CLAT Petition

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
AT JAIPUR BENCH, JAIPUR

D.B. WRIT PETITION(PIL) NO.
/2015
Kshitij Sharma and Another

Petitioners
Versus
Bar Council of India and Another
Respondents
INDEX
--------------------------------------------------------------------SrNo.
Particulars
Page No.
--------------------------------------------------------------------1.
D.B. Writ(PIL) Petition
2.
Affidavit in support of Writ(PIL) Petition
3.
D.B. Civil Misc. Stay Application
4.
Affidavit in support of D.B. Civil Misc. Stay

Application
5.
Documents :-
A n n e x u r e - 1 C o p y o f p r o c e d u r e o f f i l i n g t h e C LA T
Application form.
A n n e x u r e - 2 C o p y o f a g e c r i t e r i a s p e c i f i e d o n C LA T
Website
Annexure-3 Copy of Bar Council notification
28.09.2013.
Annexure-4 Copy of news article published on
w e b s i t e o f Le g a l l y I n d i a .
Annexure-5 Copy of news article published on
w e b s i t e o f T h e T i m e s o f In d i a .
6.
Affidavit in support of Documents
---------------------------------------------------------------------
Petitioner

AT JAIPUR BENCH, JAIPUR.
...
D.B. WRIT PETITION (PIL) NO._____/2015.

Versus
Bar Council of India & Another
SYNOPSIS
1.
Common Law Admission Test (CLAT) is a non -statutory body

created under Memorandum of Understanding (MoU). This
Memorandum of Understanding (MoU) was signed by the Vice
Chancellors of the seven National Law Universities on 23
November 2007 to conduct a common admission test. The
C o m m o n L a w A d m i s s i o n T e s t w a s t o b e c o n d u c t e d e v e r y ye a r
by each of the NLUs and the res ponsibility of conducting the
exam was to be rotated and given on the basis of seniority in
establishment.The present PIL has been filed challenging the
age eligibility criteria for taking admission into under-graduate
program in the Common Law Admission T est(CLAT) being
ultravires to the Rules of Legal Education, 2008, framed by
Bar Council of India under the powers conferred to them by the
Advocates Act, 1961 and also against the principles of natural
justice and is unconstitutional.
2.
In 2014, a fresh Memorandum of Understanding was signed by

all
the
National
Law
Universities
except
National
Law
U n i v e r s i t y, D e l h i . T h e n e w M o U r e p l a c e d t h e e a r l i e r C L A T
MoU, which was signed in 2007. According to this MoU, now
all the 16 participating universities are entit led to conduct
C L A T b y r o t a t i o n e v e r y ye a r w h i c h s h a l l b e i n a c c o r d a n c e w i t h
t h e i r ye a r o f e s t a b l i s h m e n t .
3.
T h a t t h e C o m m o n L a w A d m i s s i o n T e s t ( C L A T ) f o r t h e ye a r
2 0 1 5 w i l l b e c o n d u c t e d b y D r . R a m M a n o h a r L o h i ya N a t i o n a l
L a w U n i v e r s i t y, L u c k n o w ( R M L N L U ) o n t h e b a s i s o f t h e
M e m o r a n d u m o f U n d e r s t a n d i n g d a t e d o n 1 0 t h M a y, 2 0 1 5 . T h e
C L A T c o r e C o m m i t t e e f o r t h e ye a r 2 0 1 5 c o m p r i s e s o f t h e V i c e
Chancellors of all the participating NLUs. Dr.Gurdip Singh, by
virtue
of
being
the
Vice
Chancellor
of
the
organising
u n i v e r s i t y, i s t h e C o n v e n o r o f C L A T C o r e C o m m i t t e e . T h e
application forms for CLAT 2015 are to be filled
online and
there is no other mode of filling the application. The last date

for submitting the application form is 31 st March 2015
4.
That the Common Law Admission Test core committee has set
an eligibility criteria because of which aspirants above the age
of
twenty
years
are
unable
to
apply
for
Common
Law
Admission Test which is also ultra vires to the Rules of Legal

Education, 2008 framed by Bar Council of I ndia as Bar Council
of India has withdrawn such eligibility criteria through a
notification dated 20.09.2013. Further, it is also violative of
the legal, constitutional and fundamental rights of the CLAT
aspirants.
5.
That the CLAT organizing committee does n ot have power,

whatsoever, to fix such an age eligibility criteria, as the same
is vested only and only with the Bar Council of India under the
Advocates act, 1961. Hence, such an age eligibility criteria is
v i o l a t i v e o f t h e r u l e s f r a m e d b yt h e B a r C o u n c i l o f I n d i a .
6.
That
various
High
notification and the
Courts,
after
considering
the
BCI
relevant rules on the age restriction
issued an ad-interim Mandamus to the respondent no.2 to

accept the hard of the application form. Thus this is an issue
affecting plethora of aspirants and hence Honble court should
take cognizance of the same
Hence, this present writ petition.
Humble Petitioners
IN THE HIGH COURT OF JUDICATURE OF RAJASTHAN

D.B. Writ (PIL) PETITION NO.
/2015
1. Kshitij Sharma, S/o Rajendra Sharma, R/o Plot no. 150,

S e c t i o r - 8 , V i d h ya d h a r N a g a r , J a i p u r ( R a j a s t h a n ) .
[Mobile No. 7737605985]
2. AbhishekRao,
S/o
R.P.Rao,
R/o
C-49,
Nigahi
project,
S i n g r a u l i ( M a d h ya P r a d e s h ) .
[PAN No. BNSPR6147K, Mobile No. 9982060927]
....PETITIONERS
VERSUS
1 . T h e B a r C o u n c i l o f I n d i a , t h r o u g h i t s s e c r e t a r y, 2 1 , R o s e
Avenue Institutional Area, Near BalBhawa, New Delhi110002.
2. Common
Law
Director/Convenor
Admission
of
Test
organising
through
the
u n i v e r s i t y, D r .
Ram
M a n o h a r L o h i ya N a t i o n a l L a w U n i v e r s i t y, T h e c C o r e
Committee of Common Law Admission Test, Sector D -1,
LDA
C o l o n y,
Kanpur
Road
Scheme,
Lucknow -
226012(U.P.)
....RESPONDENTS
IN THE MATTER OF D.B.PUBLIC INTEREST

LITIGATION PETITION UNDER ARTICLE 226
OF
THE
CONSTITUTION
OF
INDIA
READ
WITH CHAPTER XXII-A, RULE 385A TO 385R

OF
THE
RULES
OF
HIGH
COURT
OF
JUDICATURE FOR RAJSTHAN(AMENDMENT)

