AVISHEK GANGULY Vs. REGISTRAR THE UNIVERSITY OF BURDWAN
LAWS(CAL)-2013-3-90
HIGH COURT OF CALCUTTA
Decided on March 22,2013

Avishek Ganguly Appellant
VERSUS
Registrar The University Of Burdwan Respondents

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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