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2024 Supreme(AP) 1266
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
DHIRAJ SINGH THAKUR, C.J., R. RAGHUNANDAN RAO, J.
Akula Siva Rama Krishna S/o Murali – Appellant
Versus
The Andhra Pradesh State Council of Higher Education – Respondent
Writ Appeal No. 70 of 2024
Decided On : 02-02-2024
Advocate Appeared:
For the Appellant : A. Syam Sundar Reddy
For the Respondents: S. Parineeta, S.V.R. Subrahmanyam, K. Maheswara Rao
IMPORTANT POINT
The court ruled that qualifications obtained from an Open School Society are valid for admission to law courses, rejecting the requirement for formal education qualifications.
Headnote:
(A) Bar Council of India Rules of Legal Education, 2008 - Rule 5 - Eligibility for admission - Petitioner denied admission to 5 year LL.B. Course due to 10th Class qualification from Open School Society - Court held that the petitioner is eligible as per G.O. No. 723, which recognizes Open School certificates as equivalent to formal education. (Paras 4, 10, 12, 13)
(B) Court's observation - The learned Single Judge's dismissal of the petition was unsustainable as it failed to address the eligibility issue adequately. (Paras 6, 12)
Facts of the case:
The petitioner, having cleared his 10th Class and +2 examinations from the Andhra Pradesh Open School Society, sought admission to the 5 year LL.B. Course but was denied based on Rule 5 of the Bar Council of India Rules.
Findings of Court:
The court found no basis for the learned Single Judge's ruling of ineligibility and recognized the Open School Society's certification as valid for higher education.
Issues: The main issue was whether the petitioner's qualifications from an Open School Society met the eligibility criteria set forth in Rule 5 of the Rules, 2008.
Ratio Decidendi: The court ruled that the Explanation to Rule 5 does not require basic qualifications to be obtained through a formal education system, thus allowing the petitioner's admission.
Result: Writ appeal allowed.
JUDGMENT :
DHIRAJ SINGH THAKUR, C.J.
1. The appeal filed under Clause 15 of the Letters Patent has been preferred against the judgment and order dated 22.12.2023 passed in W.P. No. 31630 of 2023.
2. The writ petition filed by the petitioner has been dismissed holding the petitioner to be ineligible to seek admission to the 5 year LL.B. Course in terms of Rule 5 of the Bar Council of India Rules of Legal Education, 2008 (in short ‘the Rules, 2008’).
3. The petitioner claims that he had studied from Kindergarten to 10th Class in a regular school run by the State according to the formal system of education. It is stated that on account of some family problems, he was unable to take final examination for the 10th Class and later cleared and qualified the same from the Andhra Pradesh Open School Society. Subsequently, it is stated that the petitioner cleared his ‘+2 Examination’ also from Andhra Pradesh Open School Society and secured high percentage of marks. The petitioner then cleared the Andhra Pradesh LAWCET for an integrated 5 years LL.B. Course and secured 357 rank amongst the candidates in A.P.
4. It is however stated that the official respondents refused to admit the petitioner on the ground that, having cleared his 10th Class examination as also the Intermediate examination (12th Class examination) from an Open School Society, he was not eligible in terms of Rule 5 of the Rules, 2008, which reads 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 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.”
5. The learned Single Judge, by virtue of the judgment and order impugned, dismissed the petition by placing reliance upon Rule 5 of the Rules, 2008, reproduced hereinabove.
6. Learned counsel for the appellant would submit that the judgment and order impugned is unsustainable inasmuch as the learned Single Judge has not at all dealt with the issue as to how the petitioner was ineligible in terms of the aforementioned Rule 5 of the Rules, 2008, and that by simply reproducing Rule 5, the petitioner c
