ENNAMRURI SUBHARAO Vs. BAR COUNCIL OF INDIA

JUDGEMENT

(1.) THE Petitioners in these petitions have sought for a declaration, to declare that, the petitioners are entitled to College in the absence of any order under Rule 130) of the Bar Council of India Rules which has been set aside pursue their course of study in the third respondent by this Court on 2nd September 2003 in W. P. No. 26081/2003 vide Annexure E. Further, they have sought for a direction, to direct the second respondent University to permit the petitioners appearance in the Examinations conducted at the end of the academic term and pursue their course of study without reference to, or giving effect to the communication dated 17th April 2003 vide Annexure D.

(2.) THE brief facts of the case are as hereunder: the petitioners herein are all students alleged to have been admitted to first year of 3 years LL. B. course for the academic year 2003-2004 in the third respondent - College. The petitioners are alleged to have undergone the necessary course of study and are required to and are eligible to appear for the examination that is conducted by the Affiliating University, the second respondent herein at the end of the first Semester. The case of the petitioners is that, they have been erroneously denied admission to the examination, purportedly on the ground that, the Bar Council of India (BCI) has communicated the decision of non continuation of Affiliation in accordance with clause 13 (j) of the BCI Rules, by its communication dated 17th April 2003 and therefore, the admission of the petitioners for the academic year 2003-2004 is illegal and impermissible, and consequence cannot be approved and permitted to appear for the examinations. Be that as it may.

(3.) THE third respondent-College filed Writ Petition No. 52643/2003 questioning the arbitrary and illegal action of the University in denying the benefit of examination to its students. When things stood thus, the petitioners being aggrieved by the arbitrary decision of the University have presented these writ petitions for redressal of their grievances by invoking the extra ordinary jurisdiction of this Court as envisaged under Articles 226 and 227 of the Constitution of India.