Case: RAKESH KUMAR AGARWALLA &amp; ANR.  Vs. NATIONAL LAW SCHOOL OF INDIA UNIVERSITY, BENGALURU &amp; ORS

NLSIU, a premier Law University of the country, was established pursuant to a joint initiative of the Supreme Court of India, the Bar Council of India and the Karnataka Bar Council. Bar Council of India, set up a society, namely, National Law School of India Society as a registered society under the Karnataka Societies Registration Act, 1960. On request made to Government of Karnataka for establishing the School as University by a Statute, the State Government established National School of India University, Bengaluru by National Law School of India Act, 1986 (hereinafter referred to as the Act, 1986). We shall notice the relevant provisions of the Act, 1986 a little later. The NLSIU was meant to be a premier School of Legal Education with five years undergraduate Law Course. Following the footsteps of NLSIU, National Academy of Legal Studies and Research (NALSAR) was established in Hyderabad in 1998 and the National University of Juridical Sciences, Kolkata (NUJS) was established in Kolkata in 1999 and National Law Institute University, Bhopal (NLIU) was established by Act No.41 of 1997 by Madhya Pradesh Legislature. Over the course of time States enacted similar Statutes to create institutions for legal education which came to be known as National Law Universities across the country. All the National Law Universities have prescribed criteria for admission as well as syllabus structure. In the initial years all National Law Universities were conducting their own admission tests for admitting students in five years Law course. A writ petition being Writ Petition(C)No.68 of 2006 Varun Bhagat vs. Union of India came to be filed in this Court under Article 32 of the Constitution, impleading Union of India through the Secretary, Ministry of Law, Justice and Company Affairs, Ministry of Human Resource Development through its Secretary, Bar Council of India, NLSIU, Bengalore and five other National Law Universities. The writ petitioner prayed for a direction to the respondent to lay down the mechanism of centralised admission process to the various National Law Universities to facilitate the interests of the students. This Court issued notice in the writ petition. Learned Additional Solicitor General of India made a statement before this Court that Ministry of Human Resource Development in consultation with the various Law Universities and other concerned stakeholders, shall take steps to examine and evolve a scheme/policy in accordance with which a combined entrance examination could be conducted for premier National Law Universities. The Government of India convened various meetings with Directors/Vice- Chancellors and other educational functionaries. In the Writ Petition No.68 of 2006 counter-affidavit was filed on behalf of Department of Higher Education, Ministry of Human Resource Development where detailed steps taken by the Ministry of Human Resource Development were enumerated including details of various meetings which were held with Vice-Chancellors of Law Universities in the year 2006 between September, 2006 to December, 2006. In paragraph 10 of the counter- affidavit following was stated:10....It is expected that all the required informational notes shall be received during the course of February,2007 and further steps shall be timely taken in order to ensure that the process of holding a Combined Admission Test for the academic session 2008-2009 is put in place as expeditiously as possible.. The National Law Universities entered into a Memorandum of Understanding dated 27.11.2007 where the National Law Universities decided to hold a common admission test, namely, Common Law Admission Test (CLAT). Every University shall conduct the examination starting with the oldest University. When the Writ Petition No.68 of 2006 came for hearing on 25.07.2008, this Court noticed that prayers sought in the writ petition have already been accomplished, this Court passed following order:The prayers sought for in the writ petition have already been accomplished, so the writ petition is disposed of.. The Common Law Admission Test (CLAT) started to be held with effect from the year 2008 for admission in five years law course of National Law Universities, which was a great relief to the students community aspiring for joining a professional course in Law. The CLAT was conducted at different centres throughout the country. The number of National Law Universities kept on growing one by one and currently there are 23 National Law Universities in the country.5. Writ petition being Writ Petition (C)No.600 of 2015 came to be filed by one Shamnad Basheer praying that an independent professional body conducting CLAT on annual basis be constituted. This Court passed various orders in the aforesaid writ petition. On 28.11.2018 this Court passed the following order in the aforesaid writ petition:Application for intervention is dismissed as withdrawn.Shri Atmaram N.S. Nadkarni, learned Additional Solicitor General appearing on behalf of the Union of India, Ministry of Human Resource & Development states that the Government has prepared a report and shall further convene a meeting of all the parties to these petitions, NTA and the Bar Council of India; seek their views and make appropriate recommendations for the holding of the examination within four weeks.6. A meeting was held on 10.12.2018 by Secretary, Department of Higher Education, Government of India in compliance of the aforesaid order, the Bar Council of India who was a participant in the meeting stated that BCI as a statutory body has no objection in constitution