भगवत ेन्याय दशे ाय च Jogesh Chandra Chaudhuri Law College Students’ Union Organizes nd 2 B. R. Ambedkar National Moot Court Competition, 2018 About the Competition Jogesh Chandra Chadhuri Law College believes that the impeccability of the diction of a law student weighs more in comparison to the valuation of depictions by ink and paper. Keeping that morality as precedent we, the Students’ Union organize an annual Moot Court Competition to bring the competence of all the colleges nationwide under a roof. Our institution, bearing its name before the eminent personality Jogesh Chandra Chaudhuri was constructed by Late Ranadeb Chaudhuri and his family members in 1970 in affiliation with the Calcutta University. The institution is being graced by the contributions of its alumnus Smt. Mamata Banerjee, Hon’ble Chief Minister of West Bengal. The institution is fortunate to have been able to contribute to the legal realm of the country through the works of its notable alumni- Hon’ble Justice Bhaskar Bhattacharya, Hon’ble Justice Pranab Kumar Chatterjee, Justice Jayanta Kumar Biswas, Justice Ashok Kumar Dasadhikary and Justice Mir Dara Seko. The 1st edition of the moot court competition was organized in the year 2017 where 16 colleges consisting 3 local colleges of the State, 12 national and private colleges from the other States and 1 college from the neighbouring country- Bangladesh. Upon the acute colloquy of a panel of 9 judges for the preliminary and semi-final rounds 4 teams succeeded in securing their positions for the Final Round. The Final day of the competition was judged by Hon’ble Justice Acting Chief Nishita Mhatre, Mr. Kishore Datta. Learned Advocate General of West Bengal and Sri Kalyan Bandhophadyay, Learned Senior Advocate & Hon’ble Member of Parliament (Lok Sabha) and ennobled one team as the Winner after an hour of nail biting argumentation between both the teams. Therefore, for the 2nd edition we are stoked for provided bigger podium for the worthy competition among the institutions nationwide. In addition to that commemorating the beginning of the 150 Years of Mahatma Gandhi’s Birth Anniversary, we have decided to award a special category prize for overall performance, i. e. ‘The Barrister who changed the World’. Schedule on the Slate Last Date for Registration of the Wednesday, 7th November, 2018 Teams of the Institutions (23:59 Hours IST) Last Date for submission of soft copy Monday, 12th November, 2018 of Memorial (23:59 Hours IST) Jogesh Chandra Chaudhuri Law College Students’ Union 2nd B. R. Ambedkar National Moot Court Competition Date of Competition 15th, 16th & 17th November, 2018 Valediction and Awards Distribution Saturday, 17th November, 2018 (Time to be declared) NB: The Organizing Committee might change the dates if and only if due to occurrence of any serious and critical emergencies. Canons & Rules 1. DATE: The 2nd B. R. Ambedkar National Moot Court Competition, 2018 which has been organized by Jogesh Chandra Chaudhuri Law College, Students’ Union will be held between 15th and 17th November 2018. 2. VENUE: All the participants shall report at Jogesh Chandra Chaudhuri Law College (33, Prince Anwar Shah Road, Kolkata- 700 033, Landmark: near Navina Cinema Hall) 3. ELIGIBILITY: Students pursuing the three or five year courses of the LL.B. Degree in the academic year 2018-2019 from any University is eligible to participate. 4. TEAM COMPOSITION: Any Institution shall be entitled to send only one team to the Competition. The participating team shall comprise of a three members, two as the Speakers and one as the Researcher. Any other additional member of such team shall not be permitted for any such participation in the Competition. Any alteration/change in the names of the team members shall be intimated in a written application to the Organizing Committee via e-mail at [email protected] addressing to the Organizing Committee positively by Wednesday, 7th November, 2018 (23:59 Hours IST). 5. LANGUAGE: The Official Language of the Competition shall be English 6. DRESS CODE: The participating team members shall be dressed in black and white formals for the Competition. Men: Shirt and Trousers, Coat and Tie Women: Shirt and Trousers, Salwar-kameez, kurti or knee-length skirts. 