the goan I network
MARGAO
A law student, Sharmad Pai Kane, who was barred by the Law college run by the Vidya Vikas Mandal from answering the examination of VI semester of three-year LLB program has been allowed to answer the examination beginning from April 24 by the High Court, but on a host of conditions.
The student had knocked the doors of the High Court after he was barred by the Law College from answering the examination on grounds that he had not fulfilled the mandates of the minimum attendance.
While the petitioner had contended that he has completed the requisite attendance and there are certain rules which mandate that the Petitioner must be put to notice for short fall in attendance, the college had countered that the Petitioner has not fulfilled the mandates of the minimum attendance. Since the Bar Council of India, in spite of notice, has not appeared before the court and the fact that the court was informed that the examination starts tomorrow that is, 20 April 2018 and the first paper for the Petitioner is scheduled on 24 April, the Court said the student can be permitted to appear for the examination subject to certain conditions considering the shortage of time and that the Bar Council of India has not appeared to make their stand clear.
By way of ad-interim relief, the respondent College was directed to forward the form of the Petitioner to the Goa University by Friday 20 April 2018, for the VI Semester of the 3 year LL.B. programe, which is to commence on 24 April 2018 upon the Petitioner paying the examination fee to the College.
Direction was issued to the Goa University to issue Hall Ticket to the Petitioner for the said examination on 24 April 2018 onwards, subject to further orders which may be passed by this Court on the next date and subject to the stand, if any, of the Bar Council of India.
The Court has granted the ad-interim relief subject to the condition that the Petitioner will not claim any equity whatsoever on the ground that he is permitted to appear for the said examination on the basis of this order. The student is required to file an undertaking to this effect on April 20, with the Court making it clear that if such undertaking is not filed by 20 April 2018, the ad-interim relief shall stand vacated without further reference to the Court
While issue directions to the concerned authorities to act upon an authenticated copy of this order, the Court observed “needless to add that the result of the Petitioner of the said examination shall not be declared without permission of this Court.
“We make it clear that this indulgence shown to the Petitioner is subject to further orders to be passed in the petition and subject to the stand of the Bar Council of India. We had in fact adjourned the petition for the Petitioner to take instructions in the light of the clear stipulation by the Bar Council of India, which empowers the Bar Council of India to withhold grant of Sanad, if the degree is not acquired by the student in consonance with the legal standards set by the Bar Council of India. The learned counsel for the Petitioner submitted that the Petitioner is aware of this position”, the court stated.
