Karnataka High Court
Mr Srinivas Murthy R vs The Karnataka State Law University on 12 August, 2024
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
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NC: 2024:KHC:32112
WP No. 6684 of 2023
C/W WP No. 4528 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF AUGUST, 2024
BEFORE
THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
WRIT PETITION NO. 6684 OF 2023 (EDN-RES)
C/W
WRIT PETITION NO. 4528 OF 2023(EDN-EX)
IN W.P.No.6684/2023
BETWEEN:
MR SRINIVAS MURTHY R
S/O M RAMAIAH,
AGED ABOUT 38 YEARS,
I YEAR (I SEMESTER) LAW STUDENT,
B E S COLLEGE OF LAW,
16TH MAIN, 4TH BLOCK,
JAYANAGAR, BENGALURU 560011,
R/O NO 156, AMBEDKAR COLONY,
OPP GOVT. SCHOOL DODDATHOGURU,
Digitally BENGALURU SOUTH 560100
signed by ...PETITIONER
Vandana S
(BY SRI. SUBRAHMANYA P D DATTATRAY HEGDE., ADVOCATE)
Location:
HIGH AND:
COURT OF
KARNATAKA 1. THE KARNATAKA STATE LAW UNIVERSITY
NAVANAGAR, HUBLI, 580025,
REP BY ITS REGISTRAR
2. B E S COLLEGE OF LAW
16TH MAIN, 4TH BLOCK,
JAYANAGAR, BENGALURU 560011,
REP BY ITS PRINCIPAL
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NC: 2024:KHC:32112
WP No. 6684 of 2023
C/W WP No. 4528 of 2023
3. THE BAR COUNCIL OF INDIA
NO 21, ROUSE AVENUE INSTITUTIONAL AREA,
NEW DELHI 110022,
REP BY ITS CHAIRMAN
...RESPONDENTS
(BY SRI. GIRISH KUMAR R., ADVOCATE FOR R1;
R2 SERVED BUT UNREPRESENTED;
SRI. SHRIDHAR PRABHU, ADVOCATE FOR R3)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE
CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER OR
DECISION MADE IN THE COMMUNICATION VIDE NO.KSLU/REG/ACAD-
II/ADMSNAPPR/2022.23/2443(L) DTD 16.03.2023 PASSED BY THE R1
WHEREIN THE ADMISSION OF THE PETITONER FOR THREE YEAR LL.B,
DEGREE HAS BEEN REJECTED, BEING ARBITRARY, ERRONEOUS AND
NOT SUSTAINABLE IN LAW, (ANNEXURE-P DTD 16.03.2023)
CONSEQUENTLY DIRECT THE R1 TO APPROVE THE ADMISSION OF THE
PETITIONER FOR THREE YEAR LL.B, DEGREE.
IN W.P.No.4528/2023
BETWEEN:
MR SRINIVAS MURTHY R
S/O M RAMAIAH,
AGED ABOUT 38 YEARS,
I YEAR (I SEMESTER) LAW STUDENT,
B E S COLLEGE OF LAW,
16TH MAIN, 4TH BLOCK,
JAYANAGAR, BENGALURU 560011,
R/O NO 156, AMBEDKAR COLONY,
OPP GOVT. SCHOOL DODDATHOGURU,
BENGALURU SOUTH 560100
...PETITIONER
(BY SRI. SUBRAHMANYA P D DATTATRAY HEGDE., ADVOCATE)
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NC: 2024:KHC:32112
WP No. 6684 of 2023
C/W WP No. 4528 of 2023
AND:
1. THE KARNATAKA STATE LAW UNIVERSITY
NAVANAGAR, HUBLI, 580025,
REP BY ITS REGISTRAR
2. B E S COLLEGE OF LAW
16TH MAIN, 4TH BLOCK,
JAYANAGAR, BENGALURU 560011,
REP BY ITS PRINCIPAL
...RESPONDENTS
(BY SRI. GIRISH KUMAR R., ADVOCATE FOR R1,
R2 SERVED BUT UNREPRESENTED)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE
CONSTITUTION OF INDIA PRAYING TO GRANT THE WRIT OF MANDAMUS
OR ANY OTHER WRIT OR DIRECTION DIRECTING THE RESPONDENTS
HEREIN TO GRANT PERMISSION TO THE PETITIONER TO SUBMIT THE
EXAMINATION APPLICATION FORM, MAKE PAYMENT OF EXAMINATION
FEES AND APPEAR IN THE I SEMESTER IN THE SECOND RESPONDENT
COLLEGE..
THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER
WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
ORAL ORDER
In W.P.No.6684/2023, petitioner seeks for the following reliefs:
"Pass/grant the writ of certiorari or any other writ or order or direction setting aside order or decision -4- NC: 2024:KHC:32112 WP No. 6684 of 2023 C/W WP No. 4528 of 2023 made in the communication vide No.KSLU/Reg/Acad- II/AdmsnAppr/2022-23/2443 (L) dtd: 16.03.2023 passed by the first respondent wherein the admission of the petitioner for three year LL.B., degree has been rejected, being arbitrary, erroneous and not sustainable in law, (Annexure-P dtd: 16.03.2023), consequently direct the respondent No.1 to approve the admission of the petitioner for three year LL.B., degree."
In W.P.No.4528/2023, petitioner seeks for the following reliefs:
"Pass/grant the writ of mandamus or any other writ or direction directing the respondents herein to grant permission to the petitioner to submit the examination application form, make payment of examination fees and appear in the I semester in the first year Law degree for the ensuing academic year 2022-23,in the second respondent college, in the interest of justice and equity. (Annexure-K dtd: 20.02.2023)".
2. Heard learned counsel for the petitioner and learned counsel for the respondents and perused the material on record.
3. The material on record discloses that the petitioner got admission to the II P.U.C. but failed in the examination conducted by the P.U.Board in April, 2002. Subsequently, in June, 2007, the petitioner completed 3 Year Bachelor Decree in Arts (B.A.) -5- NC: 2024:KHC:32112 WP No. 6684 of 2023 C/W WP No. 4528 of 2023 conducted by the Directorate of Distance Education, Bangalore University. Thereafter, in July 2011, petitioner completed P.U.C. in the Arts stream conducted by the Department of P.U.Education and also completed the B.Ed. Degree from Bangalore University in June, 2014 as well as M.A. in English from Directorate of Distance Education, Kuvempu University, in June 2016.
4. On 29.10.2022, petitioner got admitted to 3 year Law Degree (L.L.B.) in the 2nd respondent - BES College of Law, which is affiliated to the 1st respondent - KSLU which is recognised by the 3rd respondent - Bar Council of India. Since, the request of the petitioner to permit him to appear in the examination for 3 year L.L.B Degree was not permitted by the 1st respondent, petitioner preferred the instant W.P.No.4528/2023, in which, this Court passed an interim order on 24.02.2023, pursuant to which, the petitioner submitted the examination application form along with penalty. Subsequently, 1st respondent - KSLU issued a communication dated 16.03.2023 rejecting the approval of admission of the petitioner to the 3 Year L.L.B Course, which is assailed in W.P.No.6684/2023, in which, this Court passed an interim order in favour of the petitioner on 28.03.2023.
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5. According to the petitioner, since he obtained his B.A.Degree through Distance Education, completed PUC through the P.U.Department, B.Ed. Degree from Bangalore University and completed M.A. in Engligh by Distance Education from Kuvempu University, petitioner was eligible to get admission to 3 Year L.L.B course and the 1st respondent - KSLU committed an error in placing reliance upon the explanation to Rule 5 of the Bar Council of India Rules, 2008 (for short 'the said Rules of 2008'), which was not applicable, especially when the petitioner was eligible by virtue of the proviso to Rule 5 of the said Rules of 2008 and the explanation was not applicable to the petitioner or his eligibility to get admitted to 3 year L.L.B course.
