High Court Madhya Pradesh High Court

Prakash Sharma vs Rani Durgawati Vishwavidyalaya … on 18 February, 2010

Madhya Pradesh High Court
Prakash Sharma vs Rani Durgawati Vishwavidyalaya … on 18 February, 2010
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HIGH COURT OF MADHYA PRADESH : JABALPUR


WP NO.387/10 :             Prakash Sharma
                                  Vs.
                            Rani Durgawati
                   Vishwavidyalaya Jabalpur & others


____________________________________________________
1-    Date of Order     :   18.2.2010.
2-    Bench constituted of Hon'ble Arun Mishra,J.
                            Hon'ble S.C. Sinho, J.
3-    Order passed by Hon'ble Arun Mishra, J.
4-    Whether approved for reporting : Yes
5-    Name of Counsel for parties :


      Petitioner by Shri V.K. Shukla, Adv.
      Shri Suyash Tripath for respondent No.1.
      Shri Deepak Awasthy, GA, for respondents No.2&3
________________________________________________________

                       ORDER

AS PER : ARUN MISHRA J.

The writ petition has been filed by the petitioner

aggrieved by cancellation of his admission in LL.B. First

Year on the ground that he was not having requisite

percentage of 45% in the qualifying examination.

2- It is averred in the petition that the petitioner
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possessed 41.89% marks in graduation. He appeared in

the entrance test for admission in 3 years LL.B. course in

which 40% marks in graduation were required. As he

fulfilled the criteria he was permitted to participate in

the entrance examination and admission was given to

him, but, suddenly his admission was cancelled on the

ground that he was having 41.89% marks in graduation,

not 45% as required. Petitioner filed a representation

which was not considered. Hence, petition has been

preferred.

3- In the return filed by the respondents No.2 and 3 it

is contended that Bar Council of India has framed the

Rules of Legal Education and as per Part-IV Chapter II

Rule 7 minimum marks to be obtained in the qualifying

examination is 45% in the case of general category

candidates for admission in 3 years LL.B. course. The

guidelines dated 22.5.2009 framed by the College were

not in tune with the rules of legal education framed by

the Bar Council of India having statutory force. When

said fact came to the notice, error was rectified vide

letter dt.25.7.2009, it was clarified that for 5 years
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course and also for 3 years LL.B. course, the minimum

qualifying marks are fixed as 45% for general category

candidates as prescribed by the Bar Council of India.

Petitioner was admitted on 23.7.2009 and order of

cancellation was passed on 7.8.2009 within two weeks of

admission. No case is made out so as to interfere in the

writ petition.

4- Shri V.K. Shukla, learned counsel appearing on

behalf of the petitioner has submitted that admission was

rightly given in view of admission bulletin for LL.B. First

Semester published by the Rani Durgawati Vishwa

Vidyalaya, Jabalpur in which it was mentioned in para 4

and 12 that admission in the First Year has to be on the

basis of entrance examination in qualifying examination

and graduation or post-graduation incumbent must

possess 40% marks. Guidelines (P/3) issued by Higher

Education Department in para 5.3 has also been relied

upon by the petitioner which provides that for admission

in the First Year Course of LL.B. in case entrance test is

conducted 40% marks are required and in

graduation/post-graduation and 45% in case entrance
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examination is not conducted.

5- Counsel appearing on behalf of the respondents

have relied upon the Bar Council of India Rules framed

under the Advocates Act contained in Part-IV. Chapter II

Rule 7 of BCI Rules. The BCI has prescribed the

standard vide Resolution No.110/2008 which came in

force w.e.f. 14.9.2008. The resolution provides that

minimum percentage in the qualifying examination

should not be below 45% of the total marks in case of

general category candidate and 40% of total marks in

case of SC/ST candidates. It is contended that it was not

open to the State Govt. or to University to violate the

binding directive of BCI, thus, the guidelines which were

framed by University and State Govt. were corrected to

bring them in tune with the rule 7 contained in Part IV

Chapter II of BCI Rules.

6- No doubt about it that in the admission guidelines

issued by the University and the State Govt. it was

provided that minimum percentage for general category

candidate is 40% in case admission is by holding

entrance examination and in case it is not conducted
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qualifying percentage in the graduation/post graduation

had been fixed at 45%. However, said guidelines are in

contravention of BCI Rules Rule 7 contained in Chapter

II Part IV of the BCI Rules framed under the Advocates

Act which have the statutory force. BCI has power to

prescribe the standard for the purpose of standards of

legal education and recognition of degrees in law for the

purpose of enrolment as advocate and inspection of

Universities for recognizing its degree in law under

sections 7(1)(h) and (I), 24(1)(c)(iii) and (iiia), 49(1)(af),

(ag), and (d) of the Advocates Act, 1961. the rules have

statutory force Rule 7 contained in Chapter II of Part IV

of Bar Council of India Rules is as follows :

“7. Minimum marks in
qualifying examination for admission.

Bar council of India may from time
to time, stipulates the minimum
percentage of marks not below 45% of
the total marks in case of general
category applicants and 40% of the total
marks in case of SC and ST applicants, to
be obtained for the qualifying
examination, such as +2 Examination in
case of Integrated Five Years’ course or
Degree course in any discipline for Three
years’ LL.B. course, for the purpose of
applying for and getting admitted into a
Law Degree Program of any recognized
University in either of the streams.

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Provided that such a minimum qualifying
marks shall not automatically entitle a
person to get admission into an
institution but only shall entitle the
person concerned to fulfill other
institutional criteria notified by the
institution concerned or by the
government concerned from time to time
to apply for admission.”

It is apparent from Rule 7 of the aforesaid rules

that Bar Council of India has prescribed minimum

percentage of marks not below 45% in case of general

category and 40% in case of SC/ST candidates to be

obtained in the qualifying examination, such as +2

examination in case of integrated five years course or in

Degree course in any discipline for admission in three

years’ LL.B. course. It is pre-requisite for admission into

the law degree programme of any recognized University

in either scheme. Proviso also makes it clear that the

person who possess minimum qualifying marks has also

to fulfill other institutional criteria notified by the

institution concerned or by the government concerned

from time to time to apply for admission. By making

provision of entrance test institutional criteria has been

prescribed, but, in no case it was open to the University
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to violate the directive of the BCI contained in Rule 7

Chapter II Part IV of the Bar Council of India Rules. Rule

is mandatory and it could not have been by-passed by

making the provision of entrance test. The prescribing of

40% marks in the qualifying examination for 3 years

course amounted to dilution of the mandatory direction

of the BCI. Bar Council of India has prescribed aforesaid

standard in exercise of various provisions of Advocate

Act referred to above. Realizing the mistake the

respondents have rightly cancelled the admission and it

was rightly realized by the State Government and the

College that such a dilution of the standard prescribed

by the BCI is not permissible. Admission was cancelled

within 15 days. It cannot be said that the action taken

was illegal in any manner. It was in accordance with

mandatory directive of BCI. The guidelines (P/2, P/3)

which were framed were not in tune of mandatory

directive of the BCI. The State and University had

realized their mistake and rightly taken the curative

steps.

7- We do not find any merit in the submission of
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counsel that the petitioner be awarded compensation as

he was wrongly admitted in the course. His admission

was cancelled within 15 days. However, as conceded by

counsel appearing for respondent the admission fee and

tuition fee which may have been deposited shall be

refunded to the petitioner.

8- Resultantly, we find no merit in this petition, same

is dismissed. Parties to bear their own costs as incurred.

              (Arun Mishra)               (S.C. Sinho)
                    Judge.                   Judge.




Khan*