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HC disposes GNLU appeal v 'oligarchy' order, orders independent inquiry into cheating allegation

Guj HC: Let independent committee look into cheating case (rather than judgment by oligarchy)Guj HC: Let independent committee look into cheating case (rather than judgment by oligarchy)

GNLU Gandhinagar will now complete its disciplinary proceedings against third year LLB student Jaymin Brahmbatt through an external inquiry committee which will decide whether Brahmbatt is guilty of cheating on a university exam. Brahmbatt will be allowed to proceed to the fourth year of LLB pending the enquiry.

Gujarat high court justices MR Shah and AS Supehia disposed of GNLU’s appeal against an order of a single judge of the high court who had ruled that GNLU had violated its own regulations and the principles of natural justice in the manner in which it had dealt with Brahmbatt’s case of alleged cheating during the exam, noting that GNLU was being run like an oligarchy that violated human rights.

GNLU had appealed against that order arguing that it was premature because the law school was yet to complete the disciplinary proceedings against Brahmbatt. The law school had also filed an application for interim stay on the order for the duration of pendency of the internal disciplinary proceedings. But the high court had dismissed the application for interim stay, holding that it had no confidence in the fairness of an enquiry conducted internally at GNLU

Disposing of the appeal today, the high court ordered that the committee that will conduct Brahmbatt’s disciplinary proceedings will be comprised of “Shri Mukesh Patel, renowned income tax practitioner and Shri Amal Dhru, chartered accountant”.

The court said that based on mutual consensus between Brahmbatt and GNLU, it passed the following other directions:

1. GNLU should initiate disciplinary proceedings against Brahmbatt in accordance with the disciplinary regulations on exams that were existing prior to the February 2016 amendment by which GNLU director Bimal Patel had co-opted the powers of the executive council to take disciplinary measures against allegedly guilty students, as the high court had indicated previously.

2. A family friend of Brahmbatt – Jayesh D Brahmbatt – has been allowed to accompany him before the inquiry committee

3. The venue of the inquiry would be decided by the Student Inquiry Committee under GNLU’s regulations

4. GNLU’s executive council would be the authority that will take the final decision in Brahmbatt’s case. It will do so by looking at the report of the inquiry committee, and taking a decision within 30 days from the submission of the report

5. Even though his exam stands cancelled at the moment, Brahmbatt would be allowed to proceed to the fourth year pending the inquiry, but would not be allowed to claim any equitable rights later on the basis of this promotion to fourth year

[documentcloud html Gujarat high court appeal order in Brahmbatt vs GNLU case]

Click to show 38 comments
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By reading the comments you agree that they are the (often anonymous) personal views and opinions of readers, which may be biased and unreliable, and for which Legally India therefore has no liability. If you believe a comment is inappropriate, please click 'Report to LI' below the comment and we will review it as soon as practicable.
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Like +0 Object -0 interested citizen 14 Jun 16, 14:38
The appellate order says that the court has modified to limited extent the order of the single judge.does this mean that the other observations against university and its director remain intact? because only the observations against the lawyer for GNLU have been quashed with consent of both sides. Please update us, Kain & Co.
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Like +1 Object -10 Guest 14 Jun 16, 15:07
This order clearly supports Professor Patel and the administration. Big slap to Legally India and indisciplined GNLU students. Shame on you.
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Like +5 Object -1 alumni 14 Jun 16, 15:14
LOOOLL!!! How does this order support "Professor" Patel? please elaborate...
you are obviously a gnlu faculty using gnlu's really slow wifi "cyberroam" and using office hours (for which you are paid a salary by the tax-payers) to surf the internet. hahahaha

