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Q.Regarding Mal Administrative Practices of College.

Q. Regarding Mal Administrative Practices of College.

Hi,
I am a law student and wants to take part in moot court competition but my college has arbitrarily made this rule that only students who are members of Moot Court Society can take part in moot competitions and not others. Amount in the name of moot court fees is being deducted from our fees every semester.
There was no such rule before this year, I myself not being a member of Moot court society has taken part in moot court competition but now they have made this rule that you can't go as speaker since you are not a part of society without issuing any formal notice.
Can I get Order from court to direct them to conduct an audition for the competition and give me a fair chance?

Showing 7 of 7 Responses

A. Your college authority will not help,better to take up through university autorities to intervene & direct the college authorities for quick remidy.

Ambrose Leo

Experience: 9 Year(s)

Responded 1 week ago

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A. Hello Sir,
As per your Query, Yes, you can bring an order from the court and challenge the rules & regulations formed by your university.
But in my opinion, before doing so please do have a talk with the authorities of the college as to why has such a rule been made which never existed before. If the reason is genuine & you understand the concept then it is okay.
As far as deduction of fees in the name of moot court is concerned. You can definitely go & have a talk with the higher administrative authorities for the same. Also if required issue a notice for such wrongful deductions. Your college is has its own rules & regulations which the students must obey & follow. However if the rules become such that the basic education rights of the students are being taken away, the students have all the rights to complain.
However, the complain should go from a lower to higher basis.

In my opinion, talk to the college authorities about the problem. If still it does not get sorted talk to the higher authorities & talk to them in writing. send them complains about the same in writing & see do they take any action.
If the college does not respond within a reasonable time you can move the court of law for your rights OR else you may even file a writ petition in the high court seeking remedy.

Why do I not opine of directly jumping to courts is only that even the court will ask you did you try to resolve your complains within the college and faculty provided. It is only when you can prove that the college did nothing & you are forced to come to the court is when the court will be satisfied.

Hope this helped.
Thanking You.
Shreyash Mohta

Shreyash Mohta

Experience: 1 Year(s)

Responded 1 week ago

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Anonymous

Replied 1 week ago

Hello Sir,

I have asked my Professor in Charge of my college via mail no reply from him, i also asked head of Moot Court Committee she said orally and no whatsapp that rules are same and they are yet to be made (means they dono have any compendium) but you will not get chance for even audition.
The chain of events started when I along with my friend applied for GNLU moot, they initially said you can go then changed their stand that you van not, then after political pressure said you can go but only as researcher and not speaker and even promised me that auditions will be conducted, but later that week I came to know they have send one team to GNLU without informing me, without any audition.

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Shreyash Mohta

Experience: 1 Year(s)

Replied 1 week ago

Well in that case as you have approached the authorities and they have done nothing about it. You have all the rights to go to the courts and seek the remedy as moot court in invariably a very important aspect of a law students life.

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Anonymous

Replied 1 week ago

Hi,
Will you be interested in helping me out in this case?

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Shreyash Mohta

Experience: 1 Year(s)

Replied 1 week ago

Sir, please contact vidhikarya regarding the same. You can however consult any lawyer you feel like from this portal. There are options to consult us & you can always avail that.

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A. Moot court is not only part of the sylabus, it ia also a requirement for your membership in the bar council if you contemplate to register & practice and it is integral part of your future practice in High Court, you can take up the issue with your law faculty dean/member of senate or the VC as the case and last resort to bring order of the court.

Ambrose Leo

Experience: 9 Year(s)

Responded 1 week ago

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Anonymous

Replied 1 week ago

Sir,

I have asked my college professor in charge and even mailed BCI regarding if there are any rules with respect to taking participation in moot competition but received no reply neither from BCI nor from professor in charge.

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A. Dear Sir
You might be knowing that any student
challenging the Rules COLLEGE or University are being victimised and see that you never get Law Degree.
Moreover such moot courts are waste exercise except scoring some marks. After becoming full fledged Advocate you can start fighting against such scrupulous instructions.

Kishan Dutt Kalaskar Retired Judge

Experience: 33 Year(s)

Responded 1 week ago

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A. First u should ask about it to the concerne department of any such rules then no issues . If nothing any rules . Then u can file complaint against them

Rameshwar Dadhe

Experience: 2 Year(s)

Responded 1 week ago

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A. Dear Student,
You have the right to go to the Court of law.
On the other hand look at the things from a different perspective.
College has done some restrictions must be with some causes.If you are not satisfied with the causes then you have the right to go to the Court of law to get justice.
It is up to you to decide what to do next.
Shanti Ranjan Behera
Advocate

Shanti Ranjan Behera

Experience: 22 Year(s)

Responded 1 week ago

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A. Look an institution can formulate its own rules and policies to administer and manage the state of affairs. It is an internal matter for an institution to make rules for such societies and allow or bar the students as per the rule. Having said that lets try to stretch this situation more from legal rights point of view.

1. Since you all are being made to pay fee in the name of the moot court then certainly not allowing you to participate is an omission on the part of the college it can be challenged.

2. For a law college and law students moot court is as integral as chemistry labs for a chemistry students. So, if the college is not allowing all students who are interested, to participate then it is gross flaw in the system.

Basis the above two reasons you can approach the Dean of the University to which your college is affiliated and give a formal representation. If nothing happens then file a suit in lower court or else file a writ petition in High Court.
I would also suggest that you yourself represent your case in the court by taking help of some senior Advocate.

Abhimanyu Shandilya

Experience: 14 Year(s)

Responded 1 week ago

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