6. Per contra, learned counsel for the respondents submit that there is no merit in the petition and the same is liable to be dismissed.
7. In the case of N.B.Bhargavi Dravid & others vs. Karnataka State Law University & others - W.P.No.56941/ 2014 & connected matters dated 19.04.2017, this Court held as under:-
-7-NC: 2024:KHC:32112 WP No. 6684 of 2023 C/W WP No. 4528 of 2023 " 7. Rule - 4 of the Rules provides for two courses of law leading to Bachelor's Degree in law:
[a] A three year Degree Course in Law undertaken after obtaining a Bachelor's Degree in any discipline of studies from a University or any other qualification considered equivalent by the Bar Council of India.
Provided that admission to such a course of study for a degree in law is obtained from a University whose degree in law is recognised by the Bar Council of India for the purpose of enrolment.
[b] A Double Degree Integrated Course combining Bachelors' Degree Course as designed by the University concerned in any discipline of study together with the Bachelors' Degree Course in Law which shall be of not less than five years' duration leading to the Integrated Degree in the respective discipline of knowledge and Law together.
Provided that such an integrated degree program in law of the University is recognized by the Bar Council of India for the purpose of enrolment.
Provided further that in the case of integrated double degree course the entire double degree course can be completed in one year less than the total time for regularly completing the two courses one after the other in regular and immediate succession, meaning thereby, that if the degree course in the basic discipline, such as in Arts, Science, Social Science, Commerce, Management, Fine Arts, Engineering, Technology or medicine etc. is of three years' duration of studies, integrated course in law with the basic -8- NC: 2024:KHC:32112 WP No. 6684 of 2023 C/W WP No. 4528 of 2023 degree in the discipline could be completed in five years' time but where the degree course in basic discipline takes four or five years, the integrated degree in law with such degree course in the discipline would take one year less for completing in regular time than the total time taken for the two degrees taken separately if completed back to back. Explanation 1: Double degree integrated course such as BA., LL.B. can be completed within (3+3 -1)
8. Rule-5 of the Rules contemplates eligibility for admission which runs as under:
"5. Eligibility for admission:
(a) Three Year Law Degree Course: An applicant who has graduated in any discipline of knowledge from a University established by an Act of Parliament or by a State legislature or an equivalent national institution recognized as a Deemed to be University or foreign University recognized as equivalent to the status of an Indian University by an authority competent to declare equivalence, may apply for a three years' degree program in law leading to conferment of LL.B. degree on successful completion of the regular program conducted by a University whose degree in law is recognized by the Bar Council of India for the purpose of enrolment.
(b) Integrated Degree Program: An applicant who has successfully completed Senior Secondary School course ('+2') or equivalent (such as 11+1, 'A' level in Senior School Leaving certificate course) from a recognized University of India or outside or from a Senior Secondary Board or equivalent, constituted or recognized by the Union or by a State Government or from any equivalent institution from a -9- NC: 2024:KHC:32112 WP No. 6684 of 2023 C/W WP No. 4528 of 2023 foreign country recognized by the government of that country for the purpose of issue of qualifying certificate on successful completion of the course, may apply for and be admitted into the program of the Centres of Legal Education to obtain the integrated degree in law with a degree in any other subject as the first degree from the University whose such a degree in law is recognized by the Bar Council of India for the purpose of enrolment.
Provided that applicants who have obtained + 2 Higher Secondary Pass Certificate or First Degree Certificate after prosecuting studies in distance or correspondence method shall also be considered as eligible for admission in the Integrated Five Years course or three years' LL.B. course, as the case may be.
Explanation: The applicants who have obtained 10 + 2 or graduation /post graduation through open Universities system directly without having any basic qualification for prosecuting such studies are not eligible for admission in the law courses."
9. A conjoint reading of these Rules makes it clear that an applicant who has graduated in any discipline of Knowledge from a University established by an Act of Parliament or by a State Legislature or equivalent National Institution recognized as a Deemed University or foreign University recognized as equivalent to the status of an Indian University by an Authority competent to declare equivalence is eligible for three years Law Degree Course on successful completion of the Degree in Law as recognized by the Bar Council of India for the purpose of enrolment. For an Integrated Degree Program, an applicant who has
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NC: 2024:KHC:32112 WP No. 6684 of 2023 C/W WP No. 4528 of 2023 successfully completed Senior Secondary School Course + 2 or equivalent [such as 11+1] 'A' level in Senior Secondary Leaving Certificate Course from a recognized University of India or outside or from a Senior Secondary Board or equivalent constituted or recognized by the Union or by a State Government or from any equivalent Institution from a foreign country recognized by the Government of that Country for the purpose of issue of qualifying service is eligible to obtain integrated degree in Law and such Degree in Law is recognized by the Bar Council of India for the purpose of enrolment.
Proviso to Rule 5 provides that applicants who have obtained +2 Higher Secondary Pass certificate or I degree certificate after prosecuting studies in distance or correspondence method shall be eligible for admission in the integrated 5 years course or 3 years LL.B., course. Explanation further provides that the applicants who have obtained 10+2 or graduation/post- graduation through open University system directly without having any basic qualification for prosecuting such studies are not eligible for admission in the law course. The argument of the University and the BCI is that the applicants who have obtained 10+2 or graduation/post-graduation through open Universities are totally disentitled for entry into Law course. Prima facie, it is clear that the applicants obtained +2 through Open Universities system directly are not eligible for 5 years integrated course and similarly the applicants who have obtained graduation/post-graduation through open university system directly are also not eligible for admission for 3 year LL.B., course.
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NC: 2024:KHC:32112 WP No. 6684 of 2023 C/W WP No. 4528 of 2023
10. Rule 5 of the Rules is upheld by this Court as well as by the other Courts. In W.P.No.19608/2010 and connected matters (supra), the stance of the BCI was that the said Rule is wrongly understood by the petitioners therein. It was asserted that it does not recognize or eschew the courses pursued through the open Universities or distance mode. The Bar Council only prescribes that there should be only basic education which each candidate should have undertaken and prosecuted. But now, it was argued that there is total prohibition to accord approval for the admissions to the law courses if the applicants acquired 10+2 or graduation/post graduation through open universities system.
11. Rule 8 of the Rules, 2006 ('Rules 2006' for short) reads thus:
8. Eligibility for admission to I Year and II Year Pre-University Courses.- (1) A pass in Secondary School Leaving Certificate Course or tenth standard examination conducted by the Karnataka State Secondary Education Examination Board or pass in an equivalent examination shall be the minimum qualification for admission to the first year Pre-
University Course.
(2) No student shall be admitted to first year Pre- University Course unless he produces the Secondary school leaving certificate issued by the Karnataka State Secondary Examination Board or by any other appropriate authority and the certificate shall not be returned to the candidate till he completes the course or lawfully takes a discharge from the college. A student shall have passed in the first year annual examination or equivalent examination to qualify for
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NC: 2024:KHC:32112 WP No. 6684 of 2023 C/W WP No. 4528 of 2023 admission to the second year Pre- University class by securing a minimum of thirty marks in each subject and an aggregate of thirty- five percent in Part-I and Part-II (3) The Pre-University colleges shall conduct an annual examination for the students of first year Pre- University classes at the end of each academic year as far as possible in the month of March. There shall be a supplementary examination for students who fail in the first year annual Pre- University examination in the month of June. Students who pass in this examination are also eligible for admission to the second year Pre-University Course in the same year."