of a Consortium of NLSIU for conducting the examination but as a key stakeholder, they would be part of monitoring body for conducting and monitoring the examination. In the meeting major point which emerged and noted wa the way forward would be to have a better, robust, transparent and accountable institutional structure for conduct of the examination through a Consortium of NLSIU being the stakeholder in the conduct of the examination (and as agreed by the petitioner, BCI and NLIA) was asked to take exams in transparent and robust manner . The Consortium of National Law Universities was incorporated as a registered society under the Karnataka Registration of Societies Act, 1960 on 26.03.2019. The Vice-Chancellor of the NLSIU was to be the ex-officio Secretary- Treasurer of the Consortium. The Memorandum of Understanding of Consortium of National Law Universities noticed the directions issued by this Court in Varun Bhagat vs. UOI and deliberations made by the University Grants Commission, Ministry of Human Resource Development and Government of India. The main aims and objectives of the Consortium in clause 3 of the Memorandum were inter alia:(i)To provide the highest standards of legal education to make Indian legal education comparable with the most reputed international institutions of legal education.(iii) To provide better co-ordination amongst the NLUs and other legal institutions to achieve highest standard of legal education in the country. Further the Consortium recognizes the autonomy of its member institutions and therefore its decisions will need adoption by the member institutions for implementation in such institutions.(v)To administration, control and monitor the conducting of all India common entrance examination for law in CLAT, for and on behalf of all the participating NLUs, and facilitate admission of students into various NLUs in the country.(xi) To make the benefits of legal education of one or more NLUs available to the rest of NLUs.(xix) To evolve uniform policies in terms of admission, course semester system, uniform grading system and the like in tune with global standards.7. Clause 5 provided for governing body of the Society. The first governing body of the Society was constituted with 16 academicians/Vice Chancellors in which first name was of the petitioner No.2, Prof. R. Venkata Rao being Vice-Chancellor of NLSIU. Bye-Laws of Consortium of National Law Universities were also framed. Member of institution is defined in clause 1.1.13 to the following effect:1.1.13. Member institution means by NLU formally admitted to the membership of the Society in accordance with the Bye-Laws and having paid the Subscription Fee and signing the master list of the Member institutions maintained by the Society.8. Clause XV dealt with membership. Bye-Laws provide that each member of the institution ensure the admission on merit assessed through CLAT. Para 15.3.3 is as follows:In order that appropriate intellectual rigor may be maintained, a Member institution shall ensure that admission to every academic course or programme of study in each Member institution shall be based on merit assessed through a transparent and reasonable evaluation namely CLAT operated by the Society, prior to admitting any student. Provided that nothing in this provision shall be deemed to prevent a Member institution from making special provisions for the employment or admission of women, persons with disabilities or for persons belonging to any socially and educationally backward classes of citizens and, in particular, for the Scheduled Castes and the Scheduled Tribes.. The Consortium successfully conducted the CLAT for admission in academic year 2019-20. In academic year 2020-21 Consortium notified the schedule for admission in which 10.05.2020 was fixed for CLAT 2020 test. Due to pandemic caused by the COVID-19 virus nationwide lockdown was imposed on 23.03.2020 by the Government of India. Due to the lockdown, CLAT was required to be postponed for public health and safety reasons. The examination scheduled for 10.05.2020 was postponed. The Executive Committee of the Consortium on 29.06.2020 resolved to shift away from physical test to centre- based online test.10. Date 22.08.2020 was fixed for conduct of the test. However, due to big jump/increase in COVID-19 cases and lockdown till 30.08.2020 the examination which was scheduled to be held on 22.08.2020 was postponed to 07.09.2020. The Executive Committee of the Consortium received a communication from Professor Nirmal Kanti Chakrabarti, Vice Chancellor, NJUS, Kolkota that the West Bengal had decided to impose a complete lockdown on 07.09.2020. The Consortium met on 28.08.2020 and postponed the examination to 28.09.2020.11. Now, we may notice the events which took place at the end of NLSIU. The five years degree course offered by NLSIU consists of five academic years each academic year is divided into three semesters, each term called the Trimester having a minimum of 70 working days. The academic term ordinarily starts from 1 st July to 30 th September, second starts from November to February and third starts from March and ends in June. After postponing of CLAT from 22.08.2020 to 07.09.2020, Faculty meeting of NLSIU was held on 06.08.2020 to consider the contingency plan to prevent zero year.12. Faculty meeting discussed various possible solutions. It was also noted that as a last option a separate admission procedure should be developed. A meeting of the Executive Council of NLSIU was held on l2.08.2020. In its meeting it was resolved that if there is any further delay in CLAT examination, the Vice Chancellor is empowered to take all necessary steps