Sarath Prathap.S vs State Of Kerala
2022 Latest Caselaw 10568 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
      THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
  TUESDAY, THE 11TH DAY OF OCTOBER 2022 / 19TH ASWINA, 1944

                   WP(C) NO. 33322 OF 2016

PETITIONER/S:

           V.ANJU
           D/O V. ARAVINDAKSHAN,
           AGED 21 YEARS,
           PERMANENTLY RESIDING AT GANGA, VALLOLI,
           P.O.CHOOLUR, NIT, KOZHIKODE-673601.

           BY ADVS.
           SRI.C.S.MANU
           SRI.S.K.PREMRAJ

RESPONDENT/S:

    1      UNION OF INDIA
           REPRESENTED BY THE SECRETARY TO THE MINISTRY OF LAW AND
           JUSTICE, 4TH FLOOR,SHASRI BHAVAN,
           NEW DELHI-110001.

    2      BAR COUNCIL OF INDIA
           21, ROUSE AVENUE INSTITUTIONAL AREA,
           NEAR BAL BHAWAN, NEW DELHI-110031,
           REPRESENTED BY ITS CHAIRMAN.

    3      BAR COUNCIL OF KERALA
           BAR COUNCIL BHAVAN, HIGH COURT CAMPUS,
           ERNAKULAM, KOCHI-682031,
           REPRESENTED BY ITS CHAIRMAN.

    4      BHAVANS PALSAR LAW SCHOOL
           BHAVANS ROAD, RAMANATTUKARA,KOZHIKODE-673633
           REPRESENTED BY ITS PRINCIPAL.

    5      UNIVERSITY OF CALICUT
           P.O.TENHIPALAM, MALAPPURAM,-673635,
           REPRESENTED BY ITS REGISTRAR.

           BY ADV SRI.H.GOPAKUMAR, CGC
           SRI RAJIT SC
 WP(C) NO. 33322 OF 2016 &
Conn. cases
                             2


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 11.10.2022, ALONG WITH WP(C).33905/2016, 34023/2016 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C) NO. 33322 OF 2016 &
Conn. cases
                                3


            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
        THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
  TUESDAY, THE 11TH DAY OF OCTOBER 2022 / 19TH ASWINA, 1944

                    WP(C) NO. 33905 OF 2016

PETITIONER/S:

           ANTONY T ALAPATT
           AGED 21, S/O. TAJ ANTONY,
           ALAPPATT HOUSE, OLLUR P.O., THRISSUR.

           BY ADVS.
           SRI.G.KRISHNAKUMAR
           SMT.M.L.REMYA

RESPONDENT/S:

    1      COMMISSIONER OF ENTRANCE EXAMINATIONS
           SANTHI NAGAR, THIRUVANANTHAPURAM-695 001.

    2      STATE OF KERALA
           REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
           HIGHER EDUCATION (C) DEPARTMENT,
           GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.

    3      BAR COUNCIL OF INDIA
           21, ROUSE AVENUE, INSTITUTIONAL AREA,
           NEW DELHI-110 002, REPRESENTED BY ITS SECRETARY.

    4      LEGAL EDUCATION COMMITTEE
           BAR COUNCIL OF INDIA, 21, ROUSE AVENUE,
           INSTITUTIONAL AREA, NEW DELHI-110 002,
           REPRESENTED BY ITS CHAIRMAN.

    5      UNION OF INDIA
           REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
           MINISTRY OF LAW & JUSTICE, NEW DELHI-110 001.

    6      THE PRINCIPAL
           NEHRU ACADEMY OF LAW, LAKKIDI,
           MANGALAM P.O., PALAKKAD-679 301.
 WP(C) NO. 33322 OF 2016 &
Conn. cases
                              4



           BY ADV ASSISTANT SOLICITOR GENERAL


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 11.10.2022, ALONG WITH WP(C).33322/2016 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 33322 OF 2016 &
Conn. cases
                               5


            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
        THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
   TUESDAY, THE 11TH DAY OF OCTOBER 2022 / 19TH ASWINA, 1944
                    WP(C) NO. 34023 OF 2016
PETITIONER/S:

           N. PRAKASH
           AGED 52 YEARS
           PRAJITH VIHAR, AYINI NADA ROAD,
           MARADU P.O, ERNAKULAM DISTRICT.

           BY ADV N. PRAKASH (PARTY -IN-PERSON)

RESPONDENT/S:

    1      THE BAR COUNCIL OF INDIA
           REPRESENTED BY ITS SECRETARY, BAR COUNCIL OF INDIA 21,
           ROUSE AVENUE INSTITUTIONAL AREA,
           NEAR BAL BHAVAN, NEW DELHI 110 002.

    2      THE COMMISSIONER FOR ENTRANCE EXAMINATIONS
           FIFTH FLOOR, HOUSING BOARD BUILDINGS,
           SANTHI NAGAR, THIRUVANANTHAPURAM 695 001.

    3      STATE OF KERALA
           REPRESENTED BY ITS PRINCIPAL SECRETARY,
           HIGHER EDUCATION (C) DEPARTMENT,
           GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695 001.

    4      MAHATMA GANDHI UNIVERSITY
           REPRESENTED BY ITS REGISTRAR,
           PRIYADARSINI HILLS P.O, ATHIRAMPUZHA, KOTTAYAM 686 560.

