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A. S. CHANDURKAR, JITENDRA JAIN
Anoushka Tusharkumar Desai – Appellant
Versus
State of Maharashtra, Through the Government Pleaders’ – Respondent
JUDGMENT :
Jitendra Jain, J.
1. By this petition under Article 226 of the Constitution of India, the Petitioner seeks to challenge the communications dated 3rd December 2021 and dated 4th April 2022 of Respondent No.2-University, whereby the Petitioner has been declared as ineligible for enrolling and completing her 5 year LLB course.
2. Narrative of the events:-
(i) The Petitioner is a resident of Mumbai and aspires to pursue a law career.
(ii) On 5th July 2020, the Petitioner cleared her International Baccalaureate (I.B.), which is equivalent to 10+2 course. The Petitioner appeared in 6 subjects and obtained average 60% marks, which is equivalent to 22 points as per I.B. standard.
(iii) The Petitioner aspiring to pursue a law career applied for State Common Entrance Test of Respondent No.1-State for 5 year degree course in law beginning from academic year 2020-21. The Information Brochure issued by Respondent No.1-State CET Cell provided in paragraph 7.2 eligibility criteria for LLB-5 years course. The eligibility criteria was classified based on the State to which the candidate belongs. Part-A provided for Maharashtra State Candidature Candidates, Part-B provided for All India Candida
An ITI course can be considered equivalent to the Pre-University qualification required for admission to a three-year LL.B. program as per Bar Council regulations.
Court upheld that ITI course can be considered equivalent to 12th standard for admission to law programs, challenging restrictive admissions criteria of the University.
Eligibility for admission to three-year LL.B. course includes I.T.I qualifications, challenging prior restrictions based on past interpretations of educational norms.
An ITI qualification can be considered equivalent to the Pre-University course for admission to a three-year LL.B. program, per prior judicial decisions.
Court ruled ITI qualifications are acceptable as equivalent to Pre-University for law course eligibility, reinforcing legal principles established in previous judgments.
I.T.I. qualifications are to be considered equivalent to Pre-University requirements for admission to a Three-Year LL.B. Degree Course, promoting equitable access to education.
The central legal point established in the judgment is the importance of verifying mark sheets before confirming admission, objecting to eligibility at the beginning of the course, and the incorrect ....
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