R U L E S , 2 0 10 .
AND
IN THE MATTER OF ARTICLE 14,19& 21 OF
THE CONSTITUTION OF INDIA
AND
IN THE MATTER OF BAR COUNCIL RULES
OF LEGAL EDUCATION,2008
AND
IN
THE
MATTER
OF
CLAT
NOTIFICATION 2015
AND
IN
THE
MATTER
OF
PRINCIPLES
OF
N A T U R A L J U S T IC E .
To
The Honble Chief Justice and other companion
judges of the High Court of Judicature for
Rajasthan at Jaipur Bench, Jaipur.
MAY IT PLEASE YOUR LORDSHIP;

The humble petitioner s, above named most respectfully
requests to submit this public interest litigation petition as
under:-
(1)
PARTICULARS OF THE CAUSE/ORDER AGAINST

WHICH THE PETITION IS MADE :A. In the matter of justice to take appropriate and
necessary steps to safeguard and protect the rights of
Common Law Admission Test(CLAT) aspirants at
large on urgent basis by removing the age restriction
for
appearing
undergraduate
in
CLAT
2015
programmes
for
admission
conducted
by
into
the
participating national law universities.
B. In
the
matter
of
articles
14,19
and
21
of
the
Constitution Of India.
C. In the matter of Advocates Act,1961.
D . I n T h e M a t t e r O f R u l e s Of L e g a l E d u c a t i o n , 2 0 0 8 .
(2)
P A R T I C U L A R S O F T H E P E T I TI O N E R S
A.
T h e p e t i t i o n e r n o . 1 i s a f i r s t ye a r s t u d e n t o f
National
Law
School
Of
India
U n i v e r s i t y,
Bangalore and is filing this petition in the interest

of the CLAT aspirants at large.
B.
T h e p e t i t i o n e r n o . 2 i s a l s o a f i r s t ye a r s t u d e n t o f
National
Law
School
Of
India
Bangalore and is filing this petition in the interest

of the CLAT aspirants at large.
(3)
DECLARATION
AND
UNDERTAKING
OF
THE
PETITIONER:
The humble petitioners humbly declare and undertakes
as follows:
(I)
That the present petition is filed by the way

of
public
interest
litigation
and
the
petitioners are only having public interest at

large and no personal interest for the reasons
mentioned herein below:
(a)
That the constituitional right of equality

and freedom to practise any profession
of the students at large is taken away by
imposing
the
age
restrictions
on
eligibility for appearing in Common Law

Admission test(CLAT) which in addition
to the above is also ultra virus to the
rules
framed
by
the
BCI
for
legal
education in India.
(II)
That a thorough research has been made /

conducted in the matter which is being raised
in the instantaneous public interest litigation.
The source of information of facts pleaded is
based on common information and various
articles which have come up in the daily
newspapers, internet space and news channels.
The petitioners correlated and cross checked
the information gathered and also searched
the legal position contained in the relev ant
law books, articles and acts (statutes).
(III)
That to the best of petitoners knowledge and

research, the issue raised was not dealt with
or decided and that a similar or identical
petition
was
not
filed
earlier
by
the
petitioner.
(IV)
That the petitioner has u nderstood that in the

course of hearing of the petition, the court
may require any reasonable security to be
furnished towards costs and any other charges
and the petitioner shall comply with such
requirements to the best possible extent.
(4)
F A C T S I N B R I E F , C O N S T I T U TI N G T H E C A U S E :
1. That our country is the largest De mocratic republic in
thwworld.The preamble of the Constitution of India
unequivocally affords the country and its citizens with
significant
objectives
like
Democratic,
republic,
equality etc. That no person shall be deprived of the

fundamental right of equality before law.
2. That Article 14 of the Constitution of India assures

the right to equality before law. The State is under a
constitutional
obligation
to
see
that
rules
and
regulations framed by its institutions do not violate

the said fundamental right. The state should ensure
that all the rules and regulations relating the legal
education should be in consonance with the provisions
of the Constitution of India.
3. That the field of legal education is a distinguished

and magnificient field of education. This field in
India is regulated by the Bar Council of India in
accordance with the provisions of Advocates Act,
1961. To provide a better regulatory framework for
the noble field of legal education, rules on standards
of legal education and recognition of degrees in law
for the purpose of enrolment as an advocate and
inspection of Universities for recognizing its degree
in law under Sections 7(1)(h) and (i), 24(1)(c)(iii),
and (iiia), 49(1)(af),(ag),and (d) of the Advocates
Act, 1961
were made by the Bar Council of India in
consultation with Law Universities and State Bar

Councils.
4. That
the
ye a r
1987
saw
paradigm
shift
in
perceptions about law as a career from one of the least

attractive careers, to one of the most sought after,
with the establishment of the National Law School,
Bangalore. It was a time of hope for the legal
f r a t e r n i t y. T h e c o n c e p t o f a n a t i o n a l i n s t i t u t i o n t o a c t
as
pace-setter
and
testing
ground
for
bold
experiments in legal education came up before the Bar

C o u n c i l o f I n d i a i n t h e c o n t e x t o f t h e C o u n c i l 's
statutory responsibility for maintaining standards in
professional legal education (under the Advocates
A c t ) . S u b s e q u e n t l y, w i t h t h e p a s s a g e o f t i m e m a n y
more National Law Universities were established in
different
states
through
statutes
passed
by
their
respective state legislatures in this regard.
5. That the Common Law Admission Test ( CLAT)is a

common law entrance examination for admission to
prominent National Law Universities in India. The
National Law Universiti es are established through
statutes passed by their respective state legislatures in
this regard. The CLAT for undergraduate programm es
is taken after the Higher Secondary Examination or
the
12th
grade
for
admission
to
integrated undergraduate programmesin Law and after

Graduation
in
programmes
Law
for Master
conducted
universities.Before
the
of
by
Laws(LL.M)
these
introduction
of
law
CLAT,
the autonomous law schools in India conducted their

own separate entrance tests, requiring the candidates
to prepare and appear separately for each of these
tests.
6. That a Public Interest Litigation WP(civil) was filed
in the HonbleSupereme Court. In this Petition, WP
( C i v i l ) N o . 6 8 o f 2 0 0 6 , V a r un B h a g a t v . U n i o n o f I n d i a
and Others, wherein the Honble Court directed the
Union of India to consult with the National Law
Universities to formulate a common entrance test for
admission
Human
India)
in
NLUs.
Resources
and
Thereafter,
Development ,
the University
Grants
the Ministry
of
(Government
of
Commission
of
India organized a meeting of the Vice -Chancellors of
seven
National
Law
Universities
along
with
the
Chairman of the Bar Council of India. After few such

meetings, a memorandum of understanding (MoU) was
executed by seven National Law Universities for
conducting an all India level entrance exam by the
name of Common Law Admission Test(CLAT) and the
Common
Law
Admission
Test
Committee
was
constituted which consisted of Vice-Chancellors of

the seven participating NLUs. The law universities
that signed this MoU are:
i.
National
Law
School
of
India
Bangalore
ii.
National Academy of Legal Study & Research