Also, someone may really want to verify is Patel is eligible to become "Professor". to the best of our knowledge, he fails to meet the criteria for the same.
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Like +0 Object -0 kianganz 14 Jun 16, 16:16
By the way, those who feel LI is biased against GNLU, you should read the original report by none other than Madhava Menon, which was highly critical of GNLU and its admin:
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Like +1 Object -0 Legally awesome 14 Jun 16, 16:45
We all know who you are, dear "Guest". We all have read the mail you sent to 2012-17 batch by mistake.
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Like +1 Object -0 shom 14 Jun 16, 16:56
legally awesome, please share the mail sent by mistake. we want to read it. please. pretty please.
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Like +2 Object -0 GNLU guest lecturer 14 Jun 16, 15:32
This is great. Finally division bench had upheld observations and refused to interfere with single judge's judgment. I am very happy that shri Patel is still an oligarch and his reign is still the epitome of injustice. These observations must be etched in eternity so that no one in the future ever dares to take students for granted.
Kudos to honble division bench of high court for finally reigning in the unruly monster. We thank you honble judges
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Like +1 Object -1 4th year student 14 Jun 16, 16:06
Congrats to jaimin for giving gnlu a tough fight and winning. This is great news
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Like +2 Object -0 Concerned Party 14 Jun 16, 17:45
Mukesh Patel has been associated with GNLU for a long time and is also a visiting faculty

Amal Dhru is on the finance council/committee of gnlu.

Biasness can be shown.
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Like +1 Object -0 Guest 15 Jun 16, 11:27
Kian this morning there is an job advertisement in TOI saying Amity Law School has got permission from Bar Council to start a Dubai campus and is looking for a director. How did BCI give them permission? Also, how is the Dubai campus? Who is teaching there? Please do a report.
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Like +2 Object -4 In defence of GNLU 15 Jun 16, 12:01
I am a supporter of GNLU and Prof Patel. I want to counter the criticism by the students and Legally India as follows:

1. ADMINISTRATION: Please remember this same administration has built a world-class campus. This same administration has promoted links with corporates, which is leading to excellent placement and record number of hires by Amarchand. Regarding the court case, due process of law is being followed and the final verdict is yet to come. You should understand this as lawyers.

2. FACULTY: All NLUs are struggling to hire good faculty. Jindal is attracting alumni of NLUs by paying them law firm salaries.Faculty have also left NALSAR, NUJS, NLUD etc for Jindal. Jindal pays them high salaries by charging huge fees and catering to rich students. Do you want GNLU to follow such a model? Prof Patel is the only head of an NLU who has studied abroad. He has a PhD from Leiden University, which is a prestigious university.

3. DISCIPLINE ISSUES: NLUs have become reputed because of strict discipline and absence of campus politics. Do you want GNLU to become like a local government college?

You people are being unfair and do not appreciate how good GNLU is. Look at other law schools and you will understand. Stop defaming GNLU needlessly.
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Like +7 Object -1 What is in a name? 15 Jun 16, 18:33  interesting
If you think GNLU has become what it is today because of University administration, you are mistaken. If you think University is able to attract 'excellent' placements because of administration's efforts, you are mistaken. The reason firms come to GNLU is because of alumni's hardwork and persistent efforts of student members of the recruitment committee. What the administration does not understand, and I hope to god someday it will, is that if they start listening to students and their constructive suggestions, the University will progress way more than it is right now.

The administration must understand that students are the most important stakeholder of any University, administration isn't. As much as this hurts administration's ego, it is a bitter (not really!) truth that they must accept. The students of GNLU only want good for the University. But, ofcourse, these unqualified people will not understand anything.
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Like +1 Object -1 kianganz 15 Jun 16, 18:37
It's perhaps a tiny bit more complicated: GNLU also has a LOT of money, which helps, and arguably Bimal Patel should get some credit for getting money out of the Gujarat government.

(or you might alternatively argue that the Gujarat government would have heavily funded its law school anyway, so whether Patel or someone else was in charge would have made little difference)
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Like +4 Object -0 Idle Observer 15 Jun 16, 18:54
Hi Kian. I have the firm view that you do not intend any bias against GNLU. In light of that, and out of respect for the GNLU students and alumni, perhaps you should reconsider your comment? I agree that GNLU HAD a lot of money. However, besides building the campus administrative and academic blocks, it has not helped us much.

