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2025 Supreme(Ker) 1175
IN THE HIGH COURT OF KERALA AT ERNAKULAM
N.NAGARESH, J.
V.S Gourishankar, S/o V.V.Suresh - Appellant
Versus
Bar Council Of India - Respondent
WP(C) No. 36946 of 2024
Decided on : 11-04-2025
Advocate Appeared:
For the Appellant : SRI.V.V.SURESH
For the Respondent: SRI.C.DINESH, SMT.M.U.VIJAYALAKSHMI, SRI.RAJIT, SRI.V.VENULPAL, GOVERNMENT PLEADER
The court affirmed that qualifications from the National Institute of Open Schooling are valid for admission to law courses, recognizing the petitioner as eligible under Bar Council of India Rules.
Headnote:
(A) Bar Council of India Rules on Legal Education - Rule 5(b) - Admission to Integrated BA LLB (Hons) Course - Petitioner, a student of NIOS, denied admission based on qualifications - Court held that NIOS qualifications are equivalent to those from recognized boards, allowing admission - The petitioner was a regular student and met eligibility criteria. (Paras 2, 11, 17)
(B) Eligibility Criteria - The court emphasized that the NIOS is recognized as an autonomous institution and its qualifications are valid for admission to law courses. (Paras 12, 15)
Facts of the case:
The petitioner, having completed his secondary education through NIOS after attending regular classes in CBSE schools, sought admission to the Integrated BA LLB (Hons) Course but was denied based on the interpretation of eligibility rules.
Findings of Court:
The court found that the petitioner met the eligibility criteria as per BCI Rules and recognized NIOS qualifications.
Issues: The main issues were the interpretation of eligibility criteria under BCI Rules and the recognition of NIOS qualifications.
Ratio Decidendi: The court ruled that the petitioner, having been a regular student and with qualifications recognized by the Association of Indian Universities, is eligible for admission to the Integrated BA LLB (Hons) Course.
Result: Writ petition allowed; admission granted.
JUDGMENT :
The petitioner, a student of Sree Narayana Law College, Poothotta, is before this Court seeking to direct the 3rd respondent to admit the petitioner for the Integrated BA LLB (Hons) Course. The petitioner seeks to set aside Ext.P10 rejection letter issued by the 3rd respondent.
2. The petitioner states that his application for admission to Integrated Five Year LLB Course was not entertained by the 3rd respondent-Principal stating that the petitioner has passed Secondary and Senior Secondary Examinations from the National Institute of Open Schooling (NIOS). According to the petitioner, under Rule 5(b) of the Legal Education Rules of the Bar Council of India, the basic qualification for Five Year Integrated LLB Course is X (Secondary) and essential qualification is Plus Two (Senior Secondary). According to the petitioner, a student, who passed matriculation without undergoing the study of Primary, Upper Primary and High School Classes and has passed Secondary Examination on a single sitting, is not eligible for admission.
3. The petitioner started his studies in Bhavans Adarsha Vidyalaya English Medium Syllabus School and he continued his studies there. The petitioner continued his studies in Bhavans Adarsha Vidyalaya till Standard VIII. In that year, due to certain unhappy incidents in domestic life, the petitioner was mentally upset and underwent high depression for which treatment had to be taken from Psychology Department of Amrita Institute of Medical Sciences. The Principal of Bhavans Adarsha Vidyalaya transferred the petitioner to Bhavans Vidyamandir, Elamakkara to Class IX. The petitioner studied in Class IX and X in Bhavans Vidyamandir, Elamakkara regularly attending classes. After passing 11th Standard, the petitioner appeared for Secondary School Certificate Examination conducted by the NIOS.
4. The petitioner states that as the petitioner was a regular student under CBSE Stream in Primary, Upper Primary and High School Classes, he is having the basic qualification for joining the LLB Course. As per Rule 5(b) of BCI Rules, the petitioner is entitled to get admission to Integrated Five Year LLB Course. Therefore, the petitioner applied for Entrance Examination for admission to LLB Course.
5. Ext.P7 Prospectus of the Entrance Examination did not state that a candidate is not eligible for LLB admission if the basic qualification is under the NIOS Scheme. Having scored good marks in the Entrance Examination, the petitioner got primary allotment in the State merit list in Sree Narayana Law College, Poothotta as per Ext.P8.
6. The respondents did not raise any objection regarding the basic qualification of the petitioner at that time. However, on 18.10.2024, when the petitioner appeared before the 3rd respondent with original certificates for verification, the 3rd respondent refused to admit the petitioner on the ground that the petitioner has passed both the basic and qualifying examinations under the NIOS Scheme. The petitioner produced Ext.P9 Course Certificate from the Principal, Bhavans Vidyamandir, Elamakkara, which certified that after passing the 8th Standard under CBSE, the petitioner was bona fide student of Bhavans Vidyamandir, Elamakkara for Classes IX and X. Ext.P9 would show that the petitioner has undergone the basic qualification course as a regular student.
7. In the afore circumstances, the petitioner prayed to direct the 3rd respondent to admit the petitioner for the Integrated BA LLB (Hons) in Sree Narayana Law College, Poothotta pursuant to Ext.P8 First Phase Allotment Memo.
8. The 6th respondent-NIOS filed a statement in the writ petition. The 6th respondent stated that NIOS is one of the three National Level Boards and is at par with other National Level Boards like CBSE and ICSE. The Secondary / Senior Secondary Certification of NIOS are recognised by the Government of Kerala and all State Boards across India. The Association of Indian Universities as per Ext.R6(b), granted equivalent to the cours