7. REGISTRATION: 7.1. The Teams of the Institutions shall register themselves by sending a scanned copy of the filled Registration Form via e-mail to [email protected] by Wednesday, 7th November, 2018 (23:59 Hours IST). The hard copy of the duly Page 2 of 16 Jogesh Chandra Chaudhuri Law College Students’ Union 2nd B. R. Ambedkar National Moot Court Competition filled Registration Form shall be submitted on the date of competition 15th November,2018 to the Organizing Committee upon arrival at the College Campus at 8:30 AM 7.2. No registrations will be entertained after Wednesday, 7th November, 2018 (23:59 Hours IST) and thus will be cancelled by the Organizing College. 8. REGISTRATION FEE: 8.1. The Registration fee is Rs. 300/ team. 8.2. Participating Teams will make the payment on the date of the competition 15th November, 2018 to the Organizing Committee upon arrival at the College Campus at 8:30 AM. 9. COMPETITION FORMAT: The competition is structured as the following format: (1) Qualifying Rounds and (2) Final Round 10. MEMORIALS 10.1. Teams have to prepare memorials for both the sides- Petitioner and Respondent. 10.2. The teams shall send one soft copy of both the Memorials (in PDF format) by mailing at [email protected] with subject as “Memorials of College Name……” 10.3. The Memorials for both the parties – Petitioner and Respondent shall be sent in only two different files and not multiple files. Violation of this will lead to disqualification of such team. 10.4. Two hard copies for each side of the Memorial must be submitted on 15th November, 2018 to the Organizers at the time of submitting Registration Form and fee at 8:30 A.M. 10.5. The hard copies must be identical to the soft copy. 10.6. Violation to this rule would result in disqualification of such team. 11. FORMAT OF MEMORIALS: 11.1. The Memorials shall consist of only and one and only the following mentioned sections: Cover Page Table of Contents List of Abbreviations Index of Authorities Statement of Jurisdiction Page 3 of 16 Jogesh Chandra Chaudhuri Law College Students’ Union 2nd B. R. Ambedkar National Moot Court Competition List of Dates Statement of Facts (not exceeding 4 pages) Arguments Presented Summary of Arguments (not exceeding 3 pages) Arguments Advanced (not exceeding 20 pages) Prayer 11.2. The Cover page of the Memorials must contain: i. The Code allotted to the Participating Colleges, by the Organizers, shall be mentioned at the upper right corner of the Cover Page. ii. The name of the Competition: (2nd B. R. Ambedkar National Moot Court Competition, 2018) iii. The name of the Court iv. Name of parties and their status in the middle of the page v. Memorial Filed on Behalf of just below the name of the parties vi. The word ‘Petitioner’ must be written and printed in RED, Font size- 14, Bold vii. The word ‘Respondent’ must be written and printed in PURPLE, Font size- 14, Bold viii. The relevant legal provisions under which it is filed on the lower right corner 11.3. The Memorials must be printed on A4 size paper, with the following mandatory clauses: i. Font: Bookman Old Style ii. Font Size: 12 iii. Font Color: Black iv. Line Spacing: 1.5 v. Alignment: Justified vi. Margins: 1.5 inch on each side vii. Footnotes (if required): Bookman Old Style, Font size: 10, single line spacing viii. Pagination: upper center of each page 11.4. Scores of the Memorials shall be 100 marks. The evaluation of following criteria is as follows: i. Knowledge of Law and Fact: 30 Marks ii. Proper and articulate analysis: 20 Marks iii. Extent and Use of Research: 15 Marks iv. Presentation and Organization: 15 Mark v. Novelty of arguments: 10 marks Page 4 of 16 Jogesh Chandra Chaudhuri Law College Students’ Union 2nd B. R. Ambedkar National Moot Court Competition vi. Grammar and Style: 10 Marks 11.5. The Memorial shall be in spiral binding or hard bound. 12. ORAL SUBMISSIONS: 12.1. The time split between the Speakers must be communicated to the Court Bailiff before the commencement of each round. 12.2. Team scores will not be revealed after every round. Teams must not make any attempts to gather such information, until notified. 