( N A L S A R ) U n i v e r s i t y o f L a w , H yd e r a b a d
iii.
National
Law
Institute
Bhopal
(NLIU)
iv.
The
West
Bengal
National
University
of
Juridical Sciences, Kolkata (WBNUJS)

v.
vi.
N a t i o n a l L a w U n i v e r s i t y, J o d h p u r ( N L U J )
H i d a ya t u l l a h N a t i o n a l L a w U n i v e r s i t y, R a i p u r
(HNLU)
vii.
G u j a r a t N a t i o n a l L a w U n i v e r s i t y, G a n d h i n a g a r
(GNLU)
7. Common Law Admission Test (CLAT) is a non statutory
body
Understanding
Understanding
created
(MoU).
(MoU)
under
This
was
Memorandum
Memorandum
signed
by
the
of
of
Vice
Chancellors of the seven National Law Universities on
23 November 2007 to conduct a com mon admission

test. The Common Law Admissi on Test was to be
conducted everyyear by each of the NLUs and the
responsibility of conducting the exam was to be
rotated
and
given
on
the
basis
of
seniority
in
establishment.The first Common Law Admi ssion Test

(CLAT) was conducted successfully by The National
L a w S c h o o l o f I n d i a U n i v e r s i t y, B a n g a l o r e o n 1 1 t h
M a y, 2 0 0 8 . T h e C L A T w a s c o n d u c t e d e a c h ye a r b y
NLU in accordance with MoU. The last exam was
conducted
by
Gujarat
National
Law
G a n d h i n a g a r ( G N L U ) o n 1 1 t h M a y, 2 0 1 4 .
8. Later on in 2009, other National Law Universities

n a m e l y,
Dr.
National
Ram
M a n o h a r L o h i ya
Lucknow
University
(RMLNLU);
of
Law,
National
Rajiv
Patiala
Law
Gandhi
(RGNUL)
; C h a n a k ya N a t i o n a l L a w U n i v e r s i t y, P a t n a ( C N L U )
and National University of Advanced Legal Stu dies,
Kochi (NUALS) agreed in principle to utilise the
CLAT score for admissions. Hence, the number of
participating
universitie s
in
CLAT
increased
to
eleven. Thereafter, i n the fifth edition of CLAT which

w a s o r g a n i s e d b y N a t i o n a l L a w U n i v e r s i t y, J o d h p u r i n
2 0 1 2 , t h r e e o t h e r N L U s , n a m e l y, N a t i o n a l U n i v e r s i t y
of
Study &
Research
in
Law,
Ranchi
(NUSRL);
N a t i o n a l L a w U n i v e r s i t y & J u d i c i a l A c a d e m y, A s s a m ,
Guwahati (NLUJAA) and National Law University
Odisha, Cuttack (NLUO) joined.
9. In 2014, a fresh Memorandum of Understanding was

signed by all the National Law Universities except
National
Law
Delhi.
The
new
MoU
replaced the earlier CLAT MoU, which was signed in

2007.
According
participating
to
this
universitie s
MoU,
are
C L A T b y r o t a t i o n e v e r y ye a r
now
all
the
16
entitled
to
conduct
which shall be in
a c c o r d a n c e w i t h t h e i r ye a r o f e s t a b l i s h m e n t . T h e 1 6
participating NLUs in the order of their establishment
are:
(I) National
Law
School
of
India
Bangalore (NLSIU)
(II)
National Academy of Legal Study & Research
( N A L S A R ) U n i v e r s i t y o f L a w , H yd e r a b a d
(III) National
Law
Institute
Bhopal
(NLIU)
(IV) The
West
Bengal
National
University
of
Juridical Sciences, Kolkata (WBNUJS)

(V)
N a t i o n a l L a w U n i v e r s i t y, J o d h p u r ( N L U J )
( V I ) H i d a ya t u l l a h N a t i o n a l L a w U n i v e r s i t y, R a i p u r
(HNLU)
( V I I ) G u j a r a t N a t i o n a l L a w U n i v e r s i t y, G a n d h i n a g a r
(GNLU)
(VIII)
Dr.
Ram
U n i v e r s i t y, L u c k n o w ( R M L N L U )
National
Law
(IX) Rajiv
Gandhi
National
University
of
Law,
Patiala (RGNUL)
(X)
C h a n a k ya
National
Law
Patna
(CNLU)
(XI) National University of Advanced Legal Studies,
Kochi (NUALS)
(XII) National
Law
University
Odisha,
Cuttack
(NLUO)
(XIII)
National University of Study & Research in
Law, Ranchi (NUSRL)

(XIV)
National
Law
University
&
Judicial
National
Law
A c a d e m y, A s s a m , G u w a h a t i ( N L U J A A )
( X V ) D a m o d a r a m S a n j i v a y ya
U n i v e r s i t y, V i s a k h a p a t n a m ( D S N L U )
(XVI)
The
TamilNadu
National
Law
School,
Tiruchirappalli (TNNLS)
10. That the Common Law Admission Test (CLAT) for the
ye a r 2 0 1 5 w i l l b e c o n d u c t e d b y D r . R a m M a n o h a r
L o h i ya N a t i o n a l L a w U n i v e r s i t y, L u c k n o w ( R M L N L U )
on the basis of the Memorandum of Understanding
d a t e d o n 1 0 t h M a y, 2 0 1 5 . T h e C L A T c o r e C o m m i t t e e
f o r t h e ye a r 2 0 1 5 c o m p r i s e s o f t h e V i c e C h a n c e l l o r s
of all the participating NLUs. Dr.Gurdip Singh, by
virtue of being the Vice Chancellor of the organising
u n i v e r s i t y, i s t h e C o n v e n o r o f C L A T C o r e C o m m i t t e e .
The application forms for CLAT 2015 are to be filled
online and there is no other mode of filling the

application.
The
last
date
forsubmitting
the
application form is 31st March 2015. A copy of the

procedure for filling the application as specified on
the official website of CLAT is filed herewith and
marked as Annexure 1.
11. That the eligibility criteria for
appearing in the
Common Law Admission Test, 2015 is specified on

the official website of CLAT (clat.ac.in).A copy of
the same is filed herewith and marked as Annexure 2.
The
age
limit
for
to
the
programme
admission
to
participating
Undergraduate
universities
is
specified as :
A candidate should be below 20 years of age as on
1st July, 2015 (22 years in case of SC/ST and
Persons with Disability candidates, as prescribed
by the respective Statutes of the participating
Universities.
12. That however, the field of legal education in India is
regulated by the Rules of Legal Edcuation, 20 08
which were formed by Bar Council of India. The
clause 28 of Schedule III of Rules of Legal Education,
2008 prescribed the age limit for admission into under
graduate and post graduate programmes. It reads as:
28. Age on admission:
(a)
Subject to the condition stipulat ed by a

