AJAY MALIK Vs. PUNJAB UNIVERSITY

JUDGEMENT

(1.) The primary question of law which arises for decision in this petition under Art. 226 of the Constitution of India is whether the Punjab University, Chandigarh (hereinafter called, 'the University'), constituted under the Punjab University Act, 1947 (for short, 'the Act') could fix a condition of eligibility for admission to the first year class of the LL.B. course, which is higher than the minimum qualification prescribed by the Bar Council of India under S. 49(1)(af) of the Advocates Act, 1961 (referred to hereinafter as 'the 1961 Act').

(2.) Brief facts leading to the filing of the petition are as follows :- The petitioner who obtained a degree of Bachelor of Arts from the Delhi University in the year 1990-91 securing 40. 78% marks, applied for admission to the first year class of the LL.B. course of the University. It is not disputed that 15 seats in the Department of Laws were reserved for Sportsmen and the petitioner who claims to be an outstanding sportsman, applied for one of these reserved seats. It is his case that on the basis of his past performance in sports, particularly in the game of cricket and the trials conducted on 17/09/1991 by the Sports Committee of the University, he was recommended by the said committee for admission to the first year class of the LL.B. course, but, in spite of this, the Law Department did not call him for interview whereas candidates much lower to him in the sports category had been admitted. The only reason for refusing admission to the petitioner was that he was found ineligible inasmuch as he did not fulfil the requirement of 45% of the aggregate marks in the Bachelor's degree which was the minimum prescribed by the University for seeking admission to the said course. The petitioner contended that since he possessed the minimum qualification required for admission to a course for a degree in law as prescribed by the Bar Council of India in exercise of the power conferred on it by S. 49(1)(af) of the 1961 Act, he was eligible to be admitted to the course or at least to be considered for admission for one of the seats reserved for sportsmen and the said minimum qualification of Bachelor's degree was binding on the University which could not prescribe any higher qualification for the purpose.

(3.) Before dealing with the contentions raised on behalf of the petitioner, it is necessary to refer to the relevant provisions of the Regulations framed by the University in regard to the admission to the Department of Laws, Ss. 7 and 49 of the 1961 Act and the Bar Council of India Rules framed thereunder :- "Punjab University Calendar Volume II, 1988. 'Faculty of Law' Bachelor of Laws