RAJESH Vs. AWADHESH PRATAP SINGH VISHWAVIDYALAYA

JUDGEMENT

(1.) The order passed in this petition shall also govern the disposal of Misc. Petition No. 2471 of 1984 (Ram Lakhan Gupta v. Awadhesh Pratap Singh Vishwavidyalaya and 2 others) as common questions of law and facts arise in these two petitions.

(2.) The petitioners in the two petitions had passed B.Com. Examination securing marks less than 40 per cent in aggregate. The petitioner, Rajesh Namdeo had passed the said B. Com. Examination in 1980, whereas the petitioner Ram Lakhan Gupta had passed the B.Com Examination in 1982. Both of them applied to the then Education Minister to permit them to be admitted in LL.B. Part-I as a special case in the Law College, Satna, respondent No. 3, which is affiliated to Awadhesh Pratap Singh Vishwavidyalaya, Rewa (hereinafter referred to as the 'respondent-University'.) The Education Minister directed the respondent No. 3 to admit the two petitioners in LL.B. Part-I, as a special case. The Examination of LL.B. Part I had to be held in March 1984. The petitioner Rajesh Namdeo (Misc. Petition No. 2640/84) was served with a memo dated 12th March, 1984 (Annexure-E) cancelling his examination, on the ground that he had secured less than 40% marks in the qualifying B.Com. Examination. The petitioner Ram Lakhan Gupta (Misc. Petition No. 2471/84) had appeared in the first paper on 31st March, 1984, but before he could appear in the second paper, he was also served a similar memo, cancelling his examination on the same ground, that is to say, he too has secured less than 40% of marks in B.Com Examination. These are the two orders in these petitions which are under challenge under Art.226 of the Constitution of India.

(3.) The respondents Nos. 1 and 2 alone have filed their separate returns in Misc. Petition No. 2640/84 which have been adopted in other petition also (Misc. Petition No. 2472/84). In their returns, the respondents Nos. 1 and 2 had taken the stand that the respondent No. 3 had admitted the two petitioners in LL.B. Part-I against the rules of admission framed by the Bar Council of India and, therefore, their admission as well as examination was rightly cancelled by the respondent-University, by the impugned orders. It has been stated that in accordance with the R.5 of the Rules framed by the Bar Council of India, no student is eligible for admission to the course of instruction in law unless he had, inter alia, obtained at least 40% marks in the qualifying examination. The respondents have thus relied on R.5 and the instruction (Annexure-R-1) issued by the Bar Council of India in that behalf and have thereby supported the action taken by the University.