The mandatory directive of the Bar Council of India regarding minimum percentage of marks for admission in LL.B. courses prevails over the University's guidelines.

JUDGMENT : 

The writ petition has been filed by the petitioner aggrieved by cancellation of his admission in LL.B. First Year on the ground that he was not having requisite percentage of 45% in the qualifying examination.

2. It is averred in the petition that the petitioner possessed 41.89% marks in graduation. He appeared in the entrance test for admission in 3 years LL.B. course in which 40% marks in graduation were required. As he fulfilled the criteria he was permitted to participate in the entrance examination and admission was given to him, but, suddenly his admission was cancelled on the ground that he was having 41.89% marks in graduation, not 45% as required. Petitioner filed a representation which was not considered. Hence, petition has been preferred.

3. In the return filed by the respondents No. 2 and 3 it is contended that Bar Council of India has framed the Rules of Legal Education and as per Part-FV Chapter II, Rule 7 minimum marks to be obtained in the qualifying examination is 45% in the case of general category candidates for admission in 3 years LL.B. course. The guidelines dated 22-5-2009 framed by the College were not in tune with the rules of legal education framed by the Bar Council of India having statutory force. When said fact came to the notice, error was rectified vide letter dt.25-7-2009, it was clarified that for 5 years course and also for 3 years LL.B. course, the minimum qualifying marks are fixed as 45% for general category candidates as prescribed by the Bar Council of India. Petitioner was admitted on 23-7-2009 and order of cancellation was passed on 7-8-2009 within two weeks of admission. No case is made out so as to interfere in the writ petition.

4. Shri V. K. Shukla, learned counsel appearing on behalf of the petitioner has submitted that admission was rightly given in view of admission bulletin for LL.B. First Semester published by the Rani Durgawati Vishwa Vidyalaya, Jabalpur in which it was mentioned in paras 4 and 12 that admission in the First Year has to be on the basis of entrance examination in qualifying examination and graduation or post-graduation incumbent must possess 40% marks. Guidelines (P/3) issued by Higher Education Department in para 5.3 has also been relied upon by the petitioner which provides that for admission in the First Year Course of LL.B. in case entrance test is conducted 40% marks are required and in graduation/'post-graduation and 45% in case entrance examination is not conducted.

5. Counsel appearing on behalf of the respondents have relied upon the Bar council of India Rules framed under the Advocates Act contained in Part-TV. Chapter II, Rule 7 of BCI Rules. The BCI has prescribed the standard vide Resolution No. 110/2008 which came in force w.e.f. 14-9-2008. The resolution provides that minimum percentage in the qualifying examination should not be below 45% of the total marks in case of general category candidate and 40% of total marks in case of SC/ST candidates. It is contended that it was not open to the State Govt. or to University to violate the binding directive of BCI, thus, the guidelines which were framed by University and State Govt. were corrected to bring them in tune with the Rule 7 contained in Part IV, Chapter II of BCI Rules.

6. No doubt about it that in the admission guidelines issued by the University and the State Govt. it was provided that minimum percentage for general category candidate is 40% in case admission is by holding entrance examination and in case it is not conducted qualifying percentage in the graduation/post graduation had been fixed at 45%. However, said guidelines are in contravention of BCI Rules Rule 7 contained in Chapter II, Part IV of the BCI Rules framed under the Advocates Act which have the statutory force. BCI has power to prescribe the standard for the purpose of standards of legal education and recognition of degrees in law for the purpose of enrolment as advocate and inspection of Universities