12. In Annamalai University's case (supra) at paragraphs 41 and 42, the Hon'ble Apex Court has held thus:
"41. Was the alternative system envisaged under the Open University Act was in substitution of the formal system is the question. In our opinion, in the matter of ensuring the standard of education, it is not. The distinction between a formal system and informal system is in the mode and manner in which education is imparted. UGC Act was enacted for effectuating co- ordination and determination of standards in Universities. The purport and object for which it was enacted must be given full effect.
42. The provisions of the UGC Act are binding on all Universities whether conventional or open. Its powers are very broad. Regulations framed by it in terms of clauses (e),
(f), (g) and (h) of sub-Section (1) of Section 26 are of wide amplitude. They apply equally to Open Universities as also to formal conventional universities. In the matter of higher education, it is necessary to maintain minimum standards of instructions. Such minimum standards of instructions are required to be defined by UGC. The standards and the co-
ordination of work or facilities in universities must be maintained and for that purpose required to be regulated. The powers of UGC under Sections 26(1)(f) and 26(1)(g) are
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NC: 2024:KHC:32112 WP No. 6684 of 2023 C/W WP No. 4528 of 2023 very broad in nature. Subordinate legislation as is well known when validly made becomes part of the Act. We have noticed hereinbefore that the functions of the UGC are all pervasive in respect of the matters specified in clause (d) of sub- section (1) of Section 12A and clauses (a) and (c) of sub- section (2) thereof."
13. In Sakthiram's case (supra) the Division Bench of the Madras High Court has observed thus:
"23. Therefore, a conjoint reading of Sections 7, 24(1)(c)(iii) and (iii a), 49(1)(ag) and (ah) of the Act, clearly provide the required power and authority for the Bar Council of India to prescribe the minimum qualification, standard, inclusive of minimum marks, attendance, curriculum and other incidental qualifications to the Law University and the Law College recognised by it. Accordingly, the Bar Council of India in exercise of its power under Sections 7(1)(h) and (i) , 24(1)(c)(iii) and (iiia), 49(1)(af), (ag) and (d) of the Advocates Act, 1961, has introduced the Rules of Legal Education, 2008, which has come into effect from 14.09.2008 onwards.
24. A degree has been defined by the University Grants Commission Act, 1985 and the Regulations framed by the University Grants Commission. As per the said Act and Regulations, a degree has to be for a duration of three years after the completion of +2 course. However, under the Indira Gandhi National Open University Act, 1985, a student is permitted to undergo and complete a post graduate degree without a basic as well as a first degree. The Division Bench of this Court and the Honourable Apex Court in Annamalai University represented by Registrar v. Secretary to Government, Information and Tourism Department and others, has held that 'University Grants Commission Act, 1956 and its Regulations will have overriding effect on the provisions of the Indira Gandhi National Open University Act, 1985 and therefore, a degree only means a degree obtained under the above said Act. In other words, it was held that a degree obtained under the Indira Gandhi National Open University Act, 1985, from a Open University is not a valid degree.
43. The Honourable Apex Court also considered Section 24(3)(d) of the Act, by holding that the said sub-
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NC: 2024:KHC:32112 WP No. 6684 of 2023 C/W WP No. 4528 of 2023 section can only be used to qualify a person who was otherwise disqualified under Section 24(1) of the Act. Hence, it is clear that the Honourable Apex Court was dealing with the case where the Bar Council of India sought to prevent the enrollment which was in the domain of the State Bar Council. The Honourable Apex Court was also dealing with Section 49 (1)(ag) and (ah) and not the power exercised by the Bar Council of India in the present case under Section 49(1)(af) and (d) read with Section 7(1) of the Act.
44. Similarly, in V.Sudeer vs. Bar Council of India, and another reported in (1999)3 SCC 176, the Honourable Apex Court was dealing with a case wherein the Bar Council of India sought to impose the condition that after the completion of the law course, a candidate will have to undergo an apprenticeship before enrolment. The Honourable Apex Court by following the said ratio, has held that such condition cannot be imposed by the Bar Council of India and it does not have the power or authority under Section 49(1) and Section 7(1) of the Advocates Act,1961.
45. In fact, the Honourable Apex Court has specified in the said judgment that Section 49(1) (af) of the Act deals with the minimum qualification required for admission to a course in law in a recognized university and the said provision does not have anything to do with the rules impugned therein. The Honourable Apex Court was also considering the scope of Sections 7(1)(h), 24(3)(d) and 49(1)(ag) and (ah) and not Section 49(1)(af) of the Act. Therefore, we are of the considered view that the above said two judgments rendered by the Honourable Apex Court do not help the case of the petitioners. Accordingly, we answer Points (i) (ii) and (iii) in favour of the respondents that the Rules of Legal Education, 2008, are in accordance with the power conferred under Sections 7(1) (h) and (i), 24(1)(c)(iii) and (iii a), 49(1)(af), (ag) and (d) of the Advocates Act, 1961 and explanation to Rules 5 of the Rules of Legal Education, 2008, is in accordance with Section 49 of the Act and not contrary to Section 24(1) of the Advocates Act and hence, they are constitutional and valid in law."
14. In the case of S.R.Deepak -v- The Tamilnadu Dr.Ambedkar Law University and another (W.A.
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NC: 2024:KHC:32112 WP No. 6684 of 2023 C/W WP No. 4528 of 2023 No.1632/2015 DD 2.2.2016) the Madras High Court of Judicature held thus:
"22. In the case on hand, the appellant had passed the 2 years examination, i.e., for IX and X standard in one year privately without any educational aid. As such, it cannot be held that he had obtained a basic qualification of X standard in 10 years. As a sequel, we have no hesitation in holding that the appellant does not fall within the eligibility criteria as enshrined in Clause (a) of Rule 5 of the Rules of Legal Education."
15. Yet another Division Bench of High Court of Judicature at Madras in the case of S.Theethagiri -v- The Director or School Education and others -v- W.P.Nos.34630 of 2016 and connected matters (DD.21.10.2016) has observed as under:
"9. In the case on hand, in so far as the petitioners in W.P.Nos.32279 and 33108 of 2016 and W.A.No.1194 of 2016, are concerned, they have completed 1st to 10th standard in regular schooling, but due to some unavoidable circumstances they have taken up the 10th standard Board examination privately. Further, the petitioners have also taken plus 2 schooling. It is not as if the candidates have obtained a straightaway 10th pass, but they have prosecuted upto 9th standard and also having studied in the 10th standard as well, but have appeared in the examination in the private and the requisite of 10+2 is very much satisfied. Added further, all the three candidates have done their UG degree in a regular stream.
10. Proviso to Rule 5 of The Bar Council of India Rules, states that applicants who have obtained +2 Higher Secondary Pass Certificate or First Degree Certificate after prosecuting studies in distance or correspondence method shall also be considered as eligible for admission in the Integrated Five Years course or three years' L.L.B. course, as the case may be. Therefore, they do not suffer from any disqualification. Further, on a reading of the Rule, and overall analysis of the pleadings and submissions, we do not find any technical reasons to be interpreted to dissuade the
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NC: 2024:KHC:32112 WP No. 6684 of 2023 C/W WP No. 4528 of 2023 petitioners from seeking admission to the three years law course for the factual circumstances, which is noted above.