University on this behalf and the high
degree
of
professional
commitment
required, the maximum age for seeking

admission into a stream of integrated
Bachelor of law degree program, is
limited to twenty years in case of
general category of applicant s and to
twenty two years in case of applicants
from
SC,
ST
and
other
Backward
c o m m u n i ti e s .
(b)
Subject to the condition stipulated by a

University,
condition
legal
and
of
the
the
general
applicants
education
social
seeking
belatedly,
the
maximum age for seeking admission

into a stream of Three Year Bachelor
Degree Course in Law, is limited to
thirty
years
University
further
with
to
give
year
for
right
of
concession
the
the
of
applicant
belonging to SC or ST or any other

Backward Community.
13. That the aforesaid clause was withdrawn by the

Bar Council of India vide a Notification dated
28.09.2013.
The
said
notification
specifically
mentions that in view of the various decisions by

the different High Courts, the prescription of age
limit
of
20
ye a r s
for
vide
Rule
11
is
unconstitutional and against the principles of
natural justice and therefore, the said rule is

being withdrawn. A copy of the Notification i s
filed herewith and marked as Annexure 3. The
Bar Council of India in the notification also
mentioned that:
I find thatthe provisions of Clause 28 of

Schedule III appended to the Rules are beyond
the legislative competence of Bar Council of
India . Clause 28 ultravires the provisions of
Section 7(1)(h) and (i) and 24(1)(c)(iii) and
(iiia) or Section 49(1) (af), (ag) and (d) of the
Advocates Act. Even othervise, the Rule is
arbitrary
as
it
introduces
an
invidious
classification by dividing one class of students

in two artificial and irrational classes by
prescribing the maximum age for admission to
law courses.
14. That even after the said rule had been withdrawn by
the Bar Council of India from the Rules of Legal
Education, 2008, CLAT core committee has not acted
in accordance with the said rules and the restriction of
2 0 ye a r s o f a g e l i m i t f o r a p p e a r i n g i n u n d e r - g r a u d a t e
CLAT exams is still in existence. It is submitted that
the Honble Allahabad High Court in Kanha v. Bar
Council of India, WP (Civil) No. 18551 of 2014, after
considering the BCI notification and the rele vant rules
on
the
age
restriction
issued
an
ad-interim
Mandamus to Gandhinagar National Law University

(GNLU), Gandhinagar and
permitted the petitioners
therein to appear in CLAT 2014 examination on their

presenting the certif ied copy of the order of cour t
before
the
Convenor/Directo r
u n i v e r s i t y.
Even
after
of
this
the
organising
judgement
of
H o n b l e A l l a h a b d H i g h C o u r t , r e c e n t l y, C o n v e n o r o f
CLAT core committee, Dr.Gurdip Singh has said in an
interview which has been reported by Legally India
and Times of India, that the age eligibility criteria
will
not
be
judgement
of
quashed.
He
Allahabad
further
High
said
Court
that
was
the
only
applicable to the two candidates and that no high

court judgement came in the way of age eligibility
criteria. The screenshot of reports of interview are
filed herewith and marked as Annexure 4 & 5.
1 5 . S i m i l a r l y, t h e H o n b l e R a j a s t h a n H i g h C o u r t , i n R o h a n
Singh v. Bar Council of India and Others, issued an
ad-interim mandamus,in S.B. Civil Writ Petition No.
1 9 7 8 / 2 0 1 5 v i d e i t s o r d e r d a t e d 9 t h F e b r u a r y, 2 0 1 5
d i r e c t i n g D r . R a m M a n o h a r L o h i ya N a t i o n a l L a w
U n i v e r s i t y, L u c k n o w ( R M L N L U ) t o a c c e p t t h e h a r d
copy of the application form of the petitioner as the
online application for m of the petitioner was not
accepted by the software. It is submitted that w hen an
aspirant/student fills the application form and enters
his
date
of
birth
in
software automatically
the
prescribed
col umn,
the
calculates the age of the aspirant and if it is more

than
20
ye a r s
on
1 s t J u l y,
2015
it
automatically
d i s p a l ys t h e m e s s a g e t h a t t h e a g e i s n o t v a l i d a n d
consequently
the
student
is
not
able
fill
the
application and his form is rejected .
16. That number of similar writ petitions have been filed

before the various high courts asking for directing Dr.
Ram
National
Law
Lucknow (RMLNLU) to accept the hard copy of the

application
form.
It
is
submitted
that
multiple
petitions pertaining to the same issue are being filed

in different parts of the country under jurisdictions of
different
courts.
Thus
this
is
an
issue
affecting
plethora of aspirants and hence Honble court should

take cognizance of the same.
(5)
SOURCE OF INFORMATION:
I hereby declare that the source of information of the
fact pleaded is based on common information an d
various articles which come up in the news papers, on
internet and news channels. That the petitioner cross
checked the information gathered and also searched
the legal position contained in relevant law books and
Acts (statutes). It is further declared that as per the
details available in the public, multiple writ petitions
have been filed on the same issue. Further, it has been
time and again observed in orders of different courts

and
also
that
of
the
apex
court
that
the
age
restrictions on admission to institutions imparting

legal education is against the provisions of Advocates
Act, 1961 and the same has been withdrawn from th e
rules of Legal Education Rules, 2008 by the Bar
Council of India by a notification dated 28/09/2013. A
copy of the same is attached as Annexure 3.
(6)
NATURE
AND
EXTENT
OF
INJURY
C A U S E D / A P P R EH E N D E D :
(a)
That due to the non compliance of the rules by the

respondent no. 2 with regard to restriction on age
limit, the preparation of the over aged aspirants
according to the eligibility criteria is suffering.
(b)
That
many
aspirants
are
incurring
undesired
expenses for the getting their CLAT application

form accepted thourghlitigation whih involves huge
costs and many other expenses associated with the
same and also not all the students can have an
excess to the litigation.
(c)
That many aspirants are suffereing from mental

agony
due
to
the
imposition
of
this
illegal
eligibility criteria as they are uncertain about their

carrer prospects.
(7)
A N Y R E P R E S E NT A T I O N E T C . M A D E
No representation has been made.
(8)
GROUNDS
a) That
Constitution
of
India
under
Article
14
guarantees the right to equality to its citizens. The

restriction in age limit imposed by the CLAT Core
committee is violative of Article 14,19 as well as
ultravires to the rules formed by Bar Council of
India. The CLAT Organising Committee is unable
to procure this constitutional and fundamental right
of a certain section of aspirants.
b) That the Bar Council of India vide its notification

dated
23.09.2013
has
withdrawn
the
rules
pertaining to age restrictions for admission to

under graduate courses of legal education and now
t h e r e a r e n o s u c h r u l e s i m p o s i n g 2 0 ye a r s o f a g e
restriction. However, the CLAT Core Committee
has
not
acted
in
accordance
with
the
said
notification andthe age restrictions are still being

implemented which is ultravirus to the Rules of
Legal Edcuation, 2008 framed by the BCI which is
the statutory authorit y for regulating the legal
education in India. The BCI in its notification has
itself
stated that restricting the age limit for
a d m i s s i o n t o u n d e r - g r a u d a t e c o u r s e i s b e yo n d t h e
legislative competence of Bar Council of India and
is
ultravires to the provi sions of Section 7(1)(h)
and (i) and 24(1)(c)(iii) and (iiia) or Section 49(1)

