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2022 Supreme(Online)(KER) 12279

HIGH COURT OF KERALA
RAJA VIJAYARAGHAVAN, J
SARATH PRATHAP.S – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
SRI.C.S.MANU, SRI.S.K.PREMRAJ, SRI.H.GOPAKUMAR, CGC, SRI RAJIT SC, SRI.G.KRISHNAKUMAR, SMT.M.L.REMYA, N. PRAKASH (PARTY -IN-PERSON), SRI.K.G.GOPAKUMAR, SRI.ASOK M. CHERIAN, SRI.JOSEPH RONY JOSE, SMT.JYOTHI ABRAHAM, SRI.R.LAKSHMI NARAYAN, SRI.M.ASHOK KINI, SMT.R.RANJANIE, SRI.N.M.MADHU, SMT.C.S.RAJANI, DR.K.P.SATHEESAN (SR.), SRI.P.MOHANDAS, SRI.K.SUDHINKUMAR, SRI.S.VIBHEESHANAN, SRI.C.S.AJITH PRAKASH, SMT.V.C.ARCHANA, SRI.T.K.DEVARAJAN, SRI.A.TJOSE, SRI.PAUL C THOMAS, SRI.S.EASWARAN, SRI.M.A.AUGUSTINE, SRI.P.MURALEEDHARAN, SMT.SOUMYA JAMES, SRI.P.SREEKUMAR, SRI.T. KAMALA MENON, SRI.A.JANI(KOLLAM), SRI.P.PRIJITH

JUDGMENT

The petitioners in all these cases are students who have applied for the Entrance Examination conducted by the State of Kerala for admission to the Integrated Five-year LLB Course for the academic year 2016-2017. The petitioners have approached this Court challenging the proceedings initiated by the Commissioner of Entrance Examinations prescribing a maximum age limit of 20 years for admission to the Five-year Integrated LL.B Course. They have sought for a declaration that the age restrictions in Clause 28(a) of Legal Education Rules framed by the Bar Council of India is ultra vires the provisions of the Advocates Act and violative of the fundamental rights guaranteed to the petitioners and for ancillary reliefs.

2. The petitioners contend that they all had applied for the Entrance Examination for integrated Five-year LL.B course pursuant to the notification dated 28.7.2016, issued by the Commissioner of Entrance Examination. In the notification, insofar as the age of the application is concerned, the clause reads as under:

“6. Eligibility of Admission:

(iii) Age: The applicant should have completed 17 years of age, as on 31.12.2016. There is no upper age limit for admission

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