The money is not really released easily for academic purposes such as organizing certificate courses. I am aware of occasions where students have paid out of their pockets to give a proper dinner to foreign faculty who conducts courses, as that faculty could not consume the mess food.

Granted, the money allowed the University to build a large auditorium. But, the students are rarely allowed to use it, and the committees have to pay money to utilize it for their purposes. So, the "LOT of money" that GNLU has, has not really helped the University progress.

I am usually a spectator to the comments, but for some reason I thought I should make you aware of an unintentional bias that has crept into this comment of yours. I am judging myself to go through this effort for what is actually just one tiny comment, but I could not help feel that the comment is somehow undermining the efforts of the GNLU students and alumni. Money has not helped make GNLU. The students have, and believe me, I know this because I have seen it with my own two eyes.

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Like +1 Object -0 kianganz 15 Jun 16, 18:58
Thanks for your feedback. Was not trying to diminish student efforts, but compared to other NLUs that are begging for money from the state, GNLU does at least have that advantage.

Hostels and infrastructure are decent enough at least, no? GNLU might have 99 problems, but money at least ain't one, as far as I can tell.
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Like +0 Object -0 Idle Observer 15 Jun 16, 20:18
I understand what you mean. Probably the context of your comment following the comment of "What is in a name" forced me to read it in a different light. I certainly agree that the current infrastructure is a zillion times better, but I think we can all agree that the infrastructure has not given repute to the university in the professional world. It appeals to prospective students and visiting faculty at the most. The real contribution is of the students and the alumni. The money has not really made a difference, as in the day to day activities, it seems like we are always begging for a proper share of the budget.
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Like +0 Object -0 What is in a name? 15 Jun 16, 19:06
Kian, there are zillion real life examples of Universities to show that good infrastructure does not necessarily make a college good.
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Like +0 Object -0 kianganz 15 Jun 16, 19:11
I never suggested that but some credit is at least due that GNLU is not bankrupt and has decent infra (though, like I said, perhaps that was out of the director's hands and is due mostly to Modi).

Don't think we need to disagree here.
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Like +4 Object -1 WhatAreYouSmoking? 15 Jun 16, 18:38
Did you even go through the order? As far as I can understand the order doesn't say anything positive about the administration or BimPa in particular. You must be one of those incompetent TRAs who fail to even pass NEET let alone teach at GNLU. You need to understand that building fountain doesn't make a difference to the students of GNLU. We need better faculty and administration who understands student. Shame on you for wasting our money. Now, go what you are half good at, sing some songs.
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Like +0 Object -0 shom 15 Jun 16, 19:22
Thank god someone besides me read the Division Bench order.
legally speaking, the division bench has upheld the single judge's findings against Bimal Patel.

Quoting the DB's order:
"it is also agreed between the learned advocate for the respective parties more particularly shir shri gursharan virk learned advocate for the student that let any observation made by the learned single judge against the learned advocate for GNLU/University, more particularly, contained in para 22 be quashed and set aside...
8.0 present appeal is disposed of in terms of the aforesaid order and the direction and the impugned judgment and order passed by the learned Single Judge dated 4.5.2016 passed in Special Civil Application No. 20317 of 2015 is modified to the aforesaid extent."

reading the aforeasaid it is clear that due to goodfaith between advocates of both sides, virk did not object and gave consent to expunging observations against GNLU lawyer Rawal and the impugned single judge judgment was "modified" to this extent.

observations against mr patel and gang are affirmed by the high court's division bench.