(af), (ag) and (d) of the Advocates Act. Even
othervise, the Rule is arbitrary as it introduces an
invidious classification by dividing one class of
students in two artificial and irrational classes by

prescribing the maximum age for admission to law
courses. Also, the said restriction is violative of
the fundamental rights as well as to the principles
of natural justice.
c) Because even Bar Council of India, which is the

o n l y a u t h o r i t y f o r r e g u l a ti n g l e g a l e d u c a t i on i n
India, as per the powers given to them under
Section 49 (1)(c) of Advocates Act, 1961 does not
have legislative competence to make such rules,
which
are
in
violation
of
the
provisions
of
Advocate Act,1961. CLAT o rganising committee

which is a non-statutory body established under a
Memorandum of Understanding signed between 16
National Law Universities cannot impose such age
limit for the admission into institutions imparting
legal education. The Legal profession i n India is
regulated by the Advocate Act and any rule which
is in violition of the provisions of the Advocate
Act
is
against
the
spirit
of
legal
profession.
Therefore, CLAT does not have any legislative

competence to make such rules. This age eligibility
criteria isultravires to the Rules of legal Education,
2008.
d) That
high
allowing
courts of
those
different
candidates
who
jurisdictions
are
filing
are
writ
p e t i t i o n s b e f o r e t h e m t o f i l e a p h ys i c a l c o p y o f
applicaton to the CLAT organizing committee. As a
result
of
which
only
those
aspirants,
having
knowledge and access to the courts, are able to fill

this application form. Hence, despite of having a
chance of being eligible for CLAT, they are not
being allowed to sit for CLAT because of the lack
of knowledge and resources. This has resulted in a
whole new class of aspirants whose rights are being
violated.
e) That
the
said
age
restriction
is
violativeof
fundamental right guaranteed under Article 14 of

Contitution of India. All those aspirants who are
a b o v e 2 0 ye a r s o f a g e , a n d w a n t t o a p p e a r i n C L A T
examination but are unaware about fillng of the
writ petition are losing on their carrer because of
the said age restriction.The aspirants are under the
impression that since their application forms are
not accepted on the CLAT website, they are not
eligible for appearing in the said exam. This is not
only disheartening for these aspirants, but is al so
affecting their preparation and thus, affecting lives
a n d c a r e e r s o f m a n y yo u n g a s p i r a n t s .
f) That
a p p l yi n g
for
CLAT
is
cheaper for
those
candidates who comes within the age limits as

compared to those students who does not fulfil the
eligibility criteria because of the fact that those
who
are
within
the
age
limits
can
file
an
application via the internet, whereas t hose who are

overagedincure multiple expenses such as litigation
cost, postal expenses etc. This difference between
t h e c o s t o f a p p l yi n g f o r C L A T i s s u b s t a n t i a l a n d i t
violates rights of that section of the aspirants who
are not eligible
because of the ag e restriciton set
out by the CLAT organizing committee.
g) That Article 19(1)(g) provides every citizen of

India a right to practise any profession, or to carry
on any occupation, trade or business. The said
eligibility criteria of age for admission into leg al
education
violates
the
fundament
right
under
Article 19(1)(g) of Constitution of India as those

law aspirants who want to undertake their legal
education in the NLUs
but are unable to take
admission because of the illegal age restriction set

by the CLAT committee thus, ultimately affecting
them in pursuing their legal carrer and their right
to enter into legal profession.
h) That with the establishment of the National Law

Universities, the standard of legal education in
India has been improved manifold times and with
the passage of time, the NLU have made their own
prestige.
All
the
law
students
aspire
to
take
admission in the NLUs because of the NLU brand
name and more so because of the standard of legal

education provided by the NLUS. It is submitted
that as all the NLUS except Delhi take admissions
through the CLAT and those aspirants who do not
qualify
for filling the admission form because of
the age restriction are denied admission in the

NLUS which is violaitve their fundamental rights
guaranteed under Article 14, 19(1)g and 21.
i) That
the
BCI
being
the
statutory
body
for
regulating the legal education in india , all the law

colleges have to be recognised by it and should act
in accordance with the rules framed by the B CI. It
is submitted that while other law colleges in India
have
not
prescribed
any
age
limit
for
taking
admission in the undergraduate law course, the

NLUs have prescribed the age restriction which is
ultra virus to the rules framed by the BCI and is
vialotive
to
the
fundamental
rights
guaranteed
under the constitiution of India.
(9)
DELAY, IF ANY, IN FILING THE PETITION AND

EXPLANATION THEREOF.
No Delay
(10) PRAYERI t i s , t h e r e f o r e , m o s t h u m b l y a n d r e s p e c t f u l l y p r a ye d t h a t
yo u r L o r d s h i p s ma y v e r y g r a c i o u s l y b e p l e a s e d t o a c c e p t
and allow this PIL petition and further be pleased to;
(i)
Issue appropriate writ ,orders or directions

in the nature thereof, that the age restriction
o f 2 0 ye a r s p r e s c r i b e d b y r e s p o n d e n t n o . 2
for taking admission in under graduate law
course
in
National
declared ultra vires
Law
U niversities
be
to the Rules of Legal
Education, 2008 framed by the Bar Council

of India.
(ii)
Issue appropriate orders or directions in the

n a t u r e t h e r e o f t h e r e b y, t h e r e s p o n d e n t n o . 2
may be directed to withd raw the eligibility
criteria
of
Age
limit
of
20
ye a r s
for
appearing for the Common Law Admission

Test in undergraduate course.
(iii)
Issue appropriate orders or directions in the

n a t u r e t h e r e o f t h e r e b y ,the respo nd ent no. 2
be directed that a ll those student s who are
appl ying f or the u nder graudat e cour se under
CLAT be allowed to f ill their ap plication
f orms and a notice or clarif ication should be
issued b y res ponde nt No. 2 w ith re ga rd to t he
restriction on age limit and t he sa me ma y be
displa yed
on
t he
websit e
of
the
CLAT.
Further , the res po ndent no. 2 be dir ected to

publish the sai d cl arif ications or n oti ce in th e
dail y news papers s o as to brin g the sa id
clarif ication or notice to the know ledge of

the student s who a re appl ying f or CL AT.
(iv)
Any other appropriate order or directions

which this Hon'ble Court may deem fit just
and proper in the facts and circumstances of
the case may kindly be passed in the interest
of public at large.
(11) INTERIM ORDER, IF PRAYED FOR

(Separate stay application attached.)
(12) CAVAET
That no notice has been received of lodging a caveat by the

opposite parties.
Humble Petitoners
1. Kshitij Sharma(S/o Rajendra Sharma)
2 . A b h i s h e k R a o ( S / o R . P . R a o)
NOTES:
1. This is a D.B. Wri t petition(PIL)
2. No such D.B. Wri t Petition (PI L) has been
f iled previousl y
bef ore this Hon'ble Court.

