A notice on a petition filed was issued to the BCI (Bar Council of India) by a division bench of Justices Dipak Misra and Arun Mishra, which questioned provision 28 of the Legal Education Rules, 2008 of the Bar Council Rules, which prohibited candidates aged twenty years and above from claiming admission to the five year bachelors of law program. The petitioners claimed that the provision 28 was illegal and discriminatory in nature and violative of articles 14, 19 1(g) & 21 of the Indian Constitution. In view of various orders passed by different high courts over this issue made it essential for the petitioners to approach the apex court to get a uniform view on this.The petitioners claimed that the said provision was ‘ultra vires’ the clauses of the Advocates Act, 1961 as laid down in 'Rajan Sharma v. The Bar Council of India' and 'Yasmin E Tavaria v. Union of India' by the Punjab & Haryana high court and Mumbai high court.
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