- (1.)The petitioners who are the students of the Surendra Nath Law College and the South Calcutta Girls' Law College have assailed in this writ application the legality and validity of the revised regulations for admission to the LL. B. Course framed by the Calcutta University Council on August 31, 1979 as well as on 7th December, 1979 on the ground that those regulations are not properly framed and as such they are illegal and unenforceable in law.
(2.)The facts of the case, in a short compass, are as follows: The petitioners after obtaining the degrees in Arts, Science and Commerce got themselves admitted in the sessions 1979-1980 and in the sessions 1980-1981 in the Surendra Nath Law College as well as in the South Calcutta Girls' Law College, on payment of necessary admission fees and other charges. They prosecuted their studies for a full one session and after completing their course of studies they wanted to fill up the necessary forms for appearing at the Preliminary LL. B. Examination to be held in June, 1982. The petitioners, however, were not supplied any forms for appearing at the said examination and they were told that they would not be given the admit cards by the Calcutta University Council for appearing at the said Preliminary LL. B. Examination. It has been stated that on or about 31st August, 1979, the Principal, Surendra Nath Law College, received a Memo purported to have been issued by the Registrar, Calcutta University, intimating that the revised regulations for the LL. B. Course had since been approved by the Calcutta University Council and the same had come into force with effect from the session beginning in December, 1979 and it was also stated in terms of the revised regulations, admission to the LL. B. first year was open only to the Honours Graduates, the holders of a Master Degree or a Pass Graduate degree with at least 45% marks in the aggregate. It has been further stated that the Sub-committee of the Post-Graduate Studies in Law had considered the question laying down uniform norms for the admission to all the Law Colleges under the University and had resolved that certain norms be uniformly followed by all the Law Colleges under the University while making admission to the First Year, LL.B. Classes. This letter was annexed as Annexure 'A' to the petition. It has been stated that this letter has neither the force of law nor it has been duly issued in accordance with law. It was also pleaded in the petition that the alleged revised regulations which were said to be considered by the Sub-committee of Post-Graduate Studies in Law in its purported meeting held on 17.9.79 had not the sanction of relevant Statute nor was it effective or sufficient for altering an existing regulation for admission in the LL. B. First Year Course. It has also been pleaded that inspite of the said regulations the University Authorities allowed a large number of students to sit for the Preliminary LL. B. Examination of those who were admitted in the LL. B. First Year for December, 1979 session who, though not had obtained 45% marks in aggregate and they also appeared at the University Examination.
(3.)Another letter dated 20th November, 1980 was issued by the Registrar, Calcutta University, to the Principal, Surendra Nath Law College, intimating that the Committee of Post-Graduate Studies in Law had with the approval of the Calcutta University Council resolved that certain norms in the matter of admitting students to the First Year LL. B. Classes were to be uniformly followed by all the Law Colleges. One of the norms mentioned therein was that no student who has obtained less than 40% marks in his pass course degree be admitted to LL. B. Course. The Calcutta University also issued a Press Note to that effect on 19th February, 1982.