3. PF, notices an d extra copies w ould
be sub mitte d within
time.
4.
It
ha s been t yp e d b y m y Ste no and
not
b y a n y of the
has
been t ype d on
emplo yees of this Hon'b le Cour t.

5.
Since
pi e pa pers are not avai l able, it
stout paper s.
PETITION ERS

D.B. WRIT PETITION(PIL) NO.
/2015

Versus
AFFIDAVIT IN SUPPORT OF WRIT PETITION
I, Abhishek Rao, son of Mr. R. P. Rao, aged about 20
ye a r s , R e s i d e n t o f C - 4 9 , N i g a h i P r o j e c t , S i n g r a u l i - 4 8 6 8 8 4 ,
M a d h ya P r a d e s h , d o h e r e b y t a k e o a t h a n d s t a t e a s u n d e r : 1.
That I am the petitioner no. 1 in the aforementioned case. I

am well conversant with the facts of the PIL Petition. I am
competent to sworn this affidavit.
2.
That the annexed PIL petition has been drafted by me.
3.
That the contents of para1 to 9 of the annexed PIL petition

are true and correct to my personal knowledge. Nothing
material has been concealed and no part of it is false.
DEPONENT
VERIFICATION
I, the abovenamed deponent do hereby verify on oath that
the contents of para no.1 to 3 of the affidavit are true and correct
to the best of my personal knowledge. Nothing material has been
concealed therein and no part of it is false.
So help me God.
DEPONENT

D.B. WRITPETITION(PIL) NO.
/2015

Versus
AFFIDAVIT IN SUPPORT OF WRIT PETITION
I,
about
Kshitij Sharma, son of Mr. Rajendra Sharma, aged

18
ye a r s
resident
of
Plot
No.
150,
Sector -8,
V i d h ya d h a r N a g a r , J a i p u r - 3 0 2 0 3 9 , R a j a s t h a n , d o h e r e b y t a k e
oath and state as under: 1.
That I am the petitioner no. 2 in the aforementioned case.I

am well conversant with the facts of the PIL Petition. I am
competent to sworn this affidavit.
2.
That the annexed PIL petitio n has been drafted by me.
3.
That the contents of para1 to 9 of the annexed PIL petition

are true and correct to my personal knowledge. Nothing
material has been concealed and no part of it is false.
DEPONENT
VERIFICATION
I, the abovenamed deponent do hereby verify on oath that
the contents of para no.1 to 3 of the affidavit are true and correct
to the best of my personal knowledge. Nothing material has been
concealed therein and no part of it is false.
So help me God.
DEPONENT

D.B. CIVIL MISC. STAY APPLICATION NO.____/2015.
IN
D.B. WRIT PETITION (PIL)NO. ______/2015.
1. Kshitij Sharma, S/o Rajendra Sharma, R/o Plot no. 150,

S e c t i o r - 8 , V i d h ya d h a r N a g a r , J a i p u r ( R a j a s t h a n ) .
[Mobile No. 7737605985]
2. AbhishekRao,
S/o
R.P.Rao,
R/o
C-49,
Nigahi
project,
S i n g r a u l i ( M a d h ya P r a d e s h ) .
[PAN No. BNSPR6147K, Mobile No. 9982060927]
...Applicant-Petitioner
Versus
1 . T h e B a r C o u n c i l o f I n d i a , t h r o u g h i t s s e c r e t a r y, 2 1 , R o s e
Avenue Institutional Area, Near BalBhawa, New Delhi 110002.
2. Common
Law
Admission
Test
through
the
D i r e c t o r / C o n v e n o r o f o r g a n i s i n g u n i v e r s i t y, D r . R a m
M a n o h a r L o h i ya N a t i o n a l L a w U n i v e r s i t y, T h e c C o r e
Committee of Common Law Admission Test, Sector D -1,
LDA
C o l o n y,
Kanpur
Road
Scheme ,
Lucknow-
226012(U.P.)
...Respondents
...
STAY APPLICATION UNDER ARTICLE

226 OF THE CONSTITUTION OF INDIA.
...
To
Hon'ble
the
Chi ef
Justice
and
his
other
Hon'ble Co mpa nio n Justices of this Rajasthan

High Court at Jaipur Bench, Jaipur.
...
MAY IT PLEA SE YOUR L ORDS HI PS
...
The hu mble applic ant begs to sub mi t as under:
1.
Tha t the app licant has toda y f iled a w rit p etit ion
challenging validit y of the age el ig ibilit y criter ia set b y

Co mmon
Law
A dmission
Test
Core
Co mmittee
appearing in Co m mo n Law Ad mis si on Test, 2015.
f or
The
petitioner h ave got all hopes of succe ss in the w rit petiti on.
2.
That the f acts mentio ned an d th e ground s take n in the
annexed writ pet ition which ma y be c onsidered to be a p art

of this sta y ap pl ication as well would sh ow tha t the
petitioners ha ve g ot a ver y s trong p rima f acie case in his
f avor and in all probabili t y t he w rit petition w ould be
allowed.
3.
T hat in case th e sta y a s pra ye d f or is not grante d, th e law
aspirants at large would suf f er irreparable injur y.
4.
That balance of convenience lies i n f avour of the
petitioner.
It is, theref ore, pr a ye d that this sta y ap plication be

accepted a nd the Honble Court ma y be pl eased t o o rder
that during the pe ndenc y of the writ petition bef ore this
Honble Court, th e respon dent no. 2 be directed that all
those stude nts wh o are appl yin g f or the under gra du ate
course under CL AT be allowed to f ill their application
f orms and a notic e or clarif ication should be issued with
regard to the restr iction on age li mit and the sa me ma y be
displa yed on the website of the CLAT. Furth er , the
respondent
no.
be
directed
to
pu blish
th e
s aid
clarif ications or n otice in the d ail y newspap ers so as to

enable the s tudents to fill their forms.
An y other or der or direction w hich this Hon 'ble

Court dee ms just a nd proper in the f a cts and cir cu mstan ces
of the case ma y als o be p assed in f avor of the applicant.
Hu mble Applicant s
JAIPUR,
DATED
NOTES:
1. No such sta y application has be en
f iled previous l y bef ore
this Hon 'ble C ourt.

