DR.

RAM MANOHAR LOHIYA NATIONAL LAW UNIVERSITY, LUCKNOW

MOOT COURT COMMITTEE

NAVITAS, 2019

MOOT PROPOSITION

In the Hon’ble Supreme Court of Aryavarta

No Right to Reservation (NRR)

v.

Republic of Aryavarta

ALONGWITH

RP Garg Hospital

v.

Mr. Shyam Singh

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1. The Republic of Aryavarta is a peninsula situated in South Asia. The nation attained independence
in 1947 and the Constitution was adopted in the year 1950. The country has federal form of government
with a strong Centre. The Constitution of Aryavarta is the longest written Constitution of the world
and is known for the great value accorded to the Fundamental Rights of the citizens. Supreme Court,
the Apex Court of Aryavarta is considered to be a conscious guardian of the Constitution.

2. The Constitution of Aryavarta, guarantees equal opportunities and a level playing ground for the
people regardless of their religion, race, caste, sex and place of birth. However, there prevails a wide
gender disparity in senior positions in the legal profession. According to the enrolments of the National
Premier Law Schools, the male and female students constitute 58% and 42% respectively and the ratio
in the practicing legal advocates is almost the same, but only one out of twenty-one female advocates
in Aryavarta is designated as Senior Advocate. Moreover, Aryavarta has never had a female Judge
presiding as the Chief Justice of the Supreme Court.

3. Sanyukta Pranta is the most populated state in Aryavarta and is regarded as “Political Hub” of the
country. In the month of May, 2019, elections were held for the post of Chairman of Sanyukta Pranta
Bar Council Association (SBCA). In this election, Ms. Agathe emerged victorious and became the first
women to be the President of SBCA. Her victory in the elections was hailed by the female advocates
as a pathbreaking development in empowerment of women in the legal profession. However, Purush
Adhivakta Samajik Mandal, a group consisting of only male advocates came forward and alleged that
Ms. Agathe had resorted to illegitimate means to win the election. They even produced a video clip in
which she can be seen giving money to the voters in consideration for their vote to her in the SBCA
elections. The clip went viral within no time after it surfaced and was immediately followed by the
protests led by the Purush Adhivakta Samajik Mandal demanding reconduct of SBCA elections for the
post of President.

4. On 28 May, 2019, the sworn-in ceremony of Ms. Agathe was organized in Nawabia, the capital city
of Sanyukta Pranta. While she was taking oath, she was shot twice at point blank range by her own
colleague Mr. Jolly, who subsequently shot himself after the mob started assaulting him. Ms. Agathe
died on the spot and Mr. Jolly was rescued from the mob and admitted to nearest hospital. The FIR
registered in the case hints that acrimony between the two has led to the unfortunate incident. Early in
the investigation, it was revealed that in the last three months, there were frequent calls made by Mr.
Jolly to Ms. Agathe and Mr. Jolly was in touch with a member of Purush Adhivakta Samajik Mandal.
The elder sister of Ms. Agathe also came forward and disclosed to the media that there were disputes
between Agathe and Jolly as Agathe was in relationship with “a man” from higher political order.

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5. After the incident, lady advocates in the state demanded that representation of the women be
increased in the Bar Council for a better redressal of the problems concerning women in the profession.
Consequently, to pacify the sentiments of the lady advocates the Bar Councils of Aryavarta in the
exercise of its power under Section 49 (ab) of Advocates Act, 1961 made amendment in the Bar
Council of India Rules providing for 30% reservation to women in total posts of State Bar Councils.
This step was welcomed by an overwhelming faction of the legal profession as a step to empower the
women legal practitioners by ensuring their representation in the Bar Association of the state.
However, a faction of practitioners protested against the move and alleged it to be arbitrary and lacking
any objective as the ratio of male advocates to female advocates in the profession is progressive and
higher than the other departments. The male to female gender ratio in legal practitioners and law
students in National Premier Law Schools is approximately 55:45. Meanwhile, a Writ Petition under
Article 32 of the Constitution was filed by an NGO, “No Right to Reservation” challenging the
reservation granted to the women in the elections to the Bar Council Associations on the ground that
such benefit conferred is arbitrary, lacks any objective and therefore violates the Right to Equality
granted under the Constitution of Aryavarta.

