispute Resolution

5. Constitutional Law III (Centre State Relations,

Emergency Et Amendments)

B.A. B.Com.

6. Development 6. Financial Management

Environmental Economics B.B.A. B.Sc.

6. Financial Management 6. Bio - Technology

53

B.S.W.

6.

Gandhian Approach to Welfare and

Development

Semester VI

1. Family Law II2. Public International Law

3. Law of Evidence

4. Corporate Law II Mergers Et Acquisitions, SEBI,

SCRA, aspects of FEMA)

5. Transfer of Property and Easement

B. A. B.Com.

6. International Relations Et6. Auditing Et Corporate

Organizations reporting

B.B.A. B.Sc.

6. Business Policy Et Strategic 6. Forensic Science Management/

Entrepreneurship

Annexure P/4

On Sun, Jun 3, 2012 at 10:09 PM, Donnie

Lawyer<donnie.a@lawyer.com> wrote:

Dear Sir,

54

I am a law aspirant from Kolkata. I am writing this letter to

explain my situation to you, with the hope that you will be able

to understand my circumstances and extend a helping hand.

I secured All India Rank 427 in the CLAT, which affords me

the opportunity to secure admission in GNLU under the General

Category. Unfortunately, I was not able to clear my Class XII

exam in my first attempt (in 2011) owing to special

circumstances, and have cleared it this year.

I have received no economic support from my parents from the

time I passed my Class X examination in 2008, and my schooling

has been very erratic since then. I have undertaken various

types of errands to earn a living, but the money I earned was a

pittance compared to my school fees. I could not fund my

education, and could not be admitted to Class XI.

Fortunately, I received some financial support from my sister

next year (in 2009), and was admitted to Class XI. I passed my

Class XI examinations in the first attempt. 

However, my sister could not continue to provide financial

support, and as I had no money to pay the school fees, I could

not be admitted to Class XII (which was due in March 2010).

55

After six months, by turn of fate, I heard about the

Increasing Diversity to Increase Access (IDIA) which was

started by Prof. Shamnad Basheer. I scored first rank in the IDIA

Entrance and was admitted into the programme. IDIA paid

for my school fees in December 2011, after which I was

admitted to Class XII. 

I was really grateful to have received the opportunity to attempt

Class XII. I decided to give the exams my best shot, although I

had not attended any classes and had less than 70 days to

prepare.

Owing to my late rejoining of Class 12 and the sheer paucity of

time, I could not clear the exam, despite my best attempt.

IDIA continued to fund my education in 2012, and I decided to

study hard and focus on my Class XII and CLAT. I was confident

that I could do better this time and do well in CLAT. I was happy

to clear my Board exams this year, and fortunately, I secured All

India Rank 427 in the CLAT.

Please note that my inability to clear Class XII examination in

the first attempt was due to lack of financial support and

uncertainty of receiving school education and having missed so

many classes before I was again enrolled after IDIA paid my

56

fees. 

I was very disturbed about not being admitted to a school, and

continued to take minor jobs to make a living. Despite not

having attended classes, I was glad to have an opportunity to sit

for Class XII exams and gave it my best attempt, but

unfortunately I could not clear it the first time.

However, my life has changed for the better since IDIA has

supported me, and I have worked very hard last year. I am

happy to have a score which enables me to secure admission to

GNLU, and I urge you to please consider my request and relax

the rule owing to my special and unavoidable circumstances,

which were beyond my control.

I shall be forever grateful to you for allowing me admission to

your university.

Sincerely,

Osho Donnie Ashok

57

Annexure P/5

From: Bimal N. Patel (GNLU) <vc@gnlu.ac.in>

Date: Mon, Jun 4, 2012 at 1:28 PM

Subject: Re: A request from a law aspirant

To: Donnie Lawyer <donnie.a@lawyer.com>

Cc: shamnad basheer <shamnad@gmail.com>, Dharmesh Patel

<dpatel@gnlu.ac.in>, "Ms. Dolly Jabbal" <djabbal@gnlu.ac.in>

Thank you Donnie. We will examine and revert back to you.

Kind regards, Director

On Sun, Jun 3, 2012 at 10:09 PM, Donnie

Lawyer<donnie.a@lawyer.com> wrote:

Dear Sir,

I am a law aspirant from Kolkata. I am writing this letter to

explain my situation to you, with the hope that you will be able

to understand my circumstances and extend a helping hand.

I secured All India Rank 427 in the CLAT, which affords me

the opportunity to secure admission in GNLU under the General

Category. Unfortunately, I was not able to clear my Class XII

exam in my first attempt (in 2011) owing to special

58

circumstances, and have cleared it this year.

I have received no economic support from my parents from the

time I passed my Class X examination in 2008, and my schooling

has been very erratic since then. I have undertaken various

types of errands to earn a living, but the money I earned was a

pittance compared to my school fees. I could not fund my

education, and could not be admitted to Class XI.

Fortunately, I received some financial support from my sister

next year (in 2009), and was admitted to Class XI. I passed my

Class XI examinations in the first attempt. 

However, my sister could not continue to provide financial

support, and as I had no money to pay the school fees, I could

not be admitted to Class XII (which was due in March 2010).

After six months, by turn of fate, I heard about the

Increasing Diversity to Increase Access (IDIA) which was

started by Prof. Shamnad Basheer. I scored first rank in the IDIA

Entrance and was admitted into the programme. IDIA paid

for my school fees in December 2011, after which I was

admitted to Class XII. 

I was really grateful to have received the opportunity to attempt

59

Class XII. I decided to give the exams my best shot, although I

had not attended any classes and had less than 70 days to

prepare.

Owing to my late rejoining of Class 12 and the sheer paucity of

time, I could not clear the exam, despite my best attempt.

IDIA continued to fund my education in 2012, and I decided to

study hard and focus on my Class XII and CLAT. I was confident

that I could do better this time and do well in CLAT. I was happy

to clear my Board exams this year, and fortunately, I secured All

India Rank 427 in the CLAT.