11. In so far as the petitioners in W.P.Nos.34630 and 34220 of 2016, are concerned, they have done their schooling upto 10th standard and due to unavoidable circumstances, taken the SSLC Board examination privately. Later, they have done their +2, through regular schooling. Upto 9th standard they have attended the school and only for final year, they have appeared for the examinations privately. Further it is noted that the candidates have obtained Higher Secondary Course pass certificate (+2) through regular schooling. "
16. In the case of Sudha Rani.K (supra), this Court has held thus:
16. Explanation (2) of Rule 5 makes it clear that the applicant who has obtained 10+2 or graduation/post graduation through open universities system directly without having any basic qualification for prosecuting, such students are not eligible for admission in the law course. This makes it very clear that the qualification prescribed for three years as well as integrated law course, it is as per the basic qualification prescribed therein matters and the qualification obtained by open University or a private study, it is not a qualification for the purpose of consideration.
17. In the case of Prasanna -v- The Principal (W.P.No.206192/2015 DD 4.10.2016), this Court while considering the communication addressed by the University that the candidate's admission for 3 years Law course was not approved as he had passed two years pre-university course either as a private student or through National Institute of Open schooling (NIOS) held that student had studied 1st to 10th standard as a regular student and has secured SSLC marks card issued by the SSLC Board. It was also not in dispute that he studied PUC through
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NC: 2024:KHC:32112 WP No. 6684 of 2023 C/W WP No. 4528 of 2023 correspondence and after passing +2 correspondence course, petitioner has studied I degree in Bachelor of Commerce from Gulbarga University. After studying three years degree course he has obtained degree certificate from Gulbarga University. The objection of the University was that the student had completed his PUC as a private candidate from NIOC and had not attended PUC course as a regular student, as such did not possess the basic qualification stipulated in terms of Rule 5 of the Rules, this Court has categorically observed that the petitioner student has not studied his graduation through open university or by way of correspondence course. He has studied graduation and obtained degree in Bachelor of Commerce as a regular student from Gulbarga University. Therefore, explanation appended to Rule 5 has no application to the petitioner.
18. The scope of explanation was considered by the Hon'ble Apex Court in the case of S.Sundaram Pillai, etc. - v- V.R.Pattabiraman AIR 1985 SC 582, it is significant to refer to the same which reads as follows:
"52. Thus, from a conspectus of the authorities referred to above, it is manifest that the object of an Explanation to a statutory provision is-
(a) to explain the meaning and intendment of the Act itself,
(b) where there is any obscurity or vagueness in the main enactment, to clarify the same so as to make it consistent with the dominant object which it seems to subserve,
(c) to provide an additional support to the dominant object of the Act in order to make it meaningful and purposeful,
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(d) an Explanation cannot in any way interfere with or change the enactment or any part thereof but where some gap is left which is relevant for the purpose of the Explanation, in order to suppress the mischief and advance the object of the Act it can help or assist the Court in interpreting the true purport and intendment of the enactment, and
(e) it cannot, however, take away a statutory right with which any person under a statute has been clothed or set at naught the working of an Act by becoming an hindrance in the interpretation of the same."
19. In the light of the said judgment, the explanation has to be given effect to, as a whole to make it consistent with the dominant object of the Rules in order to make it meaningful and purposeful. The language employed indicates the object and intent of the explanation. If the intention of the rule makers was to prohibit the applicants who have obtained 10+2 or graduation/post-graduation through open University system, the phrase "directly without having any basic qualification for prosecuting such studies"
ought not have employed, these words cannot be set at naught; It cannot be read in isolation. A reading of the explanation as a whole, suggests that 10+2 or graduation/post-graduation through open university system would not be a bar for admission to law courses but the embargo placed is in obtaining such qualification without having any basic qualification for prosecuting such studies. Thus, it is clear that a candidate without attending the school for 10 years completes 10+2 directly through open university, is not eligible for 5 years integrated law course. Similarly jumping the queue at their convenience i.e., not completing 10+2, directly completing graduation through open university
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NC: 2024:KHC:32112 WP No. 6684 of 2023 C/W WP No. 4528 of 2023 cannot be considered as eligible for admission to 3 years LL.B., course. In a case relating to the candidate wherein, the student studied Senior Secondary school and I year PUC in the regular schooling but II PUC in private, this Court held that there is no bar for the candidate to complete +2 course in private (W.P.No.10458/2016 DD 29.08.2016). Applying the same principles, this Court in (W.P.No.55888/2014) has held that studying in private for II PUC would not be a bar to the student to get admission to 5 year Law course. As a sequel, it cannot be said that a candidate who has completed the 3 years degree course/first degree through open university system after successfully completing 10+2 in a regular schooling is not eligible for admission to 3 year Law course. Likewise, the students who have obtained +2 certificate through Open University system without having basic qualification i.e. 10th are not eligible for admission in five year law course. The clarification issued of the Bar Council of India dated 03.11.2015 addressed to the Upalokayukta is binding on the BCI. It is considering the complaint of six students of law college as regards the eligibility of students for admission to law courses alleging refusal of examination fee by the Karnataka State Law University, the clarification was issued. Based on the said clarification, colleges have admitted the students for law courses. Resisting such a clarification has become unavailable.
20. ANNAMALAI UNIVERSITY case [supra], was rendered by the Hon'ble Apex Court in the context of the challenge to the post of the Principal in Film and Television Institute wherein, the candidate possessed MA Degree through Open University system, without there being a first
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NC: 2024:KHC:32112 WP No. 6684 of 2023 C/W WP No. 4528 of 2023 [Bachelor's] Degree. The BCI is well within its rights to insist that an applicant holding a qualification through Open University directly without possessing the basic qualification to acquire such qualification is not eligible for law course in terms of the Judgment of the Hon'ble Apex Court in ANNAMALAI UNIVERSITY case [supra] but the said judgment would not come to the assistance of the BCI to contend that acquiring a qualification through Open University itself is a bar for admission to law course as envisaged in the Explanation to Rule 5.
21. Rule 7 of the Legal Education Rules, 2008 prescribes minimum percentage of marks to be secured in the qualifying examination to get admission to the LL.B., degree course, which reads thus:
"7. Minimum marks in qualifying examination for admission Bar Council of India may from time to time, stipulate the minimum percentage of marks not below 45% of the total marks in case of general category applicants, 42% for OBC category and 40% of the total marks in case of SC and ST applicants, to be obtained for the qualifying examination, such as +2 Examination in case of Integrated Five Years' course or Degree course in any discipline for Three years' LL.B course, for the purpose of applying for and getting admitted into a Law Degree Program of any recognized University in either of the streams.
Provided that such a minimum qualifying marks shall not automatically entitle a person to get admission into an institution but only shall entitle the person concerned to fulfill other institutional criteria notified by the institution concerned or by the government concerned from time to time to apply for admission."
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NC: 2024:KHC:32112 WP No. 6684 of 2023 C/W WP No. 4528 of 2023
22. This Court in W.P.Nos.44350/2016 and connected matters (D.D. 23.11.2016) held that, according to the amendment made to the Rules of Legal Education, 2008 w.e.f., 09.02.2014, the Bar Council of India stipulated the minimum percentage of marks not below 42% for OBC category, the university has to incorporate the amendment made to the Bar Council of India Rules which is the statutory Authority.
23. In this background, the factual aspects of the cases involved herein, are analysed as follows:
W.P.No.56941-946/2014, petitioners 1 to 5 were denied admission for 5 years Law course as they completed II PUC or (+2), through open university, Admission was refused to respondent No.6 for possessing low percentage. Notwithstanding completing degree bridge course equivalent to II PUC through open university and securing required percentage of marks to join B.A. LL.B., course, the petitioners 1 to 5 are entitled to admission for five years Law course subject to production of certificates for having completed Higher Secondary school examination and the I PUC. Petitioner No.6 has completed 2nd PUC in regular course, however he had not secured the required percentage of marks to join B.A., LL.B course, he joined degree bridge course through Open university (equivalent to II PUC) and has secured required percentage of marks to join B.A., LL.B course. The university ignoring the marks secured through open university refused the admission, which cannot be sustained. Petitioner No.6 is eligible for admission to 5 years LL.B course.
