Karnataka High Court
Karan Dhananjaya vs The Bar Council Of India on 13 November, 2024
Author: Suraj Govindaraj
Bench: Suraj Govindaraj
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NC: 2024:KHC:46042
WP No. 29996 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 13TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ
WRIT PETITION NO. 29996 OF 2024 (EDN-RES)
BETWEEN:
KARAN DHANANJAYA
S/O C.M. DHANANJAYA,
AGED ABOUT 25 YEARS,
NO 255, SAI KRUPA,
6TH CROSS, 1ST STAGE,
INDIRANAGAR,
BANGALORE- 560038.
...PETITIONER
(BY SRI. TIRUVENGADUM B.C., ADVOCATE FOR
SRI. CHETAN JADHAV.,ADVOCATE)
AND:
1. THE BAR COUNCIL OF INDIA
REP BY MEMBER SECRETARY
21, ROSE AVENUE,
INSTITUTIONAL AREA,
NEW DELHI -600104.
Digitally signed
by SHWETHA 2. NATIONAL LAW SCHOOL OF INDIA UNIVERSITY,
RAGHAVENDRA REP BY VICE CHANCELLOR,
Location: HIGH GNANA BHARATHI MAIN RD,
COURT OF TEACHERS COLONY, NAAGARABHAAVI,
KARNATAKA
BENGALURU -560072
(DELETED AS PER COURT ORDER DATED 11.11.2024)
3. KARNATAKA STATE BAR COUNCIL,
REP BY MEMBER SECRETARY,
OLD K.G.I.D BUILDING,
DR AMBEDKAR RD, AMBEDKAR VEEDHI,
BENGALURU, KARNATAKA 560001
...RESPONDENTS
(BY SMT. ANUBHA SRIVASTAVA., ADVOCATE FOR R1;
SRI. G. NATARAJ., ADVOCATE FOR R3;
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NC: 2024:KHC:46042
WP No. 29996 of 2024
R2-VIDE ORDER DATED 11.11.2024 DELETED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR ENTIRE
RECORDS AND ISSUE A WRIT, ORDER OR DIRECTION IN THE
NATURE OF CERTIORARI THEREBY QUASHING THE PORTION OF THE
ANNEXURE-D DATED 19.09.2020 BEARING NO. BCI:D:2494/2020
WHICH MANDATES HOLDING OF THE QUALIFYING EXAMINATION
FOR INDIAN NATIONALS HOLDING FOREIGN LAW DEGREES BY THE
BAR COUNCIL OF INDIA FOR INDIAN STUDENTS HAVING FOREIGN
LAW DEGREES AND HAVING COMPLETED BRIDGE COURSE VIDE AND
THE LATEST NOTIFICATION ISSUED BY THE 1ST RESPODNENT VIDE
ANNEXURE-D1 DATED 21.02.2023 WHICH IS THE NOTIFICATION
REGARDING THE RECOGNITION OF FOREIGN LAW DEGREES BY THE
BAR COUNCIL OF INDIA FOR INDIAN STUDENTS AND ETC.
THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ
ORAL ORDER
1. The petitioner is before this Court seeking for the following reliefs;
a. Call for entire records.
b. Issue a writ, order or direction in the nature of certiorari thereby quashing the portion of the Annexrue-D dated 19.09.2020 bearing No. BCI:D;2494/2020 which mandates holding of the qualifying examination for Indian Nationals holding foreign Law Degrees by the Bar Council of India for Indian Students having foreign Law Degrees and having completed Bridge course vide and the latest notification issued by the 1st Respondent vide Annexure-D1 dated 21.02.2023 which is the notification regarding the recognition of foreign Law Degrees by the Bar Council of India for Indian Students.
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NC: 2024:KHC:46042 WP No. 29996 of 2024 c. Issue a writ, order or direction in the nature of Mandamus directing the Bar Council of India to declare that the All India Bar Examination will be the common qualifying examination for both Indian Nationals having foreign Law Degrees who have completed the Bridge Course, as well as Indian Nationals with LLB Degree and there would be no multiple set of Examinations.
d. Pass any other appropriate order or direction as this Hon'ble court may deem fit under the facts and circumstances of the case, in the interests of justice and equity.
2. The petitioner is an Indian National, who finished his 12th standard in India and thereafter took up admission in the Birmingham City University for Bachelor of Laws with Honours. The said University and College being recognized by the Bar Council of India. The petitioner completed his three-year course in 2020 and was awarded a degree by the said University. The petitioner with an intention to practice in India, came back to India and in terms of the requirement of the notification dated 5.6.20216, as also the notification dated 21.2.2023, the petitioner took up the Bridge Course offered by the National School of Indian University, Bangalore which -4- NC: 2024:KHC:46042 WP No. 29996 of 2024 is one of the recognized institutions where the Bar Council of India to provide the Bridge Course.
