ORDER The petitioner no 1 is the son of the petitioner no. 2. The petitioner no. 1 had his education both at the Secondary and Higher Secondary levels in Calcutta and completed both the Secondary and Higher Secondary Examinations with Hindi as First Language having passed the Higher Secondary Examination in 1991 obtaining 48% marks in aggregate. It is stated that when be went to the Surendranath Law College to obtain admission in the 1st year of 5-Year LL.B. Course for the session 1991-92, he learned from the Office of the said College that only those students who have got 45% aggregate marks in Higher Secondary Examination or its equivalent examination and have studied Bengal at Secondary level would be entitled to get admission. The petitioner no. 1 has not studied Bengali at the Secondary level. A Notice to that effect was published in “The Statesman” of 10th August, 1991 and in other papers as well and on the Notice Board of the College a Notice was also pasted. The petitioner no. 1 tried to meet the Principal of the College and when he ultimately met he was told that as he did not study Bengali Language at the Secondary level he was not eligible for admission. The petitioners contention is that he has studied Hindi which is the national language of India. The petitioners state that the University of Calcutta has not laid down any such criterion for admission in the 1st Year of the 5-Year LL.B Course in the University Law College and the only condition is that the candidate must obtain 45% marks in aggregate in the Higher Secondary Examination. The University is holding classes of' 5-Year LL.B. Course during day-time and there is no provision for morning and/or evening sessions and as the petitioner no. 1 is also pursuing Diploma Courses in Radio and T.V. Technology etc. during day-time it would be quite inconvenient for him to attend the classes in the University Law College. It is stated that other similarly situated candidates knowing Hindi would be denied admission in the law course which will be arbitrary, uncalled for, unjustified, illegal and violative to Articles 19, 29, and 35 of the Constitution and the Eighth Schedule thereunder. It is stated that this restriction encroaches upon the fundamental rights of the petitioner no. 1 guaranteed under the Constitution. It is further stated that the petitioner no. It is stated that this restriction encroaches upon the fundamental rights of the petitioner no. 1 guaranteed under the Constitution. It is further stated that the petitioner no. 1 has the statutory right under the Rules framed by the Bar Council of India for admission in 5-Year LL.B. Course and by not admitting him the College is violating his statutory right which would cause academic loss to the petitioner. 2. Mr. Mullick, the learned Advocate appearing for the petitioner, Mr. Sengupta, the learned Advocate appearing for the Surendranath Law College and Mr. Chatterjee, the learned Advocate appearing for The Calcutta University placed their respective submissions before the Court. Mr. Sengupta defended the act of the Surendranath Law College on the basis of the Bar Council Rules. Mr. Chatterjee, as there was no allegation against the Calcutta University, simply placed the Notice of the Department of Law, Calcutta University, for the perusal of the Court. 3. the central point of dispute to be decided in the case is whether a Hindi knowing candidate who has not studied Bengali upto Secondary level should be allowed to be admitted in the Sureodranath Law College in spite of the fact that he had secured 48% of marks in the Higher Secondary Examination from the West Bengal Council of Secondary Education. On 10th August, 1991 the following advertisement was published in “The Statesman” of Calcutta :–– "Surendranath Law College 24/2, M.G. Road, Calcutta-9. Admission-B.A. LL.B. Course, Session-1991-92. Application forms for admission in the 1st year of 5 Year LL B. Course for the session 1991-92 may be had from the college office from 20th August and 15th September, 1991 between 8 a.m. to 11 a.m. on all working days on payment of Rs. 5 (Rupees five) for each form on production of original marksheet. Forms will be issued to candidates who passed Higher Secondary (10+2) Examination or, equivalent Examination securing minim urn 45% aggregate marks for general and 40% of SC/ST candidates. Admission will be conducted in full compliance with the provisions laid clown by Bar Council of India and Calcutta University. Preference will be given to candidates who passed H.S. or equivalent examination in the year 1991. Candidates who have not studied Bengali at Secondary level need not apply. (Emphasis given) Last date for submission of application forms, duly filled in, is 25th September, 1991. Principal”. 