           BY ADVS.
           SRI.K.G.GOPAKUMAR
           SRI.ASOK M. CHERIAN, SC, M.G. UNIVERSITY
           SRI.JOSEPH RONY JOSE
           SMT.JYOTHI ABRAHAM

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 11.10.2022, ALONG WITH WP(C).33322/2016 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 33322 OF 2016 &
Conn. cases
                               6


            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
        THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
  TUESDAY, THE 11TH DAY OF OCTOBER 2022 / 19TH ASWINA, 1944

                    WP(C) NO. 34226 OF 2016
PETITIONER/S:

           GANESH BHAT R.
           S/O. RAMACHANDRA BHAT,
           AGED 39,
           48/1853, SURYA HOMES, SECOND FLOOR,
           SWAMIPADY ROAD, ELAMAKKARA, KOCHI.

           BY ADVS.
           SRI.R.LAKSHMI NARAYAN
           SRI.M.ASHOK KINI
           SMT.R.RANJANIE

RESPONDENT/S:

    1      STATE OF KERALA
           REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
           HIGHER EDUCATION (C) DEPARTMENT,
           GOVERNMENT SECRETARIAT, THIRUVNANATHAPURAM-695 001.

    2      COMMISSIONER OF ENTRANCE EXAMINATIONS
           SANTHI NAGAR, THIRUVANANTHAPURAM-695 001.

    3      BAR COUNCIL OF INDIA
           21 ROUSE AVENUE, INSTITUTIONAL AREA,
           NEW DELHI- 110002.
           REPRESENTATION BY ITS SECRETARY.

    4      UNION OF INDIA
           REPRESENTED BY ITS SECRETARY TO GOVERNMENT
           MINISTRY OF LAW & JUSTICE, NEW DELHI- 110001.

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 11.10.2022, ALONG WITH WP(C).33322/2016 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 33322 OF 2016 &
Conn. cases
                               7


            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
        THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
   TUESDAY, THE 11TH DAY OF OCTOBER 2022 / 19TH ASWINA, 1944
                    WP(C) NO. 34227 OF 2016
PETITIONER/S:

           JOSEPH VERGHESE C.
           AGED 37, S/O. LATE ADV. C.J. VARGHESE,
           HOUSE NO. 130 CHIRIYANKANDATH HOUSE,
           HARITHA NAGAR, KSHB COLONY, MULANKUNNATHUKAVU POST.,
           THRISSUR DISTRICT, PIN- 680 581.

           BY ADVS.
           SRI.N.M.MADHU
           SMT.C.S.RAJANI

RESPONDENT/S:

    1      STATE OF KERALA
           REPRESENTED BY ITS SECRETARY TO THE
           DEPARTMENT OF HIGHER EDUCATION,
           GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM.

    2      THE COMMISSIONER FOR ENTRANCE EXAMINATIONS
           HOUSING BOARD BUILDING, SANTHI NAGAR,
           THIRUVANANTHAPURAM-695 001.

    3      BAR COUNCIL OF INDIA
           REPRESENTED BY ITS CHAIRMAN, 21, ROUSE AVENUE
           INSTITUTIONAL AREA, NEW DELHI- 110 002.
    4
           UNION OF INDIA
           REPRESENTED BY IT'S SECRETARY TO GOVERNMENT MINISTRY OF
           LAW & JUSTICE, NEW DELHI- 110 001.

    5      AL-AMEEN LAW COLLEGE
           REPRESENTED BY ITS PRINCIPAL PATTAMBI POST,
           PALAKKAD DISTRICT PIN- 679 303.

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 11.10.2022, ALONG WITH WP(C).33322/2016 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 33322 OF 2016 &
Conn. cases
                               8



            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
        THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
   TUESDAY, THE 11TH DAY OF OCTOBER 2022 / 19TH ASWINA, 1944
                    WP(C) NO. 34233 OF 2016
PETITIONER/S:

           SARATH PRATHAP.S
           AGED 24 YEARS
           A3, MAYURA HOMES, PUNNAKAL,
           ELAMAKKARA P.O., KOCHI-682 026.

           BY ADVS.
           DR.K.P.SATHEESAN (SR.)
           SRI.P.MOHANDAS ERNAKULAM
           SRI.K.SUDHINKUMAR
           SRI.S.VIBHEESHANAN

RESPONDENT/S:

    1      STATE OF KERALA
           REPRESENTED BY THE SECRETARY, HIGHER EDUCATION
           DEPARTMENT, GOVERNMENT SECRETARIAT,
           THIRUVANANTHAPURAM-695 001.

    2      THE COMMISSIONER FOR ENTRANCE EXAMINATIONS
           SANTHI NAGAR, HOUSING BOARD BUILDINGS
           THIRUVNANTHAPURAM-695 001.

    3      BAR COUNCIL OF INDIA
           REPRESENTED BY ITS SECRETARY, 21,
           ROUSE AVENUE INSTITUTIONAL AREA,
           NEW DELHI-110 002

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 11.10.2022, ALONG WITH WP(C).33322/2016 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 33322 OF 2016 &
Conn. cases
                               9


            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
        THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
  TUESDAY, THE 11TH DAY OF OCTOBER 2022 / 19TH ASWINA, 1944

                    WP(C) NO. 34234 OF 2016

PETITIONER/S:

           VIVEK THOMAS
           S/O. P.T THOMAS,
           AGED 20 YEARS,
           PUTHIYAPARAMBIL HOSUE, VYLASSERY ROAD,
           PALARIVATTOM, ERNAKULAM DISTRICT.

