- (1.) HEARD Mr. Ravi Kant, learned Senior Counsel with Mr. Rohit Agarwal and Mr. Basu for the respondent.
(2.) THE appeal is admitted. The appeal by the Allahabad Degree College in Law seeks to challenge the order passed by the learned Single Judge on 23-2-2007 in Civil Misc. Recall/restoration Application No. 227371 of 2006, whereby the learned Judge recalled his own order dated 13-9-2006, whereby he had dismissed Civil Misc. Writ Petition No. 47231 of 2006, which was filed by the respondent. The short facts leading to this appeal are this wise; the Allahabad Degree College in Law holds an Entrance Examination for the admission to the LL. B. Degree Course. Such examination was held for the admission to the Course to start in June, 2006. The relevant rule of the Bar Council of India, which is circulated to all the authorities concerned on 21-4-1998, reads as follows : "the following is the requirement prescribed by the Bar Council of India regarding percentage of marks required in the qualifying examination for admission in the three year as well as five year Law Courses : "if there is entrance test, the percentage should be 40, but if there is no entrance test, the percentage should be 45 for LL. B. admission. "
(3.) THE interpretation of this rule by the University is that since it was holding an entrance test, it was mandatory for the student concerned to obtain 40% of the marks in the examination. THE marks consisted of three papers totalling to 300 marks and, therefore, a student has to secure 120 marks. It is not in dispute that as far as the respondent is concerned, he has obtained 115 marks. It was his contention that he was eligible for addition of 5% of his marks under another relevant rule No. 7-D framed by the Faculty of Law. This rule provides that an addition of 5% of the standard score shall be applicable to the student, who holds 'c' Certificate of National Cadet Corps. The respondent had such certificate and, therefore, it is his case that he be treated as having secured 121 marks. The respondent was denied admission and, therefore, he filed a Civil Misc. Writ Petition No. 47231 of 2006.;