GOKHALE EDUCATION SOCIETY'S W COLLEGE At hereon LL ee iii rah tebniaee foment 1" STATE LEVEL ST a Rete TT lolol tat amen vari 3 STH & 10TH FEBRUARY 202uU. 2 ee ay De erate Meee x cen ee eee Crecente rites eet erRules and Regulations of Moot Court Competition Ge OF THE COMPETITION: 5 age of the competition shall be English. aj : The fe eroriicompendim) shall strictly be in English ‘Ocument sul ELIGIBILITY: 2 dents who are studying LLB three year or five-year course are oie x poricpete inthe competition. Only one team can participate from one institution/college b. Only COMPOSITION: x ee aaoostna team may either consist of Two (2) or Three (3) Members jn, the following manner: Speaker 1 ~ Speaker 2 + Researcher b. In a team of Two (2), one of the Speaker himself/herself shall be the . researcher. In such case, the participating team must mention the same during the Registration Process. ‘Allmembers of the team must belong to the same College. |. Once registered, it will not be permitted to vary the composition of the team in any manner (change of members/roles). Changes may be accepted in exceptional circumstances at the discretion of the organizing committee if due reason is shown for the same. In the team of Three (3), there shall be 2 speakers and 1 researcher designated for each team. The researcher shall be allowed to argue with prior permission of the court and Convener of the Moot Court Committee, in case of illness or any such valid circumstances of the either of the designated speaker. Each team will be provided with a team code during orientation. Teams should not disclose the identity of their Institution / College. Such disclosure shall invite penalties including disqualification. The decision for the same shall be at the discretion of the Convener of the Moot Court Committee. REGISTRATION: ao © > a. The teams must register via email by 30” January, 2024. Teams will have to register via mail on gesmootcourt@gmail.com. The form from the brochure to be filled, duly stamped by college authority and sent on aforesaid email along with the scan copy of the letter from the participating college / institution / r MMMuniversity duly signed by any one of the following: - Faculty-in-charge of MCS/MCA, Registrar, Principal, Dean, Director, Chancellor or Vice- Chancellor Confirming the names of the participants, Year / semester in which studying, representing the College/ institution (format included in the brochure). After successful registration, the participants will get an acknowledgement from the host College - Gokhale Education Society's Law College via same email as an reply to your email. Once acknowledgement is received, Participant are then requested to pay the fee as per details mentionedin this brochure. Screen shot of the payment to be attached in same email. Registration confirmation will be sentto the respective team. b. Registrations without the scanned copy of the approval letter from the college / institution/ university or duly attested registration form will not be valid. c. The registration fees of Rs. 2000/- to be paid online by 30” January, 2024 via NEFT/RTGS. The details are as follows: Name of the Bank : Bank of India A/C Number : 012410110012055 IFSC : BKIDO000124 Name ofAccount Holder : Gokhale Education Society's Law College Name of the Branch : Bank of India, Kharghar Branch, Navi Mumbai Registration particulars and receipt of payment should be sent by e-mail to gesmootcourt@gmail.com latest by 30" January 2024 d. Every college shall be permitted spectator maximum 2, Rs. 500 each. Note: Only 24 teams will be registered on first come first serve basis. Hence, kindly make the payment only after receiving the acknowledgement email for paymentafter registration. Payment once doneis non-refundable. 5. ROUNDS: There will be one preliminary rounds of arguments, a Semi-Final and a Final round. Rounds: A) Therewill be one Preliminary Round of arguments per team. B) Top Eightteams, will qualify for the Semi Final round. dL EES 7 EERIE ee ee1o Semi Final round will advance to Final Roi Nc don the following criteria: ; : 4 ualification of the Teams for the Advanced oun utter aaonihe basis of the win in each Round, 5 ie or" x , pers ¢ of a Team shall be determined on the basis of agg ty BO er with @ higher aggregate score shall win the round. Se regate score of a Team shall be computed as the total of ue BA heakért & Oral Score of Speaker-2. such teams to even out the competition in > rounds, the top teams as determined by their cumulative scores | the rounds shall be taken into consideration by the Organisers =) ective of the fact that whether such a team had won/lost any round = ever. pe ‘the event ofa tie, the following methods shall be used to determine the rm! a kof the Team: faa ream with the higher Memorial score will be allotted a higher rank; Ifthe © subsists, the Team with the highest individual speaker score out of peakers of tied Teams will be allotted the higher rank; Memorial marks will be added to the scores. There will be an Inaugural program for all the participants on 9" Feb 2024 (Friday) followed by a draw of lots & exchange of memorials, Competi team codes and argument side will be allotted. =) : F) The participants and/or Spectators (if any) shall adhere to following dres: code when presentin any court room during the competition: Girls: Black salwar and white kurta or white shirt and black trousers along wit! black blazer and black shoes. rom th shoes. saad, Gc) The