IN THE HIGH COURT OF JUDICATURE AT MADRAS
HULUVADI G. RAMESH, V. PARTHIBAN, JJ.
S. Theerthagiri - Petitioner
Vs.
The Director of School Education & Ors. - Respondents
Writ Petition Nos. 34630, 34220, 32799 & 33108 of 2016; Writ Appeal No. 1194 of 2016; WMP Nos. 29836, 29526, 28358 & 28591 of 2016 in WP No. 34630, 34220, 32799 & 33108 of 2016; CMP Nos. 15317 & 16710 of 2016 in WA No. 1194 of 2016
Decided On : 21-10-2016
Education Law – Seeking for admission – Examination - Petitioner in W.P. has studied upto 10th standard at Kaveripattinam Boys Higher Secondary School, and thereafter in middle of 10th standard, due to some difficulties, discontinued and privately appeared for 10th Standard Board examination in March 2014 - He later completed his 12th standard through regular schooling and passed in good academic records - Now he is seeking for admission to 5 years Law Course (L.L.B.,) and is under objection by University - Same is case of petitioner in W.P - Petitioner in W.P. suffered a fracture in middle of 10th standard and was on long leave - Hence, discontinued from school and taken 10th examination in private and got through and after that completed +2 in regular school and thereafter, joined 3 year regular course (B.A. Criminology and Police Administration) in JHA Agarsan College, Madhavaram and now she is seeking for admission to three years law course - Held, They have done their +2, through regular schooling - Upto 9th standard they have attended school and only for final year, they have appeared for examinations privately - Further it is noted that candidates have obtained Higher Secondary Course pass certificate (+2) through regular schooling - It is for respondent university to approve admission of these candidates at earliest and get them admitted, if they are found otherwise eligible - Candidates/petitioners have been admitted and also it is very much noted that persons have completed 10+2+3 and shown to have been considered, such being case, court view that candidates do not suffer from any disqualification to prosecute their studies viz., five years integrated law course or three years law course, as case may be and they may be permitted to prosecute their studies - Writ Petitions and writ appeal are disposed of.
Huluvadi G. Ramesh, J.
As the facts pleaded and the submission made in all the writ petitions and the writ appeal, is one and the same, they are taken up together and disposed of by a common order.
2. Petitioner in W.P. No. 34630 of 2016, has studied upto 10th standard at Kaveripattinam Boys Higher Secondary School, Uuthankarai and thereafter in the middle of 10th standard, due to some difficulties, discontinued and privately appeared for 10th Standard Board examination in March 2014. He later completed his 12th standard through regular schooling and passed in good academic records. Now he is seeking for admission to 5 years Law Course (L.L.B.,) and is under objection by the University. Same is the case of the petitioner in W.P. No. 34220 of 2016.
3. Petitioner in W.P. No. 32279 of 2016, suffered a fracture in the middle of 10th standard and was on long leave. Hence, discontinued from school and taken the 10th examination in private and got through and after that completed +2 in the regular school and thereafter, joined 3 year regular course (B.A. Criminology and Police Administration) in JHA Agarsan College, Madhavaram and now she is seeking for admission to three years law course.
4. Petitioner in W.P. No. 33108 of 2016, has studied upto 10th standard in regular schooling and thereafter, due to health problem, he continued his studies privately and took the Higher Secondary Course examination and came out successful during March 2011. He later completed B.Sc. Degree in Hotel & Catering Management from SRM Institute of Hotel Management. Now he is seeking for admission to three years law course.
5. Appellant in W.A. No. 1194 of 2016, has studied upto 9th standard in regular school. Since, he got less mark, he was not allowed to continue the 10th standard in the said school and thus, he appeared privately and passed in SSLC Board examination. After that, he completed +2 in the regular school and also obtained a UG Degree in regular college. But, as the appellant has taken the 10th standard examination privately, the respondent college/university, did not permit him to join the three years law course. Hence, he filed W.P.No.31739 of 2016, and the same as dismissed on 12.09.2016. Against the dismissal, the present writ appeal is filed.
6. Heard the learned counsel for the petitioners and the learned counsel representing the Bar Council of India, Bar Council for the State and the Tamilnadu Dr. Ambedkar Law University.
7. The Bar Council of India has framed Rules of Legal Education. Rule 5 deals with the eligibility criteria for admission to Five Years and Three Years Law Degree Course and the said Rule is extracted hereunder.
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 recognised as a Deemed to be University or foreign University recognised 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 L.L.B., degree on successful completion of the regular program conducted by a University whose degree in law is recognised 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 recognised University of India or outside or from a Senior Secondary Board or equivalent, constituted or recognised by the Union or by a State Government or from any equivalent institution from a foreign country recognised 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 Centers of Legal Education to obtain the integrat
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