JUDGMENT
S.N. Srivastava, J.
1. This application has been preferred for recall of order dated 13.9.2006 passed by this Court in the aforesaid writ petition attended with further prayer to issue a direction to opposite parties to admit petitioner in L.L.B. Course in Allahabad Degree College, Allahabad.
2. Before proceeding further, it would be apt to recall the facts of the case. In the petition, the petitioner claimed weightage of 5% to be added in the marks obtained in the entrance test, which according to petitioner is permissible under the Admission Rules. According to petitioner, he secured 115 marks in the entrance test and being `C’ certificate holder of N.C.C., he is entitled to get weightage of 5% marks and by this reckoning, the total marks obtained by the petitioner would add up to 120.75 marks; which is 40% of the total marks as per guidelines of Bar Council of India fixed for admission in L.L.B. Course.
3. On the date of hearing, Sri Rohit Agarwal, learned Counsel for opposite party, College stated across the bar that only those students who secured 121 marks were given admission and consequently, this Court by the impugned order dated 13.9.2006 dismissed the writ petition holding that even if 5% weightage is added, the petitioner’s total marks would aggregate to 120.75 marks, which would fall short of marks obtained by students who got admission in L.L.B. Course.
4. The petitioner, therefore, moved this application repudiating the statement of learned Counsel appearing for Principal of the College that admission was closed and no admission to students getting lesser marks than the petitioner was given after close of admission. It is stated by the Principal that though she admitted some students who got 120 marks only which is lesser than the marks obtained by petitioner after closing date fixed for admission i.e. 26.8.2006. In view of the above, Sri Rohit Agarwal, learned Counsel appearing on behalf of principal of the College was directed to file counter-affidavit to the affidavit filed in support of recall application.
5. Counter affidavit to the affidavit filed in support of recall application has been sworn and filed by Smt. Mukti Vyas, Principal of Allahabad Degree College, Allahabad. It was averred in paragraph 6 of the counter-affidavit that admission to L.L.B. Course closed on 26.8.2006 at 121 marks but on 8.9.2006, some students were again admitted on the left over seats in the General Category and also in the reserved seats for SC/ST. It is further stated that the students admitted on 8.9.2006, had secured 120 marks in the entrance test sans any weightage of 5% as claimed by the petitioner, while the petitioner had obtained 115 marks in the entrance examination and was not eligible for admission as per the guidelines laid down by the Bar Council of India, which clearly envisaged that the candidate should obtain 40% marks, if there is an entrance test.
6. It is urged by learned Counsel for the petitioner that in case weightage of 5% marks qua the `C’ Certificate is added, the petitioner is entitled for admission as he got 120.75 marks which is above the last candidate who got admission in L.L.B. Course.
7. After hearing learned Counsel for the parties, the only question remains to be considered whether addition of marks to the extent of 5% is permissible in the marks obtained in the entrance test for the purpose of admission under the admission rules. A glance through relevant rules clearly provides for weightage to the extent of 5% to be given. The precise question now is whether this weightage of marks is to be added in entrance test or after the admissions are over.
8. In order to consider the above question, relevant admission rules and guidelines fixed by Bar Council of India are required to be considered. The relevant paragraphs of the guidelines are extracted
The Bar Council of India at its meeting held on 21st and 22nd March 1998 considered letters received from Universities/Colleges seeking clarification on the minimum percentage of marks prescribed by the Bar Council of India for admission In the three year and five year law course. The Bar Council of India on the recommendations of its Legal Education Committee decided that Universities be requested to, fix the minimum percentage of marks prescribed by the Bar Council of India for admission in the three year and five year law course, It is further made clear that the existing requirement of the Bar Council of India regarding percentage of marks does not permit any relaxation in favour of SC & ST Students.
The following, is the requirement prescribed by the Bar Council of India regarding percentage of marks required in the qualifying examination for admission in the three year as well as five year Law Courses:
If there is entrance test, the percentage should be 40, but if there is no entrance test, the percentage should be 45 for L.L.B. admission.
9. It further transpires that as per the direction of Bar Council of India, University has already framed certain rules. The same has been mentioned in Annexure-A-3 to the writ petition. The relevant rules are extracted below:
Rule 07 (a): The Computed Marks of a candidate who has appeared in the Admission Test shall be calculated by (subtracting the Discount applicable under Regulation 8 from, and adding the Weightage, Premium and Special Premium applicable, respectively, under Regulation 9,10 and 11 to his score (out of 300) in the Admission Test, hereafter in these Regulation called the Standardized score:
Provided that in the case of a candidate who is not required by reducing his aggregate marks in all Parts of the ‘Qualifying Examination taken together to the denomination of 300:
Provided further that in case the Standardized Score of ‘ a candidate not required to appear in the Admission Test cannot be worked out under the preceding provision on account of difficulty in interpreting the marking system of the University form which he has passed the qualifying examination, his Standardized score shall be worked out in accordance with guidelines issued by the Board.
