Ranjitha C vs The Principal on 14 December, 2016

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Karnataka High Court

Ranjitha C vs The Principal on 14 December, 2016

Bench: L.Narayana Swamy

                            1



IN THE HIGH COURT OF KARNATAKA AT BENGALURU

 DATED THIS THE 14TH DAY OF DECEMBER, 2016

                        BEFORE

 THE HON'BLE Mr. JUSTICE L.NARAYANA SWAMY

     WRIT PETITION NO.53676 OF 2016 (EDN-RES)

BETWEEN:

RANJITHA. C
W/O VENKATESHA
AGED ABOUT 33 YEAR
RESIDING AT NO.11
MAHAL CHOWDADENA HALLI
ANEKAL TQ.
BANGALORE DIST.-562 125.                 ... PETITIONER

       (BY SRI A. VASANTHA KUMA, ADV.)

AND:

1.     THE PRINCIPAL
       VIDYODAYA LAW COLLEGE
       B .H. ROAD
       TUMKUR -572 102.

2.     THE REGISTRAR (ACADEMIC)
       KARNATAKA STATE LAW UNIVERSITY
       NAVANAGAR
       HUBBALLI-580 025.

3.     THE VICE CHANCELLOR
       KARNATAKA STATE LAW UNIVERSITY
       NAVANAGAR,
       HUBBALLI-580 025.          ... RESPONDENTS

(BY SRI GANAPATHI .N. BHAT, ADV. FOR R2 & R3
      V/O DATED 14.12.2016 NOTICE H/S)

                           -----

       THIS WP FILED UNDER ARTICLES 226 AND 227 OF
THE    CONSTITUTION OF INDIA PRAYING TO ISSUE
                            2



DIRECTION OF MANDAMUS TO THE KARNATAKA STATE LAW
UNIVERSITY TO APPROVE PETITIONER ADMISSION TO THE 3
YEARS LLB DEGREE COURSES AT 42% TO OBC. ISSUE
DIRECTION OF MANDAMUS TO RESPONDENTS TO PERMIT
THE PETITIONER TO PROSECUTE THEIR RESPECTIVE LAW
DEGREE COURSES.

     THIS PETITION COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:

                      ORDER

In WP No.44350/2016 and other connected matters disposed of on 23.11.2016 this court directed the respondent-University to incorporate the amendment made to the Bar Council of India Rules which is a statutory authority by referring the circular issued by the Bar Council of India that in case of OBC candidates they have to secure minimum of 42% to get admission for 3 years LL.B. course. For convenience, the order passed in WP No.44350/2016 & other connected matters disposed of on 23.11.2016 has been extracted. Paras-2 & 3 read thus:

"2. Petitioners joined the first respondent college to prosecute III year and V year LLB course. They claimed their case for consideration for the purpose of minimum marks for selection under the reserved category of OBC. As per the Karnataka State Law 3 University Laws under Rule-7, the eligibility criteria for admission, it is 45% for GM; 42% for OBC category and 40% of the total marks in case of SC/ST applicants. Since the petitioners have not secured the minimum marks for the purpose of admission under OBC category, their admissions have been rejected by the University. Hence, they have filed these petitions.

3. Learned counsel for the petitioners submits that, under the Bar Council of India Rules of Legal Education,2008, 42% is the minimum marks required for OBC students for admission. Under these circumstances, necessary direction is to be issued to the respondent-University to admit these petitioners to prosecute III year and V year LLB course. It is his further submission that the petitioners are entitled to get approval of their admission since they have complied with all other requirements."

2. This petition is disposed of in the light of the directions issued by this court in WP No.44350/2016 and other connected matters disposed of on 23.11.2016.

Petitioner is directed to furnish OBC certificate at the time of admission.

Sd/-

JUDGE R*

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