INTRA MOOT COURT COMPETITION-2019

Organised by:-
Moot Court Society, Department of Law,
Prestige Institute of Management and Research, Indore

Conducted on:
28 March- 29th March 2019
th
 Moot Problem
(For 1st & 2nd Year)
Flower Global School (the “School”) is a residential school situated in Delhi NCR, and which
started its intake of students at the primary level (Standards 1 to 4) in 2012, and its senior-most
batch of students is currently preparing for their Standard 10 board exams. Mr. Rahul is a biology
teacher in the School and is widely reputed as being pedantic when it comes to biology laboratory
experiments. In fact, students have failed his class in the past, and the Standard 10 students are
apprehensive that they will receive poor grades in the laboratory experiment component of their
internal assessment, as Rahul will be the examiner for the same. Being a biology teacher, Rahul’s
office is located at the back of the laboratory, and although he has independent access to his
office, it can also be reached by going through the laboratory.
Mrs. Anjali is a mathematics teacher in the School, and is married to Mr. Aman, a lawyer
practicing at the Supreme Court of India. Rahul and Anjali are often assigned the task of
organizing the School’s extra-curricular functions, and can often be seen working together, late
into the night, for planning these functions. As part of the employment agreement with the
School, all teachers were required to sign the primary employment agreement detailing clauses
such as scope of work, remuneration, and term of the agreement, as well as sign the appendices
to the agreement. These appendices included, inter alia, the promotion system of the School, the
perquisites and allowances that teachers were entitled to, as well as a code of conduct which was
to be followed by teachers and staff members of the school. One of the clauses in this code of
conduct stated that “Teachers and staff members of the School are subject to immediate removal
for acts of moral turpitude, at the discretion of the School Board. Such removal may be
accompanied with a penalty amounting to not more than 6 months’ salary of the person
concerned.”
Rajeev is a Standard 10 student who has failed Rahul’s biology class twice in the past. Desperate
to pass the board exams by hook or by crook, he conceals a video camera in the laboratory, so
that he can cheat by having access beforehand, to the experiments which Rahul plans to setup

for internal assessment. On the night of 30th November 2018, at approx. 10:00 PM when
Rahul is working in his office, Anjali walks into the laboratory, locks it from the inside, and goes
to into Rahul’s office. Rahul was watching erotic movie, and Anjali confronts her sexual
dissatisfaction from her husband. Later, Rahul and Anjali get involved in sexual relationship.
The next day, when Rajeev checks the video recording so that he can prepare for the experiment,
he discovers the illicit sexual relationship between Rahul and Anjali, and immediately
informs his parents. Shocked and scandalised by the depravity of the teachers who are supposed
to be teachers and mentors for their son and the other students, Rajeev’s parents meet the
School’s principal and demand immediate removal of Rahul and Anjali. Due to the gravity of
the situation, an urgent meeting of the School Board is called and a unanimous decision is taken
that Rahul and Anjali be removed from the School and that a penalty be imposed upon each of
them amounting to 6 months’ of their respective salaries. Their termination notice states that
their dismissal is due to “…the adulterous nature of their conduct amounting to a blatant

violation of the School’s code of conduct” and that their dismissal would be effective from 1st
January 2019.

Aggrieved, Rahul and Anjali file a Special Leave Petition before the Supreme Court of India
against the School, alleging that they were wrongfully terminated as ‘Adultery’ had been
decriminalised by the Supreme Court. Further, they alleged that the School had invaded
their fundamental right to privacy, and refuted the imposition of penalty by the School as being
an unfair contractual term. In its reply, the School claims that, since the illicit and immoral act
were conducted on school property, it was committed in a ‘public space’ and amounted to a
breach of the contractual obligations that Rahul and Anjali had agreed to when signing their
employment agreements.
 Moot Problem

(For 3rd Year & 4th Year)

Flower mission School was established in 2009 in Rourkela, Odisha as a special School. The
School was affiliated to Central board of Secondary Education, New Delhi. The School was
one of the best English medium school in Odisha. It had good number of qualified teaching
and non-teaching staffs. In December, 2012 seven Women and one man were employed by the
school authorities as ‘instructors’ of the school. Such instructors were paid much less than
teachers who worked at that special school. However, they had the grievances against the
school authority and they communicated it to the authority several times verbally and also in
black and white.
Ultimately the instructors brought proceedings against their employers under Equal
remuneration Act, 1976, contending that they did like work to that done by teachers of the
opposite sex in the same special schools, and that accordingly they were entitled to the same
pay as their respective male and female teacher comparators as this right is protected under
Constitution of India.
In the proceedings before the Industrial Tribunals, the education (School) authorities explained
that the pay disparity was due to the fact that, for historical reasons, teachers and instructors
were remunerated according to two different nationally negotiated pay scales. They therefore
sought to rely on Section 2(h) and Section 4 of the Equal Remuneration Act, 1976, which
provided a defense for employers which could prove that the variation was genuinely due to ta
material factors which was not the difference of sex, and that factor was material difference
between a women’s case and man’s case. They also argued that the female counterparts are not
performing the ‘same work or work of a similar nature’ and hence they cannot demand to get
equal pay like that of their male and female teacher comparators.
 PRESTIGE INTRA MOOT COURT RULES AND PROCEDURE

TEAM COMPOSITION

1. Each team shall consist of three members, comprising of two speakers and one
researcher.
2. Students willing to participate can form team within their year or they can form teams
consisting of members from different years as well. As we are providing 2 moot
problems based on different Batches, then the Teams can be only formed between the
Batches having same moot problems.
3. Any alteration in the names of the team members shall be informed through e-mail
before last date of registration i.e. 15th March 2019 at mcc@pimrindore.ac.in However
any such alteration shall be permitted only once.

