Saturday, March 4, 2017

Mar 04 2017 : The Times of India (Chennai)
SC: No upper age limit for admission in law courses
New Delhi


Students aspiring to pursue law in the coming academic session will be able to apply for admission irrespective of their age as the Supreme Court stayed on Friday the Bar Council of India's decision to fix upper age limit of 22 years for the five-year LLB programme and 45 years for the three-year course .

A bench of Justices S A Bobde and L N Rao said the age restriction fixed by BCI prima facie seemed unreasonable and would prevent students from pursuing law education.
Initially, BCI had fixed upper age limit at 20 years for the five-year course and 30 years for the three-year course but it revised the age limit and made it 22 years and 45 years respectively for the two courses after the apex court asked it to reconsider its decision in larger public interest.

Advocate A K Prasad, appearing for BCI, told the bench it had increased the upper age limit on the suggestion given by the apex court but the bench was not satisfied and stayed the notification, paving the way for the students to ap pear in the law entrance examination irrespective of age.

Questioning BCI's decision, the bench said that the council was on one hand promoting law education in the country , but on the other trying to restrict students from pursuing law education. The court said that it would adjudicate constitutional validity of the decision and stayed its implementation till it decided the case.

“It will not serve any purpose. What is big deal about fixing the age limitation. There is a demand from society (for doing away with age restriction) and you have to consider it.You go around promoting legal education and here BCI puts restrictions. We stay the decision,“ the bench said. “We appreciate the intent of BCI to catch the best talent at right age and we will examine the issue. We stay the notification of September 17, 2016 and all consequential acts taken thereof,“ the court said.

Normally in cases when admission is allowed while case is pending in judicial forums, the court directs that the admission would be subject to the final outcome of the case. But in order to remove any uncertainty over the fate of students who will clear law entrance tests and take admission, the court said that there admission would not be disturbed even if the BCI's decision was declared valid The BCI, the apex body to regulate legal education and profession in the country , had in September last year restored Clause 28 of its Legal Education Rules, 2008, that fixed upper age limit of 20 years for admission to fiveyear integrated law course and 30 years for three-year law course.

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