SOBHANA KUMAR S Vs. MANGALORE UNIVERSITY

JUDGEMENT

(1.) In these writ petitions, in which the petitioners have questioned the legality of the decisions of the Bangalore and Mangalore Universities refusing to approve their admission to the I year of the three years' Law Degree course, the following common question of law arises for consideration: "Whether the conditions of eligibility for admission to the law degree course fixed by any of the Universities constituted under the Karnataka State Universities Act ('the Act' for short) is unenforceable if it is higher than the minimum conditions of eligibility for admission to the Law Degree course prescribed by The Bar Council of India under S.49 of the Advocates Act?"

(2.) The facts of the case of each of the petitions in brief are as follows ;

(3.) The plea of the petitioners is as follows : The minimum condition of eligibility prescribed by the Bangalore and Mangalore Universities is 40% marks in the degree course in all the subjects of all the examinations. The same condition of eligibility was prescribed by the Bar Council of India also. However, the Bar Council of India had passed a resolution that a candidate who had secured more than 39.5% marks, though less than 40% marks, is eligible for admission to the three years' law degree course. The resolution No. 123/84 of the Bar Council, on which the petitioners rely, has been produced as Annexure-A in W. P. Nos. 6135-36/85. It reads :