           BY ADVS.
           SRI.C.S.AJITH PRAKASH
           SMT.V.C.ARCHANA
           SRI.T.K.DEVARAJAN
           SRI.A.TJOSE
           SRI.PAUL C THOMAS

RESPONDENT/S:

    1      STATE OF KERALA
           REPRESENTED BY PRINCIPAL SECRETARY,
           HIGHER EDUCATION (C) DEPARTMENT,
           GOVERNMENT SECRETARIAT,
           THIRUVANANTHAPURAM-695 001.

    2      COMMISSIONER OF ENTRANCE EXAMINATIONS KERALA
           5TH FLOOR, KSHB BUILDING, SHANTHI NAGAR,
           THIRUVANANTHAPURAM, KERALA-695 001

    3      BAR COUNCIL OF INDIA
           REPRESENTED BY ITS SECRETARY,
           BAR COUNCIL OF INDIA, 21,
           ROUSE AVENUE INSTITUTIONAL AREA, NEW DELHI- 110 002.

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 11.10.2022, ALONG WITH WP(C).33322/2016 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 33322 OF 2016 &
Conn. cases
                               10


            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
        THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
  TUESDAY, THE 11TH DAY OF OCTOBER 2022 / 19TH ASWINA, 1944

                    WP(C) NO. 34237 OF 2016
PETITIONER/S:

           ATHUL SATHYAN,
           AGED 22 YEARS
           S/O. SRI. M.P. SATHYA NARAYANAN,
           VILLA NO.7, AYSWARYA GARDENS,
           KUTTOOR, THRISSUR-680013,
           (NOW RESIDING AT 13D, LINK HERITAGE PACHALAM ROAD,
           KACHERIPADY, KOCHI- 682018.

           BY ADVS.
           SRI.S.EASWARAN
           SRI.M.A.AUGUSTINE
           SRI.P.MURALEEDHARAN IRIMPANAM
           SMT.SOUMYA JAMES
           SRI.P.SREEKUMAR THOTTAKKATTUKARA

RESPONDENT/S:

    1      STATE OF KERALA,
           REPRESENTED BY THE PRINCIPAL SECRETARY,
           HIGHER EDUCATION (C) DEPARTMENT,
           GOVERNMENT SECRETARIAT,
           THIRUVANANTHAPURAM. PIN- 695 001.

    2      THE BAR COUNCIL OF INDIA
           21, ROUSE AVENUE, INSTITUTIONAL AREA,
           DELHI- 110002.

    3      THE COMMISSIONER FOR ENTRANCE EXAMINATIONS
           HOUSING BOARD BUILDINGS, SANTHI NAGAR,
           THIRUVNANTHAPURAM- 695 001.

    4      LEGAL EDUCATION COMMITTEE
           BAR COUNCIL OF INDIA, 21, ROUSE AVENUE,
           INSTITUTIONAL AREA NEW DELHI-110 002,
           REPRESENTED BY IT'S CHAIRMAN.
 WP(C) NO. 33322 OF 2016 &
Conn. cases
                              11



    5      UNION OF INDIA
           REPRESENTED BY THE SECRETARY TO GOVERNMENT,
           MINISTRY OF LAW & JUSTICE, NEW DEHI- 110 001.

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 11.10.2022, ALONG WITH WP(C).33322/2016 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 33322 OF 2016 &
Conn. cases
                               12



            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
        THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
  TUESDAY, THE 11TH DAY OF OCTOBER 2022 / 19TH ASWINA, 1944

                    WP(C) NO. 34258 OF 2016

PETITIONER/S:

           RAJI S.
           AGED 35 YEARS,
           D/O. MANIYA KURUP, ADITHI,
           CHENNANKULANGARA ROAD,
           EDAPPALLY P.O., KOCHI.

           BY ADV SMT. T. KAMALA MENON

RESPONDENT/S:

    1      THE UNION OF INDIA
           REPRESENTED BY THE SECRETARY,
           MINISTRY OF LAW AND JUSTICE,
           GOVERNMENT OF INDIA, NEW DELHI-110001.

    2      THE NATIONAL LEGAL KNOWLEDGE COUNCIL
           NEW DELHI-110001.

    3      THE SECRETARY
           BAR COUNCIL OF INDIA, 21,
           ROUSE AVENUE INSTITUTIONAL AREA,
           NEAR BALBHAVAN, NEW DELHI-110001.

    4      THE CHAIRMAN
           LEGAL EDUCATION COMMITTEE,
           BAR COUNCIL OF INDIA, 21,
           ROUSE AVENUE INSTITUTIONAL AREA,
           NEAR BALBHAVAN, NEW DELHI-110001.

    5      THE GOVERNMENT OF KERALA
           REPRESENTED BY THE SECRETARY,
           DEPARTMENT OF HIGHER EDUCATION,
           STATE SECRETARIAT, THIRUVANANTHAPURAM-695001.
 WP(C) NO. 33322 OF 2016 &
Conn. cases
                              13



    6      THE SECRETARY
           DEPARTMENT OF HIGHER EDUCATION,
           STATE SECRETARIAT, THIRUVANANTHAPURAM-695001.

    7      COMMISSIONER FOR ENTRANCE EXAMINATION
           HOUSING BOARD BUILDINGS, SANTHI NAGAR,
           THIRUVANANTHAPURAM-695001.

