Not possible to hold CLAT 2024 in regional languages; cannot compare CLAT with NEET and IIT-JEE: NLUs tell Delhi High Court

The Consortium of National Law Universities (NLUs) has informed the Delhi High Court that it is nearly impossible to hold the Common Law Admission Test (CLAT) 2024 in Hindi and other regional languages [Sudhanshu Pathak v. Consortium of National Law Universities through Secretary & Ors]..The Consortium has said that the test pattern and the language mode for CLAT 2024 – scheduled to be held in December 2023 – has already been announced and that many aspirants have started preparing for the same.“On the administrative side of the consortium, preparatory work of setting the paper/key, requisite contract of software technical support (OMR) etc. began in the month of February 2023 itself and are now in advanced stage of completion. Hence, the option for other scheduled options of language is a near impossibility for the 2024 CLAT to be held in December 2023,” the affidavit filed by the Consortium said..It was also contended that the CLAT exam cannot be compared with other qualifying and entrance examinations like UPSC, IIT-JEE and NEET, because these exams are on a much larger scale. Even then, these exams are not held in all the regional languages enumerated in the Eighth Schedule of the Constitution.“The Respondent No. 1 does not dispute the need to examine the issue more closely, and, as set out above, is actively doing so internally. However, in its humble submission, it would be highly premature for judicial intervention in this matter at this stage, especially absent any data to show that there is already a significant pool of students wanting to take the CLAT examination in the scheduled languages despite the medium of instruction at all NLUs being English only.”.The affidavit was filed in response to a Public Interest Litigation (PIL) filed by a law student named Sudhanshu Pathak demanding that CLAT 2024 be held in Hindi and other regional languages..The NLU body has stated that an expert committee has been constituted to examine the prospect of holding CLAT exams in Indian vernacular languages. However, this committee has identified substantive issues.One of the issues flagged by the committee is that English is the medium of instruction in the NLUs and that the Bar Council of India (BCI) Rules of Legal Education, 2008 make it mandatory that English should be the medium of instruction both in the five-year and the three-year law courses.“English is also a compulsory paper. The NLUs, in particular, prepare professionals to be proficient in English for practice in High Courts and Supreme Courts, which have English as the court language. Without exploring the feasibility of transitioning to teaching in the scheduled language options in National Law Universities [if permitted by the BCI] and its connection with the use of English as a Court language (in High Courts and the Supreme Court), an ad hoc measure of testing in scheduled languages is not advisable.” .The other procedural issues identified by the committee are: translation complexities in the subject of law; background material in regional languages for students’ preparation; software development; distribution of question papers across the country; financial implication of the process; institutional support system required to be built at NLUs for supporting students who have no exposure to English.The committee held its first meeting on June 25 and will now meet in the second week of July, when all these issues will be discussed, the NLUs told the Court..The Consortium further said that an advisory board headed by former Supreme Court judge, Justice Indu Malhotra has been constituted to advise the Governing Body and Executive Committee of the Consortium on improvement of legal education.“It is to be noted that the Advisory Board, together with the Governing Body and Executive Committee of Respondent No. 1 (consortium), will thereafter work together to navigate the substantive and procedural issues 11 collectively identified (both on the basis of the report of the Expert Committee as also from their own deliberations) to collectively arrive at the best solution and prepare a roadmap for expanding the reach of the CLAT.”.The petitioner in this case is represented by Advocates Sakshi Raghav and Annu.The Consortium is represented by Siddharth Aggarwal, Senior Advocate, and Keystone Partners Partner Arun Sri Kumar.