12.3. No electronic gadgets can be used while proceeding 12.4. Evaluation shall be done in following ways: - i. Knowledge of Law: 20 Marks ii. Application of Law to Facts: 20 Marks iii. Ingenuity and Ability to Answer Questions: 20 Marks iv. Style, Poise, Courtesy, Demeanor: 20 Marks v. Time Management and Organization: 10 Marks vi. Effective Rebuttals: 10 Marks 13. PRELIMINARY ROUND: 13.1. Time limit: 10 minutes for each team. This shall include submissions of both the Speakers form the team 13.2. Rebuttals: 5 minutes for each team. No sure-rebuttals shall be allowed. 14. FINAL ROUND: 14.1. Final Round will be between two qualified teams 14.2. Time limit: 20 minutes for each team. This shall include submissions of both the Speakers form the team 14.3. Rebuttals: 5 minutes for each team. Sur-rebuttals may be allowed. 15. RESEARCHER’S TEST: 15.1. The Test shall take place on the College Campus before the commencement of Oral Submissions. 15.2. The test will only be given by the Researcher of the team. 15.3. A speaker can take the Researcher Test only in the absence of the Researcher. 15.4. Evaluation will be on the basis of: i. Grammar: 10 marks ii. Representation: 5 marks iii. Neatness: 5 marks Page 5 of 16 Jogesh Chandra Chaudhuri Law College Students’ Union 2nd B. R. Ambedkar National Moot Court Competition iv. Knowledge of Law: 10 marks 16. SCOUTING: No member of any team will be permitted to hear the arguments in any court room in which that team is not one of the contesting teams whilst that team is still in the competition. Scouting by any team in any manner shall result in instant disqualification. 17. AWARDS: Winning Team: Medals, certificates and a gift 1st Runner up: Medals and certificates 2ndRunner up: Medals and certificates Best Memorial: Medal and certificate Best Speaker: Medal and certificate Best Researcher: Medal and certificate 18. ANONIMITY: 18.1. The teams will be provided with a code through which they will only disclose to the Organizing Committee at the time of submission of memorials and registration form and fee. 18.2. The teams shall in no way disclose their identities during the entire competition to any other institution. Violation to this will lead to disqualification. 18.3. The decision of the Organizing Committee will be final. 19. MISCELLANEOUS: 19.1. The decision of judges will be final and binding on all the participants with regard to the outcome of the entire round. 19.2. Clarifications (if any) regarding Moot Competition will be sought through e- mail: [email protected]. 19.3. The organizing committee shall have the sole discretion to assess penalties or disqualify teams for failing in abiding by any of the following rules. 19.4. Registration fee paid are non-refundable. 19.5. The Organizing Committee reserves the right to amend, alter, vary or change, in any manner whatsoever, the Rules governing the Competition, which would be communicated to the teams within a reasonable period of time 19.6. All the decisions of the Organizing Committee regarding Rule interpretations are final. 19.7. Accommodation and food shall be provided by the Organizers. XXXXXXXXXXXX Page 6 of 16 Jogesh Chandra Chaudhuri Law College Students’ Union 2nd B. R. Ambedkar National Moot Court Competition Disclaimer regarding Moot Problem The facts and circumstances as made out in the Moot Problem of the 2nd B. R. Ambedkar National Moot Court Competition does not resemble the facts of any living and/or adjudicated litigation. Further, the characters created in the veil of the facts and circumstances of the Moot Problem do not resemble any person dead or alive. If any resemblance is so found the same is pure coincidence and not intentional. However, if any person finds that similar set of facts and circumstances prevails in any institution of higher education, it is the moral and fundamental responsibility / duty of the said person to take steps in accordance with law to eradicate illegality and under-qualification from the said institution at once. The instant Moot Problem is framed to ensure that the Law Students gets an academic approach and takes advantage of Clinical Method of learning of implementation of laws. It is essential that a Law Student get an opportunity to look into a legal problem with a 360-degree view. Moot Problem 1. In 1956, the University Regulatory Commission Act was enacted. Under Section 4 of the Act of 1956, the University Regulatory Commission (URC) was established. With the passage of time, despite education being in the Concurrent List of the