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Like +6 Object -0 WhatAreYouSmoking? 15 Jun 16, 20:28  interesting

I don't know but someone must ask the administration to look up for the definition of infrastructure. It doesn't just include 'buildings, fountains, and auditoriums'. It includes a decent set of faculty as well along with the right environment for study. Employing thousands of useless TRAs doesn't count as development of infrastructure neither does promoting them as assistant professors when you fail to find the replacement of faculty who leave. Having the 'Triangle of Useless blokes' as de facto head doesn't serve the purpose as well. Wake up otherwise good faculty like Girish Sir, RK Singh and Jagdish Sir will leave too. Just organising countless academies and programmes doesn't affect the GNLU students, it just adds to the treasury which is anyways full. Asking students to pay electricity bill on a inflated rate just shows the mentality of the administration. Not to mention the unfortunate event of Suraj's death and the comments made by BimPa at his memorial.
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Like +3 Object -0 Vada 16 Jun 16, 16:16

"All GNLU does is hire useless TRA's". Spot on my friend.
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Like +0 Object -0 Sorry for kids 15 Jun 16, 12:53
How sad..
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Like +0 Object -6 Guest 16 Jun 16, 08:43
Those student who is complaining about infrastructure, faculty, food etc: these problems is faced by all colleges, even Bangalore. Everyone is teaching at subsidised fee so budget is limited. If you have problem then pay load of money and go to capitalist law school like Jindal. Over there it is all about money. You will get fancy food and fancy faculty.

That is why GNLU is best: superb campus, expert faculty and good infrastructure for reasonable price. Learn to respect and thanks God you are so lucky.
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Like +1 Object -0 WhatAreYouSmoking? 16 Jun 16, 14:42
Two words for you: Go sing or Play cricket.
After all that's what you are paid for at a subsidised rate though.
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Like +2 Object -0 Vada 16 Jun 16, 16:13
Lol. Mr/Ms TRA,
What in the world do you mean by a 'subsidised' fee? You are teaching here primarily because you're a GRADE A loser. I don't even think you know the meaning of 'subsidised'! Are you providing us a subsidy out of your meagre salary?Yes, I have a problem, but I don't think incompetent nincompoops like yourself can understand.
I recently saw a GNLU press release in the VERY Honble [...] office which read "GNLU becomes largest fresher recruiter" - Are you kidding me? If you think hiring of absolute idiots who can neither communicate efficiently, can neither teach nor can neither research, then SORRY, you're fooling this iconic institution.
GNLU has had amazing collaborations wherein positions of chair professors have been instituted in GNLU, BUT NONE OF THEM HAVE BEEN FILLED BARRING A FEW.

The persons who have been APPOINTED are complete idiots. CHECK THEIR PROFILES IN THE GNLU FACULTY page.

LI please investigate this. PLEASE FILE AN RTI against this administration and publish them
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Like +0 Object -0 Guest 17 Jun 16, 11:40
You are ignorant and a liar. GNLU has tried to recruit fresher alumni of NLUs as faculty, the only NLU to do so.

As for the chair professors these things take time. You cannot just hire anyone.
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Like +0 Object -0 kianganz 17 Jun 16, 11:54
Just for everyone's information, here is the January 2016 GNLU press release on the topic:


Dear Sir/Madam,
Greetings from GNLU!
Gujarat National Law University (GNLU), since its inception in 2003, has witnessed perpetuated
augmentation in its efficiency and quality each year towards being a world class Law University. Today, it
has excelled to the peak of the knowledge and has been ranked as the 5 th Best Law University in the
country with the commendable support of its faculty, staff, students and other stake holders in no small

GNLU being a Research Based Teaching University, is committed to address the contemporary legal issues
which is reflected in its activities which has always been research focused. It has some of the best faculty
members that GNLU can boast of. Focusing on providing world class teaching and learning environment,
GNLU has emerged as one of the largest recruiters for giving fresher’s an opportunity to make a career in
academics. Presently GNLU has a young brigade of over 15 fresher’s working in the capacity of Teaching
and Research Associates or Research Associates.