Please note that my inability to clear Class XII examination in

the first attempt was due to lack of financial support and

uncertainty of receiving school education and having missed so

many classes before I was again enrolled after IDIA paid my

fees. 

I was very disturbed about not being admitted to a school, and

continued to take minor jobs to make a living. Despite not

having attended classes, I was glad to have an opportunity to sit

for Class XII exams and gave it my best attempt, but

unfortunately I could not clear it the first time.

60

However, my life has changed for the better since IDIA has

supported me, and I have worked very hard last year. I am

happy to have a score which enables me to secure admission to

GNLU, and I urge you to please consider my request and relax

the rule owing to my special and unavoidable circumstances,

which were beyond my control.

I shall be forever grateful to you for allowing me admission to

your university.

Sincerely,

Osho Donnie Ashok

-- 

**************************************

Prof (Dr) Bimal N. Patel

Director

Gujarat National Law University

Attalika Avenue, Knowledge Corridor, 

Koba-Gandhinagar 382 007 (Gujarat)

INDIA

Email: vc@gnlu.ac.in

Website: www.gnlu.ac.in

61

Annexure P/6 (Colly)

From: Shamnad <shamnad@gmail.com>

Subject: Re: Urgent Donnie's case

Date: 8 June 2012 9:53:50 PM GMT+05:30

To: Dharmesh Patel <dpatel@gnlu.ac.in>

Cc: "Bimal N. Patel" <vc@gnlu.ac.in>, Donnie Lawyer

<donnie.a@lawyer.com>, "Ms. Dolly Jabbal"

<djabbal@gnlu.ac.in>, vikrant pachnanda

<vikrant.pachnanda@gmail.com>, bitadru sarkar

<sarkarbitadru@gmail.com>, "Mr. Thomas Mathew"

<tmathew@gnlu.ac.in>, bimalrupal@gmail.com

Dear Prof Patel and Ms Jabbal:

Pursuant to my below email to you, I want to thank

Mr Dharmesh Patel for sending us the copy of the AC, EC and GC

resolutions on the issue. 

We have studied the same and it is very clear that the EC and GC

merely approved the "information" brochure without in any

way explicitly amending the regulations. As you can appreciate,

if you seek to amend a regulation, then it must be stated so

62

explicitly in the agenda to the EC and other bodies that are to

approve these amendments under the GNLU statute.

May I please quote the extract of the EC resolution (20th EC

meeting on 16th December 2011) on this count:

"Additional Agenda 7: LL. M. intake revision and

information for CLAT 2012 prospectus

The Council approved the fee revision and information for

CLAT 2012 prospectus." 

A mere informational brochure approved as an "informational"

brochure cannot be tantamount to an amendment to a

Regulation, which as you can appreciate is at a much higher

legal pedestal than a mere brochure. 

Put another way, the Council merely approved the information

for the prospectus without seeking to amend any regulation. If

an amendment to the regulation is sought, that must be

expressly stated so in the agenda and the EC must clearly reflect

and then approve or disprove that particular amendment. This

is made more than amply clear by the fact that a related GC

meeting (VIII meeting in January 2012) sought to discuss

amendments  to the "regulations" very explicitly. I draw your

attention to:

63

"The VII meeting of the General Council resolved that one third

of the members of the General Council shall form the quorum at

any meeting of the General Council and therefore necessary

amendment should be proposed to the Executive Council for the

amendment in the GNLU Regulation." 

In other words, where an amendment is sought, it is very

explicitly mentioned in the minutes/agenda of these meetings.

To summarise, the situation is as below:

The GNLU Regulation 59 (as available

at:  http://gnlu.ac.in/GNLU_Regulations.pdf) mentions that:

“Candidates with compartment/supplementary in any subject

in the  qualifying examination are not eligible for admission.”

 

The GNLU brochure however (as available

at <http://clat.ac.in/uni_pdf/GNLU%20Gandhinagar.pdf> on

page 39) adds a new eligibility condition altogether by

stipulating that: 

“Candidates passing HSc/10+2/equivalent exam by

re-take/more than one attempt/special permissions are not

eligible.”     

64

As we have repeatedly argued, a mere brochure cannot override

a Regulation. The EC resolution approving the contents of the

brochure, cannot by any stretch of imagination amount to a

specific amendment of the Regulations in the eyes of the law. 

I also attach a legal opinion which we've procured on the issue

which clearly demonstrates that under existing GNLU

regulations, Donnie is well entitled to take admission.

Donnie's case has now been taken up by several well wishers

across the country who wish to take this matter to court.

However, owing to my existing relationship with GNLU and in

particular the respect I have for Prof Bimal Patel and you, I am

not  in favour of litigating this, unless we see no fair end in

sight. 

Could you please come back with your decision on this by

tomorrow morning (preferably by 10 am)---since if we have to

litigate this, we must file our writ by tomorrow late morning (by

around 11 am), so as to secure some order before the process

for the second list begins. 

Donnie has gone through very trying circumstances and I

believe this misinterpretation of the rule causes grave injustice

65

to a very deserving candidate who braved very challenging odds

to get to where he is. 

You have been very supportive of the IDIA project (and our IDIA

.scholars) and I do hope that you will interpret your rules in a

manner that appropriately fosters the ends of fairness and

justice.

Till then, I remain,

Most sincerely yours,

Shamnad Basheer

Shamnad Basheer

Ministry of HRD Professor in IP Law

National University of Juridical Sciences

Salt Lake, Sector III, 12 LB Block

Kolkata - 700098, India

Founder: IDIA

<http://www.idialaw.com>

66

Founder: SpicyIP

<http://www.spicyip.com>

Founder: P-PIL

<www.p-pil.com>

NUJS profile page : <http://www.nujs.edu/faculty/shamnad-

basheer.html> 

SSRN Author page: <http://ssrn.com/author=339749> 

Tel No: +91 9831512975

"Independence can only come from realising our inherent

interdependence”

On Fri, Jun 8, 2012 at 6:58 AM,

Shamnad<shamnad@gmail.com> wrote:

Dear Prof Patel,

We had brought to your kind attention the case of Mr. Donnie

Ashok a candidate seeking admission to GNLU. You had

67

mentioned to me that he is ineligible to take admission despite

him having been allotted GNLU under the CLAT list on account

of his having cleared class 12 only on the second attempt. 