to ensure that the admission process of 2020-21 is completed in September, 2020. Again in adjourned meeting of the Executive Council on 18.08.2020, the Executive Council reaffirmed resolution to empower the Vice-Chancellor and the University to conduct the independent admission process in the event CLAT is delayed further. Another Faculty meeting was held on 31.08.2020 where it was noted that CLAT 2020 was postponed from 07.09.2020 to 28.09.2020. On 03.09.2020 NLSIU, Bengaluru issued notice for admission to the five years B.A.LL.B(Hons.) programme 2020-21 proposing to conduct NLAT test 2020 on 12.09.2020, the candidates were to attempt the examination by using a computer device at their respective locations. Paragraph 4.4.2. of the notice stated:4.4.2 Candidates who have submitted a valid application form will be required to appear for the NLAT. The Test shall be an online entrance examination to be held on 12 September, 2020. Candidates will attempt this examination using a computer device at their respective locations. Candidates will have to ensure that they can appear for the examination on the appropriate date and time using a computer device as per the detailed specifications that will be provided, including video and audio inputs. NLSIU shall not be responsible for any connectivity issues, or failure of internet connection during the examination. NLSIU reserves the right to cancel any candidates examination based on misconduct or examination malpractice.. A press release of NLSIU for admission 2020-21 was issued on 04.09.2020 in the above regard. NLSIU, Vice Chancellor, respondent No.2 gave an interview with Bar and Bench regarding separate admission test, namely, NLAT by NLSIU. This writ petition was filed in this Court on 08.09.2020 praying for following relief:i) ISSUE A WRIT OF CERTIORARI or any other appropriate writ, order or direction to quash the impugned undated Admissions Notification released on 03.09.2020, at Annexure P-14 of the present Writ Petition, issued by the Respondent No.1;ii) ISSUE A WRIT OF CERTIORARI or any other appropriate writ, order or direction to quash the impugned Notification for Technical/System Requirements for the NLAT 2020;iii) ISSUE A WRIT OF MANDAMUS or any other appropriate writ, order or direction to direct Respondent No.1 to admit students only through CLAT;14. This Court on 11.09.2020 by issuing notice directed that the examination for admission in pursuance to notification dated 04.09.2020 may take place but neither the result shall be declared nor any admission be made consequent thereto. Counter-affidavits have been filed by respondent Nos.1, 2 and 3 to the writ petition to which a common rejoinder-affidavit has been filed on behalf of the petitioner. A sur-rejoinder- affidavit has also been filed by the respondent No.1.15. We may also notice very briefly facts in SLP(C) No.11059 of 2020. SLP has been filed against the judgment dated 11.09.2020 of the High Court of Jharkhand at Ranchi in Writ Petition (C) No.2454 of 2020. The writ petition was filed by five students in the High Court of Jharkhand praying for quashing the notification dated 03.09.2020 issued by the NLSIU for declaring a separate examination for admission to its 5 years LL.B(Hons.) course. The petitioners case in the writ petition before the High Court was that the petitioners have registered for CLAT examination 2020 to be conducted by the CLAT Consortium. They challenged the notice dated 03.09.2020 issued by NLSIU and prayed for quashing the notice. The writ petition was dismissed by the High Court. Challenging the judgment of the High Court dated 11.09.2020 SLP has been filed. The SLP petitioners have also filed IA No.91083/2020 in writ petition NO.1030 of 2020 to intervene in the writ petition. Applicants in their application have pleaded that they applied for undergraduate examination through CLAT 2020 and prepared regularly for the couple of years for CLAT examination. The notice dated 03.09.2020 by NLSIU came as surprise to the applicants, aggrieved by the said notice they filed writ petition in the High Court.

Reasoning:
33. Even though with regard to petitioner No.1, details of his ward has not been given except that petitioner No.1 is a parent of CLAT 2020 student but in view of the credentials of petitioner No.2 as noted above, we are of the view that the writ petition is fully maintainable at his instance. The affidavit in support of the writ petition has been sworn by petitioner No.2. A common rejoinder affidavit has also been sworn by petitioner No.2. The Memorandum of Association of Consortium of National Law Universities, which is a registered society under Karnataka Societies Registration Act, 1960 registered on 26.03.2019 contains a list of Initial Members Subscribers of the Consortium in which name of petitioner No.2 was mentioned as Member Subscriber No.1. Petitioner No.2 being Vice-Chancellor of respondent No.1 became the ex- officio Secretary Treasurer of the Society, his details are also mentioned in paragraph 7 of the Memorandum. A person, who has worked as Vice-chancellor of respondent No.1 and was also member of Consortium, which is entrusted to conduct CLAT, he is fully competent to espouse the cause of education by means of the writ petition. We, thus, reject the objection of the respondent that petitioners have no locus to file the writ petition. It is also relevant to notice that alongwith the writ petition a Special Leave Petition (C) No.11059 of 2020 has been listed, which has been filed by five petitioners, who were candidates for CLAT 2020-2021. The admission notice dated 03.09.2020 was challenged by them by means of a Writ Petition (C) No.2454 