3. Preference will be given to candidates who passed H.S. or equivalent examination in the year 1991. Candidates who have not studied Bengali at Secondary level need not apply. (Emphasis given) Last date for submission of application forms, duly filled in, is 25th September, 1991. Principal”. 3. The petitioner is hit by the portion of the above advertisement particularly the portion underlined by the Court which says that candidates who have not studied Bengali at Secondary level need not apply. By this advertisement the door for non-Bengali knowing candidates has been closed for admission in the Surendranath Law College. In this connection it will be worthwhile to quote the following Notice issued by the Department of Law, Calcutta University, dated 21st August, 1991 which is as follows :– “Application forms for admission to the 1st Year LL B. Class of the 5-Year Day course for the session 1991-92 will be issued between 11.30 A.M. to 4.00 P.M. at the University Sales Counter, College Street, Calcutta 700 073 on all working days from 29.8.91 to 13.9.91 on payment of Re. 1/only. Those who have passed the Higher Secondary Examination under (10+2) system or its equivalent examination securing at least 45% (40% marks in case of SC/ST) marks in aggregate are eligible to apply for admission. Knowledge in Bengali is desirable. (Emphasis given) Applications forms duly filled in will be received at Department of Law, 51/1 & 2, Hazra Road, Calcutta-700 019 till 16.9.91 (400 P.M.). Details may be obtained from the office stated above. Sd/-(M.K. Nag) Secretary. Faculty Council for P.G. Studies in Law Calcutta University.” 4. Here the University made only one condition i.e. the knowledge in Bengali is desirable. Now when the two Notices of the Surendranath Law College and the Law Department of Calcutta University are taken together for a comparative study, it definitely appears that the Notice issued by the Calcutta University is more in tune and in accordance to principles of natural justice than the one issued by the Surendrsnsth Law College. The Surendranath Law College imposed an embargo upon the admission of non-Bengali knowing candidates in the 5-Year LL.B. Degree Course whereas the Calcutta University put a modest restriction by putting that knowledge in Bengali as desirable. The Surendranath Law College imposed an embargo upon the admission of non-Bengali knowing candidates in the 5-Year LL.B. Degree Course whereas the Calcutta University put a modest restriction by putting that knowledge in Bengali as desirable. The spirit of the Bar Council of India as well as the Constitution fully support the Notice issued by the Faculty Council for P.G. Studies in Law of the University of Calcutta. It provides ample opportunity to a non-Bengali knowing student to acquire Bengali learning or improve the same upto the standard required for the purpose of Part I examination of “Legal Bengali.” 5. There can be no denial that knowledge of Bengali is desirable for admission in the 5-Year LL.B. Degree Course. The contention of the learned Advocate for the petitioner does not appear to me sound. The Bar Council of India Rules, Appendix-F, relating to Legal Language including Legal Writing specifically states as follows :– “It is recommended that this course on Legal Language and Legal Writing may be offered in the regional language or in Hindi.” (Emphasis given) The above quotation is further elucidated as under :–– “However, in some States the local language is slowly but steadily replacing English in legislation a well as in administration of justice in lower Courts..................... The new scheme of legal Education under 10+2+5 also consequently adopts a curriculum which develops in every prospective Lawyer proficiency in English as well as in the regional language for the purpose of effective legal practice............It is expected that in this course, proficiency in Hindi or other regional medium adopted for Legal Education will be Imparted so that the person when enrolled will be competent to use that medium for his professional work......... Therefore this Course on Legal Language and Legal Writing will include instruction to use the regional medium for developing proficiency with a view to transact legal work through that language.” 