I fully understand that as the head of a premier university you

are bound by the rules and regulations governing the university

and you rightly find it difficult to deviate from them. I also

appreciate that the university cannot offer admission to a

student who does not possess the minimum criteria applicable

under the rules and regulations. 

However, we are not requesting you for a deviation from the

rules or any special concession for Donnie. We are simply

bringing to your attention that the GNLU rules themselves fully

entitles Donnie to admission at GNLU.  We have also sought the

opinion of several lawyers on this count, all of whom agree that

Donnie is fully entitled to admission at GNLU under the present

rules. 

Section 41 of the GNLU Act states:

"No student shall be enrolled

as a student of the University,

unless he possesses such

qualifications as may be

68

prescribed by the

regulations."

The GNLU Regulations state the following in relation to

eligibility of a student for admission:

57: (1)   No student shall be

eligible to enrolment in the

Undergraduate Programme

of the University unless he

has passed the Higher

Secondary School Certificate

Examination conducted by

the Gujarat Secondary

Education Board or an

examination considered by

the University as equivalent

thereto. Students who have

obtained a first degree from a

UGC recognized University

shall be entitled to take

admission, subject to passing

of the CLAT.

59: (1) Undergraduate

Programmes:

69

                 (a) Admission

Criteria and Procedure

                     Admission criteria

and procedure for

Undergraduate programmes

of the University shall be as

follows:

                      (1) Admission to

the University shall be purely

on the basis of merit, mainly

assessed through a Common

Law Admission Test.

                      (2) ...

                (b) Eligibility

                 To be eligible for

taking CLAT, a candidate

should have passed Higher

Secondary

School/Intermediate

Examination (10+2) or its

equivalent examination with

not less that 50%  marks in

aggregate (45% in case of

SC/ST/OBC and Persons with

70

Disability) subject to

reservation at the University

concerned. Candidate

appearing in the qualifying

examination can also appear

provisionally. However they

shall have to produce proof

of having passed the

qualifying exam before or at

the time of counseling with

detailed mark sheet.

Note: Candidates with

compartment/supplementar

y in any subject in the

qualifying examination are

not eligible for admission.

...

Explanation: The Director

shall have the discretion to

review the above Admission

Criteria and Procedure,

including the intake capacity,

and sufficiency of the number

of students for the running of

each of the three

71

undergraduate degree

courses.

 

From the above regulations, I understand that for a student to

be eligible to be admitted to GNLU, in addition to having

secured the adequate rank in CLAT, he or she must have

secured a minimum of 50% of marks in Class 12 examination. I

also understand that a

“candidate withcompartment/supplementary in any subject” is

ineligible for admission.

As demonstrated by the records, Donnie has secured more than

50% in his class 12 examinations. He is not a candidate “with

compartment/supplementary” as he has presently cleared all

his papers. My understanding of the proviso is that it applies to

a candidate who has received 50% or more of marks in the

qualifying exam, but has failed in one or more subjects and is

yet to clear those subjects through the

‘compartment/supplementary’ route.

Donnie is not covered by this proviso. He failed his class 12 in

the first attempt. He repeated class 12. And he cleared all the

papers. At present he has cleared ALL his papers and he is not

‘with a compartment or supplementary’. In addition, he never

72

had a supplementary or compartmental as he repeated the

entire year, not specific papers.

Thus, under the Regulations, there is nothing rendering Donnie

ineligible for admission. As per the GNLU Act, the criteria for

admission are those prescribed under the Regulations. Further,

Section 46 of the Act makes it clear that even the Executive

Council of the university can amend the regulations relating to

admission criteria only with approval of the Academic Council.

Moreover, any Regulations under the Act are to be laid before

the Hon’ble Chief Justice of India for his approval. Therefore, the

university is not at liberty to impose additional requirements

like that a student must have passed class 12 in a single attempt

without a suitable amendment in the Regulations by the

Executive Council and its due approval by the Academic Council

and the CJI.

Given the above, we see no reason under the applicable rules

and regulations for Donnie to be disqualified. Therefore, we

request you to kindly revisit your decision in the matter.

We also request your humane consideration in this matter as

the circumstances surrounding Donnie’s failing class 12 have

been unique. He was expelled from his school in class 11

because his family could not afford the fees. I came across him

73

during the year when he should have been in class 12. IDIA paid

the arrears of his school fees and he rejoined the school. By

then, it was already November and he was far behind other

schools. Also, he had chosen a school shaped out of an old

garage with no proper teachers for many of his subjects as his

finances would not permit anything better. With no teachers in

the school and just half an academic year left ahead of him, he

was not in a position to pass the board exams. Clearing CLAT

from such an environment certainly takes superhuman effort

and will power which needs to be encouraged by us, educators.

Given these traits, I am sure he will be an asset to your

institution.

Given all the above, I hope you will revisit Donnie’s case and

come out with a favourable decision in accordance with the

applicable rules and regulations. You have been very supportive

of the IDIA movement which seeks to enhance access to premier

legal education in favor of underprivileged students. We had 11

of our IDIA scholars who were successful with CLAT this time

and allotted seats at the premier law schools. We are not asking

for any special concession for any of them: but merely that the

rules be applied fairly to them.

We will continue to look forward to your continued

encouragement and support. 

74

I am also copying in two of your ex-students, Vikrant Pachnanda

and Bitadru Sarkar on this email, with the request that they also

take up the matter with you, so that it can be resolved quickly. 

Thanking you,

Yours sincerely,

Shamnad Basheer.