2. PF, notices an d extra copies w ould
be sub mitte d within
time.
3. It has been t yp ed b y m y S teno in m y of f ice and not b y an y
of the emp lo yees of this Hon'b le C ourt.
4.
Since
pie pa pers are not avai l able, it
has
been t ype d on
stout paper s.
Hu mble A pplicant s

...
D.B. CIVIL MISC. STAY APPLICATION NO.___/2015.
IN
...
Applicant-Petitioner
Versus
Respondents
...
AFFIDAVIT IN SUPPORT OF STAY APPLICATION
...
I,
about
Kshitij Sharma, son of Mr.Rajendra Sharma, aged

18
ye a r s
resident
of
Plot
No.
150,
Sector -8,
V i d h ya d h a r N a g a r , J a i p u r - 3 0 2 0 3 9 , R a j a s t h a n , d o h e r e b y t a k e
oath and state as under:-
1.
That
applicant -petitioner
in the
above mentioned
case and am well conversant with the facts and circumstances

of the case.
2.
That the annexed stay application has got drafted by me
and the contents mentioned in paragraphs from 1 to 4 are true

and correct to my personal knowledge.
DEPONENT
VERIFICATION
I,
the
above
named
deponent,
do
hereby solemnly
verify that the contents of paras 1 and 2 of my above affidavit

are true and correct
to
my personal knowledge.
Nothing
m a t e r i a l h a s b e e n c o n c e a l e d t h e r e f r o m n o r a n yt h i n g f a l s e h a s
been stated therein. So help me God.
DEPONENT
IDENTIFIED BY:
IN THE HIGH COURT OF JUDI CATURE FOR RAJASTHAN

...
D.B. CIVIL MISC. STAY APPLICATION NO.___/2015.
IN
...
Applicant-Petitioner
Versus
Respondents
...
AFFIDAVIT IN SUPPORT OF STAY APPLICATION
...
I, AbhishekRao, son of Mr. R. P. Rao, aged about 20
years, Resident of C -49, Nigahi Project, Singrauli -486884,
M a d h ya P r a d e s h , d o h e r e b y t a k e o a t h a n d s t a t e a s u n d e r : -
1.
That
applicant-petitioner
in the
above mentioned
case and am well conversant with the facts and circumstances

of the case.
2.
That the annexed stay application has got drafted by me
and the contents mentioned in paragraphs from 1 to 4 are true

and correct to my personal knowledge.
DEPONENT
VERIFICATION
I,
the
above
named
deponent,
do
hereby solemnly
verify that the contents of paras 1 and 2 of my above affidavit

are true and correct
to
my person al knowledge.
Nothing
m a t e r i a l h a s b e e n c o n c e a l e d t h e r e f r o m n o r a n yt h i n g f a l s e h a s
been stated therein. So help me God.
DEPONENT
IDENTIFIED BY:
2/19/2015
ProcedureforApplication|CLAT2015
COMMONLAWADMISSIONTEST
http:// lat.a .i
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TNNLSTi u hi appalli http://
.t
ls.i /
D .a Ma oha Lohi aNatio alLa U i e sit

3/4
2/19/2015
Se D ,LDAColo ,Ka pu oadS he e,Lu k o

Utta P adesh,I dia
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CLAT.Allightsese ed.
4/4
2/19/2015
CLAT2015Eligibility|CLAT2015
COMMONLAWADMISSIONTEST
http:// lat.a .i
AboutAdmission
CLAT
Eligi ilit
TheU de G aduateP og a
eOffe edB TheNatio alLa U i e sities
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alsoad isedto he kthe e sitesof espe ti eU i e sitiesf o ti etoti etokeepthe sel es
updateda outthe ha gesi the ou sest u tu ea dothe details.
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stude ts seeki g ad issio to the a ious La U i e sities i the Cou t u de Me o a du of
U de sta di gs MoU .A e t a etestis o du tedtop o idealistof a didateso the asisof
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pa ti ipati g U i e sities. The ualifi atio a d othe details as p o ided Statutes of ea h
U i e sit fo ad issio toUG/PGp og a ,isgi e asfollo s:
Eligi ilit Fo CLAT
Edu atio al
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S.No. Na eoftheU i ersity
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of
espe ti e
pa ti ipati g
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1/3
2/19/2015
TheWestBe gal
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a didates , as
p es i ed
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the
pa ti ipati g
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ea
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as p es i ed the
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pa ti ipati g
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uppe age li it fo
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2/3
2/19/2015
ti eofad issio .
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ad issio ,faili g hi h,the a didateshall ei eligi lefo ad issio totheCou se.
Pa ti ipati gU i e sities
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. liu.a .i /
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NLUJodhpu http://
. lujodhpu .a .i /
HNLUaipu http://h lu.a .i

GNLUGa dhi aga http://
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MLNLULu k o http://
l lu.a .i /
GNULPatiala http:// g ul.a .i /

CNLUPat a http://
. lu.a .i /
NUALSKo hi http://
NLUOCutta k http://
. uals.a .i / e /i de .asp
. luo.a .i /
NUSLa hi http:// us l a hi. o /

NLUJAAGu ahati http://
. luassa .a .i /
DSNLUVisakhapat a https://ds lu.a .i /

TNNLSTi u hi appalli http://
.t
ls.i /
D .a Ma oha Lohi aNatio alLa U i e sit
Se D ,LDAColo ,Ka pu oadS he e,Lu k o

