A division bench comprising of Justices R K Agrawal and Madan B Lokurissued issued notices to Bar Council and Maharashtra Government in a SLP filed against the Bomabay High Court judgement dismissing the writ petitions challenging the introduction of CIT entrance exam for undergraduate course in law.
As per petitioner’s argument very few students had managed to obtain more than 35% score in the exam and in order to fill the seats, the cut off was reduced to 0%. Because of these circumstances prayer was made to the Court to fill the seats on the basis of 12th results.
The Bombay HC had dismissed the petition and showed its dissatisfaction with the process and manner the exams were conducted. The Court observed:
“True it is that it would have been ideal if the Rules were made promptly and the requirement of the Statute fulfilled. True it is that even the Notifications ought to be promulgated and issued much prior to the examinations. True it is that even this Court would have been happy to note that the syllabus was made and notified to the students well in advance.However, merely because all this has not been done in the manner suggested by the petitioners does not mean that the exercise as undertaken by the State is unlawful or unconstitutional.”
The court also remarked that if authorities like BCI, national regulator for legal eduction, State Bar Council and Judiciary Department were consulted the situation would have been different and state would have been successful in introducing the changes.
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