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NC: 2024:KHC:32112 WP No. 6684 of 2023 C/W WP No. 4528 of 2023 W.P.No.51770/2015- the petitioner had failed in Higher Secondary school examination, then completed successfully the same through open university, further studied PUC in CBSE and graduation through Manasa Bharati University [three years course]. There is no inhibition for the university to approve the admission to 3 year LL.B. course subject to recognition of Manasa Bharti University.
W.P.No.57599/2015- the petitioner completed 10th standard and I year PUC in regular course. II PUC in private and degree in regular course, as such the University cannot deny the approval of admission only for the reason that he has completed II PUC through private. The University is directed to approve the admission of the petitioner for three years LL.B. course.
W.P.No.56213/2016 - the candidate has completed the X std in distinction through regular Karnataka Secondary Education Examination Board and thereafter completed her commercial practice conducted by the Board of Technical Examination, Department of Technical Education, Bangalore. Subsequently, completed 3rd and 4th semester B.Com examination through regular course and III year B.Com. degree examination through Karnataka State Open University during April/May, 2014. In the facts and circumstances of the case, the university shall approve the admission of the petitioner to three year LL.B. course.
W.P.58495/2016- the petitioner has completed the Higher Secondary schooling, +2 through open university ( Degree bridge course equivalent to 10+2) and the three years degree course through CMJ University, Meghalaya. The petitioner is entitled to admission for three years law
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NC: 2024:KHC:32112 WP No. 6684 of 2023 C/W WP No. 4528 of 2023 course subject to production of recognition certificate of CMJ university, Meghalaya.
W.P.63750/2016 - the petitioner is a OBC candidate. She has completed her 10th standard, 3 years Diploma course and BBA [three years course] through distance education. There is no dispute regarding the eligibility as per the distance education is concerned. The proviso to Rule 5 makes it manifestly clear that a candidate who has completed +2 Higher Secondary pass certificate or I degree certificate after prosecuting studies in distance or correspondence method, shall be considered as eligible for admission. The reason for denying admission for the candidate is with respect to low percentage. Indisputably, the candidate has secured 42.36%. Rule 7 of the BCI Rules prescribes 42% of the total marks in case of OBC students. Hence, the university shall approve the admission of the petitioner to the 3 years LLB., course.
In the result, the petitions are disposed of in the terms indicated above."
8. So also, the Hon'ble Division Bench of this Court in the case of Harish N.vs. Seshadripuram Law college & others -
W.A.No.5142/2016 & connected matters dated 13.12.2017, held as under:-
" 1. All these writ appeals, involving interpretation of 'Explanation' to Rule 5 of the Bar Council of India Rules ('BCI Rules' for short), are directed against the common order
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NC: 2024:KHC:32112 WP No. 6684 of 2023 C/W WP No. 4528 of 2023 dated 16.12.2016 in W.P.No.36654/2015 and connected cases; and the common order dated 5.1.2017 in W.Ps.No.48664-667/2015 and connected cases, passed by the Hon'ble Single Judge.
2. We have heard the learned Counsel for the parties.
3. Being satisfied with the cause shown in the affidavits accompanying with the applications, the delay in filing the appeals in W.As.No.4303-4305/2017 & W.As.No.4318-4320/2017 and W.A.No.4306/2017 & W.As.No.4316-4317/2017, are condoned.
4. For the sake of convenience, the parties shall be referred to as per their status in the writ petitions.
5. The gravamen of petitioners' case, urged before us by the learned Counsel for the petitioners, is summarized as follows:-
(i) that the writ petitioners are students pursuing their 3 year or 5 year LL.B., courses;
(ii) the eligibility for admission to Law Degree Course is governed by Rule 5 of the BCI Rules;
(iii) the BCI Rules mandates that an applicant seeking admission in 3 year Law Degree Course shall hold a graduate or post graduate degree in any discipline or equivalent; and an applicant seeking admission for an integrated 5 year degree programme in law should have completed Senior Secondary School Course ('10+2') or equivalent;
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NC: 2024:KHC:32112 WP No. 6684 of 2023 C/W WP No. 4528 of 2023
(iv) some petitioners have obtained the qualifying '10+2' or 'graduation/post graduation' as private candidates;
(v) some petitioners have appeared for 10th and 12th Examination as private candidates;
(vi) some applicants have obtained graduation/post graduation degrees by distance or correspondence courses through Open University Scheme;
(vii) the Karnataka State Law University ('Law University' for short), by misinterpreting the 'Explanation' to Rule 5, has not approved admissions of those students who have passed through Open University Scheme or as private candidates; and
(viii) the writ petitions filed by the petitioners have been dismissed upholding incorrect interpretation made by the Law University.
6. Learned Counsel for the petitioners argued that the proviso to Rule 5 renders the applicants obtaining '+2' and 'graduate/post graduate' degree certificates by 'distance' or 'correspondence' method, eligible for admission to 3 year and 5 year Law degree courses, respectively. However, the 'Explanation' disentitles such applicants, who obtain '+2' or 'graduation/post graduation' through Open University System, directly, without having any basic qualification. Thus, the action of the Law University, in disapproving the admissions of the appellants herein is based on erroneous interpretation of the 'Explanation', and therefore, unsustainable in law.
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7. With the above submissions, learned Counsel for the petitioners, prayed for allowing these writ appeals.
8. Ms. Geethadevi Papanna, learned Counsel appearing for the Bar Council of India, submitted that, the eligibility criteria was considered by the Legal Education Committee of the Bar Council of India, in it's meeting held on 30th April, 2017 and the recommendations of the said meeting have been accepted by the General Council of the Bar Council of India.
9. We have carefully considered the submissions made by the learned counsel for the parties and perused the records.
10. Rule-5 of the BCI Rules, reads as follows:-
"5. Eligibility for admission.- (a) Three Year Law Degree Course: An applicant who has graduated in any discipline of knowledge from a University established by an Act of Parliament or by a State legislature or an equivalent national institution recognized as a Deemed to be University or foreign University recognized as equivalent to the status of an Indian University by an authority competent to declare equivalence, may apply for a three years' degree program in law leading to conferment of LL.B. degree on successful completion of the regular program conducted by a University whose degree in law is recognized by the Bar Council of India for the purpose of enrolment.
(b) Integrated Degree Program: An applicant who has successfully completed Senior Secondary School course ('+2') or equivalent (such as 11+1, 'A' level in Senior School Leaving certificate course) from a recognized University of India or outside or from a Senior Secondary Board or equivalent, constituted or recognized by the Union or by a State Government or from any equivalent institution from a foreign country recognized by the government of that country for the purpose of issue of qualifying certificate on successful completion of the course, may apply for and be admitted into the program of the Centres of Legal Education to obtain the
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NC: 2024:KHC:32112 WP No. 6684 of 2023 C/W WP No. 4528 of 2023 integrated degree in law with a degree in any other subject as the first degree from the University whose such a degree in law is recognized by the Bar Council of India for the purpose of enrolment:
Provided that applicants who have obtained + 2 Higher Secondary Pass Certificate or First Degree Certificate after prosecuting studies in distance or correspondence method shall also be considered as eligible for admission in the Integrated Five Years course or three years' LL.B. course, as the case may be.
