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Supreme Court confirmed order removing age barrier connected to CLAT test, 2015

New Delhi: A very landmark decision of Hon’ble Apex Judicial Authority of India (SC) removing bar on age relating to law education, has been pronounced on this Friday. Now, there is no bar in appearing in Common Law Admission Test- CLAT which is the screening gateway for taking admissions in the highly prestigious National Law Universities- NLU.

A challenge was brought to the Hon’ble High Court of Allahabad, by 21 candidates who desirous to appear the CLAT test of 2015. The challenge was specifically brought against the condition on age i.e. the age of candidate not to be greater than 20 year. The petitioner in their challenge submitted that, no upper age limitation is prescribed in respect of taking admissions in CA, B’Ed, CS and MBA courses.

The test being All India Entrance Examination which are conducted by the sixteen National Law Universities rotation wise, are taken basically for providing admissions to the candidates in Under graduation and Post graduation programmes in National Law Universities. This year, the test is to be conducted by Dr. Ram Manohar Lohia National Law University- RMLNLU, based in Lucknow.

The Bench of Hon’ble High Court of Allahabad, headed by Justice, Shashi Kant Gupta on this February, by an Order to the concerned National Law University- RMLNLU, directed to remove the age limitation of 20 years, for those who are desirous to appear in Common Law Admission Test- CLAT in this year.

Hon’ble High Court observed in its order that, the University- RMLNLU has completely shut its eyes. Further it was pointed that when the Bar Council of India- BCI itself has prescribed any upper age limit of 20 years for admissions in any such programme, then the University- RMLNLU had no authority in the eyes of law for prescribing any age limitation for appearing in CLAT test of 2015. The University- RMLNLU is observed to be a merely an ‘Examination Conducting University’. As such it was observed that, the University- RMLNLU had acted beyond its authority in prescribing upper age condition for CLAT test 2015, thus was ordered to remove the same.

The RMLNLU preferred challenge before hon’ble Supreme Court, to the said order of hon’ble High Court of Allahabad by way of appeal. However, the Bench of Justices V. Gopala Gowda and C. Nagappan of the Apex Court dismissed the appeal of University and as such the age bar is removed in toto.

by Faim Khalilkhan Pathan.