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2025 DAILYLAW 17331 (UTT)

JYOTI TIWAR v. HEMWATI NANDAN BAHUGUNA GARHWAL CENTRAL UNIVERSITY

WPMS/3421/2025 · 2025-12-10

Manoj Kumar Tiwari

body2025

Judgment text

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2025:UHC:10968 SL. No. Dat e Office Not es, r epor t s, or der s or pr oceedin gs or dir ect ion s an d Regist r ar ’s or der w it h Sign at u r es COURT’S OR JUDGE’S ORDERS W PMS/ 3 4 2 1 / 2 0 2 5 Hon ’ble Man oj Ku m ar Tiw ar i, J. Mr. Shivam Sharma, Advocate for the petitioners. 2. Dr. Kartikey Hari Gupta, Advocate for respondent nos. 1 to 3. 3. Mr. Yogesh Kumar Pacholia, Advocate for respondent no. 4. 4. Mr. Sandeep Tiwari, Advocate for respondent no. 5. 5. Mr. Rajesh Sharma, Standing Counsel for the Union of India/ respondent no. 6. 6. Petitioners are interested in taking admission in LL.B. five years course in colleges affiliated to HNB Garhwal (Central) University. Since they have not appeared in Central University Entrance Test-2025 nor University Entrance Test- 2025, which is now mandatory for admission in UG/ PG Courses, including LL.B. Course, therefore, they are ineligible for admission to the LL.B. Course. 7. By means of this writ petition, petitioners have sought the following reliefs: - “i. issue a writ, order or direction in the nature of mandamus directing the Respondent University to allow the admission of Petitioner no. 1 and 2 in B.A.L.LB Course in Session 2025-2026 on the basis of marks obtained in qualifying examination; or ii. issue a writ, order or direction in the nature 2025:UHC:10968 of mandamus directing the Respondent University for not insisting on the conditions laid down in Circular/ Notification dated 30.09.2025 (Annexure- 14) with regard to appearing in UET Examination for admission in L.LB and BA.L.LB Courses; and iii. Issue a writ, order or direction in the nature of mandamus directing the Respondent University to follow the SOP dated 07.06.2024 (Annexure-7) in order to allow the admissions on the basis of marks obtained in qualifying examinations.” 8. Bar Council of India is the regulatory body in respect of legal education. Rules of Legal Education, 2008 framed by Bar Council of India are applicable for determining eligibility of a candidate for admission in LL.B. Course. Rule 7 of the said Rules is extracted below: - “7 . Min im u m m ar k s in qu alify in g ex am in at ion for adm ission Bar Council of India may from time to time, stipulate the minimum percentage of marks not below 45% of the total marks in case of general category applicants and 40% of the total marks in case of SC and ST applicants, to be obtained for the qualifying examination, such as + 2 Examination in case of Integrated Five Years' course or Degree course in any discipline for Three years' LL.B. course, for the purpose of applying for and getting admitted into a Law Degree Program of any recognized University in either of the streams. Provided that such a minimum qualifying marks shall not automatically entitle a person to get admission into an institution but only shall entitle the person concerned to fulfill other institutional criteria notified by the institution concerned or by the government concerned from time to time to apply for admission.” 9. Perusal of the aforesaid Rules indicates that whenever the University has laid down any institutional criteria for admission to LL.B. Programme, then every candidate desirous of admission in LL.B. Programme has to meet those eligibility criteria. 2025:UHC:10968 10. HNB Garhwal (Central) University has issued a notification on 30.09.2025, whereby applications were invited for admission in LL.B. / LL.M. Programme only from such students who appeared in the University Entrance Examination (UET)-2025-26. 11. Since petitioners have not appeared in UET and admittedly they have also not appeared in CUET held by Central Government, therefore, as per the said notification, petitioners are not eligible. Without meeting the eligibility criteria specified by the University for admission in LL.B. Course, there cannot be any direction in favour of petitioners to get them admission in the campus colleges or colleges affiliated to HNB Garhwal (Central) University. 12. Thus, this Court do not find any reason to interfere in the matter. The writ petition fails and is dismissed. ( Man oj Ku m ar Tiw ar i, J.) 10.12.2025 Navin NAVEEN CHANDRA Digitally signed by NAVEEN CHANDRA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3be23325146e76a0642bdf4943fb9046f48 7df006da82a131bb4e4403d3c0a15, postalCode=263001, st=UTTARAKHAND, serialNumber=18167EEFB5CA8CFFD421A103819D A875643AF56D653D095C6ED9A86DAAB21CE5, cn=NAVEEN CHANDRA Date: 2025.12.10 17:33:12 +05'30'