of 2020 in High Court of Jharkhand at Ranchi, which writ petition was dismissed. Challenging which judgment, they have filed the aforesaid special leave petition.34. The above five petitioners have also filed an application I.A. No. 91083 of 2020 in Writ Petition (C) No.1030 of 2020 to intervene in the matter, they being affected and aggrieved persons by the notice dated 03.09.2020. Those students, who are aggrieved by the admission notification dated 03.09.2020 are also before this Court, who have been represented by Shri Nikhil Nayyar, learned senior counsel.35. We, thus, are of the view that issues raised have to be decided on merits rejecting the objection of respondent No.1 regarding locus.46. There can be no dispute that Executive Council is the Chief Executive Body of the school and the administration, management and control of the school is vested in the Executive Council and in the administration, right to admit the students is included50. We find substance in the submission of Shri Datar that power under Section 13 empowering the Executive Council to frame regulations and power under Section 10 to administer, manage and control the school are two separate powers and even though the regulations have not been framed under Section 13 regarding admission of the students, the Executive Council can very well exercise its power under Section 10 to administer, manage and control the affairs of the school. However, the provisions contained in Section 13 throw considerable light on the statutory scheme. The second proviso providing for prior concurrence of the Academic Council on enumerated subjects including mode of enrolment and admission of students has been provided for since under the Scheme of the Statute it is the Academic Council which has been empowered to take decisions regarding mode of enrolment or admission of students, which we shall notice hereinafter. The above restriction in regulations making power of the Executive Council has been engrafted with purpose and object. The subjects which are mentioned under second proviso where prior concurrence of the Academic Council is required are all matters which are in domain of the Academic Council, thus, even though strictly second proviso of Section 13(1) is not attracted when no regulations have been framed by the Executive Council but the object and purpose for conditioning the exercise of regulation making power of the Executive Council cannot be lost sight. Sub-section(3) of section 13 also contains a special provision which provides that where the Executive Council rejects the draft of a regulation proposed by the Academic Council, the Academic Council may appeal to the Chancellor and the Chancellor, may, by order, direct that the proposed regulation may be laid before the next meeting of the General Council for its approval and pending such approval of the General Council it shall have effect from such date as may be specified in that order. Thus, Academic Council regulations which even though rejected by the Executive Council can be allowed to operate by Chancellor and required to place before General Council for approval and after approval it shall be operated. The above provision indicates that in certain matters the recommendations of the Academic Council has been given prominence and as per sub- section(2) of Section 13, the Academic Council shall have the power to propose regulations on all the matters specified in (a) to (h) as enumerated in the second proviso of sub-section(1) of Section 13. Thus, Academic Council can propose regulations on mode of enrolment and admission of students also.As noted above, Section 18 of the Act provides that composition, powers and functions of the authorities of the school subject to the provisions of the Act shall be as specified in the Schedule. Clause 14 of the Schedule provides subject to the provisions of this Act and the regulations, the Academic Council shall, in addition to all other powers vested in it, have the following powers namely:-(7) to appoint committees for admission to the School;(11) to make arrangements for the conduct of examinations and to fix dates for holding them;(16) to perform, in relation to academic matters, all such duties and to do all such acts as may be necessary for the proper carrying out of the provisions of this Act and the regulations.52. The above provisions in the Schedule specifically empower the Academic Council to appoint the committees for admission to the school. Admissions to the school, thus, were contemplated to be under the control of Academic Council and the appointment of committees was with the purpose to monitor and conduct the admission of the school. When the Act was enacted in 1986, no procedure was in place regarding admission and the Statute empowered the Executive Council to appoint committees for admission to the school. By virtue of Clause 14(16) with regard to appointment of committees for admission to the school, the Academic Council was to perform all such duties and to do all such acts as may be necessary for the proper carrying out of the provisions of the Act. Thus, the above statutory provision gave all incidental power to the Academic Council in relation to the admission.53. Now, we contrast with the power given to the Academic Council with regard to admission to the school with that of the powers and functions of the Executive Council as given in Clause 9. The powers given to the Executive Council under Clause 9 can be divided in three parts (i) sub-clauses (1), (2), (3) & (9) relates to appointment and service conditions; (ii) sub-clauses (4), (5), (6), (7) & (8) relating to finance and properties and (iii) other contains