CUTTACK: In a significant judgment, the Orissa High Court today stayed the Rule 28 of the Rules of legal Education 2008. The Rules formulated by the Bar Council of India (BCI) in consultation with universities and State Bar Councils concerns maintenance of standard of legal education in the country.
The single judge bench of Justice MM Das has issued notice to the BCI, Secretary of Higher Education, Orissa, and Utkal University directing them to file their responses in four weeks.
The stay has been issued on the basis of a writ petition filed by Principal of GM Law College, Puri, Syed Abdul Kalam Azad who challenged the Rule 28 specifically terming it as unconstitutional. The Bar Council of India vide its letter dated February 27 this year instructed registrars of all universities imparting legal education and principals of law colleges in the country for implementing the revised Rules for LLB three-year and LLB five-year courses. The Rule 28 of the Rules of Legal education 2008 stipulates age limit for admission to the courses.
As per the revised rule, the age limit for admission to the five-year LLB course has been fixed at 20 years for general category and 22 years for SC/STs. The age limit for three-year LLB has been fixed at 30 years for general and 35 for SC/ST category.
Azad stated that the earlier Advocates Act had no age limit for obtaining legal education. By fixing an age limit, particularly for the three year LLB degree course, legal education would be out of bounds for vast many people, he complained. He appealed to the court to declare the Rule as void.