participants and/or Spectators (if any) must follow the court et at all given times while at the premises. Also note, any deviation above mentioned shall be dealt with stringently attracting disqualifica the team. 2Note : The participating teams shall also adhere to the above-mentioned dress code while attending the inaugural and valedictory ceremonies of the competition. + Preliminary Round/ Semi Final Round /Final Round: a. Draw oflots will decide the side of the arguments in Semi-finals & Final. b. The Semi Finals and Final Round will be held on the same day. ~ Results (Announcement) Results will be announced immediately after the completion of the Preliminary / Semi-final rounds. The Final result and the winners of the various categories will be announced only during the valediction / prize distribution ceremony. 6. MEMORIALS: The following requirements for memorials must be strictly followed. Non- conformities will be penalised: A) Each team must prepare memorials for both parties to the dispute (Petitioners and Respondent). Soft copy of the memorials in pdf must be mailed on gesmootcourt@gmail.com by 6” February, 2024 (23:59 Hrs) C) Three advance hard copies of the memorials (both Applicant and Respondent) must reach the host institution (Gokhale Education Law College Kharghar, Navi Mumbai) for evaluation by 9" February, 2024. D) Late submission will be penalized by one point each memorial for every day of delay after due date. E) Once the memorials have been submitted, no revisions / supplements/ additions will be allowed. F) The memorials shall be printed on A4 size paper, with the following mandatory formatting specifications: @ Font Type: Times New Roman @ = FontSize: 12 @ 1.5Line Spacing e e B Margin: 1 inch on each side Footnotes:a) FontType: Times New Roman b) FontSize: 10 : G) Awritten submission shall consist of the following mandatory heads: 4. Thetable of contents The index of authorities 2, a The statement ofjurisdiction 4, Thestatementoffacts (1 page only) 5. The statement ofissues 6. Thesummary of arguments (not more than 1 page) 7. Thearguments advanced (not more than 15 pages) 8. Theprayer J H) The hard copy submission must be identical to the soft copy submission. Violation of n from the competition. this rule would entail disqualificatio 1) The colour ofthe cover page must: Blue inthe case of petitioner Red in the case of Respondent 7. ORALROUNDS Preliminary Round a. Each team will geta total of 15 minutes minutes rebuttal time. b. The division of time is at the discretion of the team members, subject to a maximum. of 10 minutes per speaker. Division of time shall be informed to the court officer before arguments begin The oral arguments need not be confined to the issues presented in the memorials. |. Passing of notes to the speakers by the researcher during the rounds is allowed. ‘e. Theresearcher shall sit with the speakers at the time of the orals. to present their case. This time will include 2 ao Semi Final round ae SCE ee minutes to present their case that will include 2 b. Sec at the discretion of the team, with a maximum of 12 iG. eee need not be confined to the issues presented in the d. The researcher shall sit with the speakers at the time of the orals. .. 0 TT Ss> Final Round ; a | gach team wil get 25 minutes to present their case that will 62 mninutes rebuttal time, include »_ The division of time is at the discretion of the team, with a maximum of 15 minutes per speaker ¢. The oral arguments need not be confined to the issues preserited in the memorials. a The researcher shall sit with the speakers at the time of the orals. 3, SCOUTING Teams will not be allowed to observe the orals of any other teams. Scouting is strictly prohibited. Scouting by any of the team members shall result in disqualification: 9, SCORING A) ORALS: The parameters for judging the oral presentation on a scale of 0 - 100 points are: Knowledge of facts Logic and reasoning Organisation and clarity Persuasiveness Deference to the court Properand articulate analysis of the issues arising out of facts Understanding of the legal principles directly applicable to the issues . Ability to explain clearly the legal principles in general keeping to the time allotted Knowledge and use of legal sources and authorities and general principles of national law j.. Ingenuity (ability to argue by analogy from related aspects oflaw) zFereaoop B) WRITTEN SUBMISSIONS (MEMORIALS): The memorials shall be marked on a scale of 1-100 points each p Any revisions, supplements or additions to the memorials after submission shall attract severe penalties subject to the discretion of the Convener of the Moot Court Committee. nh fin a 41 pane cae 3 f 4 Ss 2 its bara.don the following parameters: Award of the points shall be base hical errors or format errors -Neatness, legibility, no typograP! -Logical progression ofideas - Effective use of headings to outlin - Understanding essential legal issues -Focus on essential (not collateral) issues -Clear, concise and unambiguous writing style - Assertive and persuasive presentation - Integration of facts into legal argument - Understanding of strengths and weakness! - Discussion of viable alternative arguments - Understanding and analysis of authority -Properuse of citations and citation form - Effective use of authority to support arguments -Ability to distinguish adverse cases 2 e arguments presented es of case 10. AWARDS i. Winner- Trophy + Certificate + Rs. 12,000/- ii, Runner up - Trophy + Certificate + Rs. 7,500/- ili, Best Memorial - Trophy + Certificate + Rs. 3000/- iv. Best Mooter- Trophy + Certificate + Rs. 3000/- *All participants will be issued participation certificates. 