Revive of age restriction under Clause 28 of Legal Education Rules 2008
BCI:D:1519 (LE:Cir.-6) Date: 17.09.2016
of all the Universities
of all the Law College
Sub. : Revive of age restriction under Clause 28 of Legal Education Rules 2008.
It is to inform you that Clause 28 of Schedule III of Legal Education Rules 2008 which deals with age restriction for taking admission in LL.B course was notified in the Gazette of India vide Part-III, Section 4, New Delhi on 21-27 March, 2009. As per Clause 28, upper age limit for admission in LL.B three year course was 30 years and for LL.B five-year course was 20 years. The relevant clause is given below:-
Age on admission:
“(a) Subject to the condition stipulated by a University on this behalf and the high degree of professional commitment required, the maximum age for seeking admission into a stream of integrated Bachelor of law degree program, is limited to twenty years in case of general category of applicants and to twenty-two years in case of applicants from SC, ST and other Backward communities.
(b) Subject to the condition stipulated by a University, and the general social condition of the applicants seeking legal education belatedly, the maximum age for seeking admission into a stream of Three Year Bachelor Degree Course in Law, is limited to thirty years with right of the University to give concession of five further years for the applicant belonging to SC or ST or any other Backward Community.”
Subsequently, Bar Council of India has withdrawn Clause 28 vide resolution No. 200/2013 thereby age restriction was removed for admission in LL.B three year and five-year course. Later on, withdrawal of Clause 28 was challenged before the Madurai Bench of the Hon’ble High Court of Madras in WP No. 9533/2015. The Hon’ble High Court was pleased to allow the petition and held that withdrawal of Clause 28 by the Bar Council of India was illegal. Subsequently, Bar Council of India challenged the aforesaid decision of the High Court of Madras before the Hon’ble Supreme Court of India and Hon’ble Supreme Court dismissed the Special Leave Appeal (Civil) 33742 of 2015 by its Order dated 11.12.2015.
Resultantly, after the order of Hon’ble High Court and Hon’ble Apex Court, the rule under Clause 28 of Legal Education Rules 2008 has been restored.
Therefore, you are requested to kindly comply with the provision of Clause 28 of Legal Education Rules 2008.
This is for your information and necessary action.
(Ashok Kumar Pandey)