PARTICIPATION AND REGISTRATION PROCEDURE

1. Interested teams should register themselves by submitting the attached Registration

Form to Mr. Jalaj Sarmandal (Assistant Professor) (Faculty Coordinator) or Mr.
Rajneesh Dubey (Assistant Professor) (Faculty Coordinator) on or before 15th March,
2019, 5:00 PM.
2. The Top 5 participants shall be allotted the National Moot Court Competitions.
3. Memorial submission is mandatory in order to appear for the oral rounds.
4. No person to person query will be entertained; every query will be entertained through
formal email at mcc@pimrindore.ac.in. For further information of dates please refer to
the Timeline attached.
5. Participants are directed not to approach faculty members of Department of Law, for
consultation purpose. Violation of this rule would lead to disqualification.

MEMORIAL SUBMISSION GUIDELINES / RULES

The following guidelines for the memorials must be strictly followed. Non-compliance will
entail penalties as provided below:
 For 3rd Year & 4th Year

1. Teams have to prepare memorials for both the Appellant and the Respondent.
2. Teams shall submit soft copy at 4 (four) hard copies of the memorials for each side
(Appellant & Respondent) (Total 4 X 2 =08 Memorials) on or before 27th March 2019.

For 1st & 2nd Year

1. Teams have to prepare memorial either for Appellant or Respondent side. Side will be
allotted to the Teams on 16th March 2019.
2. Teams shall submit soft copy at 4 (four) hard copies of the memorial on or before 27th
March 2019.

The memorials have to be submitted on A4 size paper, printed on only one side, and must
contain the following sections.

I. COVER PAGE;
II. TABLE OF CONTENTS;
III. INDEX OF AUTHORITIES;
IV. STATEMENT OF JURISDICTION;
V. STATEMENT OF FACTS;
VI. STATEMENT OF ISSUES;
VII. STATEMENT OF ARGUMENTS;
VIII. ARGUMENTS ADVANCED;
IX. PRAYER FOR RELIEF.

The memorials must be printed in Times New Roman 12 font size with 1.5 line spacing. The
footnotes must be in Times New Roman 10 font size with 1.0 spacing. And should contain the
‘Team Code’ on cover page. (Top-Right Corner)

The arguments advanced should not exceed 15 pages.

The memorials as a whole should not exceed 25 pages including the cover page.

The memorials should be covered with a plastic cover or a spiral bound.

The memorials should have a margin measuring one inch on all sides of each page.
The page numbering should be on the bottom of each page.

The Appellant’s/Petitioner’s memorial cover page shall be printed on Blue Colour A4 size
paper, and Respondent’s/Defendant’s memorial cover page on Red Colour A4 size paper.

The teams have to use the 19th edition of Blue Book for citation format throughout the
memorial.

Footnotes shall contain only the citations. There shall be no speaking footnotes in the memorial.

The maximum scores for the memorial shall be 100 marks. The memorials shall be evaluated
on the following criteria and any non-compliance with above criteria shall result in penalty of
2 marks per missing section.

Particulars Marks
Knowledge of Law and Facts 20
Proper and Articulate Analysis 20
Extent and use of Research 20
Clarity and Organization 20
Grammar and Footnoting 20

ORAL ROUNDS

1. Each team will get a total of 15 minutes to present their case. This time will include
rebuttal and sur-rebuttal. Any time exceeding the allotted time shall be penalized. The
penalty shall be of 1 marks for every two minutes exceeded. However extension of time
is permissible at the discretion of the judges.
2. There shall be two oral rounds per team, presenting both appellant and respondent.
3. The division of time per speaker is left for the discretion of the team subject to a
minimum of 5 minutes per speaker.
4. The oral argument should be confined to the issues presented in memorial.
5. The researcher shall be present with the speaker during the oral rounds.
6. The participants shall be mandatorily abide by the dress code as per prescribed by the
Bar Council of India.
 7. Strict Adherence to Court Manners shall be observed by all the participants.
8. Maximum scores for the oral rounds shall be 100 points per speaker.

FINALITY OF DECISION

The decision of the judges with regard to the outcome of the rounds shall be final.

CLARIFICATIONS

All clarifications regarding the Moot Problem should be sent before 22.03.2019 to
mcc@pimrindore.ac.in. No questions/clarifications over phone/ any means other than e-mail
shall be entertained.

THE TIMELINE

Particulars Date
Release of Moot Proposition 12th March 2019
Last Date of Registration 15th March 2019
Draw of lots (For 1st & 2nd Year) 16th March 2019
Last Date of Submission of Memorials 27th March 2019 till 5 P.M.
Oral Rounds 28th & 29th March 2019
Results 6th April 2019
Allotment of National Moot court 6th April 2019
 REGISTRATION FORM
(TO BE FILLED IN CAPS)
PARTICIPANTS DETAIL
SPEAKER 1
FULL NAME: ....................................................................................
ROLL NO & SEMESTER:..................................................................
GENDER: .........................................................................................
CONTACT NO: .................................................................................
E- MAIL: ..........................................................................................

SPEAKER 2
FULL NAME: ...................................................................................
ROLL NO & SEMESTER: .................................................................
GENDER: .........................................................................................
CONTACT NO: .................................................................................
E- MAIL: ..........................................................................................

RESEARCHER
FULL NAME: ...................................................................................
ROLL NO & SEMESTER: ..............................................................
GENDER: .........................................................................................
CONTACT NO: .................................................................................
E- MAIL: ..........................................................................................

[To be submitted to Faculty Coordinators on or before 15thMarch, 2019 in person]