Regarding Mal Administrative Practices of College.
5 years ago
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?
Ambrose Leo
Responded 5 years ago
Shreyash Mohta
Responded 5 years ago
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
Ambrose Leo
Responded 5 years ago
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.
Rameshwar Dadhe
Responded 5 years ago
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
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.