DEEPTI ARYA Vs. JIWAJI UNIVERSITY AND ANR

JUDGEMENT

(1.) The petitioner has filed this petition in regard to non-grant of admission in L.L.B Course. It is submitted that the petitioner was denied admission in L.L.B Course on account of age bar in accordance with Rule 28 of the Bar Council of India Rules under the Advocates Act, 1961. The Bar Council of India framed rules named as Rules of Legal Education, 2008 in exercise of powers 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 Rule 28 of the Rules of Legal Education, 2008 prescribes the age for admission in L.L.B. Degree Course. The relevant rule is as under:-

(2.) aforesaid rule has already been declared ultra-vires by the High Court and a Special Leave Petition is pending before the Hon'ble Supreme Court. The relevant finding in this regard has been recorded by the Division Bench of this Court in W.P. No. 11925/2011, wherein the Division Bench has passed the following order:-

(3.) When the rule has been declared ultra vires by the High Court and no stay has been granted by the Hon'ble Supreme Court, in that circumstances, the petitioner cannot be denied admission on the basis of the aforesaid rule.