 

Shamnad Basheer

Ministry of HRD Professor in IP Law

National University of Juridical Sciences

Salt Lake, Sector III, 12 LB Block

Kolkata - 700098, India

Founder: IDIA

<http://www.idialaw.com>

Founder: SpicyIP

<http://www.spicyip.com>

Founder: P-PIL

<www.p-pil.com>

NUJS profile page : <http://www.nujs.edu/faculty/shamnad-

75

basheer.html> 

SSRN Author page: <http://ssrn.com/author=339749> 

Tel No: +91 9831512975

76

Annexure P/7 (Colly)

GUJARAT NATIONAL LAW UNIVERSITY

Old NIFT Building, E-4 GIDC, Electronics Estate,

Gandhinagar-382028, Phones: 079-

2387157/2387158, Fax: 079-23287156,

http://www.gnlu.org.in

Twentieth Meeting of the GNLU Executive

Council

held at the Office of the Addl. Chief Secretary, Finance

Dept., Govt. of Gujarat on Friday, 16 December 2011

at 1100 hrs

MINUTES OF THE MEETING

Twentieth meeting of the Executive Council (hereinafter “the

Council”) was held on Friday, 16 December 2011 at 1100 hrs at

the office of the Additional Chief Secretary, Finance Department,

Government of Gujarat.

77

Agenda item no. 1: The Council adopted the agenda and

verified the quorum. The following members were present.

Participants:

1. Mr. Bimal Patel (Presiding Officer), Director, GNLU

2. Mr. M. M. Srivastava, Additional Chief Secretary, Finance

Department, Govt. of Gujarat

3. Dr. Hasmukh Adhia, Principal Secretary, Education

Department, Govt. of Gujarat

4. Mr. O. L. Pandey, Secretary & RLA, Legal Department,

Govt. of Gujarat

5. Dr. Dolly Jabbal, Associate Professor of Law & Registrar

(I/C), GNLU

6. Dr. Ranita Nagar, Associate Professor of Economics, GNLU

7. Dr. K. Parameswaran, Associate Professor of Law, GNLU

Special Invitees:-

1. Dr. Udayakumara Ramkrishna B.N, Dean & Assistant

Professor of Law, GNLU

78

Following members expressed their inability to

attend the meeting because of their prior

commitments

1. Hon’ble Mr. Justice A. L. Dave, Judge, Gujarat High

Court

2. Mr. Kamal Trivedi, Advocate General, State of Gujarat

3. Mr. A. K. Joti, Chief Secretary, Govt. of Gujarat

4. Mr. Samir Barua, Director, IIM, Ahmedabad

5. Dr. Shobhalata V. Udapudi, Associate Professor of Law,

GNLU

6. Dr. Mamta Biswal, Associate Professor of Law, GNLU

Rapporteur: Mr. Dharmesh Patel, Planning and

Coordination Officer, GNLU

Agenda item no. 2: Minutes of the 19th Meeting (II

79

Session) held on 4 October 2011

The Council approved the minutes of the 19th meeting (II

Session) of the Council held on Tuesday, 4 October 2011

at the Chief Justice Lounge, High Court of Gujarat with

the following modification;

Additional Agenda No. 3: Reimbursement Claim of

Prof. Bimal N. Patel, Director for the mediclaim

expenses under GNLU Regulation 55.

The Council approved the post medicine expenses of Rs.

4,000/- per month up to period of one year on the basis

of submission of the actual bills.

Agenda item no. 3: Report of the University

The Council noted the report and appreciated the progress of

the University. The Council resolved to recommend the High

Court of Gujarat to allow GNLU final year students to appear in

the Civil Judge Examination.

80

Agenda item no. 4: Appointment & Separation

The Council discussed and approved the following

appointments and separation of Site Engineer (Electrical).

- Head of Examinations/Assistant Controller of

Examination

- Head Budget, Accounts & Finance/ Assistant Finance

Officer

- Head of Internship & Placement

- Secretary to the Registrar

- Head of Electrical And Equipment Store

- Information System & Technology Equipment

Assistant /Network & Specialist

For the remaining positions the Council requested for the

summery of the recruitment process for the approval.

Agenda item no. 5: Revision of Fee Structure

81

After necessary discussion and deliberation the Council

approved the revision of fee structure recommended by the

Finance Committee. Following fees will be applicable to

students of various batches after revision;

Category

UG students (Fees in Rs.)

PG students (Fees in

Rs.)

Gener

al SC/ST/PH NRI/FN

General

/

NRI/FNSC/ST/

PH

33,000/- +

25,000/- +

5,000

A.Y. 2011-12

93,000

/- 78,000/- 10,000 USD

50,000/

- USD

(without

deposit) (NRI) (NRI)

A.Y. 2012-13 37,000/- +

29,000/- +

5,000

(Existing

Students

1,03,00

0/- 86,500/- 10,000 USD

56,500/

- USD

82

without

deposit) (NRI) (NRI)

A.Y. 2012-13 33,000/- + 33,000/- +

(New

Students

1,13,00

0/- 93,000/- 12000 (NRI)/

58,000/

- 3,000 (NRI)/

without

deposit)

15000 (FN)

USD

5,000 (FN)

USD

83

A.Y. 2012-13 55,000/- + 55,000/- +

(New

Students

1,35,000

/-

1,15,000

/- 12000 (NRI)/

75,000/

- 3,000 (NRI)/

with deposit)

15000 (FN)

USD

5,000 (FN)

USD

A.Y. – Academic Year, F. N. – Foreign

National

Agenda item no. 6: Staff and Financial Rules &

Regulations

The Council appreciated and approved the

Regulations and Rules.

Agenda item no. 7: Revision of Auditors Fees for new

campus

The Council approved the revision of the fees as

84

recommended by the Finance Committee.

Agenda item no. 8: Purchase of New Computers

The Council recommended to purchase the required IT

equipment through the Gujarat Informatics Limited

(GIL) and if the GIL is unable to provide within the time

frame required by the GNLU, then, the same to

purchased under DGS & D rates.

Agenda item no. 9: Campus Development Updates

The Council noted the final approval of Rs. 150 crore as

final project cost for the construction of the campus

and asked the Director to expedite the progress.

Agenda item no. 10: Shifting, Inauguration, General

Council meeting and third Convocation

85

The council noted the planned events and approved

the same.

Agenda item no. 11: Abolition of post of Office of

Superintendent and Termination of Services

The Council noted and advised to follow applicable

rules of the departmental inquiry.

