The age limit for admission to Law College is necessary to maintain standards of legal education and bring uniformity among students.

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 petitioner's 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 1.6.2009 (i.e. the candidate must have born on or after 1.6.1979) whereas the petitioner was born on 23.5.1979. Because the petitioner was over aged 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 1.6.2009, (i.e., the candidate must have born on or after 1.6.1979). 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 1.6.1974)."

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 maintain standard of legal education.