Utta P adesh,I dia
TollFreeNu er:
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Cop ight
CLAT.Allightsese ed.
3/3
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CLATupperagelimittoremainunchangeddespiteAllahabadHCjudgment|LegallyIndia
Exclusive
By Prachi Shrivastava
Thursday, 20 November 2014, 07:01
Pre-law student
Send us a tip
CLATupperagelimittoremainunchanged
despiteAllahabadHCjudgment
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The 20year age limit to appear in the Common Law Admission Test (CLAT) remains
unaffected by the Allahabad high court judgment of May 2014, in which the court had
noted that there can be no such restriction since the Bar Council of India (BCI) had
already scrapped the maximum age limit on undergraduates.
CLAT 2015 convenor RMLNLUs vice chancellor Prof Gurdip Singh commented: In the
core committee meeting we discussed this issue. It was pointed out that [the judgment]
was applicable to only those [two candidates who had filed the petition before the
Allahabad HC]. There is no high court judgment coming in the way [of the presently fixed
eligibility criteria].
When asked about the effect of the high courts observation that a BCI notification had
declared the age limit criteria unconstitutional, Singh said: The core committee has the
power to independently decide eligibility criteria. The order doesnt affect the authority of
the CLAT core committee as such.
The Allahabad high court had in May directed CLAT 2014 convenor GNLU Gandhinagar to
allow two 21yearold CLAT aspirants to appear in the entrance test.
This years age limit relaxation has been granted to candidates from the personswith
disabilities (PwD) category, from which candidates up to 22 years of age can now appear,
as reported by Legally India. Until CLAT 2015, only candidates from the scheduled
categories (SC/ST) were granted this relaxation.
More about:
Clat 2015, Common Law Admission Test Clat, Gurdip Singh, Rmlnlu Lucknow
Share this:
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AgebarforCLATremainsunchangedTheTimesofIndia
Lucknow
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Lucknow:The20yearagelimittoappearinCommonLawAdmissionTest(CLAT)remains
unaffectedbytheAllahabadhighcourtjudgmentofMay2014,inwhichthecourthadnoted
therecanbenosuchrestrictionsinceBarCouncilofIndia(BCI)hadalreadyscrappedmaximum
agelimitforundergraduates.
RamManoharLohiyaNationalLawUniversityvicechancellorGurdipSinghwhoisconvenerof
CLAT2015said,"Theissuewasdiscussedinthemeetinganditwaspointedoutthatit(the
judgment)wasapplicabletoonlythosetwo(candidateswhohadfiledthepetitionbeforethe
AllahabadHC).Thereisnohighcourtjudgmentcomingintheway(ofthepresentlyfixed
eligibilitycriteria).''
OntheBCInotificationthatdeclaredtheagelimitcriteriaunconstitutional,Singhsaid,"Thecore
committeehasthepowertoindependentlydecideeligibilitycriteria.''
Singh,whohadameetingwiththevicechancellorsofNationalLawUniversityRaipurand
Jodhpur,saidtheonlineapplicationprocessforadmissionsto15NLU'swouldbeginfrom
January1.RamManoharLohiyaNationalLawUniversitywhichisconducting(CLAT)2015has
issuedanotificationonTuesday.ThelastdateforfillingonlineapplicationsisMarch31.
Onreservationpolicy,Singhsaid,"Thereisnocommonreservationpolicyforadmissionstothe
NLUs.Thereservationdetailswouldbefollowedasperthestatutesofrespectiveparticipating
universities.AcomparativestudyofreservationwouldbeputontheCLATwebsitesoon.''
Besides,meritlistcumpreferencewillbethebasicprincipleofadmissionforCLAT2015and
allotmentofcandidatestovariousNLUswillbebasedonthesame.
StayupdatedonthegowithTimesofIndiaNewsApp.Clickheretodownloaditforyourdevice.
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1/1

Kshitij Sharma & Another
Petitioner
Versus
Respondents
AFFIDAVIT IN SUPPORT OF DOCUMENTS
I,
Kshitij Sharma, son of Mr.Rajendra Sharma,
a g e d a b o u t 1 8 ye a r s , r e s i d e n t o f
Plot No. 150, Sector -
8 , V i d h ya d h a r N a g a r , J a i p u r - 3 0 2 0 3 9 , R a j a s t h a n , d o
hereby take oath and state as under: 1.
That I am the Petitioner in the above mentioned case
and am well conversant with the facts and circumstances

of the case.
2.
That Annexure Nos. 1, 2, 3, 4 and 5 annexed with
the writ petition are true and have been downloaded

from the official websites.
DEPONENT
VERIFICATION
I,
the
above
named
deponent,
do
hereby solemnly verify that the contents of paragraph 1

and 2 of my above affidavit are true and correct to my
personal
knowledge.
Nothing
material
has
been
c o n c e a l e d t h e r e f r o m n o r a n yt h i n g f a l s e h a s b e e n s t a t e d
therein. So help me God.
DEPONENT
IDENTIFIED BY:
IN THE HIGH COURT OF JUDICATU RE FOR RAJASTHAN

Kshitij Sharma & Another
Petitioner
Versus
Respondents
AFFIDAVIT IN SUPPORT OF DOCUMENTS
I, Abhishek Rao, son of Mr. R. P. Rao, aged about
2 0 ye a r s , R e s i d e n t o f C - 4 9 , N i g a h i P r o j e c t , S i n g r a u l i 4 8 6 8 8 4 , M a d h ya P r a d e s h , d o h e r e b y t a k e o a t h a n d s t a t e
as under:1.
That I am the Petitioner in the above mentioned case
and am well conversant with the facts and circumstances

of the case.
2.
That Annexure Nos. 1, 2, 3, 4 and 5 annexed with
the writ petition are true and have been downloaded

from the official websites.
DEPONENT
VERIFICATION
I,
the
above
named
deponent,
do
hereby solemnly verify that the contents of paragraph 1

and 2 of my above affidavit are true and correct to my
personal
knowledge.
Nothing
material
has
been
c o n c e a l e d t h e r e f r o m n o r a n yt h i n g f a l s e h a s b e e n s t a t e d
therein. So help me God.
DEPONENT
IDENTIFIED BY

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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN

AT JAIPUR BENCH, JAIPUR

Kshitij Sharma and Another

D.B. Writ(PIL) Petition

Affidavit in support of Writ(PIL) Petition

D.B. Civil Misc. Stay Application

Affidavit in support of D.B. Civil Misc. Stay

Affidavit in support of Documents

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN

Kshitij Sharma and Another

Common Law Admission Test (CLAT) is a non -statutory body

In 2014, a fresh Memorandum of Understanding was signed by

there is no other mode of filling the application. The last date

Admission Test which is also ultra vires to the Rules of Legal

That the CLAT organizing committee does n ot have power,

notification and the

relevant rules on the age restriction

issued an ad-interim Mandamus to the respondent no.2 to

IN THE HIGH COURT OF JUDICATURE OF RAJASTHAN

D.B. Writ (PIL) PETITION NO.

1. Kshitij Sharma, S/o Rajendra Sharma, R/o Plot no. 150,

IN THE MATTER OF D.B.PUBLIC INTEREST

WITH CHAPTER XXII-A, RULE 385A TO 385R

JUDICATURE FOR RAJSTHAN(AMENDMENT)

MAY IT PLEASE YOUR LORDSHIP;

PARTICULARS OF THE CAUSE/ORDER AGAINST

participating national law universities.

C. In the matter of Advocates Act,1961.

Bangalore and is filing this petition in the interest

Bangalore and is filing this petition in the interest

That the present petition is filed by the way

petitioners are only having public interest at

That the constituitional right of equality

eligibility for appearing in Common Law

That a thorough research has been made /

That to the best of petitoners knowledge and

That the petitioner has u nderstood that in the

equality etc. That no person shall be deprived of the

2. That Article 14 of the Constitution of India assures

regulations framed by its institutions do not violate

3. That the field of legal education is a distinguished

were made by the Bar Council of India in

consultation with Law Universities and State Bar

perceptions about law as a career from one of the least

experiments in legal education came up before the Bar

respective state legislatures in this regard.

5. That the Common Law Admission Test ( CLAT)is a

integrated undergraduate programmesin Law and after

the autonomous law schools in India conducted their

India organized a meeting of the Vice -Chancellors of

Chairman of the Bar Council of India. After few such

constituted which consisted of Vice-Chancellors of

National Academy of Legal Study & Research

Juridical Sciences, Kolkata (WBNUJS)

7. Common Law Admission Test (CLAT) is a non statutory

Chancellors of the seven National Law Universities on

23 November 2007 to conduct a com mon admission

establishment.The first Common Law Admi ssion Test