Agenda item no. 12: Any other agenda with the

permission of the Chair

Additional Agenda 1: Reimbursement of

transportation cost to the mess

contractor

The Council discussed and approved the

reimbursement of actual expenditure to the mess

86

contractor.

Additional Agenda 2: Convocation dress

The Council noted and approved the Convocation

dress without cap.

87

Additional Agenda 3: Biometric Time Attendance

System

The Council approved the proposal for employees and

students after necessary discussion and deliberations.

Additional Agenda 4: Appointment of Deputy Engineer

The Council approved the recruitment of Mr. Hiren Pandit

as Deputy Engineer.

Additional Agenda 5: Nomenclature of the Class Room

at the new campus

The Council discussed and advised to wait for the

nomenclature of the class rooms.

Additional Agenda 6: Statue of Sardar Vallabhbhai

Patel and Mahatma

88

Gandhi at the new campus and draft plaque for the

inauguration

The Council discussed and approved the expenditure

under the Campus Development Fund.

Additional Agenda 7: LL. M. intake revision and

information for CLAT 2012

prospectus

The Council approved the fee revision and information for

CLAT 2012 prospectus.

*****

GUJARAT NATIONAL LAW UNIVERSITY

Attalika Avenue, Knowledge Corridor,

Koba, Gandhinagar

89

Web: www.gnlu.ac.in

Ninth Meeting of the GNLU

Academic Council held at

the Gujarat National Law

University on Friday, 20

January 2012 at 1600 hrs

MINUTES OF THE MEETING

Ninth meeting of the Academic Council (hereinafter “the

Council”) was held on Friday, 20 January 2012 at 1600 hrs

at the Gujarat National Law University.

Agenda item no. 1: The Council adopted the agenda and

verified the quorum. The following members were present.

90

Participants:

8. Prof. Dr. Bimal N. Patel (Chairman), Director, GNLU

9. Mr. Hemant J. Patel, Member, Bar Council of India

10. Mr. Gopinath Amin, Member, Bar Council of Gujarat

11. Prof. N. K. Pathak, Former Director, School of law,

Gujarat University

12. Dr. Shobhalata V. Udapudi, Associate Prof. of Law,

GNLU

13. Dr. Vikas Gandhi, Asst. Prof. of Law, GNLU

Special Invitees:-

7. Dr. Dolly Jabbal, Registrar (I/C), GNLU

8. Dr. Udayakumara Ramkrishna B. N., Dean & Assistant

Professor of Law, GNLU

Following members expressed their inability to attend

the meeting because of their prior commitments

91

- Dr. S. Sivakumar, Research Professor, Indian Law

Institute, New Delhi

- Dr. V. S. Elizabeth, Addl. Prof. of History, NLSIU

Rapporteur: Mr. Dharmesh Patel, Planning and

Coordination Officer, GNLU

Agenda item no. 2: Approval of minutes of the VIII

meeting held on Sunday, 17 July 2011

The Council approved the minutes of the VIII meeting held

on Sunday, 17 July 2011.

92

Agenda item no. 3: List of the existing faculty members

The Council noted the list of the existing faculty members.

93

Agenda item no. 4: GNLU Academic Directives

The Council noted and approved/ratified the GNLU

Academic Directives published in the last six months.

The Council suggested that students should be given

more training on the research methodology and be

encouraged by various ways to to increase their

research aptitude.

Agenda item no. 5: Award of degree to the

graduated students of 2006 batch and post

graduate students of 2009 batch

The Council approved to award the degree to one

fifty four students of UG and two students of PG on the

III Convocation on 21 January 2012.

Agenda item no. 6: Award of Gold Medals

94

The Council approved to award 19 Gold Medals

according to the recommendation of the Scholarships

and Awards Committee on the III Convocation on 21

January 2012.

Agenda item no. 7: Course Structure and Fee

Structure for UG and PG

The Council noted the revision of the fees approved

by the Executive Council and ratified the information

for CLAT prospectus 2012.

Agenda item no. 8: Any other agenda with the

permission of the Chair Additional

Agenda 1: Three years LL. B. Course for

working professionals

The Council approved the proposal of starting

three years LL. B. Couse subject to the detailed

guideline to be circulated for the same and

95

necessary permission from the Bar Council of

India/Gujarat may be granted.

Additional Agenda 2: Proposal for Advanced

Contract Law

The Council approved the proposal to

introduce Advance Contract Law.

Additional Agenda 3: Proposal for Practical

Training-cum-evaluation mechanism

The Council approved the proposal for practical

Training-cum-evaluation mechanism. The

detailed guidelines and evaluation scheme shall

be circulated for the approval of the Council.

96

Additional Agenda 3: Legal Practical

Assignment for final semester

The Council approved the proposal for Legal

Practical Assignment for final semester. The

detailed guidelines and evaluation scheme shall

be circulated for the approval of the Council.

*****

(TRUE TYPED COPY)

97

GUJARAT NATIONAL LAW UNIVERSITY

Attalika Avenue, Knowledge Corridor, Koba, Gandhinagar

http://www.gnlu.ac.in

Eighth Meeting of the General Council Saturday, 21January 2012 at 1000 hrs

at Gujarat National Law University, Gandhinagar

MINUTES OF THE MEETING

Eighth meeting of the General Council (hereinafter “the

Council”) of the Gujarat National Law University was

held on Saturday, 21 January 2012 at 1000hrs at the

Gujarat National Law University, Gandhinagar.

Agenda item no. 1: Adoption of the agenda and verification of the quorum

The Council adopted the agenda verified the quorum,

consisting of 18 members out of the total strength of 26

members (vacant positions are not counted in total

strength).

