SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2009 Supreme(Mad) 3609

High Court of Judicature at Madras
THE HONOURABLE MR. JUSTICE N. KIRUBAKARAN
M. Santhosh Antony Vareed
Versus
The Registrar Tamil Nadu Dr. Ambedkar Law University "Poompozhil", Chennai
W.P.No.14877 of 2009 & M.P.Nos.1 & 2 of 2009
Decided On : 09-09-2009

Advocates Appeared:
For the Petitioner:S. Ilamvaludhi, Advocate.
For the Respondent:Ramakannan, Advocate.

Ratios:
a. Any academic body can fix age limit to admit students for its courses.
b. Before admitting students for law course, the antecedents of the aspirants are to be verified and persons with dubious character are not to be admitted.
c. No other profession except legal profession has been recognised by the Constitution.
d. Constitution of the country requires "Standard quality Legal Education" which alone can produce competent Advocates who could occupy the constitutional posts to act as per the constitutional mandate.


Headnote:(A)Advocates Act, 1961(25 of 1961)-Sec.7, 49-Education-Legal education-Admission-Age limit-Relaxation-Petitioner applied for admission to a law course-Maximum age limit was fixed at 30 years for admission-Petitioner was over aged by 8 days-He challenged the age limit-Respondent contended that it was to maintain standard in education-Held, fixing age limit is necessary to maintain standard and discipline in legal education and the respondent is having power to fix age limit for admission to law course and the regulation is valid-Writ petition was disposed with observations.

       (B)Education-Legal education-Admission-Age limit-Fixation-Any academic body can fix age limit to admit students for its courses.

       Any academic course requires age limit for getting admission. Young mind can be moulded where as matured mind cannot be moulded very easily. Fixing of age limit for admission would bring uniformity among the students. Apart from that, it would change the position that any body and every body at any age could join law college. As stated earlier, the procedure has been changed only for enhancing the quality of legal education after much deliberations and consultation with the Universities and State Bar Councils. Para 11

       (C)Advocates Act, 1961(25 of 1961)-Sec.7, 49-Education-Legal education-Admission-Antecedents-Verification-Before admitting students for law course, the antecedents of the aspirants are to be verified and persons with dubious character are not to be admitted.

       Law colleges are like nurseries where the right seeds are required to be sown so that what is sown would be harvested. If the input is not appropriate the out come will not be good. Those who are admitted in the law colleges are going to be responsible for rule of law and administration of justice in this country. It is better that the antecedents of those who seek law admission are looked into, as there is likelihood of unruly elements getting into profession and likelihood of shielding their nefarious activities by law degrees. Law degrees should not land in the hands of those elements and it would further dilute the standards in the profession finally. Para 15

       (D)Advocates Act, 1961(25 of 1961)-Sec.7, 49-Education-Legal education-Admission-Standard-Importance-No other profession except legal profession has been recognised by the Constitution- Constitution of the country requires "Standard quality Legal Education" which alone can produce competent Advocates who could occupy the constitutional posts to act as per the constitutional mandate.

       No other profession except legal profession has been recognised by the Constitution. The appointments for the aforesaid coveted posts are made from lawyers. Hence requirement of Constitution is "Standard quality Legal Education" which alone can produce competent Advocates who could occupy the constitutional posts to act as per constitutional mandate. Then only the scheme of the constitution will be fulfilled by appointing competent, qualified, capable and proper Advocates to discharge the constitutional functions as stated in the above Articles. Para 19

       

Judgment :-

The writ petition has been filed challenging the prospectus issued for 3 year B.L. Degree Course 2009-2010 issued by the respondent and to quash the same and consequently for a direction to the respondent to accept the petitioners application for 3 year B.L. Course admission by relaxing the instructions specified in Column No.2 (iii) and to condone the excess 8 days.

2. The case of the petitioner is that he applied for B.L. Degree Course in the year 2008 and he was selected. Though the order of selection was communicated to the residential address of the petitioner and the same was received by his neighbour when he was out of station. By that time when he got the communication and went to Law University, some other candidate already joined the course.

3. The petitioner states that when he applied for Law College admission for the year 2009-2010, he was surprised to see the condition in Column No.2 prescribing the age limit for joining Law College. As per Column 2 (iii) of the notification/instruction, a candidate should not have completed 30 years of Age as on 1st June 2009 (i.e., the candidate must have born on or after 01.06.1979) whereas the petitioner was born on 23.05.1979. Because the petitioner was overaged by 8 days over and above the age limit, he misses his chance to apply for the Law course. Hence the petitioner has come before this Court challenging the age limit fixed in the prospectus.

4. Bar council of India, after many deliberations with view to enhance the quality of Law Education and also to streamline the procedure for admission, brought out changes. One of such conditions is fixing of age limit for getting admission into Law College. Legal Education has to be raised in standard on par with other professional courses like Engineering and Medicine. Changes in the admission procedure have been done in a proper manner and fixing of age limit is a welcome one. After noting many loop holes in the procedure, which was in vogue till last year, the changes have been brought and they have been notified by Bar Council of India.

5. Paragraph 3 of the counter affidavit filed by the respondent reads as follows:

"I submit, with regard to para 8 & 9 it is stated in the prospectus for admission in to 3 year B.L. Degree Course, 2009-2010 under para 2(iii) that "A candidate should not have completed 30 years of Age as on 1st June 2009, (i.e., the candidate must have born on or after 01.06.1979). In case of candidates belonging to SC/ST communities the maximum age limit is 35 years. (i.e., the candidate must have born on or after 01.06.1974)"

In this regard, I submit that as per the Bar Council of India Rules under Par-IV, Para 28

(b) it is stated as follows:-

"Subject to the condition stipulated by a University, and the general social condition of the applicants seeking legal education belatedly, the maximum age for seeking admission into a stream of Three Year Bachelor Degree Course in law, is limited to thirty years with right of the University to give concession of 5 further year for the applicant belonging to SC or ST or any other Backward Community.". This university has strictly adhered to the instructions of the Bar Council of India with regard to age on admission and other governing matters. The rule of the Bar Council of India cannot be relaxed by this respondent university, since it is the Executant Authority and not the Directing Authority."

6. Bar Council of India made Rules, known as "Rules of Legal Education-2008, (Part iv)", on standards of legal education and recognition of degrees in Law for the purpose of enrolment as advocate and inspection of Universities for recognising its degree in law Under Section 7(1) (h) and (i), 24 (1) (c) (iii) and (iii), 49 (1) (af), (ag) and (d) of the Advocates Act 1961. The aforesaid rules were made by Bar Council of India, which is an expert body, in consultation with universities and state Bar Councils. Bar council has got power and jurisdiction to make rule to

















































Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top