clauses (10), (11) and (12). Clause (11) empowers the Executive Council to select a common seal for the school and sub-Clause (12) is a general power providing that Executive Council to exercise such other powers and to perform such other duties as may be imposed.It is relevant to notice that even the power to appoint examiners and moderators is with the condition, i.e., after consulting the Academic Council. When appointment of examiners by the Executive Council is by consultation of the Academic Council, how can in the mode and manner of the admission of the students, the Academic Council can be ignored. The Statutory Scheme of the Act as delineated above, thus, indicates that there is no specific power given to the Executive Council with regard to admission of students except the general power of the Executive Council as contained in Section 10 whereas the statutory provision of Clause 14 of the Schedule specifically empowers the Academic Council to appoint committees for admission to the school. Thus, the Statute contemplated admission to the school under the aegis of Academic Council. Sub-clause (7) of Clause 14 read with sub-clause (16) of clause 14 of Schedule clothes the Academic Council with all powers including mode and manner of admission of the students. Section 11 of the Act also needs to be referred to. Section 11 of the Act provides that Academic Council shall be the academic body of the school and shall have power of control and general regulation of, and be responsible for the maintenance of standards of instruction, education and examination of the school. Section 11 used the three expressions namely power of control, general regulation of and be responsible. The expressions used in the Section 11 are maintenance of standards of instructions, education and examination of the school. It is now settled law that the standards of education include admission to the course.56. When the Academic Council has been given power of control, general regulations and is responsible for maintenance of standards of instruction, education and examination of the school, its one of the functions, undoubtedly is to regulate the admission of students. Reading of Section 11 with Section 18 and clause 14 of the Schedule clearly provides for role of Academic Council in the admission of students.57. At this stage, we may also refer to the meeting of the Executive Council dated 29.08.1987 and 30.08.1987 relied by Shri Arvind Datar, learned senior counsel for the respondent No.1.58. The above resolution of the Executive Council indicates that it was a draft proposal of the Academic Council regarding admission test, which was approved by the Executive Council. The next following sentence in the resolution is relevan the procedure for admission test and the selection may be decided by the Academic Council and implemented by the Director. The respondent No. 1 himself has brought on the record the proceedings of the meeting of the Academic Council dated 12.12.1987 as Annexure R-1/2 where the mode of selection of the students to the LL.B. Programme was provided for. Thus, the above proceedings of Executive Council and Academic Council itself make it clear that the Executive Council was of the opinion that it is the Academic Council who is statutory authority regarding mode and manner of the admission of the students in LL.B. course. The above proceedings of the Executive Council dated 29.08.1987 and Academic Council dated 12.12.1987 fully support the submission of the learned counsel for the petitioners that it is the Academic Council who is empowered under the statute to take a resolution regarding admission of the students in the LL.B. Course.59. The authorities of the University exercise powers and functions as entrusted to them in the Statute.60. We, however, make it clear that Executive Council in its resolution dated 12.08.2020/18.08.2020 in exercise of general power of administration could have very well taken any resolution regarding completion of admission process but for implementing the decision of 12.08.2020/18.08.2020 of the Executive Council recommendation of Academic Council was required to be obtained regarding mode and manner of conducting separate admission tests by respondent No.1. The recommendation of Academic Council was necessary to be obtained for holding a separate entry test namely NLAT especially when respondent No.1 was proposing to hold the above test instead of admitting the students by CLAT from which common law admission test, admission in LL.B. course was being done for last more than a decade. When the respondent No.1 wanted to conduct NLAT as online home proctored test of 45 minutes containing 40 questions which mode and manner was different from earlier prescriptions, the recommendations of Academic Council were must.61. On 18.08.2020 the Executive Council unanimously reaffirmed its resolution taken on 12.08.2020 to empower the Vice-Chancellor and the University to conduct an independent admission process in the event that CLAT 2020 is delayed further. The resolution was empowering the Vice-Chancellor to take all necessary steps. All necessary steps have to be understood as steps which are required to be taken as per the statute. When the Act, 1986 empower the Academic Council to take decision regarding admission of the students in LL.B. Course and with regard to mode and manner of conducting the admission test, it was obligatory for the Vice-Chancellor to have obtained the recommendations of the Academic Council. The Vice- Chancellor himself is the Chairman of the Academic Council and there was no difficulty and with regard to meetings of the Academic Council Clause 15 