Participants:

1. Hon'ble Mr. Justice Anil R. Dave, Judge, Supreme Court of India& Visitor, GNLU

2. Hon'ble Mr. Justice A. L. Dave, Judge, High Court of Gujarat

3. Hon'ble Mr. Justice Jayant M. Patel, Judge, High Court of Gujarat

98

4. Hon'ble Mr. Justice S. M. Soni, Judge (Retd.), High Court of Gujarat

5. Mr. Kamal B. Trivedi, Advocate General, State of Gujarat

6. Prof. (Dr.) Bimal N. Patel, Director, GNLU

7. Ms. Jayanti S. Ravi, Commissioner, High Education, Govt. of Gujarat (Nominee of Hon'ble Shri Ramanlal Vora, Minister for Education, Gujarat)

8. Mr. H. D. Vyas, Secretary, Legislative & Parliamentary Affairs, Govt. of Gujarat (Nominee of Mr. A. K. Joti, Chief Secretary, Govt. of Gujarat)

9. Mr. C. J. Gothi, Secretary (I/C), Legal Department, Govt. of Gujarat

10. Mr. Pankaj S. Champaneri, Assistant Solicitor General, High Court of Gujarat (Nominee of Harin P. Raval, Additional Solicitor General for India)

11. Mr. Hemant J. Patel, Member – Bar Council of India (Nominee of Mr. Ashok Parija, Chairman, Bar Council of India)

12. Mr. Gopinath Amin, Member, Bar Council of Gujarat

(Nominee of Mr. Yogesh Lakhani, Sr. Advocate, High Court of Gujarat)

13. Prof. P. M. Patel, Professor of Political Science, OSD, Faculty of Law, M. S. University (Nominee of Prof. Yogesh Singh, VC, M. S. University)

14. Mr. B. G. Maniar, Associate Professor of Law &HoD, Saurashtra University (Nominee of Mr. M. K. Padalia, VC, Saurashtra University)

15. Prof. (Dr.) K. D. Rao, Registrar, NLU,

99

Delhi

(Nominee of Prof. (Dr.) Ranbir Singh, Vice-Chancellor, NLU, Delhi)

16. Mr. N. K. Pathak, Former Director, School of Law, Gujarat University (Nominee of Mr. C. Jayaraj)

GNLU GC/VIII Meeting Minutes

21 January 2012, Page 1 of 7

9. Dr. Dolly Jabbal, Registrar (I/C) & Associate Professor of Law, GNLU (Nominee of Hon'ble Mr. Justice M. R. Calla)

10. Dr. Udayakumara Ramakrishna B. N., Dean & Asst. Prof. of Law, GNLU

(Nominee of Hon'ble Mr. Justice C. K. Thakker, Former Judge, Supreme Court of India)

Special Invitee:

Mr. Amal Dhru, Amal Datt & Associate, Chartered

Accountant, Ahmedabad & GNLU Auditor

Following members expressed their inability to attend the meeting because of their prior commitments:

1. Hon'ble Mr. Justice G. S. Singhvi, Judge, Supreme Court of India

2. Mr. R. F. Nariman, Solicitor General of India

3. Hon'ble Mr. G. E. Vahanvati, Attorney General of India

4. Hon'ble Mr. Justice Bhaskar Bhattacharya, Acting Chief Justice, Gujarat

5. Hon'ble Mr.Dileep Sanghani, Minister for Law &

100

Justice, Gujarat

6. Prof. (Dr.) Samir Barua, Director, IIM, Ahmedabad

7. Mr. Suresh Shelat, Sr. Advocate, High Court of Gujarat

8. Prof. Umakant Pandit, Sr. Advocate, High Court of Gujarat

Rapporteur: Mr. Dharmesh Patel, Planning and Coordination Officer, GNLU.

The Council expressed a serious concern that according to the GNLU Regulations 3(3); a fifteen calendar days' notice is required. However, agenda papers for this meeting were received only before three days and due to this, members were not able to study the agenda in detail for fruitful discussion.The Director explained that due to shifting work and Inauguration function of the new campus, agenda papers could not be dispatched in time. It was also mentioned that date of the VIII meeting was fixed in the VII meeting and formal intimation was given on 15 December 2011 for the same.

The Council agreed with the explanation and informed

that due care should be taken in future to ensure that all

members receive agenda papers prior to fifteen days of

the meeting.

Agenda item no. 2: Approval of draft minute of the VII meeting held on 16 January 2011

The Council approved the draft minutes of the VII

meeting of the Council held on Sunday, 16 January

2011 at 1000 hrs at the Annexe, Circuit House,

Ahmedabad.

101

Following points were discussed under this agenda item;

VIII General Council Meeting Minutes 21 January 2012 at 100 hrs, Page 2 of 7

The VII meeting of the General Council resolved that one third of the members of the General Council shall form the quorum at any meeting of the General Council and therefore necessary amendment should be proposed to the Executive Council for the amendment in the GNLU Regulation.

2) General Council consist of 34 members from various parts of the Country and therefore difficulties are faced for forming a quorum at any meeting of the General Council. Considering this fact, it was proposed to make necessary amendment in the Act to reduce the strength of the members and include membership within the State wherever possible for the convenient participation of the members. Other anomalies were discussed including protocol problem in the membership list of the Act.

The Council constituted a committee to study the Act and examine any amendments necessary, in view of the functioning of GNLU for last 7 years.

1) Hon'ble Mr. Anil R. Dave, Judge, Supreme Court of India & Visitor, GNLU

2) Hon'ble Mr. Justice Jayant M. Patel, Judge, High Court of Gujarat

3) Mr. Kamal Trivedi, Advocate General, State of Gujarat

The Council resolved that the Visitor may

102

constitute a Review Commission pursuant to

Section 48(1) of the Gujarat National Law

University Act, 2003 to review the functioning

of the University.

Agenda item no. 3: Annual Report of the University for the year 2011

The Council approved the Annual Report and appreciated the progress of the University.

Following points were discussed under this agenda item;

1) The Director informed that maintenance of the new campus will require huge expenditure. Other national law universities are getting recurring grants from their respective State Governments and therefore Government of Gujarat may be requested to provide recurring grant to GNLU on annual basis.The Councilagreed that maintenance of the campus will require huge fund and therefore a proposal including comparative analysis of other national law universities and requirement of GNLU should be prepared to be placed before the Government of Gujarat.

2) With reference to the request to include tangible outcome of the Gujarat Legal Education Project (GLEP) in the GNLU Annual Report, the Director informed that Annual Report for the GLEP is prepared separately and sent to the Education Department, Government of Gujarat.