Explanation.-The applicants who have obtained 10 + 2 or graduation/post-graduation through open Universities system directly without having any basic qualification for prosecuting such studies are not eligible for admission in the law courses."
(emphasis supplied)
11. The 'Explanation' to Rule 5 to the BCI Rules states that the applicants, who have obtained '10+2' or 'graduation/post graduation', through 'Open University System', directly, without having any basic qualification for prosecuting such studies, are not eligible for admission to Law degree courses.
12. The reasons assigned by the Law University in disapproving the admission of the appellants are tabulated hereunder:
Reasons for not W.A.No/s. Name & course Qualification approving admission Upto 10th +2 private WA HARISH.N. Standard-Regular stud / Open No.5142/201 School schooling 6 & WAs 3 year LL.B No.921- II PUC -
923/2017 as a private
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WP No. 6684 of 2023
C/W WP No. 4528 of 2023
student
Graduation - as
a regular student
in the
Bangalore
University
Upto 10th
Standard-Regular
WA School
No.5143/201 MURALI.A.
6 & WAs II PUC -as a
No.1060- private student +2 private
62/2017 study/ Open
3 year LL.B Graduation -as a schooling
regular student in
the
Bangalore
University
Upto 10th Standard
-Regular
School
WAs +2
No.4303- RAGHAVENDRA II PUC - as a private/10th/
th
05/2017 & private student 12 Degree
WAs 3 year LL.B All Open
No.4318- Graduation -as a schooling
20/2017 regular student in
the
Mangalore
University
Upto 10th +2
Standard-Regular private/10th/
School 12th Degree
All Open
AKSHATH
II PUC -as a schooling
KUMAR
private student
3 year LL.B
Graduation -as a
regular student in
the
Mangalore
University
Upto 10th
Standard-Regular
SHABA School +2
private/10th/
II PUC as a 12th Degree
private student All Open
3 year LL.B schooling
Graduation -as a
regular student in
the
Mangalore
University
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C/W WP No. 4528 of 2023
+2 private
WAs Upto 10th
No.790- TARUNESH Standard-Regular
794/2017 & School
WAs No. 5 year LL.B
795- II PUC - as a
799/2017 private student
VISHNU DALMIA
Upto 10th
Standard-Regular +2 private
5 year LL.B
School
II PUC - In a
open schooling
Upto 10th
KUMARI KAVYA
Standard-Regular
School +2 private
5 year LL.B
II PUC - as a
private student
GAUTHAM Upto 10th
KISHAN H Standard-Regular
School +2 private
5 year LL.B
II PUC - as a
private student
MOHAMMAD
ANWAR Upto 10th
Standard-Regular
School +2 private
5 year LL.B II PUC - as a
private student
ANANTHA Upto 10th
PADMANABHA Standard-Regular
School +2 private
5 year LL.B
II PUC - as a
private student
KUMARI
Upto 10TH
SAHANA
Standard-Regular
SHENOY.K.
School +2 private
5 year LL.B
II PUC - as a
private student
MARIAM FARISA
ABDHULLA Upto 10th
Standard-Regular
5 year LL.B School +2 private
II PUC - as a
private student
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NC: 2024:KHC:32112
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C/W WP No. 4528 of 2023
Upto 10th
Standard-Regular
School
RAVI.S. II PUC -
W.A.No. 3 year LL.B as a private
student +2 private
4301/2017 study
Graduation -
as a regular
student in the
Bangalore
University
Upto 10th
MS.SHAILIKA
Standard-Regular
WA School
No.4306/201 5 year LL.B +2 private
7 & WAs
II PUC -
No.4316-
4317/2017
as a private
student
BHUVANESWARI Upto 11th
Standard-Regular PUC studied
WAs School at NIOS &
No.5168- there is no
69/2016 5 YEAR 12TH Standard proof of 2
INTEGRATED years study
LL.B. Open schooling at +2 level
Upto 9th Standard-
Regular School
RATNESH
10th Standard-
KUMAR GAUTAM
Open schooling
5 YEAR +2 through
11th Standard- open
INTEGRATED
regular student schooling
LL.B.
In NIOS
12th Standard-
open schooling
13. Analysis of the qualifications of the appellants shows that they have appeared as private candidates either in their 10th, '+2' or 'first graduation' examination. It is relevant to record that, the appellants have attended classes in the School and appeared for the 10th, '+2' or 'first graduation' examination as private candidates or through open schooling method. Therefore, they cannot be classified as applicants,
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NC: 2024:KHC:32112 WP No. 6684 of 2023 C/W WP No. 4528 of 2023 who have obtained their respective '+2' or 'graduation/post graduation' qualification directly, without having any basic qualification. The resultant position is that, the applicants' cases would fall within the 'proviso' to Rule 5 of BCI Rules and the 'Explanation' shall have no application. Consequently, they shall be entitled to pursue their 3 year or 5 year Law courses.
14. Resultantly, these writ appeals merit consideration. Hence, the following:
ORDER
(i) Writ Appeals No.5142/2016 & 921-923/2017;
5143/2016 & 1060-1062/2017; 4303-4305/2017 & 4318- 4320/2017; 790-794/2017 & 795-799/2017; 4301/2017; 4306/2017 & 4316-4317/2017 and 5168-5169/2016, are allowed;
(ii) Common Order dated 16.12.2016 in Writ Petitions No.48635/2015, 48023/2015, 50353/2015, 49126/2015, 49127/2015, 49129/2015, 49157/2015, 47656/2015, 47658/2015 and common order dated 5.1.2017 in Writ Petitions No.48664/2015, 48665/2015, 48667/2015, 48668/2015, 48669/2015, 48670/2015, 48671/2015, 48672/2015, are set aside and consequently the said writ petitions are allowed;
(iii) Communications dated 31.10.2015 in Writ Petitions No.48635/2015, 48023/2015, 48664/2015, 48665/2015, 48667/2015, 48668/2015, 48669/2015, 48670/2015, 48671/2015, 48672/2015, 50353/2015; communication dated 3.10.2015 in Writ Petitions No.49126/2015, 49127/2015 &
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NC: 2024:KHC:32112 WP No. 6684 of 2023 C/W WP No. 4528 of 2023 49129/2015; communication dated 3.11.2015 in Writ Petition No.49157/2015 and the communication dated 27.7.2015 & 23.9.2015 in Writ Petitions No.47656/2015 & 47658/2015 are set aside; and
(iv) the respondent - Karnataka State Law University, is directed to consider the eligibility of appellants and other similar students for admission to the Law courses in the light of the law laid down in this judgment.
15. In view of disposal of these writ appeals, all pending interlocutory applications in all the appeals also stand disposed of.
Writ Appeals allowed.
We make no order as to costs."
9. The aforesaid judgment of the Hon'ble Division Bench was followed by the Bombay High Court in the case of Vishnu vs. Bar Council of India & others - W.P.No.6752/2021 dated 04.05.2022, held as under:-
"10 .Section 4 of the Advocates Act, 1961 (for short the Act) provides for constitution of the Bar Council of India, the functions whereof have been enumerated in Section 7 of the said Act. One of the functions of the Bar Council of India is to promote legal education and to lay down standards of such education in consultation with the Universities in India imparting such education and the State Bar Councils. Its another function is to recognise Universities whose degree in
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NC: 2024:KHC:32112 WP No. 6684 of 2023 C/W WP No. 4528 of 2023 law shall be a qualification for enrolment as an advocate and for that purpose to visit and inspect Universities or cause the State Bar Councils to visit and inspect Universities in accordance with such directions as it may give in this behalf.