6. I have quoted from Appendix-F of the Bar Council of India Rules to bring home the point that the knowledge of the regional language is a must and cannot be by-passed, If one bas to qualify for 5-Year LL.B. Degree in West Bengal, he must have a workable knowledge of the Bengali language because even in the High Court of West Bengal at Calcutta without a workable knowledge of Bengali it is difficult sometime to have the exact grasp of the contents. Some of the writ applications in the Appellate Side of the High Court contain Annexures in Bengali language and in Second Appeals invariably Bengali documents are referred to and as such acquaintance with the language, of an Advocate cannot be denied to do justice to his clients. 7. The Syndicate of the University of Calcutta approved some amendments to the Regulations of the 5-Year LL.B. Degree Course at its meeting on 4th July, 1989 effective from the academic session 1988-89 through Notification no, CSR/I.90. It is stated therein that from the academic session 1988-89 there will be four-part Examinations instead of three-part. The amendments redistributes Law Papers among the different parts. The Part-I which includes Legal Language of 100 marks is divided into Legal English and Legal Bengali of 50 marks each and is the Ninth Paper. I have before me three sets of Ninth Paper for the years 1988, 1989 and 1990. In 1988 the examinees were asked to write arzi or written statement, a Will or Halafnama and short notes on any three items, in 1989 the examinees were asked either to draft a legal document as indicated or an Arzi or a Jawab. They were also asked to write: shorts notes on any three subjects and to draft Codicil or Kobala or Conveyance. In 1990 the examinees were asked to draft a plaint or written statement or Kobala or Will as well as three short notes on the subjects given. In a 5-Year Course the Ninth Paper of Part-I consists of 1,000 marks and out of 1.000 only 50 marks are allotted for Legal Language to be written in Bengali which 'has been described as Group-B : Legal Bengali. It is not a difficult task for a student even whose mother-tongue or medium of instruction is not Bengali to pick up sufficient working knowledge to answer 50 marks in Bengali Language relating to common documents and words used in the courts of West Bengal because most of the words are of Persian origin. In case a Lawyer is not aware of the type of things I have mentioned hereinbefore it would be quite difficult for him to practice the profession in the State. In the District Courts Bengali is often in use and In the High Court of West Bengal at Calcutta Bengal documents and letters as annexures are in frequent use. In case a Lawyer is not aware of the type of things I have mentioned hereinbefore it would be quite difficult for him to practice the profession in the State. In the District Courts Bengali is often in use and In the High Court of West Bengal at Calcutta Bengal documents and letters as annexures are in frequent use. The Lawyer must have an elementary language if not a perfect knowledge of the legal terminologies and the meaning of the documents and must read and write at least in a working manner the Bengali Language. 8. The argument of contravention of the provisions of Articles 19, 29 and 35 of the Constitution of India has no basis to stand as there is no interference in the freedom of speech, peaceful assembly, formation of associations or unions, fee movement and to practice any profession or to carry any occupation trade or business. It must be said that reasonable restrictions on the exercise of the right conferred under sub-clause (g) of Article 19 is justified under Article 19(1)(6). Article 29 relating to protection of the interest of the minority is in no way disturbed by prescribing Rules that a LL.B. student should have a knowledge of Bengali. Further, Article 35 deals exclusively with a different matter and cannot be brought here unnecessarily to confuse the entire issue. No fundamental right of any kind is injured or contravened in any way by asking the student in the 5-Year LLB. Course to study Bengali of 50 marks out of 1,000 marks. I simply wonder why the Eighth Schedule of the Constitution has been mentioned where Bengali is one of the Languages of the Union of India and Hindi is given a dominant place in the Constitution. There can be no dispute on this point. Article 29(2) of the Constitution is an individual right given to the citizen as such and not as a member of any community but to all citizens whether they belong to majority or minority groups (State of Bombay v. Bombay Education Society, 1955(1) SCR 568). If a citizen who seeks admission in any such educational institution has not the requisite qualifications and is denied admission on that ground, he certainly cannot be heard to complain of an infraction or of his fundamental right under this Article. If a citizen who seeks admission in any such educational institution has not the requisite qualifications and is denied admission