    8      THE KERALA BAR COUNCIL
           HIGH COURT BUILDING, ERNAKULAM-682031.

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 11.10.2022, ALONG WITH WP(C).33322/2016 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 33322 OF 2016 &
Conn. cases
                                14


            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
        THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
  TUESDAY, THE 11TH DAY OF OCTOBER 2022 / 19TH ASWINA, 1944

                    WP(C) NO. 34261 OF 2016

PETITIONER/S:

    1      JITHIN.S
           S/O. JANAKAN,
           AGED 22 YEARS, SUJATHA BHAVAN,
           AMPALATHUMKALA P.O., EZHUKONE, KOLLAM.

    2      DONE JACOB
           D/O. JACOB GEORGE,
           AGED 21 YEARS, VELLIKKARA HOUSE,
           KOTTANGAL P.O., CHUNKAPPARA, PATHANAMTHITTA.

    3      MALU S.
           D/O. SHAJIKUMAR,
           AGED 23 YEARS, M.M.NIVAS, KIZHAVOOR,
           MUKHATHALA P.O., KOLLAM.

           BY ADVS.
           SRI.A.JANI(KOLLAM)
           SRI.P.PRIJITH

RESPONDENT/S:

    1      STATE OF KERALA
           REPRESENTED BY ITS PRINCIPAL SECRETARY,
           HIGHER EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT,
           THIRUVANANTHAPURAM-695001.

    2      THE COMMISSIONER OF ENTRANCE EXAMINATIONS
           HOUSING BOARD BUILDING, THIRUVANANTHAPURAM-695001.

    3      BARA COUNCIL OF KERALA
           BAR COUNCIL BUILDING COMPLEX, HIGH COURT CAMPUS,
           COCHIN-31, REPRESENTED BY ITS SECRETARY.
 WP(C) NO. 33322 OF 2016 &
Conn. cases
                              15


    4      BAR COUNCIL OF INDIA
           21, ROUSE AVENUE INSTITUTIONAL AREA,
           NEAR BAL BHAWAN, NEW DELHI-110002,
           REPRESENTED BY ITS SECRETARY.

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 11.10.2022, ALONG WITH WP(C).33322/2016 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 33322 OF 2016 &
Conn. cases
                                            16


                                     JUDGMENT

The petitioners in all these cases are students who have applied for the

Entrance Examination conducted by the State of Kerala for admission to the

Integrated Five-year LLB Course for the academic year 2016-2017. The

petitioners have approached this Court challenging the proceedings initiated

by the Commissioner of Entrance Examinations prescribing a maximum age

limit of 20 years for admission to the Five-year Integrated LL.B Course. They

have sought for a declaration that the age restrictions in Clause 28(a) of Legal

Education Rules framed by the Bar Council of India is ultra vires the

provisions of the Advocates Act and violative of the fundamental rights

guaranteed to the petitioners and for ancillary reliefs.

2. The petitioners contend that they all had applied for the Entrance

Examination for integrated Five-year LL.B course pursuant to the notification

dated 28.7.2016, issued by the Commissioner of Entrance Examination. In the

notification, insofar as the age of the application is concerned, the clause

reads as under:

"6. Eligibility of Admission:

(iii) Age: The applicant should have completed 17 years of age, as on 31.12.2016. There is no upper age limit for admission to the Integrated Five Year LL.B course."

WP(C) NO. 33322 OF 2016 & Conn. cases

3. The petitioners would refer to the prospectus, which

accompanied the notification for admission to the Integrated Five-year LL.B

course and would specifically refer to Clause 6 (iii) which provides for age

criteria. The said provisions read thus:

"6 (iii) Age. The applicant should have completed 17 years of age,

as on 31.12.2016. There is no upper age limit for admission to the

integrated five year LL.B Course".

4. The petitioners contend that taking note of the scores obtained by

them, admit cards were issued, provisionally admitting them for appearing in

the Entrance Examination subject to satisfying the criteria. In tune with the

same, the petitioners appeared for the Entrance Examination and they all

have been included in the rank list.

5. According to the petitioners, the Bar Council of India based on

the observations and directions issued by the Madras High Court has issued

letter dated 17.9.2016 directing the Vice Chancellor/Registrar of all

Universities as well as the Principals of the said Colleges requesting to comply

with clause 28 of the Legal Education Rules, 2008. Consequently, proceedings

were issued by the 3rd respondent ordering that, for admission to the

Integrated Five-year LL.B course 2016-2017, upper age limit has been

prescribed and directions were issued to submit the Date of Birth Certificate WP(C) NO. 33322 OF 2016 & Conn. cases

evidencing age proof. As per clause 28(a), aspirants for admission to the

Integrated Five-year LL.B course shall not cross the upper age of 20 years.

6. The petitioners contend that pursuant to the judgment rendered

by the Madras High Court, the Government of Kerala has amended Ext.P3

prospectus by issuing an order dated 21.10.2016 vide No.

GO(Ms.)213/2016/H.Edn., incorporating a condition that the upper age limit

for seeking admission to Integrated Five-year LL.B course would be 20 years.

Pursuant to the same, the Commissioner of Entrance Examination has issued

notification dated 22.10.2016 requiring the candidates in the provisional rank

list to submit the documents in proof of their date of birth. As per the said

notification issued by the CEE, those who have not crossed the age of 20

years as on the date of initial notification alone are eligible for admission.