11.The Bar Council of India, in exercise of powers under Section 7(h) & (i) of the Act, has framed legal education rules. It would be apposite to have a reference to certain definitions and relevant provisions of the Rules :-
(vi)"Bachelor degree in law" means and includes a degree in law conferred by the University recognized by the Bar Council of India for the purpose of the Act and includes a bachelor degree in law after any bachelor degree in science, arts, commerce, engineering, medicine, or any other discipline of a University for a period of study not less than three years or an integrated bachelor degree combining the course of a first bachelor degree in any subject and also the law running together in concert and compression for not less than a period of five years after 10+2 or 11+1 courses as the case may be.
(viii) "First Degree" means Bachelor Degree in any branch of knowledge such as Arts, Fine Arts, Science, Commerce, Management, Medicine, Engineering, Pharmacy, Technology etc. conferred by Universities or any other qualifications awarded by an institution/authority recognized by the Bar Council of India, from time to time.
(xiii) "Integrated Degree course in law" means double degree course comprising the bachelor degree in any branch of knowledge prosecuted simultaneously with the Degree
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NC: 2024:KHC:32112 WP No. 6684 of 2023 C/W WP No. 4528 of 2023 course in law in such an integrated manner as may be designed by the University concerned for a continuous period of not less than five years.
(xxii) "Recognized University" means a University whose degree in law is recognized by the Bar Council of India under these Rules.
(xxvi) "Second degree" means a course of study leading to degree, which can be prosecuted only after obtaining a bachelor degree.
12. Rule 5, which is very much relevant herein, reads thus :-
5. Eligibility for admission
(a) Three Year Law Degree Course: An applicant who has graduated in any discipline of knowledge from a University established by an Act of Parliament or by a State legislature or an equivalent national institution recognized as a Deemed to be University or foreign University recognized as equivalent to the status of an Indian University by an authority competent to declare equivalence, may apply for a three years' degree program in law leading to conferment of LL.B. degree on successful completion of the regular program conducted by a University whose degree in law is recognized by the Bar Council of India for the purpose of enrolment.
(b) Integrated Degree Program: An applicant who has successfully completed Senior Secondary School course ('+2') or equivalent (such as 11+1, 'A' level in Senior School Leaving certificate course) from a recognized University of
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NC: 2024:KHC:32112 WP No. 6684 of 2023 C/W WP No. 4528 of 2023 India or outside or from a Senior Secondary Board or equivalent, constituted or recognized by the Union or by a State Government or from any equivalent institution from a foreign country recognized by the government of that country for the purpose of issue of qualifying certificate on successful completion of the course, may apply for and be admitted into the program of the Centres of Legal Education to obtain the integrated degree in law with a degree in any other subject as the first degree from the University whose such a degree in law is recognized by the Bar Council of India for the purpose of enrolment.
Provided that applicants who have obtained + 2 Higher Secondary Pass Certificate or First Degree Certificate after prosecuting studies in distance or correspondence method shall also be considered as eligible for admission in the Integrated Five Years course or three years' LL.B. course, as the case may be.
Explanation: The applicants who have obtained 10 + 2 or graduation/ post graduation through open Universities system directly without having any basic qualification for prosecuting such studies are not eligible for admission in the law courses.
While clause 4.1 of the prospectus of the Open University, which speaks of admission procedure for F.Y.B.Com reads as under :-
4.1 Eligibility Criteria The admission to this programme is based on fulfilling any one of the following criteria -
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NC: 2024:KHC:32112 WP No. 6684 of 2023 C/W WP No. 4528 of 2023 (1) preparatory programme of YCMOU withminimum 40%marks.Certificate Programme for Self Help Group facilitators of YCMOU with minimum 40% marks. (2) H.S.C. or equivalent examination of Maharashtra or other State HSCBoard.
(3) 11th Standardpassed(Before1975). (4) government recognised certificate/ diploma of minimum two years after SSC."
13. Clause (1) of the eligibility criteria of the Open University for admission procedure for F.Y.B.Com speaks of candidates who successfully clear of preparatory programme of YCMOU with minimum 40% marks or pass certificate programme for facilitators of the very Open university with minimum 40% marks, are eligible for admission to F.Y.B.Com. Although clearing any of these two tests may not strict o sensu be equivalent to passing of H.S.C. Course of a recognised State or national School Board shall for all practical purposes to be held to be an acceptable criteria for securing admission to F.Y.B.Com. Since the basic qualification for securing an admission to 3 year LL.B. course is a degree certificate of any of the streams of a recognised University, candidate who earns Bachelor's degree in any of the streams of the Open University would be eligible to secure an admission to 3 year Law degree course. Needless to mention, such a candidate is required to pass State Common Entrance Test.
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14. So far as regards admission to First Year integrated degree course (5 year Law Course) is concerned, a candidate must have cleared Secondary School Certificate Course (+2) or equivalent (such as 11+1) 'A' level in the Senior School Certificate) from recognised University of India or outside, shall also be considered as eligible for admission in the 5 year Law Course.
15. Rule 4 of the Rules, 2008 provides two courses of law leading to Bachelor's degree in law.
(1) a three year degree course in law undertaken after obtaining a Bachelor's degree in any discipline of studies from a University or any other qualification considered equivalent by the Bar Council of India; and (2) A double degree integrated course combining Bachelor's degree as designed by the University concerned in any discipline of studies with the Bachelor degree course in law which shall be of not less than 5 years duration.
16. Rule 5 prescribes the eligibility for admission. Under Rule 5(a), eligibility for admission to three year law degree course is prescribed. An applicant who has graduated in any discipline of knowledge from a University established by an Act of Parliament or by a State legislature or an equivalent National institution recognised as a deemed to be University or foreign University recognised as equivalent to the status of Indian University by an authority competent to declare equivalence, may apply for three year degree programme in law leading to conferment of LL.B. degree.
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NC: 2024:KHC:32112 WP No. 6684 of 2023 C/W WP No. 4528 of 2023
17. As perRule 5 (b), for an integrate Degree programme, an applicant who has successfully completed senior secondary school course(+2)or equivalent, such as 11 + 1 A level in senior school certificate course from a recognized University in India or outside or from Senior Secondary Board or equivalent recognised by the Union or by a State Government or from any equivalent institution from a foreign country recognized by the Government of that country, for the purpose of issue of qualifying certificate on successful completion of the course, may apply for and be admitted with the programme of the centres of legal education to obtain the integrated degree in law.
18. The aforesaid provision would make it abundantly clear that, for a three year law degree course a candidate has to be a graduate in any discipline of knowledge and for an integrated degree programme, a candidate has to successfully complete the secondary school course, such as 10 + 2 or equivalent.
The proviso to Rule 5 further clarifies that the applicants who have obtained + 2 higher secondary pass certificate or first degree certificate after prosecuting studies in distance or correspondence method shall also be considered as eligible for admission in the integrated five year course or three year LL.B. course, as the case may be, meaning thereby that a candidate having obtained + 2 higher secondary pass certificate or a first degree certificate even by prosecuting studies in distance or correspondence method is also eligible for admission to the LL.B. course.
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19. The explanation to Rule 5 reads that, the applicants who have obtained 10 + 2 or graduation/ post graduation through Open University system directly without having any basic qualification for prosecuting such studies are not eligible for admission in the law course. The explanation is a subject matter of interpretation in the present case.