3. After having cleared the Bridge Course, the petitioner wanted to enroll in the Karnataka State Bar Council, when he was informed that without appearing for the qualifying examination, he could not enroll himself in the Karnataka Bar Council and only after taking up the qualifying examination, enrolment would be permitted and subsequently, the petitioner would have to take up the All India Bar Examination (AIBE), in order to practice.
4. Sri.Tiruvengadum.B.C., learned Senior counsel appearing for the petitioner would submits that; 4.1. By referring to the notification dated 21.2.2023, that even as per the Bar Council, there are two patterns of the Law Degree in India. The first one being 12 + 3(graduation + 3 years LLB course) and the other being 10+ 5 years (Integrated Law Degree Course).
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NC: 2024:KHC:46042 WP No. 29996 of 2024 4.2. Insofar as some Foreign Law Colleges/Universities are concerned, he submits that those colleges offer two kinds of courses, one for 3 years and the other for 4 years and insofar as these courses are concerned, the Bar Council has fixed a 1-year Bridge Course for those students who have cleared a 4 year course and 2 year Bridge Course for those students who have cleared a 3 year Law Degree.
4.3. By making the bridge course mandatory and as such, the petitioner having taken up the Bridge Course and qualifying in the Bridge Course, there is no requirement of any other qualifying examination to be taken up by the petitioner. On such qualifying the Bridge Course, the petitioner ought to be permitted to enroll in the Karnataka Bar Council.
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NC: 2024:KHC:46042 WP No. 29996 of 2024
5. The submission of Ms. Anubha Srivastava., learned counsel appearing for the Bar Council of India- respondent No.1 is that;
5.1. There is a qualifying examination which is a prerequisite for any student who has completed his Law Degree abroad without taking up the qualifying examination here in India. The question of enrollment in the State Bar Council like the Karnataka State Bar Council would not arise and as such, it is for that reason that instructions have been given by the Bar Council of India to the State Bar Councils not to enroll a Law Degree holder from a university abroad who has not taken up qualifying examination here.
5.2. She submits that this requirement has been imposed by the Bar Council of India being a statutory organization in terms of Section 7(1)(h), 7(1)(i), 7(1)(ic) of the Advocates Act, 1961 and as such she submits that the -7- NC: 2024:KHC:46042 WP No. 29996 of 2024 petitioner has not having clear the qualifying examination, the State Bar Council cannot enroll such a student.
5.3. She submits that this requirement of qualifying examination is to ensure equivalency between a student who has been a law graduate from India and a law graduate from a college abroad.
6. Heard Sri.Tiruvengadum.B.C., learned Senior counsel appearing for the petitioner, Ms. Anubha Srivastava., learned counsel appearing and Sri.G.Nataraj., learned counsel appearing for respondent No.3. Pursued papers.
7. The short question that would arise for consideration in the present matter is;
"Whether a person who has done 12+3+2 year Bridge Course or 12+4+ 1 year Bridge Course is still required to take a qualifying examination or not?
8. The arguments which have been addressed by the both counsels have been extracted hereinabove. -8-
NC: 2024:KHC:46042 WP No. 29996 of 2024
9. The relevant portion of the notification dated 21.2.2023 for examining the above is extracted hereunder;
Notification relating to Recognition by Bar Council of India of Foreign Universities imparting Legal Education and issuing Law Degrees and Equivalence of Law Degrees by Bar Council of India of Law Degrees obtained from Foreign Universities by Indian Citizens.
This is to notify that any Law Degree obtained by an Indian citizen from a foreign University, not recognized by the Bar Council of India, with effect from admissions taken from the academic session 2023-2024 shall not be eligible to be equated to a corresponding Law Degree obtained from an Indian University and the Indian citizen shall not be considered eligible to appear in the Qualifying Examination For Indian Nationals Holding Foreign Law Degrees for purposes of equating such degree and resultantly shall not be eligible to be enrolled with any State Bar Council. The reason is that, it is necessary to examine the details of courses, infrastructure, international scholarships and other requirements which are needed for an Indian student pursuing Legal Education in a foreign country. Therefore, unless the eligible to be equivalent law Degree is granted by any foreign institution duly recognised by the Legal Education Committee of Bar Council of India, subject to such law degree holders qualifying in the Qualifying Examination For Indian Nationals Holding Foreign Law Degrees for the purposes of equating such degree, and subject to them further fulfilling prerequisites of enrolment as per Advocates Act, 1961, along with BCI and State Bar Council relevant rules for enrolment, they cannot be enrolled in India.
