Ahmedabad Mirror | 1 week ago | 24-06-2022 | 06:00 am
In an important ruling, the Gujarat High Court has upheld the rules framed by the Saurashtra University that if a student clears the graduation after two attempts, then he will be considered only as a pass class and his percentage would not be considered for subsequent admission to LLB course.Justice VD Nanavati issued the verdict in case of a student who failed in two subjects of Bachelor of Commerce in 2007 and cleared both the subjects at second attempt by taking exemption from appearing for other subjects that he cleared in the first attempt. He then took admission in the LLB in a college affiliated to the varsity, but later his admission was cancelled based on the rule that he was not having requisite 45% marks in the graduation.The college cited the Ordinance No.154 of The Saurashtra University Act which stipulates that a (student) who has passed the examination after getting the benefit of exemption marks in any subject, post clearing all the subjects will be considered as having graduated with pass class. Also, his percentage cannot be counted because he did not clear the examination in one attempt and got the benefit of exemption from reappearing in papers already cleared.However, the student cited a rule framed by the Bar Council of India that any student of the general category having more than 45% marks can get admission in LLB. He also stated that his cumulative percentage of both the attempts was 45.57% and hence he should be deemed eligible for admission in the LLB.However, the court ruled that the BCI rule should not supersede university rules. “The Rules of Bar Council of India does not conduct examinations or announce results. The Rule only suggests that a candidate must possess 45% marks for securing admission in law courses,” Justice Nanavati said.“The University Ordinance No 154 as referred above prevails over the Rules of the Bar Council of India and when the petitioner had passed BCom examination with ‘exemption’ i.e. in ‘pass-class’ and on 2nd attempt, he is not eligible for admission to the LLB course,” the court ruled.The ruling will have a far-reaching impact on students graduating after multiple attempts. “Earlier the Gujarat University had the same rule but now it has been changed and students having multiple mark sheets are granted admission to LLB. However, the student won’t get admission if the university rules don’t allow it,” said a senior professor in the GU.Morbi resident Madhusudan Pandya had appeared for 3rd BCom examination conducted in March 2007 in which out of total 7 subjects, he had failed in statistics and management accounting. He appeared in re-examination conducted by the university in March 2008 in the two subjects and secured 45.57%.Later he enrolled in LLB in the college affiliated to the SU in September 2020 and after some months, the college rejected his application citing ordinance 154. He wrote to the Bar Council of India which opined that he is eligible for admission but the varsity didn’t consider his case. Eventually, he filed a petition in the HC.