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LL.B Admission: Universities May Set A Higher Qualifying Percentage Than The Minimum 45% Prescribed By BCI: MP HC [Read Order]

Apoorva Mandhani
30 July 2017 7:12 AM GMT
LL.B Admission: Universities May Set A Higher Qualifying Percentage Than The Minimum 45% Prescribed By BCI: MP HC [Read Order]
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Madhya Pradesh High Court has held that Universities are free to prescribe minimum qualifying marks for admissions to law courses, subject to the condition that this is not below 45%, as stipulated by the Bar Council of India.The Bench comprising Justice R.S. Jha and Justice Nandita Dubey interpreted Rule 7 of the BCI Rules to hold that it only prescribes the minimum qualifying percentage,...

Madhya Pradesh High Court has held that Universities are free to prescribe minimum qualifying marks for admissions to law courses, subject to the condition that this is not below 45%, as stipulated by the Bar Council of India.

The Bench comprising Justice R.S. Jha and Justice Nandita Dubey interpreted Rule 7 of the BCI Rules to hold that it only prescribes the minimum qualifying percentage, and places no upper limit, therefore, leaving it open to the Universities to set a higher standard.

“A bare perusal of Rule 7 of the Bar Council of India rules makes it clear that the Bar Council of India, while prescribing the minimum qualifying marks for admission, has laid down that "the Bar Council of India may from time to time stipulate the minimum percentage of marks not below 45% of the total marks in case of general category candidates, 42% marks for the OBC category candidates and 40% of the total marks for the SC and ST category candidates to be obtained for the qualifying examination". A bare perusal of the rule also makes it clear that the Bar Council of India while framing the rules has used the words "not below 45%" which makes it abundantly clear that the University cannot prescribe the minimum qualifying marks or percentage to be below 45% marks but can certainly prescribe a higher qualifying percentage of marks,” the Court observed.

It was hearing a Petition filed by Shri Ramakrishna College of Law, demanding a direction to Awadhesh Pratap Singh University, Rewa to lower the minimum cut-off percentage prescribed by the University, from 50% to 45%, in light of the BCI Rules framed in this regard.

The Court, however, refused to accept this reasoning, and observed, “A perusal of Ordinance 116 of the University indicates that the University has prescribed 50% as the qualifying marks which is in accordance with the rules framed by the Bar Council of India Rules. We are also of the considered opinion that the interpretation given to Rule 7 by the petitioner to the Bar Council of India Rules cannot be accepted as the rule specifically permits the University to prescribe the minimum qualifying percentage of marks not be below 45% marks without specifying the upper limit and in such circumstances, we do not find any merit in the contention of the petitioner.”

Read the Order Here

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