(d) A Premium (addition) of 5 percent of the Standardized Score shall be applicable to the Standardized Score of a Candidate who holds the `C’ Certificate of the National Cadet Corps:
Provided that the said Premium shall not be applicable except if the candidate has claimed the same in his Form and has appended with the Form evidence of holding the said ‘”Certificate.
10. A perusal of above provisions would crystallize that direction of Bar Council of India to the Universities to frame certain rules was made through resolution of Bar Council of India and the Bar council has prescribed 40% marks as minimum percentage for admission in L.L.B. course. In accordance with the direction given by the Bar council of India, admission Rules were framed and minimum percentage of marks as prescribed has been fixed. Guidelines given by Bar Council of India as well as Admission rules leave no manner of doubt, that in case there is an entrance test, minimum percentage should be pegged at 40%. There is provision for certain weightage to be given in the admission such as Weightage of 5% marks to be given to “C” Certificate holder of N.C.C. also. There are only two conditions for adding weightage marks.
(1) That person must claim in the Admission Form.
(2) “C” Certificate of N.C.C. must be annexed along with Admission
11. It appears that College Authority could not appreciate that percentage of marks calculated after giving weightage of C Certificate of N.C.C. in favour of a person has not been taken into consideration for admission to L.L.B. Course. The rules aforesaid have been framed to streamline the admission and there is nothing that any of the conditions has been circumscribed to the discretion of the college authority for denying or admitting any student at will. In the facts and circumstances and considering the materials on record, this Court is of irresistible view that weightage of 5% marks should be accorded for being computed in the marks required for admission. The admission rule would be taken into consideration and observed in compliance prior to the stage of admission. The relevant regulation of the college read with the guidelines of Bar Council of India leaves no manner of doubt that in case a person has got 40% total marks calculated in accordance with the Admission Rules, and further in case he is entitled to get admission, the weightage should be added in the marks obtained in the entrance test for the purpose of admission. If weightage is not added in the marks obtained in the entrance test, the purpose of weightage as delineated in the rules will stand defeated and the provision mentioning condition of weightage would be rendered wholly useless. The net result from the above discussion is that the weightage has to be added in the marks obtained in the entrance test before the admission. This Court has no reason to dissent or disagree with the submissions made across the bar by the learned Counsel for the petitioner that weightage of marks should be added in the marks obtained in entrance test for the purpose of admission.
12. Considering the materials on record, this Court comes to irresistible conclusion that certain students securing lesser marks than the petitioner were admitted to L.L.B. Course against the left-over seats subsequently, the petitioner is also entitled to get admission in L.L.B. course whose marks inclusive of weightage of C Certificate of N.C.C. the extent of 5% adds upto 120.75 which is higher than those admitted subsequently in the left over seats. As stated supra, earlier, writ petition was decided in view of the statement of Sri Rohit agarwal that the last student who was given admission had secured 121 marks which was higher than what had been secured by the petitioner after giving weightage.
13. Now from perusal of the affidavit of Principal, Allahabad Degree college, Allahabad, it crystallizes that admission was given to the students who got 120 marks which are lesser marks than what the petitioner had secured and not 121 marks and the culmination of writ petition In dismissal has its foundation in the statement made by the aforesaid counsel which according to the averments made in affidavit of the Principal of the college is not countenanced and was per se false as at the risk of repetition it may be noticed, the students securing 120 marks were admitted against the left-over seats on 8.9.2006. Relying on the said statement made on behalf of the College Authority that the students who secured 121 only marks were admitted, this Court declined to interfere on 15.9.2006 in the matter on the ground that even it weightage is added, petitioner could not succeed to get minimum marks for admission. In such situation, the order-dated 13.9.2006 is required to be recalled.
14. Accordingly, order dated 13.9.2006 is recalled. Writ Petition is restored to its original number. A writ of mandamus is issued commanding opposite parties to admit the petitioner in L.L.B. Course, The Principal of the College will explain her conduct as to how false statement was made in the Court on 13.9.2006 that students who secured only 121 marks were admitted in L.L.B. course though now the affidavit filed by her vouched for the fact that on 8.9.2006, the Students who secured 120 marks were already admitted. The Principal of the College shall explain her conduct why appropriate proceedings be not initiated against her for making a false statement in the Court through her counsel Sri Rohit Agarwal within 15 days.
15. List this case after 15 days.