Recently, a CLAT aspirant approached the Supreme Court and requested the Court to direct the CLAT exam centre to provide him with an isolated room so that he can appear for the exam, as he was COVID-19 suspect.
Today a three Judges Bench of Supreme Court comprising Hon’ble Mr. Justice Ashok Bhushan, Hon’ble Mr. Justice R. Shubhas Reddy and Hon’ble Mr. Justice M.R. Shah directed the Examination Centre to Provide an isolated room to the Student, suspected of COVID-19, for taking CLAT exam.
Brief Facts of the case- Rakesh Kumar Agarwalla Versus National Law School Of India University, Bengaluru, are-
The petitioner in the present case is a CLAT aspirant and holds a valid Admit Card for the exam. He submitted that at time of filing the petition, he is in isolation as he is suspected to be positive for COVID – 19. The petitioner further stated that he is in good health and wishes to appear for the exam that is scheduled for 28.09.2020.
He stated that as per his admit card if a student is symptomatic Covid-19 patient, then he will be allotted a separate room. However, the admit card also states that students who COVID-19 positive or are under medical supervision or isolation cannot appear for the CLAT exam.
The petitioner requested the Court that the exam Centre (ION Digital Zone IDZ Chitoura Road, Bhartiya Vidya Mandhir Shiksha Samiti, Gram Rai Chitoura Road, Morar, Gwalior, Madhya Pradesh – 474 006) should be directed to provide the student with an isolated room so that he can appear for the exam.
Order of the Court
The Court issued the following directions:-
- The Centre Superintendent should provide the student with an isolated room so that he can appear for the exam.
- The student should provide a copy of his admit card to the Centre Superintendent as early as possible.
- The Court directed the applicant that he should be the last to enter the exam centre and first to leave after the completion of the exam.
- The Court also directed the Centre Superintendent and Chief Medical Officer to provide medical staff at the centre in case a need arises.
Title:- Rakesh Kumar Agarwalla Versus National Law School Of India University, Bengaluru
Case No. Miscellaneous Application No.1790/2020 in W.P.(C) No(s).1030/2020
Date Of Order:- 28.09.2020
Quorum : Hon’ble Mr. Justice Ashok Bhushan Hon’ble Mr. Justice R. Subhash Reddy Hon’ble Mr. Justice M.R. Shah
Advocates :– For Petitioner : Ms. Garima Prashad, AOR Mr. Sumit Chander, Adv. Mr. Vinay Kumar, Adv. Mr. Abhishek Kumar, Adv. Ms. Divya Srivastava, Adv. ; For Respondent: Mr. K. Parameshwar, Adv.