Yogesh Kumar Sharma
Advocate & Counselor-at-law
3/65 Dholabhatta Colony, Ajmer
Mobile : 9636014289
e-mail : advocateyksharma@yahoo.co.in
Disclaimer : This email and/or letter and/or file and/or document transmitted /dispatched with it are confidential and are intended solely for the use of the individual or entity to whom they are addressed.. If you are not the intended recipient or the person responsible for delivering the email and/or letter and/or file and/or document to the intended recipient, be advised that you have received this email and/or letter and/or file and/or document in error, and that any use, dissemination, forward, printing, or copying of this email is strictly prohibited. If you received this email in error, please immediately notify the undersigned on +91-9636014289. Any personal data attached to or included in this email and/or letter and/or file and/or document is being treated in accordance with the provisions of the advocate Y K Sharma’s Personal Data Protection Policy, a copy of which is available upon request from the sender. The recipient must comply with the provisions of any data protection legislation in force, in particular the requirement that they take appropriate technical and organizational measures against unauthorized or unlawful processing of this data."
Dear M’am and Sir
1. My office is in receipt of an issue raised by Mrs Ashi Gaur, resident of Ajmer , which seems to be genuine, legally tenable and call for “immediate” action. Kindly find the referred emails dated 10-12-2013 and 11-12-2013 underneath the present forwarding note -for your kind perusal and immediate consideration.
2. The referred email/s highlight that last date of admission form submission is 13 December 2013 vis-à-vis hush-hush admission procedure adopted i.e. on 09 December 2013 notice was issued and on 13 December 2013 the closing date is declared.
3. In addition to the documents made available by Mrs Ashi Gaur in her epistolary exercise, I would further like to supplement the same with following document, made available to my office on research:
a. Order dated 08-10-2013 of Hon’ble Justice Aniruddha Bose of High Court of Calcutta whereby the Resolution No. 200/2013 taken by the Bar Council of India at its meeting on 31st August, 2013 was taken up as the basis to decide four pending writs in favour of eligible students.
b. Order dated 24 October 2013 of Hon’ble Mr Justice Dinesh Maheshwari and Hon’ble Mr Justice P K Lohra in matter of DB Civil Writ Petition No. 9108/2013 (Ranidan Singh versus Maharaja Ganga Singh University & Ors) whereby Bar Council of India’s resolution no. 200/2013 was taken as the basis and it was pronounced that University,. is an agency of State and is bound by applicable law and is expected to act in accordance with law.
c. Write-up on Law - a lucrative legal career which highlight that if Mrs Ashi Gaur is not admitted -if she is found eligible- despite all her earnest and exhaustive efforts then it will amount to deliberate and conscious infringement of her fundamental and legal rights as it is adverse to her right to bright career.
4. Therefore in the premise of facts and circumstances, it is clear that after withdrawal of Clause-28, Schedule III of rule 11 of the Rules of Legal Education, 2008, the Universities/Colleges imparting Legal Education can take admission in Law Courses without age restriction. The Bar Council clarify that since Clauses-28, Schedule III of rule 11 of the Rules of Legal Education, 2008, prescribing age restriction to take admission in law courses has been withdrawn, the college/universities imparting legal education are allowed to take admission in 5 year/3 year courses without any age restriction.
5. Consistency is the corner stone of the administration. It is consistency which creates confidence in the system and this consistency can never be achieved without respect to the Rule of finality. It is with a view to achieve consistency in judicial pronouncements; the courts have evolved the rule of precedence, principles of stare decisis etc. These Rules and principles are based on public policy and if these are not followed by statutory bodies and state machinery then there will be chaos in the administration.
6. In a government which is ruled by laws, there must be complete awareness to carry out faithfully and honestly lawful order passed by the Court of law after impartial adjudication. Then only be private individuals, organizations and institutions learn to respect the decisions of the Court. In absence of such attitude on the part of all concerned, chaotic conditions might arise and the functions assigned to the court of law under the Constitution might be rendered futile exercise.
7. From the catena of decisions, the following propositions emerge:
a. It is immaterial that in a previous litigation the particular petitioner before the court was or was not a party, but if a law on a particular point has been laid down by the High Court, it must be followed by all authorities and Tribunals in the state;
b. The law laid down by the High Court must be followed by all authorities and subordinate tribunals when it has been declared by the Highest Court in the state and they cannot ignore it either in initiating proceedings or deciding the rights involved in such proceedings;
c. If in spite of the earlier exposition of law by the High Court having been pointed out and attention being pointedly drawn to that legal position, in utter disregard to that legal position, proceedings are initiated it must be held to be willful disregard to the law laid down by the High Court and would amount to civil contempt as defined in the Section 2(b) of the Contempt of Courts Act, 1971.
d. In view of this, utter disregard to the law laid down by the superior judicial authorities by inferior authorities does amount to civil contempt of court, and an assessee may initiate contempt proceeding against any authority committing such contempt.
8. Therefore my office appeal to all concern that Mrs Ashi Gaur may be allowed to submit her admission form today or latest by tomorrow and in the event she in that proceeding is otherwise eligible, she may be admitted by the law college having vacancy on fulfilling the prescribed admission procedure.
9. It will be apt to mention that there is no iota of doubt that there will be many more candidates of her kind who may be due to lack of awareness, moral courage or lack of resources is not able to voice their grievance on the subject issue and is constrained to live in melancholy.
10. Therefore my office further appeal to all concern to take the present issue as public cause and publish the amended status of admission to LLB course for current year and facilitate the young citizenry of nation to exercise their Right for noble career.
11. Meanwhile deviating from the present issue, I would like to raise an issue to contemplate for all concern - “There is an unending debates and symposium both at national and international fore, which I had attended in recent past, whereby deep concerns are expressed for lack of quality legal education. In the present issue, my office fail to understand that how the syllabus and teaching-learning transaction will be effectively achieved especially when there are 10 varied papers in the first year, with such a juxtaposed date of submission and examination procedure”.
12. Kindly read my present epistle in totality with the submission made by Mrs Ashi Gaur.
13. An immediate action is required by the public authorities to act on the present issue as the last date stipulated to submit admission form is tomorrow i.e. 13-12-13.
14. Kindly feel free to contact for any kind of assistance on the subject issue.
15. An acknowledgement in this regard will be appreciated
With best wishes and kind regards
Sincerely
Y K Sharma
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