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Judgment
Petitioners in both these cases are candidates, who sought admission to the L.L.B. Course. However, on the ground that they have crossed the age bar as contemplated in Clause-28, Schedule-III, Rule-11 of the Rules of Legal Education, 2008 formulated by the Bar Council of India, they were denied admission. Notices were issued and interim orders were passed granting admission to the petitioners, subject to final decision of the writ petition. Today, during the course of hearing of these writ petitions, learned counsel for the petitioners brings to our notice an order dated 30th November, 2011 passed in W.P. No. 7989/2011 by the Division Bench at Gwalior and another judgment of the Division Bench in W.P. No. 11925/2011 to say that the provision has been declared as ultra vires, therefore, the petition be allowed.
Learned Sr. Counsel for the University stated that the matter is sub-judice before the Supreme Court in a pending S.L.P and, therefore, the matter be adjourned. However, it is now brought to the notice of this Court that based on the judgments rendered by the various high courts in the matter of declaring the provision as ultra vires, the Bar Council of India had constituted a committee to go into the matter and committee headed by one of the members of the Bar Council one Shri S. Prabakaran had submitted a report in the matter of the clause in question. The report was considered by the Bar Council and it is seen that a resolution has been passed now by the Bar Council of India accepting the report submitted by the Council and the impugned clause has been withdrawn. The resolution passed by the Bar Council of India withdrawing the impugned clause is notified by a notification dated 28th of September, 2013 and the ultimate operative part of the notification reads as under:
In the larger interest in many of the States after due deliberations, the opinion has been formed, the Clause-28 Schedule-III, Rule-11 of the Rules of Legal Education, 2008 is ultra vires, unconditional and against the principles of the natural justice, in such a circumstances keeping in view the broader aspect and aforesaid reasons, the said Clause-28, Schedule-III, Rule-11 of the Rules of Legal Education 2008 is hereby withdrawn.
This entire notification and resolution is published in the gazette of India EXTRAORDINARY Part-III Section 4 dated 31st of October, 2013. That being so, as the impugned provision has already been withdrawn by the Bar Council of India, no further orders are necessary with regard to the merit of the matter. The petition is now rendered infructuous because of this. It is directed that the provisional admissions, if any granted to the petitioners by virtue of the interim order shall stand regularized, if they are otherwise eligible for admission. With the aforesaid, these petitions are disposed of as having been rendered infructuous.