sub-clause (6) provides that if urgent action by the Academic Council becomes necessary, the Chairman of the Academic Council is empowered to permit the business to be transacted by circulation of papers to the members of the Academic Council.62. We, thus, are of the considered opinion that respondent No. 1 was required by the Statute to obtain recommendation of Academic Council before proceeding to hold NLAT by issuing admission notification dated 03.09.2020. We, thus, in view of the forgoing discussions, hold that admission notification dated 03.09.2020 issued by respondent No.1 could not have been issued without obtaining the recommendation to this effect by the Academic Council. Admission notification dated 03.09.2020 having been issued without recommendation of Academic Council is not in accordance with the provisions of Act, 1986 and is unsustainable.67. A perusal of Memorandum of Association and Bye- Laws indicates that laudable objects for which National Law Universities came together stood cemented by consortium being registered as a society. As on date, there are 23 National Law Universities which are part of the Consortium. We have noticed above that the respondent No.1 was the first National Law University which came into existence by Act, 1986 of Karnataka Legislature. Other States followed the suit creating National Law Universities. Different National Law Universities established in different parts of the Country have contributed immensely to the cause of legal education.68. National Law School of India University, Bangaluru from the beginning shouldered the leading role in conduct of CLAT. Different National Law Universities have been established by different statues and have statutory functions and obligations to achieve a common purpose and to give a boost to legal education in the country. They have themselves imposed obligations on them to be a part of the Consortium for a common cause. CLAT being an All India Examination for different National Law Universities has achieved its own importance and prominence in legal education. The steps taken by National Law Universities to form a Consortium and to cooperate with each other in conduct of CLAT is towards discharge of their public duty entrusted under the different statutes. The duty to uphold its integrity lies on the shoulder of each and every member.69. Thousands of the students who aspire to have a career in law look forward to the CLAT as a prestigious test and CLAT has proved its usefulness and utility in this country. Students look forward to the Consortium for providing correct and fair assessment of the merits of the students. The bye-laws under which members are required to admit the students in their law universities on the basis of the CLAT for UG and PG law courses are binding on the members. Bye-Laws although are non-statutory but they have been framed with the aim and object to be followed by its members.70. Even though obligations on members of Consortium under the Bye-Laws are not statutory obligations but those obligations are binding on the members. All members occupying significant and important status have to conduct in fair and reasonable manner to fulfill the aspirations of thousands of students who look on these National Law Universities as institutions of higher learning, personality and career builders. Further the statutes under which National Law Universities have been established cast public duties on these NLUs to function in a fair, reasonable and transparent manner. These institutions of higher learning are looked by society and students with respect and great Trust. All NLUs have to conduct themselves in a manner which fulfills the cause of education and maintain the trust reposed on them.Shri Datar also referred to the judgment of this Court in Hyderabad Karnataka Education Society versus Registrar of Societies and others, (2000) 1 SCC 566. This Court in the above case had occasion to consider Karnataka Societies Registration Act, 1960, under which the Consortium has been registered. The submission was made before this Court that Bye-Laws of the society bind both the parties with which submission this Court expresses its concurrence. In paragraph 28, following was observed:-28. Before leaving the discussion on this point, we may mention that learned senior counsel for the appellant, Shri Sanyal, placed reliance on some of the decisions of this Court in T.P. Dover v. Lodge Victoria No. 363, S.C. Belgaum [1964] 1 SCR 1 , The Co-operative Central Bank Ltd. and Ors. v. The Additional Industrial Tribunal, Andhra Pradesh and Ors. , Kulchhinder Singh and Ors. v. Hardayal Singh Brar and Ors. and Takraj Vasandi Alias K.L. Basandhi v. Union of India and Ors. on the full Bench judgment of the Andhra Pradesh High Court in the case of Sri Kanaseema Co-operative Central Bank Ltd. v. N. Seetharama Raju AIR (1990) (77) A.P. 171, and contended that bye- laws of a society are a contract between the parties and bind both the parties. That may be so, however, the question remains whether an illegal bye-law or an illegal contract for that matter can bind any of the contracting parties..... The Court in the above case was concerned with legality of Rule 7A, in the present case; we are not concerned with the challenge to any rule of the Consortium.Bye-Law 15.3.1 itself contemplates that the obligation of membership is to ensure that the member institution reflects core values and standards set by the Consortium according appropriate respect for the autonomy of its member institution. The autonomy of member institutions does not in any manner come in the way of holding the Common Law Admission Test(CLAT). Every institution