7. The petitioners contend that the action of the respondents in

amending the prospectus after conducting the entrance examination and

publication of the provisional ranked list is arbitrary, irrational and illegal. The

petitioners had all acted upon the prospectus as well as the admission

notification issued on 28.7.2016, and there was no justification on the part of

the respondents in changing the rules of the game after the process had

started. It is further stated that the Bar Council of India had earlier

withdrawn clause 28 vide Resolution No. 200 of 2013, removing the age WP(C) NO. 33322 OF 2016 & Conn. cases

restriction for admission to the course. According to the petitioners, the

amendment to the prospectus could have been made applicable only

prospectively and not in respect of persons like the petitioners who acted

upon the same. It is on these contentions that they have approached this

Court seeking directions to the respondents to finalize the admission to the

integrated five-year LLB Course, 2016 in terms of the prescribed Rank List

already published and also for a declaration that the age limit in Clause 28 of

the Legal Education Rules, 2008 cannot be enforced as against the petitioners

herein.

8. When the matter had come up for admission, a learned Single

Judge of this Court after considering the contentions advanced by all sides

had issued an order dated 25.10.2016 which is extracted below for

convenience.

"In these batch of writ petitions, petitioners are candidates who had applied for admission to the LLB course, 5 year as well as 3 year. Their concern is about the restriction regarding the upper age limit fixed by virtue of an order issued by the Government on 21.10.2016 after the written examination. The said Government Order came to be issued, based on instruction issued by the Bar Council of India on 17.09.2016, wherein, the Bar Council had intimated all Universities and the Principals of all Law Colleges to comply with the provisions of Clause 28 of Legal Education Rules, 2008.

2. Petitioners have a case that the aforesaid Clause 28 has already been struck down as unconstitutional by a Division Bench of the Punjab and Haryana WP(C) NO. 33322 OF 2016 & Conn. cases

High Court in Rajan Sharma v. The Bar Council of India and another. Further, a similar view had been taken by the Allahabad High Court in Devasheesh Pathak & Ors v. Bar Council of India & Ors. That apart, the Bombay High Court in a public interest littigation has observed that since Clause 28 is declared to be unconstitutional, the issue no longer survives to be decided and cannot be enforced.

3. On the other hand, the learned counsel appearing for Bar Council of India submits that the validity of Clause 28 was under challenge before the Madras High Court in Santhosh Antony Vareed v. Government of Tamil Nadu. The validity of Clause 28 had been upheld by the Madras High Court. The matter was taken up before the Apex Court. The said Special Leave Petition came to be dismissed. Subsequently, another W.P.(C.) No. 11400/2013 was filed before the Madras High Court, to implement Clause 28. The Madras High Court allowed the writ petition. The matter was taken up before the Apex Court. The Apex Court appointed a Committee to look into the validity of the Rules and accordingly, it was suggested that such age relaxation has to be imposed. It is further submitted that in the meantime, the Punjab and Haryana High Court had declared Clause 28 as unconstitutional. The matter was again taken up before the Apex Court. In the mean time, the Bar Council of India appointed a one man Committee to look into the validity of the Rules who suggested that the Rule has to be withdrawn. Hence Clause 28 was withdrawn. The Special Leave Petition was also withdrawn. Deletion of Clause 28 came to be challenged before the Madras High Court and the Madurai Bench has now declared that resolution as illegal. It is therefore submitted that this is a rule which had been considered by the Apex Court based on the decision taken by the Committee constituted for the said purpose.

Be that as it may, as matters stand now, there is substantial controversy regarding the validity of the rule which is to be considered in the present batch of writ petitions without which it may not be possible for this Court to give a finality to the rival contentions urged by both the parties. In so far as the Bar Council had requested State Government to rely upon Clause 28 after the WP(C) NO. 33322 OF 2016 & Conn. cases

examination result had been published, it would be appropriate that all the candidates be permitted to participate in the selection process irrespective of the condition imposed in Clause 28 for the time being. Accordingly, the notification dated 21/10/2016 of the Government shall stand stayed until further orders. The appropriate authority shall permit all the candidates to participate in the selection process irrespective of upper age limit. This order shall be made applicable to all the candidates who had applied for admission. The Commissioner of Entrance Examination shall extend the period for uploading the particulars for a further period of two days from today."

It appears that, in terms of the interim order dated 25.10.2016, all the

petitioners herein were admitted to the course, and most of them have

completed the same.

9. I find that, in the notification as well as the prospectus, there

was no upper age limit, and the same was brought in only after the

petitioners had appeared for the entrance examination and had got their

names included in the ranked list. This court, by order dated 25.10.2016, had

stayed the notification dated 21/10/2016 issued by the Government and had

permitted all the candidates to participate in the selection process irrespective

of the upper age limit. Now that the students have completed the course on

the strength of the interim order passed by this Court, I do not think that it

would subserve the interest of justice in wiping of the academic years

undergone by the students. Taking note of the subsequent events that had

transpired pursuant to the interim order issued by this Court, I am of the WP(C) NO. 33322 OF 2016 & Conn. cases

considered opinion that it would only be in the interest of justice to make the

interim order absolute and close these writ petitions.

The petitioners shall be entitled to receive the certificates on their

successful completion of the course.

