SCA/7369/2001 1/3 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 7369 of 2001 For Approval and Signature: HONOURABLE MR.JUSTICE JAYANT PATEL ========================================================= 1 Whether Reporters of Local Papers may be allowed to see the judgment ? 2 To be referred to the Reporter or not ? 3 Whether their Lordships wish to see the fair copy of the judgment ? 4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ? 5 Whether it is to be circulated to the civil judge ? ========================================================= MOHAMMAD SHOEB M. HAKIM - Petitioner(s) Versus ANAND LAW COLLEGE & 2 - Respondent(s) ========================================================= Appearance : MR MA KHARADI for Petitioner(s) : 1, MR RAMNANDAN SINGH for Respondent(s) : 1, MR PV HATHI for Respondent(s) : 2 - 3. ========================================================= CORAM : HONOURABLE MR.JUSTICE JAYANT PATEL Date : 28/03/2008 ORAL JUDGMENT 1. The petitioner has preferred the petition for appropriate writ to direct the respondent No.1 SCA/7369/2001 2/3 JUDGMENT to accept the fees for the study of 1st LLB and to permit him to attend the classes in 1st LLB at Sardar Patel University. It is also prayed by the petitioner to declare that total marks of more than 45% be declared as eligibile criteria for admission of 1st LLB and he is not required to appear at the examination. 2. When the matter is taken up for hearing, Mr. Kharadi is not present and Mr.Singh for the College and Ms.Hathi for Mr. P.V. Hathi for Bar Council of Gujarat and Bar Council of India are present. It further appears that this Court (Coram :R.M.Doshit, J.) on 04.10.2001 had passed the following order: “Rule. Admittedly, the petitioner has secured less than 45 per cent marks at the graduation level and hence, in view of Rule 1 (1)(a) in Part-IV Section-B of the rules of the Bar Council of India, the petitioner is not eligible for admission to the Law College. The question is whether the respondent-Law College could have given an entrance test only to such applicants who were otherwise not eligible for admission to Law College. Prima facie, it appears that the respondent-Law College could not have held entrance test only for such of the applicants who were not eligible for admission to Law College i.e., who had secured less than 45 per cent marks at the graduation level. Interim relief is, therefore, refused.” Therefore, the interim relief was expressly refused. SCA/7369/2001 3/3 JUDGMENT 3. Under these circumstances, even if the petitioner is to be considered for admission, the petitioner has to meet with the prevailing eligibility criteria for admission to 1st LLB. Further, the period of about 4 years have passed and the curriculum period for the said admission in 1st LLB had it been in 2001 would have been over in 2003 in any case. 4. Hence, no useful purpose would be served in deciding the question raised in this petition and the exercise if any undertaken would only be of academic purpose. 5. Hence, the present petition is disposed of as having become infructuous. Rule discharged. I.R. vacated. (JAYANT PATEL, J.) *bjoy