Rules Of University Triumph Over The Rules Of Bar Council Of India: Gujarat High Court
Shubhi Rathore | Prabhat Bandhulya
The petitioner took the B.Com exam of Saurashtra University (respondent) but failed in 2 subjects out of 7. Later, he took those exams again and passed them on the second attempt and then filed an application before the university for admission in the law course for 3 years. However, the respondent stated that he could not be admitted in the said course as he has passed the B.Com exams on his second try only as an exemption and has failed to attain the required percentage for the law course. Nevertheless, the petitioner wrote a letter to the Chairman Secretary, Bar Council of Gujarat who replied that he passes the eligibility criteria for admission as he has scored 45.57% because as per Bar Council of India rules a candidate is required to have a minimum of 45% to secure an admission in the law course. The petitioner contends that the decision of the university is arbitrary and the respondent is bound to follow the rule of law. The petitioner prayed to the court for passing a direction that the petitioner is eligible for admission in the LLB course as per the requirements of India Legal Education Rules, 2008. The Court held that the petitioner took the exams again and then was declared pass and also claimed the exemption of Ordinance 154 for those subjects. Once the exemption under the Ordinance 154 was claimed the petitioner came under the applicability of the Saurashtra University Act. Therefore, the eligibility set by the university cannot be overlooked as they provide a proper framework for conducting an examination and of results. The Rules of BCI are only suggestive of the eligibility criteria. Thus, the rules of the university prevail over the rules of BCI and hence, the court is not of the view to interfere in the matter by exercising its extraordinary jurisdiction under Article 226 of the Constitution of India.
Case: Madhusudan Gunvantray Pandya V. Saurashtra University