It is worth paying attention that in a very significant development, we see that a Single-Judge Bench of the Gujarat High Court comprising of Hon’ble Ms Justice Vaibahvi D Nanavati in a learned, laudable, landmark and latest judgment titled Madhusudan Gunvantray Pandya Vs Saurashtra University R/Special Civil Application No. 17479 of 2021 With Civil Application (For Direction) No. 1 of 2022 in R/Special Civil Application No. 17479 of 2021 delivered as recently as on June 21, 2022 has explicitly observed that in terms of conduction of examination and results for admission to LLB course, the rules of a University would prevail over the Rules of Bar Council of India. In this case, we thus see that the Gujarat High Court upheld the Saurashtra University rules that prohibited admission for an LLB course in cases where the graduate had not passed their examination in a single attempt. We thus see that the University Rules prevail over the Rules of Bar Council of India!
To start with, the ball is set rolling by first and foremost putting forth in para 1 that, “The petitioner by way of the present petition under Article 226 of the Constitution of India has prayed for the following reliefs:
“(a) Admit this petition.
(b) Issue Notice for final disposal.
(c) To allow this petition by issuing writ of mandamus or any appropriate writ, order directed by directing respondents that the petitioner is possessing the educational qualification as required under Bar Council of India Legal Education Rules, 2008 for admission LLB Course and is petitioner is qualified to pursue the 3 year LLB Course for which he has already got admission at Navyug College, Virpar.
(c/1) To hold and declare and direct that the petitioner is possessing the educational qualification as required by Bar Council of India Legal Education Rules, 2008 and on that basis petitioner is eligible for 3 years course of Bachelors of Law and further direct respondent No. 1 to 3 to admit petitioner in 3 years L.L.B Course;
(d) Pending hearing a final disposal of the present petition, this Hon’ble Court may grant interim relief by directing respondent no. 1 and 2 to immediately reconsider the case of petitioner in view of Bar Council of India Legal Education Rules, 2008 and permit petitioner to attend classes.
(e) To grant costs of this petition to the petitioner and to grant any other appropriate and just relief/s.”
To put things in perspective, the Bench then envisages in para 2 while dwelling on brief facts that, “The brief facts as stated by the petitioner are stated thus:
2.1. The petitioner has passed B.Com examination from G.J. Sheth, Morbi college in general category. The petitioner had appeared for 3rd B.Com examination conducted in March, 2007 in which out of total 7 subjects, petitioner had failed in 2 subjects, viz., Statistics and Management Accounting. The petitioner had appeared in re-examination conducted by the University in March, 2008 for the aforesaid 2 subjects, viz. Statistics and Management Accounting and had secured result of ‘pass class’ and secured 45.57%.
2.2. The petitioner intending to pursue 3 years Bachelor of Law (L.L.B.) course, had submitted an application dated 03.09.2020 before the respondent University seeking admission. The petitioner had paid fees for both the semesters and had appeared for internal examination conducted by the respondent no.3 – college. The respondent no.3 – college after period of some months, rejected the application of the petitioner stating that the petitioner had given 2 try in B.Com and after final examination of semester of semester refunded the fees paid by the petitioner. The petitioner addressed a letter to the respondent University on 25.06.2021 intimating them about the aforesaid facts. The university replied to the said communication dated 25.06.2021 of the petitioner, by letter dated 03.07.2021 stating that since the petitioner has given 2 try in 3rd year B.Com and was declared pass with ‘Exemption’. Therefore, the percentage cannot be counted and as per the Rules of Bar Counsel of India, student of Open/General category are required to secure 45%, O.B.C. category 42% and S.T. category 40% minimum to secure admission and since the petitioner belonging to Open/ General category has so called not secured 45% is ineligible to secure admission. It was further informed that the admission process is under provision of Bar Council of India and University.