maintains its autonomy as per the statute governing, the obligation to maintain core value of the Consortium in no manner affect the autonomy of the member university. The core values of the Consortium aim to enhance the prestige and content of legal education. Legal education has a pivotal role in the development of the society and regulating the inter se relations between the members of the society.We have already noticed that it was on a writ petition by a student Varun Bhagat, the idea of a Common Law Entrance Test emerged after discussion with Government of India, Law Universities, etc. and other stakeholders. It was with a lot of discussion, deliberation that the Common Law Admission Test could come into existence. We have come a long way with the Common Law Admission Test which has to be further strengthened and streamlined.76. This Court time and again has emphasised the importance and usefulness of Common Admission Test for group of institutions imparting same or similar education. This Court held that such Common Test fulfils twin objects of transparency and merit. The Constitution Bench of this Court in P.A. Inamdar and others vs. State of Maharashtra and others, (2005) 6 SCC 537 , in paragraphs 136 and 138 laid down following:136…………There is nothing wrong in an entrance test being held for one group of institutions imparting same or similar education. Such institutions situated in one State or in more than one State may join together and hold a common entrance test or the State may itself or through an agency arrange for holding of such test. Out of such common merit list the successful candidates can be identified and chosen for being allotted to different institutions depending on the courses of study offered, the number of seats, the kind of minority to which the institution belongs and other relevant factors. Such an agency conducting Common Entrance Test (CET, for short) must be one enjoying utmost credibility and expertise in the matter. This would better ensure the fulfillment of twin objects of transparency and merit. CET is necessary in the interest of achieving the said objectives and also for saving the student community from harassment and exploitation. Holding of such common entrance test followed by centralized counseling or, in other words, single window system regulating admissions does not cause any dent in the right of minority unaided educational institutions to admit students of their choice. Such choice can be exercised from out of list of successful candidates prepared at the CET without altering the order of merit inter se of the students so chosen.138.It needs to be specifically stated that having regard to the larger interest and welfare of the student community to promote merit, achieve excellence and curb malpractices, it would be permissible to regulate admissions by providing a centralized and single window procedure. Such a procedure, to a large extent, can secure grant of merit based admissions on a transparent basis. Till regulations are framed, the admission committees can oversee admissions so as to ensure that merit is not the casualty.79. As per Academic Councils above decision, each Academic year is divided into three Academic terms called Trimester with a minimum 70 working days.81. It is true that respondent No.1 University follows a unique system of Trimester, each semester has 70 teaching days per three months term. The first Trimester as per resolution of academic council was to begin on 01.07.2020 and was to end till 30th September,2020. This period of three months is not available for respondent No.1 to start the first semester. The entire country is struggling with Pandemic Covid-19 from March 2020. Loss in the academic year is for all Universities in the Country. The Academic Calendar of each University stood disrupted by Covid-19. None of the Universities have declared the year as a zero year.83. As provided by UGC guidelines which guidelines have been continued by subsequent guidelines dated 06.07.2020, the UGC expected the Universities to carry on some amendments in their academic calendar for the session 2020-21. The Universities are not powerless to modify their Academic Calendar looking to the pandemic. The Academic year 2020-21 is not a normal academic year in which Universities are expected to carry on their teaching and other activities in normal mode and manner. The respondent No.1 University could have very well found out ways and means to start the academic Under-Graduate Law course even if it starts in mid of October 2020 after conduct of the CLAT on 28.09.2020.84. The counter affidavit filed by the respondent No.3, has suggested various alternatives to be adopted by the Universities to modify their academic year in paragraph 51 and 52. It is suffice to observe that it is for the respondent No.1 to take appropriate decision in the above regard.86. We are not persuaded to accept the submission that Doctrine of Necessity was applicable in the fact situation of the ongoing pandemic. As noted above, UGC in its guidelines dated 29.04.2020 has already asked all the Universities to modify their academic calendar for the academic year 2020-21. The UGC being the body to maintain standard of education in the entire country and having contemplated for suitable amending the academic year, Doctrine of Necessity does not arise. We thus conclude that being members of the Consortium respondent No.1 ought not to have proceeded with holding a separate test namely NLAT nor the academic year 2020-21 be required to be declared as zero-year even if the course starts in the mid of October, 2020.The petitioners in this reference relies on the affidavit of respondent No.2, Prof.