on that ground, he certainly cannot be heard to complain of an infraction or of his fundamental right under this Article. But, on the other hand, if he has the academic qualifications and is refused admission only on ground of religion, race, caste, language or any of them, then there is a clear breach of his fundamental right under Article 29(2) (State of Madras v. Champakam 1951 SCR 525 ). The reference to Article 351 of the Constitution relating to the directive for development of the Hindi Language is merely a directive and is not included in Part-IV relating to Directive Principles of State Policy. It will be worth noting that the Supreme Court has held it to be justiciable, in annulling a Madras Government order, sanctioning the grant of pension to anti-Hindi agitators in that State, because such order would, in effect, excite emotion against Hindi instead of promoting it (R.R. Dalavai v. State of Tamil Nadu AIR 1976 SC 1559 ) 9. From the aforesaid discussion I have come to the conclusion that the Appendix-F of the Bar Council of India Rules relating to Legal Language has rightly included local regional language along with English Language for proficiency in legal profession. The knowledge of regional language is essential and there cannot be any two opinions on this count. The Bar Council of India Rules as contained in Appendix-F is very clear on the point that it was neither desirable nor possible to structure a uniform syllabus in the 10+2+5 LL.B. Degree Course. It is for each University which uses English for legal education to evolve the syllabus for the Course keeping in the mind the directive as contained in this Appendix keeping in view the regional language. 10. The Calcutta University's course of 5-Year LL.B. Degree consists of four parts. The Part-I contains only 50 marks for Legal Language i.e. Legal Bengali. This is most modest, appropriate and right syllabus adopted by the University of Calcutta for the 5-Year LL.B. Degree on the basis of the Bar Council of India Rules as contained in Appendix-F and it should not be interfered with. 11. The Part-I contains only 50 marks for Legal Language i.e. Legal Bengali. This is most modest, appropriate and right syllabus adopted by the University of Calcutta for the 5-Year LL.B. Degree on the basis of the Bar Council of India Rules as contained in Appendix-F and it should not be interfered with. 11. At the same time I must say that the advertisement of the Surendranath Law College as published in the Statesman on 10th August, 1991 to the effect that the “Candidates who have not studied Bengali at Secondary level not apply.” is neither in keeping with the tune of the Bar Council of India Rules, Appendix-F, nor with the Notice issued by the Secretary, Faculty Council for P.G. Studies in Law, Calcutta University, dated 21st August, 1991. The University’s form of Notice to the effect that “Knowledge in Bengali is desirable” is in appropriate words and there must not be a blanket ban for admission as contained in the advertisement of the Surendranath Law College. 12. In the circumstances I hold that the Notice in the form as issued on 21st August, 1991 by the Department of Law, Calcutta University, under the signature of the Secretary, Faculty Council for P.G. Studies in Law, for admission to 1st year of 5-Year LL.B. Course of 1991-92 session containing the words “Knowledge in Bengali is desirable” is perfect and accurate. The advertisement of the Surendranath Law College as published by the Principal in “The Statesman” and the “Ananda Bazar Patrika" on 10th August, 1991 containing the paragraph “Candidates who have not studied Bengali at Secondary level need not apply” is inappropriate and debarred a good number of intending candidates from admission and is hereby quashed. I direct that the Surendranath Law College should use the model of the Calcutta University's Notice dated 21st August, 1991 for admission to 1st year of 5-Year LL.B. Degree Course with particular reference to the knowledge of Bengali. 13. It is further directed that the petitioner, Javed Kausar Sanwarwala, who has already taken admission in the 1st year of 5-year LL.B. Course for the session 1991-92 at the Surendranath Law College, Calcutta, by order of this Court will continue to proceed with his 5-Year LL.B. studies and shall appear in all the Papers including the Paper which includes Legal Language of 100 marks including 50 marks in Legal Bengali. The writ application is allowed with direction. The writ application is allowed with direction. All parties to act on the signed xerox copy of the Dictated Order countersigned by the Court Officer on usual undertaking. Petition allowed with directions.