JUDGEMENT
PRASENJIT MANDAL,J. -
(1.) THIS application is at the instance of 15 students and is filed for issuance of a writ in the nature of
mandamus commanding the respondents to withdraw or cancel the
purported communication and/or letter dated December 12, 2012 and
for allowing the petitioners to appear at the examination of the
first semester, 2012.
(2.) THE short fact is that, pursuant to the advertisement made by the University of Burdwan on June 8, 2012, the petitioners were
admitted to 5 year integrated law course at Durgapur Institute of
Legal Studies of Law College, Durgapur. At that time there was no
circular relating to age bar and accordingly, the petitioners
started to attend the classes. Thereafter, the respondent
university issued the notice dated December 12, 2012 wherefrom, it
appears that 11 students were not eligible to appear at 5 year
B.A. LL.B honours semester-I, 2012 as they did not comply with the
norms of the Bar Council. Accordingly, the respondent university
was not in a position to issue the relevant admit cards in favour
of those 11 candidates. Being aggrieved this application has been
preferred.
By filing an affidavit-in-opposition, the respondent university has contended that the said notification for admission
to 5 year LL.B course in the year 2012 to 2017 was made according
to the instruction from the Bar Council of India. A corrigendum
was published on June 14, 2012 relating to age bar. The college
authorities have intimated the respondent university that due to
miscommunication of Admission Cell of their colleges, they
admitted some students of 5 year course, whose age was below 21
years and so they requested the respondent university to issue
admit cards for appearing in the next examination.
(3.) THE petitioners filed a reply thereto, denying the contention raised by the respondent university.
The following questions are involved in the matter:
i) Whether the norms of the Bar Council of India can be mandatorily applicable in the facts and circumstances in the case of the petitioners. ii) Whether the impugned communication/letter is sustainable in law. ;
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