Can CLAT paper be translated to other languages: Delhi HC to NTA

A division bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad said, “The petitioner is directed to implead the National Testing Agency as a respondent. Let court notice be issued to the NTA. The NTA shall file an affidavit categorically stating whether the question paper of CLAT can be translated in other languages…,” and listed the matter for hearing on September 15.

Seeking directions to conduct the exam in all languages listed in the Eighth Schedule of the Constitution, the petition, filed by advocates Sakshi Raghav and Akash Vajpai, contends that CLAT (UG) examination was violative of Article 14 and 29(2) as it “discriminates” and fails to provide a “level playing field” to those whose education is rooted in regional languages.

The counsel for the petitioner argued that even the Bar Council of Delhi (which conducts the All India Bar Examination) had supported the PIL. The Bar Council of India, in its reply, said holding CLAT in regional languages will give opportunities to more citizens to pursue law as a career. The All India Bar Examination (AIBE) is held in 23 languages, including English, Hindi and other regional languages, the BCI reply stated.

During the course of the hearing, the Consortium of National Law Universities, the executive committee of which conducts CLAT, submitted that the test was not restrictive but holding it in multiple languages was not a matter of simple translation. “This is not the manner in which testing in CLAT is considered,” the consortium said.The Union of India’s counsel said that NEET and CUET are conducted in 13 languages.

In its reply the consortium said that it was “actively engaging with the question of holding CLAT in scheduled language options, but the process is one that requires considerable planning and preparation, to avoid any grievances amongst the student community as to disparity in preparatory materials, failure to ensure parity in testing, and other issues which can compromise the integrity of the CLAT examination.”

The consortium has further said in its reply that it does not dispute the need to examine the issue more closely but that it will be highly premature for judicial intervention at this stage in the absence of any data to show that there is already a significant pool of students wanting to take the examination in the scheduled languages despite the medium of instruction at all NLUs being English.