Patna HC judge: No direct interest of petitioner in questioning legality of CLAT tender Patna HC judge: No direct interest of petitioner in questioning legality of CLAT tender

The Common Law Admission Test (CLAT) could not be challenged further in the Patna high court after it dismissed, without hearing, the writ before it on the ground that the petitioner was merely a publicity seeker and was acting as a “proxy” for someone else.

Patna HC judge Ajay Kumar Tripathi, who is a member of the General Council and the Academic Council of CNLU Patna, said that the petitioner had no place to bring a public interest litigation (PIL) questioning the legality of the CLAT 2017 tender awarded by CNLU to conduct the exam.

Tripathi ordered:

Since the petitioner does not seem to have a locus or direct interest, despite repeated question being put as to him as to how he is related with such conduct of examination, the present PIL is more a publicity seeking application, rather than raising a bona-fide or significant issue. The Court also perceives that it is a sponsored or proxy litigation.

PIL is dismissed, accordingly.

Tripathi “is keenly involved in the setting up of the Chanakya National Law University (CNLU) at Patna and is presently a member of the General and Academic Council of the University. Justice Tripathi is also a member of Academic Council of National Law School Bangalore and special invitee to BCI Education Committee,” according to the Patna HC’s website.

The case was accepted by the registry on 5 June and the first hearing in it was set for Monday, 10 July when Tripathi ordered it to be dismissed without hearing.

The petitioner Divyanshu Shekhar had alleged in the PIL that CNLU Patna compromised the tender for the conduct of CLAT 2017, by awarding it through a dubious process to an organisation which was not eligible for the tender and which had questionable credibility.

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Like +16 Object -0 Guest 12 Jul 17, 12:34  interesting  top rated
No conflict of interest here? shouldn't have recused?
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Like +12 Object -1 Darkseid 12 Jul 17, 16:23  interesting
If he had that much self-respect, he would have at least heard the case before dismissing it.
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Like +1 Object -15 CNLU Supporter 12 Jul 17, 16:45
We welcome order by Honble Judge and strongly support Learned CNLU VC and administration. Big slap to Legally India and other defamer of CNLU administration.
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Like +8 Object -0 Conflict 12 Jul 17, 17:39  interesting
There is a conflict of interest. He should have immediately recused. Knowing CNLU well, it is very much possible they could do this. The Registrar awarded the tender?
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Like +7 Object -1 Nail in the Coffin 13 Jul 17, 16:53  interesting
Not only is Justice Tripathi the General Council Member, his daughter has also passed out of this college. If this does not amount to conflict, then what does. I am not saying he is biased. But as a impartial judge, he ought to have ideally recused himaelf from this matter.
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Like +15 Object -0 Clat reexam 12 Jul 17, 21:07  interesting  top rated
We are in touch with Shammnad Sir let's see will he help us or not.A clear violation of natural justice.
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Like +1 Object -0 Guest 13 Jul 17, 04:03
Please cover this Cal HC order. Unprecedented!

http://www.news18.com/news/india/calcutta-hc-asks-law-minister-to-take-appropriate-action-to-appoint-judges-1459617.html
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Like +6 Object -0 CLATRe-Exam 13 Jul 17, 11:42  interesting
Shameful act..Judge ignored the meaning of PIL "It is not necessary that the petitioner has suffered some injury of his own or has had personal grievance to litigate" and Judge who is already a member of General and academic Council of Chanakya National Law University took the biased decision and safeguarding the interest of CNLU..This PIL involves the students community and their matter in CLAT 2017 Exams and judge easily dismissed the matter without hearing and blaming the petitioner as a publicity seeker and sponsored litigation..Shame on the decision..Perfect example of our blind folded Judiciary system..
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Like +2 Object -0 Guest 13 Jul 17, 21:51
Good news that this is going to the SC. Keep up the pressure.
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