Final Moot Court Problem for X Semester Students

WAYNE VS. UNIVERSITY OF GOTHAM
Wayne was a final semester law student at the University of Gotham which is a
State University in the State of Gotham, a newly constituted state in the Sovereign
Democratic Republic of Krypton. He was one of the best students in his year who had won
several laurels in moot courts, debates and other competitions besides being the topper
in his class. He was also a natural athlete and being very good at sports, he was the
captain of the university’s cricket and kabaddi teams. In spite of all these achievements
and much to the appreciation of all that knew him, he was very humble and down to
earth. He also possessed in him a keen social spirit and was known to spend almost all his
free time working for any one of the several causes that he supported.
Over the course of five years as a law student, although he was constantly busy
with all the things he was involved in, he spent every holiday including the end of term
vacation interning with ERA (Equal Rights for All) a non-governmental organization
working to secure the rights of people belonging to the LGBT community. Wayne was
very committed to this cause in particular because of what happened with Kent.
Kent was Wayne’s cousin and more than that his best friend. A few years ago Kent
had openly acknowledged that he was a homosexual and had faced sever social ostracism
even from people in his own family, who refused to accept him. Eventually with the help
and support of a few friends including Wayne, Kent broke away from his family and had
decided to stay alone. However, he still had to face several problems, most of which arose
directly or indirectly, when people found out about him. As a result Kent became
distressed and withdrawn and was prone to bouts of depression and melancholy.
Eventually all this stress got the better of him when he had a run in with the police
when they raided a club known to be frequented by members of the LGBT community
and Kent was one of the people arrested. No one knew what really transpired when he
was in the lock up as Kent would not talk about it afterwards. However he went into the
longest period of depression, which ended with him committing suicide by hanging
himself in his room. He left a note blaming no one but himself and his “Condition” as he
described it, as a cause for his extreme step.
Wayne was distraught and felt extremely helpless and frustrated and for a long
time he could not come to terms with his best friend’s untimely demise. However, he
eventually found ERA and immediately realised this is what he should be dedicating his
time to. He worked relentlessly and was one of the fiercest advocates of the LGBT cause.
His fight was not just against the establishment but against society and world at large. As
one of the best volunteers of ERA Wayne showed his brilliance in devising ingenious
forms of protest, his schemes usually ending in huge publicity being generated towards
the cause, which most believed went far in educating if not sensitizing the people to the
issue of LGBT rights.
In his final semester Wayne as expected by all topped the class and when the
university announced the final rank list, he found out that he had been awarded the first
rank along with several medals and scholarships. He also received an invitation to attend
the annual convocation of the university where he would be awarded his certificates and
honours by the President of Krypton. Wayne thought that this was indeed a great
opportunity to further the cause to which he had pledged his support ever since Kent
died as the president was originally from a political party which was known to hold
conservative values, besides being a highly conservative leader himself. Even the current
government which the President was supposed to represent was against several of the
demands thet LGBT activists demanded.
On the day of the convocation, Wayne arrived and prepared as instructed.
However just as his name was called forth to receive the award, he walked up to the stage
and pulled off the Royal blue gown with the university’s crest on its back to reveal a
bright pink gown he was wearing underneath. He attempted to receive the certificate
dressed like this but was stopped to do so by university officials who dragged him out of
the hall. Wayne went quietly with them, but once outside he requested to be allowed to at
least speak on stage as he was the valedictorian which was denied to him. In the
meanwhile the President who was offended sought to leave the ceremony midway. But
the Vice Chancellor, Prof. Charles Xavier immediately took over the microphone and
publicly in front of the whole gathering, profusely apologised to the president and
assured him that the actions were Wayne’s alone and he would be kicked out of the
university without a degree, and so the program went on.
An enquiry committee was constituted and a notice was issued to Wayne to attend
the same. After a thorough enquiry which was strongly contested by both sides, Wayne’s
name was removed from the rolls of the university and all certificates and marks which
were awarded to him were withdrawn through an order of the three member enquiry
committee headed by the Vice Chancellor which termed his behaviour as gross
misconduct and went on to say that such behaviour was unbecoming of any student of
the university of Gotham and could not be tolerated. Wayne approached the honourable
High Court of Gotham seeking a writ under Article 226 of the Constitution of Krypton,
challenging the said order made by the University. The case is admitted and posted for
final arguments.
RULES
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The Constitution and all the laws of the Sovereign Democratic Republic of Krypton
are in pari materia with that of India and the High Court of Gotham are bound by
the decisions of the Indian Courts the same way in which any of the High Courts in
an Indian State would have been bound..
The students shall argue either on behalf of the Petitioner or the Respondent same
as they did in the previous moot.
On the date set aside for the oral rounds, the students shall submit a hand written
memorandum in accordance with the previous instructions.
The total number of pages shall not exceed 20.
The oral rounds shall be conducted on Monday, 25th May, 2015 at 9:30 AM.
The students shall submit on the same day, the completed and paper bound
volume consisting of all reports, assignments and certificates, including the
written submission for this final moot court.
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