PRAKASH SHARMA Vs. RANI DURGAWATI VISHWAVIDYALAYA

JUDGEMENT

(1.) 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 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 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.