Karnataka High Court
Mr Sandesh B R vs The Karnataka State Law University on 28 February, 2024
Author: Suraj Govindaraj
Bench: Suraj Govindaraj
-1-
NC: 2024:KHC:8361
WP No. 5797 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 28TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ
WRIT PETITION NO. 5797 OF 2023 (EDN-RES)
BETWEEN:
MR SANDESH B R
S/O RAJANNA
AGED ABOUT 22 YEARS
I YEAR(I SEMESTER) LAW STUDENT
SARADA VILAS LAW COLLEGE
SARADA VILAS ROAD
KRISHNAMURTHYPURAM
MYSORE-570004
R/O BASAVALINGANADODI VILAGE
KESHTUR POST
ATHAGOOR HOBLI
MADDUR TALUK
MANDYA DISTRICT-PIN-571428
...PETITIONER
(BY SRI. SUBRAHMANYA P D.,ADVOCATE)
AND:
Digitally signed
by
NARAYANAPPA 1. THE KARNATAKA STATE LAW UNIVERSITY
LAKSHMAMMA NAVANAGAR, HUBLI
Location: HIGH PIN-580025
COURT OF REP BY ITS REGISTRAR
KARNATAKA
2. SARADA VILAS LAW COLLEGE
SARADA VILAS ROAD
KRISHNAMURTHYPURAM
MYSORE-570004
REP BY ITS PRINCIPAL
3. THE BAR COUNCIL OF INDIA
NO.21, ROUSE AVENUE INSTITUTIONAL AREA,
NEW DELHI-110022
REP BY ITS CHAIRMAN
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NC: 2024:KHC:8361
WP No. 5797 of 2023
...RESPONDENTS
(BY SRI. GIRISH KUMAR., ADVOCATE FOR R1;
SRI. ADARSH GANGAL., ADVOCATE FOR R2;
SRI. SRIDHAR PRABHU, ADVOCATE FOR R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227
FO THE CONSTITUTION OF INDIA PRAYING TO PASS/GRANT THE
WRIT OF CERTIORARI OR ANY OTHER WRIT OR ORDER OR
DIRECTION SETTING ASIDE THE COMMUNICATION VIDE
NO.KSLU/SYNDICATE/A.R.L/2022-23/2305 DTD 28.02.2023 PASSED
BY THE FIRST RESPONDENT HEREIN WHEREIN THE ADMISSION OF
THE PETITIONER FOR THREE YEAR LAW DEGREE HAS BEEN
REJECTED BEING ARBITRARY ERRONEOUS AND NOT SUSTAINABLE
IN LAW, (ANNX-M DTD 28.03.2023) AND ETC.
THIS WRIT PETITION, COMING ON FOR PRELIMINARY
HEARING IN 'B' GROUP, THIS DAY, THE COURT MADE THE
FOLLOWING:
ORDER
1. The petitioner is before this Court seeking for the following reliefs:
a. Pass/grant the writ of certiorari or any other writ or order or direction setting aside the communication vide No. KSLU/Syndicate/A.R.L./2022-23/2305 dated 28.02.2023 passed by the first respondent herein wherein the admission of the petitioner for three year Law degree has been rejected, being arbitrary, erroneous and not sustainable in law, (Annexure-M dated; 28.02.2023), in the interest of justice and equity.
b. Grant such other and further reliefs as are just which this Hon'ble Court deems fit in the facts and circumstances of the case even including the cost of this petition in the interest of justice and equity.-3-
NC: 2024:KHC:8361 WP No. 5797 of 2023
2. The petitioner completed his SSLC in the year 2016 and joined two year Industrial Training Course [ITI] in Electronics and mechanical and completed the same and thereafter joined three year Bachelor of Arts course. Having completed the said course, the petitioner applied for three year LL.B course on 27.01.2023 when he was admitted as a student in respondent No.2-college.
3. Examination notification having been issued on 27.01.2023, the petitioner was not permitted to take up the examination since respondent No.1-University did not approve of his candidature. On enquiry, the reason indicated being that he has not completed PUC or 10+2 but had taken up ITI which is not recognized vide communication dated 28.02.2023 at Annexure-M. Challenging the same, the petitioner is before this court.
4. The above aspect has already been considered by a Coordinate Bench of this Court vide order dated 8.12.2021 passed in W.P. No.200642/2021, as also by this Court in its order dated 22.04.2022 in W.P. -4- NC: 2024:KHC:8361 WP No. 5797 of 2023 No.101634/2022 and both the benches have come to a conclusion that ITI Course can be considered as a qualification course and equivalent to 10+2. Be that as it may, in the present case, the petitioner has taken admission for three year LL.B after having completed his Bachelor of Arts, which, according to me, is a qualifying course for three years LL.B. ITI being qualifying course for B.A., which is so recognized by the Bangalore University, now KSLU cannot have a grievance or cannot contend that the qualification of the petitioner which is recognized by the Bangalore University permitting the petitioner to take up B.A is not proper. There being no dispute that the petitioner has completed his B.A. Course which is qualifying degree for three year LL.B. course, I am of the considered opinion that the petitioner is qualified for the same and the respondent-University is required to recognize the same.
5. In that view of the matter, I pass the following: -5-
NC: 2024:KHC:8361 WP No. 5797 of 2023 ORDER i. The writ petition is allowed. ii. A certiorari is issued the endorsement /communication dated 28.02.2023 issued by respondent No.1-University at Annexure-M is hereby quashed.
iii. Respondent No.1-University is directed to confirm the admission of the petitioner for the 1st year LL.B course and permit the petitioner to appear for necessary examination.
iv. The results of the examination declared by respondent No.1-University shall be binding on respondent No.3-Bar Council of India. v. Respondent No.3 shall consider the confirmation on the petitioner satisfying with all necessary formalities including production of degree certificate in respect of B.A. Course.
Sd/-
JUDGE LN List No.: 2 Sl No.: 8