The Gujarat High court recently comprising of a bench of a single-judge bench of Justice Vaibhavi D. Nanavati held that in terms of conduction of examination and results for admission to LLB course, the rules of a University would prevail over the Rules of Bar Council of India.
The Court has upheld the rules framed by the Saurashtra University that if a student clears the graduation after two attempts, then he will be considered only as a pass class and his percentage would not be considered for subsequent admission to LLB course.
Facts of the case
Morbi resident Madhusudan Pandya had appeared for 3rd BCom examination conducted in March 2007 in which out of total 7 subjects, he had failed in statistics and management accounting. He appeared in re-examination conducted by the university in March 2008 in the two subjects and secured 45.57%.
Later he enrolled in LLB in the college affiliated to the SU in September 2020 and after some months, the college rejected his application citing ordinance 154.
After the Petitioner made a representation to the Respondent, the latter stated that since petitioner has given 2 tries in 3rd year B.com and was declared pass with 'Exemption'. Therefore, the percentage cannot be counted and as per the Rules of the Bar Council of India, students of Open/General category are required to secure 45%, O.B.C. category 42% and S.T. category 40% minimum to secure admission and since the petitioner belonging to Open/ General category has so called not secured 45% is ineligible to secure admission.
He wrote to the Bar Council of India which opined that he is eligible for admission but the varsity didn’t consider his case. Eventually, he filed a petition in the HC.
Courts Observation and Judgment
The bench observed, "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–
"The aforesaid judgments as relied upon by the petitioner are not relevant for deciding the eligibility of the petitioner for admission in the law course. The petitioner passed with 2nd attempts / trials and appeared only in the two subjects i.e. Statistics and Management Accounting, in which he declared failed. The Ordinance – 154 framed by the Saurashtra University for ‘exemption’ comes into play. Admittedly, the petitioner appeared in 3rd year B.Com examination held in March, 2007 and was declared ‘fail’ in 2 subjects. The petitioner again appeared for 2 subjects only in March, 2008, for which he was declared pass and claimed exemption for other subjects. The petitioner could not clear 3rd year B.Com. Examination in the year March, 2008 only in 2nd attempt and he could not clear the examination in 1st attempt. Having claimed exemption, Ordinance 154 of the Saurashtra University Act comes into play.
This Court in aforesaid decisions has considered the provisions of Ordinance 154 of the Saurashtra University Act and considered the Rule-7 of the Bar Council of India Education Rules, 2008 and held that if the candidate passed the examination in more than 1 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. In the present case, the mark- sheet duly produced at Annexure-A (pg-10-11) 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.
The bench dismissing the petition remarked, "In view of above, the Rules of Bar Council of India do not provide for conducting of examination and result thereof. The Rule only suggests that a candidate must possess 45% marks for securing the admission in law course/ L.L.B. course. The University Ordinance No. 154 as referred above prevails over the Rules of the Bar Council of India and when the petitioner had passed B.Com. Examination with ‘exemption’ i.e. in ‘pass class’ and on 2nd attempts, he is not eligible for admission into L.L.B. course."
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