(Dr.) Sudhir Krishnaswamy which he filed in Writ Petition(Civil) No.4848 of 2020, V.Govinda Ramanan versus Consortium of National Law Universities and Anr. filed in Delhi High Court. The respondent No.2 as Secretary of the Consortium filed the counter affidavit on behalf of Consortium of National Law University in Delhi University sworn on 25.08.2020. The writ petitioner in the said writ petition claimed that he should be permitted to appear in examination from his home. The counter affidavit pleaded that conducting computer based online centre based test is legal. Opposing the home based online test, respondent No.2 made following statement in paragraph 17 and 18 of the affidavit: -17. It is submitted that a home based online test for around 78,000 students would not be possible as the test will be completely compromised and may even be manipulated by the participants or coaching centres.18. Respondent No.1 has over several meetings discussed and assessed the feasibility of conducting CLAT-2020 through various modes including the mode suggested by the Petitioner herein. After due consideration, Respondent No.1 has determined that an online test at home with technological measures cannot ensure transparency, fairness and the integrity of a high stakes examination process such as CLAT.91. The respondent No.2 had categorically taken the stand on behalf of the CLAT that online test at home with technological measures cannot ensure transparency and the test will be completely compromised and may even be manipulated by participants and coaching centres. There was no reason for change of mind by respondent No.2 within a week. Affidavit was sworn on 25.08.2020 by respondent No.2 and on 03.09.2020 after a week, notification was issued for conducting NLAT permitting participants to join online examination sitting at their home. When something was not to be permitted, when home based online test could not have been permitted for CLAT-2020, the same test can also not be permitted for NLAT-2020.92. We thus find substance in the submissions of the petitioner that permitting of home based online test could not have ensured transparency, fairness and integrity of the examination especially when the test was to be conducted for entrance into a premier Law University of the country.93. We may notice another submission of the petitioners in this regard. Petitioners case is that due to a short period of notice to apply and due to technological requirement, a large number of students especially belonging to marginalised sections of the society were unable to apply within the time allowed by NLAT. The requirement of fulfilling technological support as envisaged by NLAT as noticed above could not have easily been procured by a large number of students.94. In the proceeding of the faculty meeting dated 06.08.2020 brought on record by the respondent No.1 along with his counter affidavit as Annexure-R-1/10, it has been mentioned tha NSLIU is the first preference for more than 60 percent of CLAT applicants. About 69,000 students have registered for CLAT-2020. 60 percent of 69,000 comes to 41,400. The registration into NLAT being only 24,603 out of which only 23,225 could appear makes it clear that a large number of students who could have wanted to apply for admission in respondent No.1 University could not even apply due to shortage of time and technical requirement insisted by respondent No.1 University. The above figures fully support the submissions of the petitioner that a large section of the students especially belonging to marginalised sections of the society were denied the opportunity to appear in the examination.95. We thus conclude that home based online examination as proposed by the respondent No.1 University for NLAT- 2020-21 could not be held to be a test which was able to maintain transparency and integrity of the examination. The short notice and technological requirements insisted by the University deprived a large number of students to participate in the test violating their rights under Article 14 of the Constitution of India.102. After having considered the above submission of the learned counsel for the parties, we are of the view that for the present case, it is not necessary for this court to enter into various materials referred to by the petitioners and the reports and to decide as to whether malpractices were actually adopted in the examination or not. Respondent No.1 being premier University, we have no doubt that it must have taken all necessary precautions to avoid any malpractices and cheating in the examination.103. As noted above, the University has also filed a complaint of Cyber Crime which may be inquired in accordance with law. We need not express any opinion in this proceeding under Article 32 with regard to the aspect of malpractices in the test conducted on 12.09.2020 and 14.09.2020 which is essentially a matter of scrutiny of facts and evidence.106. We further notice that after the issuance of notification dated 03.09.2020 by the respondent No.1, the meeting of the governing body of Consortium of National Law Universities was held on 05.09.2019 where decision was reiterated to hold CLAT 2020 on 28.09.2020. The governing body further resolved to divest functions of respondent No.2 as Secretary and Treasurer of the Consortium with the immediate effect and in the interim period appointed Professor Faizan Mustafa, senior most member of the Consortium and past President to discharge all the administrative and secretarial functions of the Consortium. The governing body also resolved to shift the Secretariat of the Consortium to the NALSAR University, Hyderabad.