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2020 Supreme(Ker) 656
IN THE HIGH COURT OF KERALA AT ERNAKULAM
N. NAGARESH, J.
Gadha C.M. D/o Gireesh C.M. – Petitioner
Versus
Bar Council of India, Rep. by its Secretary, New Delhi – Respondent
W.P. (C) Nos. 19084, 19495 of 2020
Decided On : 23-09-2020
Advocate Appeared:
For the Petitioners: Sri. S. Renjith, Sri. Sunil Kumar K.R.
For the Respondents: Sri. Rajit, Sri. Grashious Kuriakose, Sri. Pranoy K. Kottaram.
IMPORTANT POINTS
Rules on Standards of Legal Education and Recognition of Degrees in Law for the purpose of enrollment as Advocate under the Advocates Act, 1961 are governed by Rules of Legal Education, 2008 framed by the Bar Council of India in consultation with Universities and State Bar Councils. The Rules are framed in exercise of the powers conferred on the Bar Council of India under Section 7 of the Advocates Act, 1961
Headnote:
Rules of Legal Education, 2008-Rule 4;; The Advocates Act, 1961- Section 7-The basic qualification for Integrated Degree Program is Secondary School Certificate-Candidates are required to undergo regular study by attending classes for obtaining the said basic qualification- If such candidates have obtained the requisite qualification of Plus Two through Distance Education mode, that will not disqualify a student for joining Integrated Degree Course in Law.
Statement of facts:
The petitioners in both these writ petitions seek issuance of a writ of Mandamus directing a Self Financing Law College to admit them in BBA/LLB/BA/LLB Course
Finding of the court:
From the Rules, 2008, it is evident that the basic qualification for Integrated Degree Program is Secondary School Certificate and candidates are required to undergo regular study by attending classes for obtaining the said basic qualification. If such candidates have obtained the requisite qualification of Plus Two through Distance Education mode, that will not disqualify a student for joining Integrated Degree Course in Law.
Result: Writ petitions are disposed of
JUDGMENT :
N. NAGARESH, J.
1. The petitioners in both these writ petitions seek issuance of a writ of Mandamus directing a Self Financing Law College to admit them in BBA/LLB/BA/LLB Course.
2. The petitioner in W.P. (C) No. 19084/2020 completed her Secondary School from Government HSS for Girls, Balussery. After SSLC, though the petitioner joined for Plus Two Course in regular stream, she could not complete the Course. Therefore, the petitioner joined Senior Secondary Course (Plus Two) in National Institute of Open Schooling, which is an autonomous institution under Ministry of Human Resource Development, Government of India. The petitioner passed the Course. The Mahatma Gandhi University issued eligibility certificate also to the petitioner, certifying that the Senior Secondary School Examination (Private) of National Institute of Open Schooling passed by the petitioner, is recognised by the University.
3. The petitioner aspired to do a Law Course and applied for BBA/LLB (Integrated Five Year Course) before the 3rd respondent-College. The College, on 09.09.2020, issued Ext.P6 letter to the petitioner stating that since she has obtained Plus Two Higher Secondary pass certificate from National Institute of Open Schooling in a single sitting (one year), her application for admission to BBA/LLB Course violated the Rules of Bar Council of India and therefore the petitioner will not be considered for admission.
4. The petitioner in W.P. (C) No. 19495/2020 studied up to 11th standard following the syllabus prescribed by the Central Board of Secondary Education, in Greets Public School, Kochi. The petitioner passed the All India Secondary School Examination conducted by the CBSE. After completing Class 11, the petitioner opted to do further education from the National Institute of Open Schooling. The petitioner successfully completed the Senior Secondary School Examination conducted by the NIOS.
5. The petitioner in W.P. (C) No. 19495/2020 also applied for admission to Integrated Five Year BA/LLB Course in the same College (the 2nd respondent in W.P. (C) No. 19495/2020). The petitioner was also informed that since he obtained Plus Two Higher Secondary Certificate from the NIOS in a single sitting (one year), his application for admission to BA/LLB Course cannot be considered.
6. I have heard Advocate P.G. Jayashankar, counsel for the petitioner appearing in W.P. (C) No. 19495/2020, Advocate S. Renjith, counsel for the petitioner in W.P. (C) No. 19084/2020 and Advocate Rajit, Standing Council appearing for Bar Council of India.
7. Rules on Standards of Legal Education and Recognition of Degrees in Law for the purpose of enrollment as Advocate under the Advocates Act, 1961 are governed by Rules of Legal Education, 2008 framed by the Bar Council of India in consultation with Universities and State Bar Councils. The Rules are framed in exercise of the powers conferred on the Bar Council of India under Section 7 of the Advocates Act, 1961. As per Rule 2(xxiii) of the said Rules:-
“Regular course of study means and includes a course which runs for at least five hours a day continuously with an additional half an hour recess every day and running not less than 30 hours of working schedule per week.”
Rule 4 of the said Rules provides that there shall be two courses of law leading to Bachelors Degree in Law:
(a) a Three Year Degree course in law undertaken after obtaining a Bachelors' Degree in any discipline of studies from a University or any other qualification considered equivalent by the Bar Council of India.
(b) a Double Degree Integrated Course combining Bachelors' Degree Course as designed by the University concerned in any discipline of study together with the Bachelors' Degree Course in Law, which shall be of not less than five years duration leading to the Integrated Degree in the respective discipline of knowledge and law together.”
8. The petitioners have applied for admission to Integrated Degree Program. The eligibility for admission to the
