Case Note & Summary
The petitioner, Vinayak Uttam Hirave, cleared the Maharashtra State Common Entrance Test (CET) for the 3-year LL.B. course in June 2019 and was allotted to respondent no.1 college, Ideal College of Law, under the OBC category. He submitted all documents including his B.Com. mark sheets showing 40.63% average marks. He was admitted and successfully completed four semesters with good marks. He also appeared for the 5th semester examination in December 2021. However, when he sought admission to the 6th semester, respondent no.1 informed him that respondent no.2, University of Mumbai, had communicated that he was ineligible for LL.B. admission because his B.Com. average was below the required 45% under Rule 5 of the Bar Council of India Rules. The petitioner filed a writ petition under Article 226 of the Constitution seeking a direction to permit him to continue and appear for the 6th semester examination. The court held that the university had admitted the petitioner after verifying his documents and could not now revoke his admission after he had completed four semesters. The court noted that the petitioner had a legitimate expectation to complete the course. The court directed the respondents to permit the petitioner to continue his studies and appear for the 6th semester examination, and to declare his results for the 5th and 6th semesters. The petition was allowed.
Headnote
A) Admission - Eligibility - Revocation - Bar Council of India Rules, 2008, Rule 5 - Minimum 45% marks in graduation required for LL.B. admission - Petitioner had 40.63% in B.Com. but was admitted by college and university - After completing four semesters, university sought to deny further admission - Held that university cannot revoke admission after student has completed substantial part of course, as it would be unjust and contrary to legitimate expectation (Paras 4-6). B) Admission - Verification - Duty of University - University is expected to verify eligibility at the time of admission, not after student has completed four semesters - Failure to do so cannot be visited on student - Held that university must permit petitioner to continue and appear for 6th semester examination (Paras 5-6).
Issue of Consideration
Whether a student who was admitted to a 3-year LL.B. course and has completed four semesters can be denied admission to the sixth semester on the ground that his B.Com. average marks were below the minimum eligibility requirement at the time of admission.
Final Decision
The petition is allowed. The respondents are directed to permit the petitioner to continue his studies and appear for the 6th semester examination. The results of the 5th and 6th semester examinations shall be declared. Rule is made absolute accordingly.
Law Points
- Doctrine of legitimate expectation
- Admission cannot be revoked after student has completed substantial part of course
- University must verify eligibility at time of admission
- Rule 5 of Bar Council of India Rules on minimum marks for LL.B. admission