3) The Council, taking note of deficit incurred in GNLU International Moot-court Competition, Vibrant Gujarat Summit etc, emphasised that

103

activities involving substantial expenditure carrying sponsorships anticipation, shall be executed with the care for finance and after approval of the Finance Committee.

VIII General Council Meeting Minutes 21 January 2012 at 100 hrs, Page 3 of 7

Agenda item no. 4: Proposal - Implementation of Allowance for the UGC prescribed positions according to Central Government norms

The Council discussed and deliberated on the

financial implication due to implementations of

the allowances at par with Central government

norms. Considering the crunch of positions

required according to the UGC guideline and to

retain such staff, the Council approved

implementation of allowances and other benefits

for such staff as per the UGC/Central Government

norms, recruited as per the appropriate guidelines

with effect from 01 February 2012. Benefits and

allowances for positions other than the UGC

guideline recruited in accordance with the

Government of Gujarat norms/local norms shall

be at par with the Government of Gujarat norms.

The Council emphasised that GNLU shall follow

all UGC norms in recruitment, salary, allowances,

etc for all staff who are required as per the UGC

norms. The Director informed that GNLU will

ensure to put in place UGC mandated structure to

avail assistance from the UGC on a continuous and

gradual basis with funding availability.

Agenda item no. 5: Auditors’ Report (2010-11)

104

The Council approved the Auditor Report (2010-11) and noted the following;

“The Visitor shall be informed and consulted

on a regular basis for all policy matters and

important events.”

Agenda item no. 6: CAG report and compliances

The Council ratified the compliances made for the CAG para and approved the same.

Agenda item no. 7: Minutes of the meetings of the Academic Council, the Finance Committee and the Executive Council

The Council approved the minutes of the

meeting of the Academic Council, the Finance

Committee and the Executive Council held

between VII and VIII General Council meeting.

Agenda item no. 8: Any other agenda with the permission of the chair

Additional Agenda 1: Proposed dates for meetings of the General Council, Executive Council, the Finance Committee and the Academic Council

105

The Council proposed to organize two meetings of the General Council in a year to provide effective assistance for the progress of the GNLU. The Council fixed following schedule of meetings. The Council decided to hold the 4th Convocation on Saturday, 19 January 2013 at 1600 hours

V

III General Council Meeting Minutes 21 January 2012 at 100 hrs,

Page 4 of 7

Executive Council – requirement once in four months

21st Meeting Friday, 23 March 20121800 hrs at GNLU

22nd Meeting

Friday, 20 July 2012

1800 hrs at GNLU

23rd Meeting

Friday, 27

December 2012

1800 hrs at GNLU

Academic Council – requirement once in six months

10th Meeting Friday, 6 July 2012

1600 hrs at GNLU

11th Meeting

Friday, 18 January 2013

1000 hrs at GNLU

Finance Committee – requirement once in six

General Council – requirement once every year

9th Meeting

Saturday, 19 January 2013

1000 hrs at GNLU

10th Meeting

Saturday, 19 January 2013

1000 hrs at GNLU

106

months

10th Meeting Friday, 2 March 2012

1700 hrs at GNLU

11th Meeting

Friday, 21

September 2012

1700 hrs at GNLU

*IVConvocation: Saturday, 19 January 2013 at 1600 hours

Additional Agenda 2: Campus Development updates

The Director provided update on the Campus Development work. He also expressed difficulties and frustrations in organizing meeting of Standing Advisory Committee on Campus Development (SACCD) due to unavailability of the members. Copies of the email, sent to the members of the SACCD, were circulated to the members of the Council. He briefed and expressed serious concerns on failure of Architect in complying with the terms and conditions of appointment, serious substantial failure in providing services, humiliation of senior staff members of GNLU, delay in project completion, series of structural and minor defects in the premises, malice campaign, cost overrun, etc. and requested the Council to take stern actions against the Architect. The Council noted the information on Architect and progress of the Campus. The Council recommended to call a meeting of the SACCD at the earliest and to conduct the meeting with the members who can remain present in the meeting.

107

*****

Approval of the Minutes:-

Sl.

No.

Name of the member Signature

1. Hon'ble Mr. Justice Anil R.

Dave, Judge, Supreme

Court of India & Visitor,

GNLU

2. Hon'ble Mr. Justice A. L.

Dave, Judge, High Court of

Gujarat

3. Hon'ble Mr. Justice Jayant

M. Patel, Judge, High Court

of Gujarat

4. Hon'ble Mr. Justice S. M.

Soni, Judge (Retd.), High

Court of Gujarat

5. Mr. Kamal B. Trivedi,

Advocate-General, State of

Gujarat

108

6. Prof. (Dr.) Bimal N. Patel,

Director, GNLU

7. Dr. Jayanti S. Ravi, IAS,

Commissioner, High

Education, Govt. of Gujarat

(Nominee of Hon'ble Shri

Ramanlal Vora, Minister

for Education, Gujarat)

8. Mr. H. D. Vyas, Secretary,

Legislative &

Parliamentary Affairs,

Govt. of Gujarat (Nominee

of Mr. A. K. Joti, Chief

Secretary, Govt. of Gujarat)

9. Mr. C. J. Gothi, Secretary

(I/C), Legal Department,

Govt. of Gujarat

10. Mr. Pankaj S. Champaneri,

Assistant Solicitor General,

High Court of Gujarat

(Nominee of Harin P. Raval,

Additional Solicitor

General for India)

109

11. Mr. Hemant J. Patel,

Member – Bar Council of

India, (Nominee of Mr.

Ashok Parija, Chairman,

Bar Council of India)

12. Mr. Gopinath Amin,

Member, Bar Council of

Gujarat (Nominee of Mr.

Yogesh Lakhani, Sr.

Advocate, High Court of

Gujarat)

13. Prof. P. M. Patel, Professor

of Political Science, OSD,

Faculty of Law, M. S.

University (Nominee of

Prof. Yogesh Singh, VC,

M. S. University)

14. Mr. B. G. Maniar, Associate

Professor of Law & HoD,

Saurashtra University

(Nominee of Mr. M. K.