Constitution, the said Commission turned out to be the supreme superintending body as far as determining policy and standard of higher education in India is concerned. The URC for the purpose of maintaining standard of higher education introduced the URC Regulations, 1991 laying down, “Minimum Qualification for Appointment of Teachers in Universities & Colleges”. The said URC Regulations came into force on 19th September 1991. Subsequently, on 24th December 1998; the said Commission revised the URC Regulations, 1991 and published the URC Regulations, 1998 on “Revision of Pay Scales, Minimum Qualification for Appointment of Teachers in Universities, Colleges & other measures for the Maintenance of Standards”. The said URC Regulations, enforced time to time, laid down the minimum requisite qualifications for appointment of principal and teachers of colleges/institutions of higher education. 2. Schedule I of the URC (Qualifications required of a person to be appointed to the teaching staff of the University and institutions affiliated to it) Regulations, 1991 prescribes the ‘Minimum qualifications for the posts of Professors, Readers and Lecturers in Subjects other than Fine Arts, Management, Engineering and Technology in Universities or Colleges for appointment of persons through open Page 7 of 16 Jogesh Chandra Chaudhuri Law College Students’ Union 2nd B. R. Ambedkar National Moot Court Competition advertisement and for promotion' of persons as Reader and placement in Selection Grade Lecturer and Senior Scale Lecturer’. “Principal: Master’s Degree with at least 55% of marks or equivalent grade in the relevant subject from an Indian University or an equivalent degree from a foreign University, Doctor of Philosophy (Ph.D.) or equivalent qualification and total experience of 10 years of teaching / research in Universities / Colleges and other institutions of higher education. Lecturer (in Arts, Sciences, Social Sciences, Commerce, Education, Physical Education, Foreign Language and Law): Good academic record with at least 55% marks or an equivalent grade at Master's degree level in the relevant subject from an Indian University or an equivalent degree from a foreign University. Candidates besides fulfilling the above qualifications should have cleared the eligibility test for lecturers conducted by URC, CSIR or similar test accredited by the URC.” 3. The URC Regulations for Revision of Pay Scales, Minimum Qualification for Appointment of Teachers in Universities, Colleges & other measures for the Maintenance of Standards, 1998 amended the requisite qualification for appointment of Principal and Lecturers in Colleges and the same is as follows: “Principal (Professor-Grade): A Master’s Degree with at least 55% of marks or equivalent in grade of B in 7-point scale with latter grades, O, A, B, C, D, E and F, Doctor of Philosophy (Ph.D.) or equivalent qualification and total experience of 15 years of teaching / research in Universities / Colleges and other institutions of higher education. Principal (Reader-Grade): A Master’s Degree with at least 55% of marks or equivalent in grade of B in 7-point scale with latter grades, O, A, B, C, D, E and F, Doctor of Philosophy (Ph.D.) or equivalent qualification and total experience of 10 years of teaching / research in Universities / Colleges and other institutions of higher education. Lecturer (in Arts, Sciences, Social Sciences, Commerce, Education, Physical Education, Foreign Language and Law): Good academic record with at least 55% marks or, an equivalent in grade of B in 7-point scale with latter grades, O, A, B, C, D, E and F at the Master’s degree level, in the relevant subject from an Indian University or an equivalent degree from a foreign University. Besides fulfilling the Page 8 of 16 Jogesh Chandra Chaudhuri Law College Students’ Union 2nd B. R. Ambedkar National Moot Court Competition above qualifications, candidates should have cleared the eligibility test (NET) for lecturers conducted by URC, CSIR or similar test accredited by the URC.” 4. In March, 2000, the URC further introduced the “URC Regulations on Minimum Qualifications for Appointment and Career Advancement of Lecturers, Readers and Professors in the Universities and Colleges” and the same was circulated to all concerned vide Memo dated 4th April 2000. In terms of the said URC Regulations, 2000, the qualification for appointment of Principal remain unchanged, however the following words were added with the requisite qualifications for Lecturer in Law, besides other subjects: “Note: National Eligibility Test (NET) shall remain the compulsory requirement for appointment as Lecturer even for candidates having Doctor of Philosophy (Ph.D.) Degree. However, the candidate who has completed M.Phil. Degree or have submitted Doctor of Philosophy (Ph.D.) thesis in the concerned subject up to 31st December, 1993, are exempted from appearing in the NET examination.” 