Disha Panchal and Others vs Union of India the Secretary and Others

1.2 In the Chart, all the details including time availed, time lost, number of questions attempted, number of questions correctly answered, number of questions wrongly answered and the answering efficiency of the candidates are tabulated. The next columns give the notional figure as to how many questions he would have answered if there was no time loss and how many questions he would have rightly answered. These notional figures give statistically correct and appropriate formula to compensate for the loss of time. The figures gives the chart against the candidates showing that applying the normalization formula, where the candidate would be entitled to be placed at. [Para 9][24-A-C]

1.3 Since all the details regarding log in and log out times are available in respect of each of those 4690 candidates, it is possible to arrive at revised score applying such normalization formula in respect of said 4690 candidates. The normalization formula so suggested, in the circumstances, would be the best possible way to compensate and take care of the interest of those 4690 candidates. At the same time, it would also ensure that no prejudice is caused to rest of the candidates. The normalization formula proceeds on the basis of answering efficiency or capacity of a candidate to answer questions in given time and then applies his rate of success as a parameter. Normally, a candidate would first answer those questions, whose answers he is well aware of and leave out rest to be answered in the end. His success rate in the former part would certainly be greater, as compared to the latter. Since he would be given benefit at the same success rate, there would be no prejudice. It is true that repeated interruptions would cause mental stress and upset him. But that aspect as a factor is difficult to be translated in a quantifiable parameter. Given the circumstances, the normalization formula appears to be the correct and appropriate methodology. Therefore, the formula so suggested is accepted and the contention of outright cancellation of the entire test is rejected. [Para 10][24-D-H; 25-A]

1.4 Having considered the entirety of the matter, the following directions are given:

A). The exercise of applying normalization formula and revising the scores of 4690 candidates shall be completed by 15.06.2018. Respondent Nos.2 and 3 through its Convenor –Vice Chancellor, National University would undertake the entire exercise and complete it by 15.06.2018.

B). Upon completion of said exercise, the revised scores of 4690 candidates would be published by respondents 2 and 3 on the official website on 16.06.2018.

C). Based on such revised scores the merit list would be rearranged in terms of the suggestion given by the Committee. The revised position of the concerned candidate would be indicated by rank Nos.51A-51B.

D). The first round of counseling which began on 10.06.2018 would go on without any impediment and if any candidate is allocated a seat, such allocation will not in any way stand adversely altered as a result of revised position granted to any of the candidates from the body of 4690 candidates.

E). If any candidate from the body of 4690 candidates is otherwise entitled, that is to say even without the benefit of revised score, to be allocated any seat, it goes without saying that such allocation would not in any way stand adversely affected. F). In the second round of counseling the rank/merit list so prepared in terms of these directions would be the governing list and the seats in second and subsequent rounds of counseling would be allocated on the basis of the list so revised in pursuance of these directions.

G). If a candidate, as a result of revised rank list being operative in second and subsequent round of counseling wants to secure admission in any other college of his or her choice going by his or her revised ranking, he/she would be allowed to do so without incurring any disadvantage. In such cases, the fees if deposited in the first college shall be given due credit against the admission in the second college which the candidate may opt for as a result of revised ranking. [Para 12][25-C-H; 26-A-C]

1.5 The matter is dealt with only from the stand point of how best to compensate the candidates who lost valuable time while undergoing test. The way the examination was conducted is not satisfactory. The body which was given the task of conducting the examination was duty bound to ensure facilities of uninterrupted UPS and generator facility. The record indicates complete inadequacy on that point. Thus, the Union of India in the Ministry of Human Resources and Development is directed to appoint a Committee to look into the matter and take appropriate remedial measures including penal action, if any, against the body which was entrusted with the task. The Committee so constituted shall also look into the aspect of having completely satisfactory arrangements in future so that no such instances are repeated or reoccur in coming years. It is observed that the idea of entrusting the task of monitoring the conduct of entire examination to different Law Universities every year also needs to be re-visited. The agreement with the examination conducting body, which was placed on record indicates that as against the amount made over to such examination conducting body, the fees charged from the candidates are far in excess. The Committee would bestow consideration to all these aspects after having inputs from such sources as it may deem appropriate including Bar Council of India and make a detailed report to this Court within the stipulate period. The High Courts are requested to dispose of the pending matters raising challenge in respect of CLAT 2018, in the light of the directions. [Paras 13, 14][26-D-H]