Padalia, VC, Saurashtra

University)

110

15. Prof. (Dr.) K. D. Rao,

Registrar, NLU, Delhi,

(Nominee of Prof. (Dr.)

Ranbir Singh, Vice-

Chancellor, NLU, Delhi)

16. Dr. Dolly Jabbal, Registrar

(I/C) & Associate Professor

of Law, GNLU (Nominee of

Hon'ble Mr. Justice M. R.

Calla)

17. Mr. N. K. Pathak, Former

Director, School of Law,

Gujarat University

(Nominee of Mr. C. Jayaraj)

18. Dr. Udayakumara

Ramakrishna B. N., Dean &

Asst. Prof. of Law, GNLU

(Nominee of Hon'ble Mr.

Justice C. K. Thakker,

Former Judge, Supreme

Court of India)

Special Invitee

Mr. Amal Dhru,

111

Amal Datt & Associate,

Chartered Accountant, &

GNLU Auditor

VIII General Council Meeting Minutes 21

January 2012 at 100 hrs, Page 5 of 7

VIII General Council Meeting Minutes 21

January 2012 at 100 hrs, Page 6 of 7

VIII General Council Meeting Minutes 21

January 2012 at 100 hrs, Page 7 of 7

112

Annexure P/8

On 08-Jun-2012, at 10:23 AM, Dharmesh Patel wrote:

Dear Prof. Bashir,

Following to our telephonic discussion and your discussion

with Prof. Thomas Mathew, kindly note that GNLU will not

be able to admit the candidate according to the published

information in CLAT brochure. The published information

was also approved by the Academic Council and Executive

Council who are competent body to decide in the matter.

You may request to CLAT office for reshuffling issue. CLAT

office will definitely consider him for reshuffling to another

NLU in the next list.

Thank you,

Rgds

***

(TRUE TYPED COPY)

113

Annexure P/9

Date: June 10, 2012

Notice

Today being a Sunday, some law universities could not provide

complete information regarding deposition of fees. Consequently,

the exact number of vacancies will be known on June 11, 2012 only.

Therefore, the II List of admission with reshuffling will be issued by

late evening on June 11, 2012.

Convenor

CLAT 2012

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

DISTRICT: Gandhinagar

SPECIAL CIVIL APPLICATION NO 7742 OF 2012

IN THE MATTER OF:

Osho Donnie Ashok

… Petitioner

VERSUS

State of Gujarat & Ors.

… Respondents

I N D E X

SR.

NO.

ANNEXUR

E

PARTICULARS PAGE

NO.

1 - Memo of Application 1 to 25

2 P/1 Memorandum of Understanding

establishing Common Law

Admission Test.

26 to

36

3 P/2 Copies of the relevant pages of rank

list and university allocation list of

Common Law Admission Test 2012

37 to

42A

4 P/3 Copy of the relevant page of the

CLAT Brochure 2012

43 to

54

5 P/4 Copy of the electronic mail dated

June 3, 2012 from the Petitioner to

the Director of GNLU, Respondent

No. 2

54A to

57

6 P/5 Copy of electronic mail dated June 4,

2012 from the Director of the

Respondent No. to the Petitioner.

58 to

61

7 P/6 Copies of electronic mails dated June

7 and 8, 2012 from Prof. Shamnad

Basheer to Respondent No, 2

62 to

75

8 P/7 Copies of the minutes of the relevant

meetings of the Executive Council,

Academic Council and the General

Council of GNLU, Respondent No. 2

76 to

109

9 P/8 Electronic mail dated June 8, 2012

from GNLU, Respondent No. 1to Prof.

Shamnad Basheer.

110

10 P/9 Notification published on the

website of Respondent No. 3 –

www.clat.ac.in dt. 10.06.2012

111

Place: _________Date: 10/06/2012

_______________________

(MUKUL SINHA) ADVOCATE FOR THE PETITIONER

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

DISTRICT: Gandhinagar

SPECIAL CIVIL APPLICATION NO 7742 OF 2012

IN THE MATTER OF:

Osho Donnie Ashok

… Petitioner

VERSUS

State of Gujarat & Ors.

… Respondents

LIST OF DATES AND EVENTS

SR.

NO.

DATE PARTICULARS

1 2009 The Petitioner (then a student in Class 11),

was expelled from school for non-payment of

fees.

2 November,

2010

IDIA, a charitable trust cleared the Petitioner’s

arrears of fees and petitioner was allowed to

rejoin school.

3 May, 2011 Petitioner appeared for class 12 examinations

and failed.

4 May, 2012 The petitioner passed Class 12 with 56.25%

aggregate

5 28.05.2012 Respondent 3 published results of Common

Law Admission Test, 2012. The petitioner

secured an All India General Rank of 427 and

was allotted a seat in National University of

Study and Research in Law, Ranchi

6 01.06.2012 Respondent 3 published a revised list

according to which the Petitioner was allotted

a seat in the Gujarat National Law University,

Respondent 2.

7 03.06.2012 The Petitioner addressed an electronic mail to

the Director of Respondent No. 2

8. 04.06.2012 The Director of Respondent 2 addressed an

electronic mail to the Petitioner.

9. 07.06.2012

and

08.06.2012

Prof. Shamnad Basheer, the Managing trustee

of IDIA corresponded with various

functionaries of Respondent No. 1through

electronic mail and telephone.

10. 08.06.2012 Respondent No. 1informed Prof. Shamnad

Basheer though electronic mail that the

Petitioner would not be admitted into the five

year B.A. LL.B. (Hons.) programme.

11. 08.06.2012 The Petitioner physically presented himself

before the admission desk of Respondent 2

with his application form and supporting

documents. Respondent 2 declined to accept

his application.

12. 10.06.2012 Notification published on the website of

Respondent No. 3 – www.clat.ac.in announcing

that second list of students would be published

on 11.06.2012

Place: _________

Date: 10/06/2012

_______________________

(MUKUL SINHA)

ADVOCATE FOR THE PETITIONER