5. The State of West Land is a province within the territory of the Union of India where in the Constitution of India as well as all other laws, thereto, are enforced. Hon’ble Supreme Court of India has every jurisdiction under the Constitution over the State of West Land identically to that of any State within the Union. Calipattu is the capital of the State of West Land and the Hon’ble High Court at Calipattu is the High Court for the State of West Land established under Chapter V of the Constitution of India. 6. In 1978, the Government of West Land for making provisions for regular payment of salaries to persons employed in West Land and matters connected therewith, enacted the West Land Non-Government Colleges (Payment of Salaries) Act, 1978. By the virtue of the said Act of 1978, the Government of West Land was empowered to extend financial aid to Non-Government Colleges and bring them under the “Salary Packet Scheme”. The ‘University of Calipattu’ is the oldest University in West Land and has been reconstituted under the Calipattu University Act, 1979. In terms of the University Act of 1979, the Calipattu University First Statutes, 1979 came in effect laying down certain rules and regulations, specifically relating to the administration and governance of the Colleges affiliated under the University of Calipattu. Page 9 of 16 Jogesh Chandra Chaudhuri Law College Students’ Union 2nd B. R. Ambedkar National Moot Court Competition 7. Janaki Chaturvedi Memorial Law College (herein after referred to as the said College) was a Private-Trust Managed Law College. Since establishment, the said College was affiliated under the University of Calipattu. The Secretary of the said Governing Body was Sri Jasbeer Chaturvedi, Bar-at-Law. The Governing Body of the said Private-Trust Managed College, on 7th June 1998, created certain substantive administrative and teaching posts, viz. one whole-time Principal and five whole-time teachers in law. Subsequently, an advertisement was published in ‘The Newspaper’ on 23rd June 1998 inviting applications for filling up the said declared vacancies. In the said advertisement dated 23rd June 1998, the required qualifications laid down for the post of Principal and whole-time Teachers in Law is as follows: “I. For Principal – Consistently good academic record preferably with an LL.M. Degree of a recognized University with B+. Age 55 years and below. At least 10 years legal experience with adequate command over English language. Salary: Rs. 4,500 per month plus usual College DA. II. For Teachers – Good academic record preferably with an LL.M. Degree of a recognized University with B+. Age 35 years and below. At least 5 years legal experience with adequate command over English language. Salary: Rs. 3,500 per month plus usual College DA. Applications with name and address and other details to reach the Secretary of the College at 34, M. G. Road, Calipattu, PIN: C00 019, latest by 4th July, 1998.” 8. Pursuant to the said advertisement dated 23rd June 1998, the Selection Committee of the College, on 16th July 1998, recommended the name of Dr. Mainak Bharadhwaj for the post of Principal whereas the name of Smt. Sugandha (Bharadhwaj) Ghorpade and one Sri Suresh Rai were recommended for the post of Whole-time Lecturers in Law. In terms of the said recommendation by the Selection Committee, Sri Jasbeer Chaturvedi, the then Secretary of the Governing Body, issued appointment letters dated 21st July 1998 to the recommended Principal and teachers. Accordingly, Dr. Mainak Bharadhwaj, Smt. Sugandha (Bharadhwaj) Ghorpade and Sri Suresh Rai joined the said College on and from 1st August 1998 on probation for a year. Page 10 of 16