- (1.) S. N. Srivastava, J. This application has been preferred for recall of order dated 13-9-2006 passed by this Court in the aforesaid writ petition attended with further prayer to issue a direction to opposite parties to admit petitioner in LL. B. Course in Allahabad Degree College, Allahabad.
(2.) BEFORE proceeding further, it would be apt to recall the facts of the case. In the petition, the petitioner claimed weightage of 5% to be added in the marks obtained in the entrance test, which according to petitioner is permissible under the Admission Rules. According to petitioner, he secured 115 marks in the entrance test and being 'c' certificate holder of N. C. C. , he is entitled to get weightage of 5% marks and by this reckoning, the total marks obtained by the petitioner would add up to 120. 75 marks which is 40% of the total marks as per guidelines of Bar Council of India fixed for admission in LL. B. Course. On the date of hearing, Sri Rohit Agarwal, learned Counsel for opposite party, College, stated across the bar that only those students who secured 121 marks were given admission and consequently, this Court by the impugned order dated 13-9-2006 dismissed the writ petition holding that even if 5% weightage is added, the petitioner's total marks would aggregate to 120. 75 marks, which would fall short of marks obtained by students who got admission in LL. B. Course. The petitioner, therefore, moved this application repudiating the statement of learned Counsel appearing for Principal of the College that admission was closed and no admission to students getting lesser marks than the petitioner was given after close of admission. It is stated by the Principal that though she admitted some students who got 120 marks only which is lesser than the marks obtained by petitioner after closing date fixed for admission i. e. , 26-8-2006. In view of the above, Sri Rohit Agarwal, learned Counsel appearing on behalf of Principal of the College was directed to file counter-affidavit to the affidavit filed in support of recall application.
(3.) COUNTER-affidavit to the affidavit filed in support of recall application has been sworn and filed by Smt. Mukti Vyas, Principal of Allahabad Degree College, Allahabad. It was averred in paragraph 6 of the. counter-affidavit that admission to LL. B. Course closed on 26-8-2006 at 121 marks but on 8-9-2006, some students were again admitted on the left over seats in the General Category and also in the reserved seats for SC/st. It is further stated that the students admitted on 8-9-2006, had secured 120 marks in the entrance test sans any weightage of 5% as claimed by the petitioner, while the petitioner had obtained 115 marks in the entrance examination and was not eligible for admission as per the guidelines laid down by the Bar Council of India, which clearly envisaged that the candidate should obtain 40% marks, if there is an entrance test. It is urged by learned Counsel for the petitioner that in case weightage of 5% marks qua the 'c' Certificate is added, the petitioner is entitled for admission as he got 120. 75 marks which is above the last candidate who got admission in L. L. B. Course.;