The main objective behind this is to create and build excellent teaching resources and inculcate the value of
this noble profession among the alumni of NLUs and other Law Universities. GNLU invites application or
letter of interest from the prospective candidates who can be a part of the University as Teaching and
Research Associate and grow as an academician.
Does anyone have any more information on what this figure of 15 means? Are they mostly GNLU graduates or also grads from other colleges? What kind of work do they do?
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Like +2 Object -0 Useless TRAs 20 Jun 16, 17:55
They do nothing Kian. All they do is spam our inbox with useless mails everyday, take attendance for faculty, organise useless certificate courses with the help of sides of course (can't even do that alone), eat, play, sing repeat. They are not GNLU grads. In fact they aren't from any other NLUs. They are from traditional law colleges who can't do anything with their lives. I am not saying all of them are bad. Some are good too. But out of 50, the no. Is 5 as far as good TRAS are concerned. They make cheap substitter for professors or should I say assistant professors when they leave the University after spending 5-6 years because some utterly unqualified trio having taken over their rightful spot. That way GNLU has a loyal army for Mr. Patel because he employs those who won't be even qualified to do anything if not at GNLU.
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Like +2 Object -0 LALLAM 21 Jun 16, 13:04
They might BE having LLM's from NLUs, but that hardly counts. Some of them can't even communicate efficiently and are an utter disgrace to GNLU
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Like +4 Object -0 What is in a name? 16 Jun 16, 11:03
The students understand that. Their biggest problem is that the administration does not care about students at all. The examination department, for instance. Why don't you ask students to give their opinions about the problems plaguing the University anonymously? The Feedback form which is supposed to be filled by the students 'compulsorily' also required a student to write his/her name. Make that optional and you will hear the truth. And do not even attempt to defend this by saying that if a student has legitimate concerns, he/she should not be concerned about revealing his/her identity. We all know how that goes! And I am saying this without any bias whatsoever.
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Like +3 Object -0 What is in a name? 16 Jun 16, 11:09
Oh, and the fact that you decided to call Jindal "a capitalist law school" proves that you are one of those, quoting WhatAreYouSmoking?, " of those incompetent TRAs who fail to even pass NEET let alone teach at GNLU."

If everyone is teaching at subsidised fee, the Director should not have wasted money in building that ugly and useless fountain.
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Like +0 Object -0 Vada 16 Jun 16, 16:17
NET* Haha.
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Like +0 Object -0 Snoop 16 Jun 16, 15:28
Kian some of the comments are saying there was a scam at GNLU about placements. Please look into it.
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Like +0 Object -6 Proud parent 17 Jun 16, 12:06
Students should understand that students administration alumni faculty all are the pillars of any educational institution. If you take out any it will collapse. Students seems immature and judgemental while writing something for own institution which has built them without taking into consideration of admistrative constraints.
I know how hundreds of good students and alumni are contributing in growth of gnlu. My personal experience.. Gnlu is always ready to accept good suggestions from even parents. Students should participate in alumni meets to discuss with staff and faculty rather to simply pass judgement or write on LI. That will be a real contribution to your institution.
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Like +0 Object -7 Guest 17 Jun 16, 23:18
I completely agree. GNLU is ranked 4 in India Today and 6 in CLAT preferences. Yet Mr Kian and some frustrated students with low marks are hell bent on portraying it as a bad college. GNLU campus is very good. As for faculty, tell me which college does not have problems with faculty? Even NLSIU faculty is of mediocre quality. I don't think a single alum of an NLU teaches at NLSIU. In India faculty salaries are low, hence the good faculty members are being poached by Jindal, including alum of GNLU. Please do not blame the administration of GNLU unfairly.
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Like +1 Object -0 LALLAM 22 Jun 16, 10:10
Don't kid yourself. You're so ignorant.
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Like +1 Object -0 Rational GNLUite 23 Jun 16, 22:51
Mr. Proud Parent,

I respect what you have to say on this, but you will, regardless of what you might believe, never know what actually goes on inside that institution. You think the students haven't tried to have a discussion with the administration? I think a little bit of background is necessary before you give us a lesson in ethics, maybe? I have seen how GNLU has treated some other parents even when they have literally begged the administration. I respectfully think it is best that you not interfere in this issue at all. The High Court has said what is right and it is not for you to comment on that. The students have built themselves and the institution in this case. Even other law schools have strict disciplinarians running them but few other law schools have that being used to needlessly victimize students. Please get your facts right and don't try to come here just because you're an elder. Elders aren't always right, as is, quite clearly, the case here.
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