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Karnataka High Court Order directing promotion of respondent (NLSIIU student) not to be treated as precedent: Supreme Court

Karnataka High Court Order directing promotion of respondent (NLSIIU student) not to be treated as precedent: Supreme Court

By Vanshika Sharma

Supreme Court in the case, National Law School of India University v. Hruday PB issued a notice on special leave petition filed by National Law School of India University (NLSIU) against Karnataka High Court’s order.

The respondent was denied promotion to the next academic year because of his failure in Child Rights Law. The student failed because of ALLEGED plagiarism in his project work.

Karnataka High Court on 20th November 2020 had put aside the order of NLSIU regarding the rejection of admission of law student to fourth-year BA LL.B.

A Bench of Justice Krishna S Dixit permitted the writ petition registered by Respondent and further instructed NLSIU to evaluate and allot the marks to the petitioner’s Project work.

The bench allowed him to carry forward the term dismissing the attendance shortage. The court clarified that the above instruction is for the petitioner only.

The respondent was granted ‘F Grade’ in the Child Rights Law examination reason being Alleged plagiarism in his project work.

Further, the University didn’t permit him to give Special Repeat Examination of the third trimester for promotion to fourth year.

Referring to Clause 4 of Regulation III of the BA LLB (Hons.) Academic and Examinations Regulations of 2009, the High Court stated, “There is absolutely no material on record to show that the subject teacher has found the evidence of plagiarism had referred the matter to the UGC Chairman in writing and had sent a written intimation to the student. The petitioner came to know of the alleged plagiarism only after inquiry with the Registry of the University when his exam result was not announced; this act of the University constitutes a grave error apparent on the face of the record.”

Court further stated the framing of plagiarism and quashed the decision of NLSIU.

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