Conducting Exams For LLB Admissions- University Rules Prevails Over Bar Council Of India Rules: Gujarat High Court

Briefly, the facts of the case are that the petitioner appeared for B.Com examination and out of 7 subjects, failed in 2 subjects. However, the petitioner appeared for these two subjects in re-examination and passed on his second try. He then submitted an application before the respondent University seeking admission for a 3 year L.L.B degree.

The respondent rejected his application on the ground that he had appeared twice for his B.Com examination and since he cleared them on his second try, he was declared pass only with an 'exemption'. Thus, he had not secured the percentage required for admission and was ineligible for the same. The admission process was conducted under the Bar Council of India and the respondent University. It was further impounded that the mark-sheet issued was under Ordinance-154(d) exemptions.

The petitioner wrote a letter to the Chairman Secretary, Bar Council of Gujarat who stated that the petitioner has secured 45.57% and was eligible for getting admission. However, the respondent-University reiterated that if a student had given two attempts, his percentage could not be calculated on basis of both the mark-sheets. As per the Rule of Bar Council of India, a student belonging to Open / General category had to have minimum 45% to secure admission in 3 years L.L.B. course and therefore, the petitioner was not eligible for getting admission.

The petitioner contended that the exclusion of petitioner on the basis of the number of attempts made by him was arbitrary. Thus, petitioner sought relief that he may not be granted a degree with exemption in view of the fact that the case of the petitioner falls under the provisions of Ordinance No. 154 of the Saurashtra University Act and as the said Ordinance, once a candidate seeks exemption, the candidate shall not be eligible for class or for university awards.

Here, the court held that the petitioner, having availed exemption under the provision of Ordinance- 154, would be held to be ineligible to pursue the LLB course, having cleared 3rd year B.Com with 'pass class'. This is because pass class was 36% and not 45.57%, and therefore, no error was committed by the respondent-University

The court further interpreted Ordinance 154 of the University to clarify its position. It found that the petitioner appeared in 3rd year B.Com examination and was declared 'fail' in 2 subjects. The petitioner again appeared for 2 subjects, for which he was declared pass and claimed exemption for other subjects. Having claimed an exemption, Ordinance 154 of the Saurashtra University Act became applicable.

The court relied on the judgments of Principal, Patna College, Patna v/s. Kalyan Srinivias Raman (AIR 1966 SC 707) and Devendra Bhaskar v. State of Haryana & Ors., 2021 (11) SC 444 in which the provisions of Ordinance 154 of the Saurashtra University Act and the Rule-7 of the Bar Council of India Education Rules, 2008 was considered. While considering these provisions, it was held by the court that if the candidate passed the examination in more than one trial/attempt, he would have the benefit of exemption in few papers but he would be considered as having passed the examination with minimum percentage of marks. Thus, in the present case, the court opined that–

"Mark- sheet duly produced clearly states that the petitioner has secured 'pass class'. Further, the eligibility as prescribed by the University cannot be overlooked and the petitioner cannot be said to have eligible and to have secured minimum 45% as prescribed by the Bar Council of Gujarat for securing admission in L.L.B. course. The issue with regard to the eligibility criteria is required to be considered by the respondent – University. This Court otherwise cannot sit in an Appeal to a decision taken by an expert body, and therefore, this Court is not inclined to interfere under Article- 226 of the Constitution of India."

The court further held that the Rules of the Bar Council of India do not provide for conducting of examination and result thereof. The Rules only suggest that a candidate must possess 45% marks for securing the admission in law course/ L.L.B. course. Thus, University Ordinance No. 154 prevails over the Rules of the Bar Council of India.

Thus, the Court was not inclined to exercise its extraordinary jurisdiction under Article 226 of the Constitution of India and the petition was accordingly dismissed.

Case Title : MADHUSUDAN GUNVANTRAY PANDYA Versus SAURASHTRA UNIVERSITY

Citation: 2022 LiveLaw (Guj) 241

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