In India, the pattern for pursuing a Law Degree is either 12 + 3 years (graduation) + 3 years LLB degree OR 12 +5 years integrated law degree. -9-
NC: 2024:KHC:46042 WP No. 29996 of 2024 Law Degree from a foreign university, whose Law Degree is recognised by the Bar Council of India can make up the deficient years by pursuing 1 years or 2 years of Bridge Degree Course in accordance to the deficient years from India International University of Legal Education and Research, Goa. For eg. If an Indian Citizen has done 12+ 3 years Law Degree from a foreign University whose law Degree is recognized by Bar Council of India, then he/she can make up such deficiency by pursuing 2 years of Bridge course from India as stated above. On the other hand, if an Indian citizen has done 12+3 (graduation) + 3 years Law Degree from a foreign University recognized by Bar Council of India, then he/she need not pursue any Bridge course and shall be eligible to appear in the Qualifying Examination For Indian Nationals Holding Foreign Law Degrees after obtaining a letter/certificate from Bar Council of India, stating that the said foreign degree shall be considered to be equivalent to a corresponding Indian Law degree subject to the candidate qualifying in Qualifying Examination For Indian Nationals Holding Foreign Law Degrees.
10. A perusal of the above would indicate that the Bar Council of India has recognized that in India the Law Degrees are of two kinds. One is 12+3 years (graduation+3 years LLB) and the other being 12+5 years (Integrated Law Degree).
11. The Bar Council has also taken into account that in other countries the Law Degrees taken up by students could be 10+3 (under graduation + 3 Law Degree), 10+3+graduation+4 Law Degree and 12+
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NC: 2024:KHC:46042 WP No. 29996 of 2024 3 graduation+3 years Law Degree. Insofar as 12+3 Law Degree is concerned for a foreign university, a Bridge Course of two years is prescribed and insofar as 12+4 years of Law Degree is concerned, a bridge Course of one year has been prescribed.
12. Thus, it is clearly seen that what is sought to be achieved by the Bar Council of India in terms of equivalence is to bring it in line with 10+5 years. Thus 10+3+2 would also lead to 10+5, 10+4+1 would also lead to 10+5.
13. There is one other distinction which has been made by the Bar Council of India as regards the Indian citizen who has done 12+3 graduation + 3 years Law Degree from a Foreign University. Though there is no distinction as such made as to whether 3 year graduation is done in India or abroad, what has been mandated is, if a 3 year Law Degree is done from a Foreign University recognized by the Bar Council of India, then in such case, the said person need not pursue any bridge course and shall be eligible to
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NC: 2024:KHC:46042 WP No. 29996 of 2024 appear in the qualifying examination for Indian nationals who holding foreign Law Degree. This being simply for the reason, that the person has done 12+ 3+3 i.e., that is 12+ 6, which is over and above the requirement of 10+5 mentioned above.
14. Therefore, there would be no requirement to enroll in a Bridge Course. The equivalence being achieved to reach 10+5, there is no requirement mandated to take up a Bridge Course if a person has done 12+3+ 3 years. It is only in such circumstances that it is stated that such person shall be eligible to appear for the qualifying examination after completion of 12+3 +3 as referred to supra and as extracted hereinabove, insofar as 12+3 or 12+4 is concerned, a Bridge Course is mandated and in regard to that mandate, there is no requirement which has been made applicable as regards taking a qualifying examination.
15. The qualifying examination being restricted only to a situation where Bridge Course is exempt i.e., where
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NC: 2024:KHC:46042 WP No. 29996 of 2024 a student has taken up 12+3+3. Hence, I am of the considered opinion that, now reading both the requirements conjunctively is not permissible, the requirement for 12+3 and 12+4 being a Bridge Course, no qualifying examination is prescribed. The requirement for 12+3+3 years not requiring a Bridge Course qualifying examination is prescribed.
16. The other qualifying examination which has been prescribed in the All India Bar Examination (AIBE) is one which is required to taken by all the students irrespective of they being Indian Law Degree holders or a Foreign Degree Holders, whether they have done the Bridge Course or not. So the requirement of AIBE will have to be satisfied but all the students.
17. In view of the above, in the present case, the petitioner being a 12 + 3 Law Degree holder from a foreign university and having completed 2 years of Bridge Course, I am of the considered opinion that in terms of the notification dated 21.3.2023, such degree holder is not required to take up any other
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NC: 2024:KHC:46042 WP No. 29996 of 2024 qualifying examination other than the All India Bar Examination (AIBE), as such I pass the following;
ORDER
i. This petition is allowed.
ii. Respondent No.3 is directed to enrol the
petitioner as its rolls on the basis of the results of the Bridge Course without insisting for any other qualifying examination.
iii. Respondent No.3 shall act on a copy of the operative portion of the order without insisting on the entire order.
SD/-
(SURAJ GOVINDARAJ) JUDGE SR/List No.: 2 Sl No.: 5