In an affidavit filed before the Delhi High Court, the National Testing Agency (NTA) has affirmed its capability to conduct the CLAT Examination in English as well as various other Indian languages. The NTA has assured that it can translate the CLAT-UG Question Papers into multiple Indian languages, including Assamese, Bengali, Gujarati, Hindi, Kannada, Malayalam, Marathi, Odia, Punjabi, Tamil, Telugu, and Urdu.

NTA has filed its response in the Public Interest Litigation seeking directions on the Consortium to conduct the CLAT (UG)-2024 (Common Law Admission Test), scheduled for December 2023, not only in English but also in all other regional languages listed in the Eighth Schedule of the Constitution of India.

Earlier, the Delhi High Court had directed the NTA to submit an affidavit explicitly stating whether it is feasible to translate the question papers for the Common Law Admission Test (CLAT) into other Indian languages. Additionally, the Court had asked the NTA to unequivocally clarify its ability to administer the CLAT Examination in both languages, considering that it is responsible for conducting the NEET (UG) Examination, NEET (PG) Examination, JEE Examination, and CUET Examination as well.

Clarifying the same, NTA submits that it has a pool of Experts and Translators in a wide range of Subjects for the preparation of Question Papers in multiple languages (including major Indian languages) and it is in the position to conduct the upcoming CLAT exam. "Hence, in principle, NTA would be in a position to conduct the CLAT Examination in English and other Indian Languages as mentioned above", reads the affidavit.

The affidavit also submits that "Accordingly, the Question Papers in respect of the Common Law Admission Test (CLAT) -UG can be translated into other Indian languages, such as Assamese, Bengali, Gujarati, Hindi, Kannada, Malayalam, Marathi, Odia, Punjabi, Tamil, Telugu, and Urdu and design/ printing the requisite OMR Answer Sheet in the required quantity depending upon the number of candidates to be scheduled for the said Test".

Further, it has been stated that the CLAT (UG) can also be conducted by NTA in Computer Based Test (CBT) mode, like JEE (Main) & CUET (UG), in consultation with the Consortium of NLU.

However, NTA states that CLAT (OG)-2024 could possibly be conducted sometime in the third or fourth week of January 2024, considering the minimum time of 04 (four) months required for development, moderation/ translation/proofreading/ vetting or validation of Question Paper, finalization of exam centres in major cities as per the past practice, movement of exam functionaries and materials to the exam cities/ centres and other pre-exam preparations.

The High Court has also been apprised in the affidavit that NTA is conducting Workshops for Test Developers/ Subject Experts in batches of 35 to 40 experts to develop Question Banks for its Examinations.

Recently, the BCI, in an affidavit filed, had expressed its willingness to organize the CLAT Exam. BCI had submitted that the CLAT Consortium, which is responsible for conducting the Common Law Admission Test (CLAT), lacks statutory recognition.

On the other hand, the CLAT Consortium had informed the High Court that at present it has decided against conducting CLAT 2024 in multiple languages due to the challenges and complexities they have identified. It was also submitted that CLAT Consortium simply does not have the capacity and wherewithal currently to immediately implement any additional language options, without compromising the quality and integrity of the competitive examination.

In the PIL filed by Sudhanshu Pathak, through the Advocates Sakshi Raghav and Akash Vajpai, it has been submitted that the present CLAT (UG) demands a high degree of proficiency in English rendering a disadvantage to students from non-English medium backgrounds. It is submitted in the petition that as per a 2013-14 year survey, 96.77% of the surveyed students came from English medium backgrounds which indicates that proficiency in the English language continues to be a major factor for gaining admission to a top NLU in the country and that CLAT (UG) discriminates against and fails to provide a level playing field to the students belonging to educational backgrounds rooted in regional languages.

The Court will now consider the matter on October 6, 2023.

Cause Title: Sudhanshu Pathak v. Consortium of National Law Universities & Ors [W.P.(C) 3132/2023]