Sd/-

RAJA VIJAYARAGHAVAN V JUDGE

avs WP(C) NO. 33322 OF 2016 & Conn. cases

APPENDIX OF WP(C) 33905/2016

PETITIONER EXHIBITS

EXHIBIT P1 COPY OF THE RELEVANT PAGES OF THE PROSPECTUS FOR ADMISSION FOR THE YEAR 2016-2017 TO THE INTEGRATED 5 YEAR L.L.B. COURSE IN KERALA.

EXHIBIT P2 COPY OF THE GO(RT)NO.1982/2016/H.EDN. DATED 27.7.2016 APPROVING EXHIBIT P1 PROSPECTUS BY THE 2ND RESPONDENT.

EXHIBIT P3 COPY OF THE ADMIT CARD ISSUED TO THE PETITIONER FOR ENTRANCE EXAMINATION FOR INTEGRATED 5 YEAR LLB BY THE 1ST RESPONDENT.

EXHIBIT P4 COPY OF THE RELEVANT PAGES OF THE RANK LIST PUBLISHED BY THE 1ST RESPONDENT FOR ADMISSION TO THE INTEGRATED 5 YEAR LLB COURSE 2016-2017.

EXHIBIT P5 COPY OF THE CIRCULAR NO.BCD 1519 (LE-(GW)-6) DATED 17.9.2016 ISSUED BY THE 3RD RESPONDENT. WP(C) NO. 33322 OF 2016 & Conn. cases

APPENDIX OF WP(C) 34023/2016

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE COMMUNICATION NO BCI;D/09/2016 (RTI-130/LE) DATED 16-02-2016 ISSUED BY THE ASSISTANT SECRETARY/ CPIO, BAR COUNCIL OF INDIA TO MR. GEEVAN T CHARLES, KOLENCHERY P.O.

EXHIBIT P2 TRUE COPY OFTHE JUDGMENT OF THE HON'BLE PUNJAB AND HARYANA HIGH COURT IN CWP NO 20966 OF 2010 & CONNECTED PETITIONS DATED 20-10-2011

EXHIBIT P3 TRUE COPY OF THE JUDGMENT OF THE SUPREME COURT IN SLP (C) NOS 26958 TO 26962 OF 2013 DATED 05-01-2015

EXHIBIT P4 TRUE COPY OF THE NOTIFICATION DATED 28-09-2013 ISSUED BY THE FIRST RESPONDENT.

EXHIBIT P5 TRUE COPY OF THE JUDGMENT OF THE HON'BLE SUPREME COURT DATED 11-12-2015 IN PETITION FOR SPECIAL LEAVE TO APPEAL (C) NO 33742 OF 2015

EXHIBIT P6 TRUE COPY OF THE CIRCULAR NO BCI D 1519 (LE:CIR)-6 DATED 17-09-2016 ISSUED BY THE FIRST RESPONDENT (DOWNLOADED FROM INTERNET)

EXHIBIT P7 TRUE COPY OF RELEVANT PAGES CONTAINING CLAUSE 6(III) OF THE PROSPECTUS FROM ADMISSION TO INTEGRATED FIVE YEAR LL.B COURSE 2016-17

EXHIBIT P8 TRUE COPY OF G.O (MS) NO 213/2016/H.EDN DATED 21-10-2016 ISSUED BY THE THIRD RESPONDENT.

EXHIBIT P9 TRUE COPYOF THE SCREEN SHOT OF THE WEBSITE HTTP://WWW.CEE-KERALA.ORG/INDEX.PHP/IIB-5-YEAR/II B 5-2016 SHOWING THE REINSTATEMENT OF UPPER AGE LIMIT ON 22-10-2016

EXHIBIT P10 TRUE COPY OFTHE JUDGMENT OF THE SUPREME COURT IN THE JOINT ACTION COMMITTEE OF AIRLINES PILOTS ASSOCIATIONS OF INDIA & ORS V. THE DIRECTOR GENERAL OF CIVIL AVIATION & ORS (DOWNLOADED FROM WP(C) NO. 33322 OF 2016 & Conn. cases

INTERNET)

EXHIBIT P11 TRUE COPY OF THE JUDGMENT IN STATE OF U.P & ORS VS HIRENDRA PAL SINGH ETC (ARISING OUT OF SLP (C) NOS 14992-93 OF 2010) DOWNLOADED FROM INTERNET. WP(C) NO. 33322 OF 2016 & Conn. cases

APPENDIX OF WP(C) 34226/2016

PETITIONER EXHIBITS

EXT. P1 THE PHOTOCOPY OF THE ADMIT CARD ISSUED TO PETITIONER.

EXT. P2 THE PHOTOCOPY OF RELEVANT PAGE OF SSLC BOOK OF PETITIONER.

EXT. P3 THE PHOTOCOPY OF THE RELEVANT PAGES OF THE PROSPECTUS 2016-2017 FOR LLB COURSE.

EXT. P4 THE PHOTOCOPY OF THE G.O. DATED 27.7.2016 EXT. P5 THE PHOTOCOPY OF THE RELEVANT PAGE OF THE RANK LIST ALONG WITH THE NOTIFICATION DATED 8.9.2016.

EXT. P6 THE PHOTOCOPY OF THE CIRCULAR DATED 17.9.2016. EXT. P7 THE PHOTOCOPY OF ORDER DATED 21.10.2016.

EXT. P8 THE PHOTOCOPY OF SCHEDULE III OF LEGAL EDUCATION RULES 2008.

EXT. P9 THE PHOTOCOPY OF THE NOTIFICATION DATED 22.10.2016.