11. ANONYMITY a. Student counsel may introduce her/himself to the court in the usual manner and may also state her/his names. However, the team’s college / institution affiliation may not be mentioned at any time before the award ceremony. Further, all team members, coaches, advisors, and observers shall refrain from identifying a team's school at any time and in any manner, including, but not limited to, wearing any identifying items, such as ace tines ties, patches, or pins or carrying identifying material (such as a books witha college logo, or college seal). s 12. DECISION OF THE JUDGES WILL BE FINAL. sare tersoncime SERNA mo14. Zt COPYRIGHT : tar. = a. The copyright over the memorials submitted for partici patior d competition is assigned by participants and shall also eee ae P fully in Gokhale Education Law College Kharghar, Navi Mumbai. The participants shall certify in writing the originality of materials contained therein and shall be responsible for any claim or dispute arising out of the further use and exhibition of these materials. b. Further use and exhibition of these materials, electronically or otherwise, shall be the exclusive right of Gokhale Education Law College Kharghar, Navi Mumbai, and they shall not be responsible for any liability to any person for any loss caused by errors or omissions in this collection of information, or for the accuracy, completeness or adequacy of the information contained in these materials 2 Distribution of these materials on affiliated websites does not constitute consent to any use of this material for commercial redistribution either via the internet or using some other form of hypertext distribution. Links to the collection or individual pages in it are welcome. ACCOMMODATION, TRAVEL& MISCELLANEOUS Accommodation, travel and other miscellaneous expenditure at the side of the team during the said Moot court competition shall be responsibility of Teams themselves. Such expenses will not be borne by the host organization (Gokhale Education Society's Law College). The host College Volunteers (as number given below in this brochure) if needed can assist you for locating such accommodation/hotels. 15. IF THERE IS ANY SITUATION, NOT COVERED BY THE RULES, THE DECISION OF THE ORGANIZERS SHALL BE FINAL AND BINDING. 16. CLARIFICATIONS: For any clarification regarding the competition kindly find below contacts: Faculty Coordinators: 1. Asst. Prof. Nitya Radhakrishnan - 9930111354 2. Asst. Prof. Gaurija Wyawahare - 9594424446 Student Coordinators: 1. Prathamesh Surve - 8888300388 _ 2. Priyanka Shingate - 961 9508087 Regarding Queries on Case Rohan eres ae o“MOOT PROPOSITION FOR STATE MOOT COURT CO Jn Mumbai Andheri (W) a software company” Lotus Technology Private i f the leadi Limited established from the past 30 years, fincas OS ma ot two et names in the market. This company had advertised a req m _ Engineers in the month of July 2023 ‘soos Aninterview at the corporate office was scheduled and conducted on 17° July Mee s03 he shortlisted candidates were to — ther tI 2023 between 10.30.AM to 02.00 PM. Ful day forthe fina Rodd ic Mon the sam face the Senior Managers (Systems) by 4 PI } For the interview 10 candidates across Mumbai appeared and of them four (4) were shortlisted for the final round. Two male candidates, one female and one transgender candidate. The transgender candidate had the highest qualification followed by the female candidate who also along with qualification had a year experience and the other two male candidates were not that experienced. ; While the Interview was conducted with the manager followed by senior manager, the transgender candidate was asked too many questions, such as gender identity crises, comfort zone in society, barriers of being a transgender etc., which were not related to the know-how of a system engineer. While waiting at the reception area for the final addressing by the HR team hen the candidates were speaking and sharing their experiences of the interview, it vas then discussed that the transgender candidate was hardly asked any "profession related questions. Later the results of the interview were declared. The wo male candidates, who didn't meet with the enough eligibility criteria were alec ed and the female candidate was asked to join as a trainee and if performed "well would be taken on roll. A Only the transgender candidate was not selected and the remarks shared were lack of knowledge about systems. The transgender candidate was not at all ___ Satisfied with the remarks and hence requested for a rescheduling of interview, possible, on the very same day. However, the company turned down the request o1 the grounds of closure of vacancy. _ The disappointed candidate has now approached the High court and file the writ petition to either be given an opportunity to prove their credibility or be provided wit! % reasonable grounds of denial or rejection. The case is on board to be decided. ISSUES- Whether the courthas the Jurisdiction to decide this case? i Whether any right of the candidate has been infringed by the Company? Whether the interview conducted by the Company wasfairandjust? = Whether the Company has any privileges (discretionary powers) to decide c selection process? < he Pe