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(Made by Ms.Indira Banerjee, Chief Justice) This writ petition is directed against the refusal of the authorities of the Tamil Nadu Dr. Ambedkar Law University, Chennai to admit the petitioner to the Three Year LL.B. Course.

2. The short question involved in this writ petition is whether a student can be denied admission to the Three Year LL.B. Course only on the ground that he had cleared the Secondary School Leaving Certificate Examination privately.

3. It is the case of the petitioner that he studied up to Class VIII, after which, he discontinued the school education. He cleared the Secondary School Leaving Certificate Examination (10th standard) privately. After which, the petitioner passed the Higher Secondary Court Certificate Examination by attending regular school. Thereafter, the petitioner joined B.B.A. (Computer Applications) in VLB Janikiammal College of Arts and Science, Kovaipudur, Coimbatore. He graduated securing 65.1% marks.

(iii) the candidate should have graduated from such deemed university or equivalent institution by attending a regular course conducted by such university and/or deemed university and/or equivalent.

(iv) the candidate should not have obtained 10 +2 or graduation or post graduation through Open University System directly without having the basic qualification for prosecuting such studies.

12. The first proviso makes it absolutely clear that students, who have obtained +2 Higher Secondary Pass Certificate or First Degree Certificate after prosecuting studies through distance or correspondence method are also considered to be eligible for admission in the Integrated Five Years Course or Three Years LL.B. Course, as the case might be. The first proviso, which is clarificatory only, clarifies that prosecution of studies in distance or by correspondence method is to be deemed to be on par with regular course conducted by a recognized Institution for the purpose of Secondary Pass Certificate or First Degree Certificate.

21. Indisputably, Rule 5 or the relevant criteria prescribed in the Information Bulletin does not deal with a situation, wherein, a candidate has obtained X standard examination certificate privately nor after prosecuting studies in distance or correspondence method. Distance education has been defined under the provisions of the Indira Gandhi National Open University Act, 1985, as an education taken from an outside place on the basis of education imparted through broadcasting, telecasting, correspondence courses, seminars, contact programmes or the combination of any two or more of such means. In distance education, a candidate is not required to attend classes regularly. However, the education is imparted, as aforestated, for two years in two year course. In the case of open university system, albeit there may not be regular classrooms, but, the candidates are supplied with study materials which make them abreast of up-to-date knowledge. In the case of a private candidate, no study material is supplied. It is for the candidate to study on his own and write the examination. The test is passing the examination without there being any support.

36. The first proviso carves out an exception and reads that applicants who have obtained +2 Higher Secondary Pass Certificate or First Degree Certificate after prosecuting studies in distance or correspondence mode shall also be considered as eligible for admission in the Integrated Five Years course or Three Year LLB Course, as the case may be. In other words, for admission to the Three Year LLB course or Integrated Degree Program in Law, as the case may be, prosecution of studies in distance or correspondence mode is to be treated at par with prosecution of studies by attending a regular course conducted by a recognized affiliated institution.