The Supreme Court on November 6, closed a petition challenging the Bar Council of India's upper age restrictions for admission to three-year and five-year LL.B. courses after the BCI informed the Court that its General Council had resolved to withdraw the restrictions. The submission was made before a Bench comprising Chief Justice of India Surya Kant, Justice Joymalya Bagchi and Justice V. Mohana in Rishabh Duggal & Anr. v. Bar Council of India & Anr.
Background
The dispute concerned Clause 28 of Schedule III of the BCI Rules of Legal Education, 2008, which prescribed maximum age limits for candidates seeking admission to law programmes.
Although the BCI had withdrawn the provision in 2013, it subsequently restored the restrictions through a circular issued in September 2016. The decision faced legal challenges before different High Courts and the Supreme Court.
The petitioners questioned whether the BCI had statutory authority to impose an upper age limit on aspiring law students.
During the hearing, the BCI's counsel informed the Bench about the General Council's decision to withdraw the restrictions.
"The Bar Council of India has withdrawn the age restriction. A resolution was passed yesterday," the counsel submitted.
The BCI's resolution reportedly followed consideration of a reasoned order by former Delhi High Court Chief Justice Rajendra Menon, who is associated with the BCI's Legal Education Committee, and the recommendations of its Standing Committee on Legal Education.
The resolution also recorded the Council's view that existing academic and professional requirements were sufficient to maintain educational standards.
"The Council is satisfied that existing requirements governing educational qualifications, attendance, teaching hours, examinations and professional training adequately safeguard standards of legal education, without excluding otherwise eligible candidates merely on account of age."
Senior Advocate Zoheb Hossain, appearing for the petitioners, requested the Court to record the final nature of the BCI's decision, pointing out that the restriction had previously been withdrawn and subsequently restored.
The BCI's counsel clarified that the resolution had been passed only on November 5 and was therefore not filed earlier.
After taking the BCI's submission on record, the Supreme Court proceeded to close the petition in view of the withdrawal of the age restrictions.
