JUDGMENT :

(1.) The petitioner by way of the present petition under Article 226 of the Constitution of India has prayed for the following reliefs:

"(a) Admit this petition.

(b) Issue Notice for final disposal.

(c) To allow this petition by issuing writ of mandamus or any appropriate writ, order directed by directing respondents that the petitioner is possessing the educational qualification as required under Bar Council of India Legal Education Rules, 2008 for admission LLB Course and is petitioner is qualified to pursue the 3 year LLB Course for which he has already got admission at Navyug College, Virpar.

(c/1) To hold and declare and direct that the petitioner is possessing the educational qualification as required by Bar Council of India Legal Education Rules, 2008 and on that basis petitioner is eligible for 3 years course of Bachelors of Law and further direct respondent No. 1 to 3 to admit petitioner in 3 years L.L.B Course;

(d) Pending hearing a final disposal of the present petition, this Hon'ble Court may grant interim relief by directing respondent no. 1 and 2 to immediately reconsider the case of petitioner in view of Bar Council of India Legal Education Rules, 2008 and permit petitioner to attend classes.

(e) To grant costs of this petition to the petitioner and to grant any other appropriate and just relief/s."

2. The brief facts as stated by the petitioner are stated thus:

2.1. The petitioner has passed B.Com examination from G.J. Sheth, Morbi college in general category. The petitioner had appeared for 3rd B.Com examination conducted in March, 2007 in which out of total 7 subjects, petitioner had failed in 2 subjects, viz., Statistics and Management Accounting. The petitioner had appeared in re-examination conducted by the University in March, 2008 for the aforesaid 2 subjects, viz. Statistics and Management Accounting and had secured result of 'pass class' and secured 45.57%.

2.2. The petitioner intending to pursue 3 years Bachelor of Law (L.L.B.) course, had submitted an application dated 03.09.2020 before the respondent University seeking admission. The petitioner had paid fees for both the semesters and had appeared for internal examination conducted by the respondent no.3 - college. The respondent no.3 - college after period of some months, rejected the application of the petitioner stating that the petitioner had given 2 try in B.Com and after final examination of semester of semester refunded the fees paid by the petitioner. The petitioner addressed a letter to the respondent University on 25.06.2021 intimating them about the aforesaid facts. The university replied to the said communication dated 25.06.2021 of the petitioner, by letter dated 03.07.2021 stating that since the petitioner has given 2 try in 3rd year B.Com and was declared pass with 'Exemption'. Therefore, the percentage cannot be counted and as per the Rules of Bar Counsel of India, student 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. It was further informed that the admission process is under provision of Bar Council of India and University.

2.3. The petitioner wrote a letter to the Chairman/Secretary, Bar Council of Gujarat intimating them about the aforesaid facts by letter dated 22.07.2021 and further requested to do the needful, if found eligible for course of 3 years L.L.B. The respondent No.4 - Bar Council of Gujarat by communication dated 04.08.2021 stated that the petitioner has secured 45.57% and considering the result of examination of March, 2007 and March, 2008, and therefore, as per Rule-7 of Bar Council of India Education Rules, 2008, and therefore, as per Rule-7, the petitioner is eligible for getting admission in course of Bachelo