6. Meanwhile, a freelance journalist, Mr. Prakash Shinde posted a news on his social media account
with the headline: “Breaking News: Our Brahmachari Chief Minister is in a relationship with Ms.
Agathe”. The news stated that the person from the higher political order with whom Ms. Agathe was
in a relationship is none other than the Chief Minister of Sanyukta Pranta (who is presented as a celibate
by his political party) and as a gratification, he had helped her by resources available at his disposal to
win the Bar Council elections. On the same day, Mr. Prakash was arrested on the ground of defaming
the Chief Minister. Mr. Prakash filed a Writ Petition in the Supreme Court arguing that the case of
defamation filed against him is a violation of his freedom of speech and expression guaranteed under
Article 19(1)(a) of the Constitution of Aryavarta.

7. Mr. Jolly had been admitted to a private hospital, namely RP Garg Hospital, as he had suffered
various injuries including fractures as a consequence of attack by the mob present at the sworn-in
ceremony. At the outset, the doctors had informed the family of Mr. Jolly that his condition is critical
and the chances of his survival are rather bleak. Also, the doctors advised the family of Mr. Jolly to
take him to Sanyukta Pranta Medical College (a government run hospital) which was situated in the
same city as his condition was critical and they fear that proper medication could not be given to him
in their hospital. However, the family declined to do so out of the apprehension that he will be killed
if he was admitted in a government run hospital as the victim of the crime committed by him was in a
relationship with a person from higher political order and therefore the government machinery can be
used to kill him. Consequently, the doctors of RP Garg hospital started the treatment of Mr. Jolly. They
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carried out the usual treatment required by a person in his condition. It had been one month since Mr.
Jolly was bedridden. As a result of it, he started developing bed sores. The doctors took various
precautions to prevent the further development of bed sores. They kept changing the position of Mr.
Jolly in every 2-3 hours and his wounds were dressed properly but the hospital was unable to provide
him with water or pressure relief mattresses. He could not be positioned laterally due to his head
injuries. Mr. Jolly developed certain complications and as a result died. The post mortem report of Mr.
Jolly disclosed that one of the reasons of his death was the infections in bed sores.

8. The family members of Mr. Jolly were enraged and lodged a attack on a junior doctor with a rod,
breaking his skull. The father of Mr. Jolly; Mr. Shyam Singh filed a case of medical negligence against
the R P Garg Hospital in the State Consumer Dispute Redressal Forum. The State Consumer Dispute
Redressal Forum decided in favour of the hospital. So, Mr. Shyam Singh filed an appeal before the
National Consumer Redressal Forum which overturned the decision. Afterwards, an appeal was filed
by the RP Garg Hospital in the Supreme Court.

9. The Hon’ble Supreme Court of Aryavarta has clubbed two Writ Petitions and appeal of Mr. Shyam
Singh together and has decided to hear the case on merits to decide the following issues:

A. Whether the reservation granted by the Central Government to women in the posts of
State Bar Council Associations of Aryavarta is violative of Right to Equality granted
under Article 14 of the Constitution of Aryavarta?
B. Whether the arrest of Mr. Prakash for the publication of said news on his social media
account is a violation of his Freedom of Speech and Expression provided in the
Constitution of Aryavarta?
C. Whether the RP Garg Hospital is liable for tort of medical negligence?

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NOTE TO THE PARTICIPANTS

The laws of Aryavarta are pari materia to that of India.

This Moot Problem has been drafted by Ms. Deeksha Gupta and Mr. Anubhav Bijalwan,
from the batch of 2021. Any attempt to contact the problem drafters shall result in
immediate disqualification

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