2.3. The petitioner wrote a letter to the Chairman / Secretary, Bar Council of Gujarat intimating them about the aforesaid facts by letter dated 22.07.2021 and further requested to do the needful, if found eligible for course of 3 years L.L.B. The respondent No.4 – Bar Council of Gujarat by communication dated 04.08.2021 stated that the petitioner has secured 45.57% and considering the result of examination of March, 2007 and March, 2008, and therefore, as per Rule-7 of Bar Council of India Education Rules, 2008, and therefore, as per Rule-7, the petitioner is eligible for getting admission in course of Bachelors of Law course. The petitioner further wrote a letter to the respondent-University on 07.08.2021 intimating with regard to the letter dated 04.08.2021 addressed by the respondent no.4 – Bar Council of Gujarat.
2.4. The respondent – University by communication dated 08.10.2021 informed the petitioner and reiterated that any student who has appeared in examination and has given two attempts, then in that case, the percentage cannot be calculated on basis of both the mark-sheets and as per the Rule of Bar Council of India, a student belonging to Open / General category has to have minimum 45% to secure admission in 3 years L.L.B. course and therefore, the petitioner is not eligible for getting admission. It was further impounded that mark-sheet issued under Ordinance-154(d) exemptions.”
Most significantly, the Bench then holds in para 19 what forms the cornerstone of this notable judgment wherein it is postulated that, “The aforesaid judgments as relied upon by the petitioner are not relevant for deciding the eligibility of the petitioner for admission in the law course. The petitioner passed with 2nd attempts / trials and appeared only in the two subjects i.e. Statistics and Management Accounting, in which he declared failed. The Ordinance – 154 framed by the Saurashtra University for ‘exemption’ comes into play. Admittedly, the petitioner appeared in 3rd year B.Com examination held in March, 2007 and was declared ‘fail’ in 2 subjects. The petitioner again appeared for 2 subjects only in March, 2008, for which he was declared pass and claimed exemption for other subjects. The petitioner could not clear 3rd year B.Com. Examination in the year March, 2008 only in 2nd attempt and he could not clear the examination in 1st attempt. Having claimed exemption, Ordinance 154 of the Saurashtra University Act comes into play. This Court in aforesaid decisions has considered the provisions of Ordinance 154 of the Saurashtra University Act and considered the Rule-7 of the Bar Council of India Education Rules, 2008 and held that if the candidate passed the examination in more than 1 trial/attempt, he would have the benefit of exemption in few papers but he would be considered as having passed the examination with minimum percentage of marks. In the present case, the marksheet duly produced at Annexure-A (pg-10-11) clearly states that the petitioner has secured ‘pass class’. Further the eligibility as prescribed by the University cannot be overlooked and the petitioner cannot be said to have eligible and to have secured minimum 45% as prescribed by the Bar Council of Gujarat for securing admission in L.L.B. course. The issue with regard to the eligibility criteria is required to be considered by the respondent – University. This Court otherwise cannot sit in an Appeal to a decision taken by an expert body, and therefore, this Court is not inclined to interfere under Article 226 of the Constitution of India.”
No less significant is what is then stated so succinctly in para 20 in continuation of what is stated in the above para 19 that, “In view of above, the Rules of Bar Council of India do not provide for conducting of examination and result thereof. The Rule only suggests that a candidate must possess 45% marks for securing the admission in law course/ L.L.B. course. The University Ordinance No. 154 as referred above prevails over the Rules of the Bar Council of India and when the petitioner had passed B.Com. Examination with ‘exemption’ i.e. in ‘pass class’ and on 2nd attempts, he is not eligible for admission in the L.L.B. course.”
Finally, the Bench then concludes by aptly holding in para 21 that, “In view of above, this Court is not inclined to exercise its extraordinary jurisdiction under Article-226 of the Constitution of India, by directing the respondents to consider the educational qualification of the petitioner as required under Bar Council of India Legal Education Rules, 2008 for admission to LLB course when petitioner has passed B.Com. examination with ‘pass class’.
In view of above, the petition fails and is accordingly dismissed.
ORDER IN CIVIL APPLICATION:
In view of the order passed in the main petition, the Civil Application do not survive and the same also stands dismissed, accordingly.”
All said and done, we thus see that the Gujarat High Court has made it indubitably clear that in the exams that are conducted for LLB admissions, it is the University Rules that ultimately prevails over the Bar Council of India Rules. We have discussed this in detail as stated hereinabove. No denying it!