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Karnataka High Court · body

2017 DIGILAW 1647 (KAR)

N. Harish v. Sheshadripuram Law College, Represented by its Principal, Bangalore

2017-12-13

H.G.RAMESH, P.S.DINESH KUMAR

body2017
JUDGMENT : P.S. Dinesh Kumar, J. 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 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; (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. 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. 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 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: Sl. No W.A.No/s. Name & course Qualification Reasons for not approving admission 1 WA No.5142/2016 & WAs No.921-923/2017 HARISH.N. 3 year LL.B Upto 10th Standard-Regular School II PUC - as a private student Graduation - as a regular student in the Bangalore University +2 private study/Open schooling 2. WA No.5143/2016 & WAs No.1060-62/2017 MURALI.A.3 year LL.B Upto 10th Standard-Regular School II PUC - as a private student Graduation - as a regular student in the Bangalore University +2 private study/Open schooling 3. WA No.5143/2016 & WAs No.1060-62/2017 MURALI.A.3 year LL.B Upto 10th Standard-Regular School II PUC - as a private student Graduation - as a regular student in the Bangalore University +2 private study/Open schooling 3. WAs No.4303-05/2017 & WAs No.4318-20/2017 RAGHAVENDRA 3 year LL.B Upto 10th Standard-Regular School II PUC - as a private student Graduation - as a regular student in the Mangalore University +2 private/10th/12th Degree All Open schooling AKSHATH KUMAR 3 year LL.B Upto 10th Standard-Regular School II PUC - as a private student Graduation - as a regular student in the Mangalore University +2 private/10th/12th Degree All Open schooling SHABA 3 year LL.B Upto 10th Standard-Regular School II PUC - as a private student Graduation - as a regular student in the Mangalore University +2 private/10th/12th Degree All Open schooling 4. WAs No.790-794/2017 & WAs No. 795-799/2017 TARUNESH 5 year LL.B Upto 10th Standard-Regular School II PUC - as a private student +2 private VISHNU DALMIA 5 year LL.B Upto 10th Standard-Regular School II PUC - In a open schooling +2 private KUMARI KAVYA 5 year LL.B Upto 10th Standard-Regular School II PUC - as a private student +2 private GAUTHAM KISHAN H 5 year LL.B Upto 10th Standard-Regular School II PUC - as a private student +2 private MOHAMMAD ANWAR 5 year LL.B Upto 10th Standard-Regular School II PUC - as a private student +2 private ANANTHA PADMANABHA 5 year LL.B Upto 10th Standard-Regular School II PUC - as a private student +2 private KUMARI SAHANA SHENOY.K. 5 year LL.B Upto 10TH Standard-Regular School II PUC - as a private student +2 private MARIAM FARISA ABDHULLA 5 year LL.B Upto 10th Standard-Regular School II PUC - as a private student +2 private 5. WA No.4301/2017 RAVI.S. 3 year LL.B Upto 10th study Standard-Regular School II PUC - as a private student Graduation - as a regular student in the Bangalore University +2 private 6. WA No.4306/2017 & WAs No.4316-4317/2017 MS.SHAILIKA 5 year LL.B Upto 10th Standard-Regular School II PUC - as a private student +2 private 7. WA No.4301/2017 RAVI.S. 3 year LL.B Upto 10th study Standard-Regular School II PUC - as a private student Graduation - as a regular student in the Bangalore University +2 private 6. WA No.4306/2017 & WAs No.4316-4317/2017 MS.SHAILIKA 5 year LL.B Upto 10th Standard-Regular School II PUC - as a private student +2 private 7. WAs No.5168-69/2016 BHUVANESWAR I 5 YEAR INTEGRATED LL.B. Upto 11th Standard-Regular School 12 TH Standard Open schooling PUC studied at NIOS & there is no proof of 2 years study at +2 level RATNESH KUMAR GAUTAM 5 YEAR INTEGRATED LL.B. Upto 9th Standard-Regular School 10th Standard-Open schooling 11th Standard-regular student In NIOS 12th Standard-open schooling +2 through 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, 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. 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 & 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.