EXT. P10 THE PHOTOCOPY OF JUDGMENT DATED 20.10.2011 BY HON'BLE PUNJAB JAND HARYANA HIGH COURT.

EXT. P11 THE PHOTOCOPY OF ORDER DATED 5.1.2015 BY HON'BLE APEX COURT.

WP(C) NO. 33322 OF 2016 & Conn. cases

APPENDIX OF WP(C) 34227/2016

PETITIONER EXHIBITS

EXT. P1 TRUE COPY OF THE ORDER ISSUED BY THE FIRST RESPONDENT ALONG WITH RELEVANT PAGES OF THE PROSPECTUS.

EXT. P2 TRUE COPY OF THE APPLICATION DATED 18.08.2016 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT.

EXT. P3 TRUE COPY OF THE ADMIT CARD ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER.

EXT. P4 TRUE COPY OF THE RELEVANT PAGES OF THE RANK LIST ISSUED BY THE 2ND RESPONDENT.

EXT. P5 TRUE COPY OF THE EQUIVALENCY CERTIFICATE ISSUED BY THE UNIVERSITY OF CALICUT.

EXT. P6 TRUE COPY OF THE MIGRATION CERTIFICATE ISSUED BY BHARATHIAR UNIVERSITY, COIMBATORE.

EXT. P7 TRUE COPY OF THE ORDER NO. G.O. (MS) NO. 213/2016/H.

EDN. DATED 21.10.2016.

EXT. P8 TRUE COPY OF THE LETTER NO. 1519(LE. CR)-6 DATED 17.09.2016 ISSUED BY THE THIRD RESPONDENT. WP(C) NO. 33322 OF 2016 & Conn. cases

APPENDIX OF WP(C) 34233/2016

PETITIONER EXHIBITS

EXT. P1 TRUE COPY OF THE RELEVANT PAGES OF THE PROSPECTUS FOR ADMISSION TO INTEGRATED FIVE YEAR LL.B COURSE, KERALA 2016-17.

EXT. P2 TRUE COPY OF THE RESULT OF ADMISSION TO INTEGRATED 5 YEARS LL.B COURSE 2016 PUBLISHED BY THE 2ND RESPONDENT.

EXT. P3 TRUE COPY OF THE CIRCULAR NO. BCI:D: 1519(LE:CIR)-6 DATED 17.09.2016 ISSUED BY THE 3RD RESPONDENT.

EXT. P4 TRUE COPY OF THE GOVERNMENT ORDER G.O.(MS) NO.

213/2016/H EDN. DATED 21.10.2016.

EXT. P5 NOTIFICATION NO. CEE/1128/2016/5LL.B/TA2 DATED 22.10.2016 ISSUED BY THE 2ND RESPONDENT.

EXT. P6 TRUE COPY OF THE ORDER DATED 27.06.2013 IN W.P.C NO. 15873/2013.

WP(C) NO. 33322 OF 2016 & Conn. cases

APPENDIX OF WP(C) 34234/2016

PETITIONER EXHIBITS

EXT. P1 A TRUE COPY OF THE G.O. (RT) NO. 1982/2016/H.EDN.

DATED 27.7.2016 ISSUED BY THE GOVERNMENT OF KERALA.

EXT. P2 A TRUE COPY OF THE NOTIFICATION NO.

CEE/1128/2016/5LLD/TA2 DATED 28.7.2016 ISSUED BY THE COMMISSIONER OF ENTRANCE EXAMINATIONS.

EXT. P3 A TRUE COPY OF THE RELEVANT PAGES OF THE PROSPECTUS FOR ADMISSION TO INTEGRATED 5 YEARS LLB COURSE, KERALA 2016-17 ISSUED BY THE COMMISSIONER OF ENTRANCE EXAMINATIONS.

EXT. P4 A TRUE COPY OF THE APPLICATION NO. 3004777 DATED 8.8.2016 SUBMITTED BY THE PETITIONER BEFORE THE COMMISSIONER OF ENTRANCE EXAMINATIONS.

EXT. P5 A TRUE COPY OF THE RELEVANT PAGES OF TEH RESULT (PROVISIONAL) PUBLISHED BY THE COMMISSIONER OF ENTRACE EXAMINATIONS ON 8.9.2016.

EXT. P6 A TRUE COPY OF THE STATE MERIT LIST PUBLISHED BY THE 2ND RESPONDENT CONTAINING THE ROLL NUMBERS OF ALL THE CANDIDATES INCLUDED IN THE RANK LIST ELIGIBLE UNDER THE STATE MERIT.

EXT. P7 A TRUE COPY OF THE NOTIFICATION DATED 28.9.2013 ISSUED BY BAR COUNCIL OF INDIA.

EXT. P8 A TRUE COPY OF ORDER DATED 11.12.2015 IN S.L.P.(C)NO. 33742/2015 PASSED BY THE HON'BLE SUPREME COURT OF INDIA.

EXT. P9 A TRUE COPY OF THE LETTER NO. BCI:D:1519(LE:CIR) 6 DATED 17.9.2016 ISSUED BY THE BAR COUNCIL OF INDIA.

EXT. P10 A TRUE COPY OF THE G.O.(MS) NO. 213/2016/H. EDN.

DATED 21.10.2016 ISSUED BY THE GOVERNMENT OF KERALA. EXT. P11 A TRUE COPY OF THE NOTIFICATION NO.