20. Before we deal with the interpretation of the explanation, the other provision also will have to be considered. Rule 7 of the Rules of 2008 prescribes the minimum marks in qualifying examination for admission to the LL.B. course .For an integrated five year course, the Bar Council of India may stipulate the minimum percentage of marks not below 45% in case of general category applicants and 40% in case of SC/ ST applicants to be obtained for the qualifying examination, such as + 2 examination and for a three year LL.B. course, the similar minimum marks are to be obtained in a degree course in any discipline, meaning thereby that the minimum marks required for qualifying examination to secure admission to the integrated course is the marks obtained in + 12 examination and for three year law course, the minimum marks to be considered are the marks obtained in a degree course. The marks obtained in+ 2 or any other equivalent examination is irrelevant for the purpose of admission to the three year law course.
21. An explanation is normally to be read in a manner so as to harmonize with the main section and cannot be construed as to widen or limit the scope and purview of the section. The explanation will have to be construed in a manner that it is read in harmony with the main section. Proviso to Section 5
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NC: 2024:KHC:32112 WP No. 6684 of 2023 C/W WP No. 4528 of 2023 provides that, a person obtaining + 2 higher secondary pass certificate or first degree certificate after prosecuting studies in distance or correspondence method is also considered as eligible for admission to the law course. Explanation cannot be read as limiting the operation of the provision itself. The criteria for admission to the three year law degree course is that, a candidate should possess a graduate degree i.e. the first degree (Bachelor degree in any branch of knowledge, such as Arts, Fine Arts, Science, Commerce ,Management and soon). The only limitation would be that the first degree certificate and/or the first degree shall be from institution recognised by the Bar Council of India from time to time.
22. The person obtaining the first degree certificate from the Yashwantrao Chavan Maharashtra Open University, Nashik is recognised by the Bar Council of India.We specifically asked the learned counsel for the Bar Council of India as to whether the first degree certificate obtained from Yashwantrao Chavan Maharashtra Open University, Nashik is recognised by the Bar Council of India. Mr. Deshmukh, learned counsel for the Bar Council of India candidly accepted that the first degree certificate from Yashwantrao Chavan Maharashtra Open University, Nashik is recognised by the Bar Council of India for admission to the law course. The explanation prescribes that the applicants obtaining 10 + 2 or graduation/ post graduation through Open University system directly without having any basic qualification for prosecuting such studies are not eligible for admission in the law course.
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23. The words "basic qualification" appearing in the explanation to Rule 5 is the subject matter of consideration.
"Basic qualification" is not defined under the Rules or the Act. In an Open University, for an admission to the Commerce graduation course, the criterion are provided. A person having qualification of H.S.C. or equivalent examination or is 11th Standard Passed, or a Government recognised certificate/ diploma of two years after S.C.C., are eligible for admission, and a person who had undergone a preparatory programme of Yashwantrao Chavan Maharashtra Open University, Nashik with minimum 40 marks is also eligible for admission to the first year degree certificate course. Equivalence is provided to the said courses.
24. Under Government Resolution dated 20/5/2011, the Government of Maharashtra has granted equivalence of 10th and 12th to those who have passed preparatory programme and first year of graduation.The preparatory programme would be the basic course for securing admission to the first degree course in an open University. The basic course for first degree certificate would be different for different institutions. The Bar Council has not restricted the admission to the law degree course to the students passing from a regular University only. Even a student graduating in any discipline of knowledge from a equivalent national institution recognised as a deemed to be University or even a foreign University recognised as equivalent to the status of an Indian University by an authority competent to declare equivalence can apply for three year degree programme in
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NC: 2024:KHC:32112 WP No. 6684 of 2023 C/W WP No. 4528 of 2023 law. It is not necessary that a foreign University recognised as equivalent to the status of an Indian University may require 10 + 2 as a basic qualification for the first degree course. A person who has completed 10 + 2 or equivalent is also considered eligible for admission to the five year integrated law degree course as per Rule 5(b).
25. The aspect of basic qualification appearing in explanation would differ from University to University and course to course. The basic qualification for first degree course in an Open University would be the preparatory course and/or 12th Standard passed. The basic qualification as is appearing in explanation will have to be given a wider interpretation and cannot be given a restricted interpretation. If restricted interpretation is given to the words "basic qualification"
appearing in explanation, then the same would not be in tune and consonance with the main rule. A person who has completed the preparatory programme course from Yashwantrao Chavan Maharashtra Open University, Nashikand who has also completed 10 + 2 from any Board, is eligible for admission to the first degre e course in branch of Arts, Commerce, Science. If the restrictive meaning is given to the basic qualification, then a student who has passed graduation from the open University and had earlier completed 10 + 2 from S.S.C. Board would be eligible for admission to the three year law course, but a person who has been admitted to the first degree course in the open University after passing the preparatory programme for the said course, would not be eligible. The same cannot be the intention of the legislature.
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NC: 2024:KHC:32112 WP No. 6684 of 2023 C/W WP No. 4528 of 2023
26. If such a restricted meaning is given to the words "basic qualification", the very purpose of proviso would stand frustrated. Proviso has clarified that an applicant who has passed the first degree certificate after prosecuting studies in distance or correspondence method, shall also be considered as eligible for admission. The explanation cannot be interpreted in a manner it would negate the proviso and the main section. The explanation cannot take away the statutory right with which a person is bestowed with under the rule. For explanation to harmoniously survive with the proviso and the main rule will have to be interpreted in a manner that the basic qualification would mean the basic qualification as provided by that University for obtaining admission to the graduation/ post graduation or 10+2course.Anyother interpretation would lead to an anomalous situation and would render the Rule 5 and the proviso otiose and superfluous.
27. For the reasons given hereinabove, we answer both the points in the affirmative. The Reference thus stands disposed of. The matter may, therefore, be placed before the appropriate Bench for deciding the Writ Petition No.6752 of 2021."
10. In the light of the aforesaid judgments coupled with the material on record, which clearly indicate that the petitioner had completed 3 Years B.A.Degree through Distance Education in June 2007; PUC from the State P.U.Board in July 2011; B.Ed., Degree
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NC: 2024:KHC:32112 WP No. 6684 of 2023 C/W WP No. 4528 of 2023 from Bangalore University in June 2014 and M.A.Degree in English through Distance Education from Kuvempu University in June 2016, I am of the considered opinion that the cumulative / conjoint effect of the aforesaid judgments and peculiar / special facts and circumstances obtaining in the instant case is sufficient to come to the conclusion that the petitioner was eligible and entitled to get admission into 3 Years L.L.B Degree in the 1st respondent - KSLU and 2nd respondent - College and consequently, the order impugned at Annexure-P in W.P.No.6684/2023 deserves to be quashed and necessary directions be issued in this regard.
11. In the result, I pass the following:-
ORDER
(i) Both the petitions are hereby allowed.
(ii) The impugned Communication at Annexure-P dated 16.03.2023 in W.P.No.6684/2023 is hereby quashed.
(iii) The respondent-University is directed to approve admission of the petitioner to the 3 Year LLB course of the 1st respondent - KSLU in the 2nd respondent - College for the academic year 2022-23 and permit the petitioner to complete the said course including permitting the petitioner to write the
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NC: 2024:KHC:32112 WP No. 6684 of 2023 C/W WP No. 4528 of 2023 Examinations to be conducted by the respondents scheduled from 19.08.2024.
(iv) It is made clear that the present order is passed in the peculiar/special facts and circumstances of the instant cases and the same would not be treated as a precedent and shall not carry any precedential value for any purpose whatsoever.
(v) The respondents are directed to declare the results of the exam/s already taken by the petitioner immediately without any further delay so as to enable the petitioner to take up exams scheduled to be conduced from 19.08.2024.
Sd/-
(S.R.KRISHNA KUMAR) JUDGE RB/Srl.