CEE/1128/2016/5LLB/TA2 DATED 22.10.2016 ISSUED BY THE COMMISSIONER OF ENTRANCE EXAMINATIONS. WP(C) NO. 33322 OF 2016 & Conn. cases

APPENDIX OF WP(C) 34237/2016

PETITIONER EXHIBITS

EXT. P1 COPY OF THE NOTIFICATION FOR ENTRANCE EXAMINATION FOR ADMISSION TO INTEGRATED FIVE YEAR LL.B COURSE 2016-17.

EXT. P2 COPY OF PROSPECTUS FOR ADMISSION TO INTEGRATED FIVE YEAR LL.B COURSE 2016-17.

EXT. P3 COPY OF ADMIT CARD ISSUED TO THE PETITIONER FOR APPEARANCE IN THE EXAMINATION.

EXT. P4 COPY OF PROVISIONAL RANK LIST PUBLISHED BY THE 3RD RESPONDENT.

EXT. P5 COPY OF LETTER DATED 17.09.2016 ISSUED BY THE 2ND RESPONDENT.

EXT. P6 COPY OF G.O(M.S.) NO. 213/2016/H.EDN. DATED 21.10.2016 ISSUED BY THE 1ST RESPONDENT.

EXT. P7 COPY OF NOTIFICATION DATED 22.10.2016 ISSUED BY THE 3RD RESPONDENT.

WP(C) NO. 33322 OF 2016 & Conn. cases

APPENDIX OF WP(C) 34258/2016

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF PROSPECTUS FOR ADMISSION TO 3 YEARS LLB COURSE 2016-17 AND G.O.(RT)NO.

2016/2016/H/EDN DATED 10-08-2016.

EXHIBIT P2 TRUE COPY OF APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE COMMISSIONER OF ENTRANCE EXAMINATIONS.

EXHIBIT P3 TRUE COPY OF THE ADMIT CARD ISSUED TO THE PETITIONER.

EXHIBIT P4 TRUE COPY OF THE PROVISIONAL RANK LIST PUBLISHED BY THE COMMISSIONER OF ENTRANCE EXAMINATION FOR ADMISSION FOR 3 YEARS LLB COURSE 2016-17.

EXHIBIT P5 TRUE COPY OF THE JUDGMENT IN WPC(MD)NO.

9533/2015 OF THE MADURAI BENCH OF MADRAS HIGH COURT DATED 07-8-2015.

EXHIBIT P6 TRUE COPY OF THE COMMUNICATION ISSUED BY THE BAR COUNCIL OF INDIA TO THE VICE CHANCELLOR/REGISTRAR OF ALL UNIVERSITIES AND THE PRINCIPAL OF ALL LAW COLLEGES DATED 17-9-2016.

EXHIBIT P7 TRUE COPY OF THE G.O.(MS)NO. 213/2016/H.EDN DATED 21-10-2016.

EXHIBIT P8 TRUE COPY OF THE NOTIFICATION DATED 22-10-2016 ISSUED BY THE COMMISSIONER OF ENTRANCE EXAMINATION.

WP(C) NO. 33322 OF 2016 & Conn. cases

APPENDIX OF WP(C) 34261/2016

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF G.O.(RT)NO.1982/2016/H.EDN. DATED 27-07-2016.

EXHIBIT P2 TRUE COPY OF PROSPECTUS PUBLISHED BY THE 2ND RESPONDENT FOR ADMISSION TO INTEGRATED FIVE YEAR LL.B COURSE, KERALA 2016-17.

EXHIBIT P3 TRUE COPY OF ADMIT CARD ISSUED BY THE 2ND RESPONDENT TO THE 1ST PETITIONER.

EXHIBIT P4 TRUE COPY OF ADMIT CARD ISSUED BY THE 2ND RESPONDENT TO THE 2ND PETITIONER.

EXHIBIT P5 TRUE COPY OF ADMIT CARD ISSUED BY THE 2ND RESPONDENT TO THE 3RD PETITIONER.

EXHIBIT P6 TRUE COPY OF RELEVANT PAGES OF RESULT (PROVISIONAL) RANK LIST PUBLISHED BY 2ND RESPONDENT ON 08-09-2016.

EXHIBIT P7 TRUE COPY OF REVISED STATE MERIT RANK LIST PUBLISHED BY 2ND RESPONDENT.

EXHIBIT P8 TRUE COPY OF CIRCULAR DATED 17-09-2016 ISSUED BY 4TH RESPONDENT.

EXHIBIT P9 TRUE COPY OF G.O.(MS)NO. 213/2016/H.EDN. DATED 21-01-2016 ISSUED BY THE 1ST RESPONDENT.

EXHIBIT P10 TRUE COPY OF NOTIFICATION NO.CEE/1128/2016/5LL.B/TA2 DATED 22-10-2016 ISSUED BY 2ND RESPONDENT.

WP(C) NO. 33322 OF 2016 & Conn. cases

APPENDIX OF WP(C) 33322/2016

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE HIGHER SECONDARY EXAMINATION CERTIFICATE OF THE PETITIONER.

EXHIBIT P2 TRUE COPY OF THE RECEIPT DT.16.7.2016 ISSUED BY THE 4TH RESPONDENT TO THE PETITIONER TOWARDS THE ADMISSION FEE FOR BBA LL.B(HONS) 5 YEAR COURSE.

EXHIBIT P3 TRUE COPY OF THE LETTER DT.17.9.2016 ISSUED BY THE 2ND RESPONDENT.