INDIRA BANERJEE, J.

1. In this writ petition, the petitioner challenges the proceedings of the second respondent dated 27.6.2017, in and by which the petitioner's son was held to be “

not eligible” for admission to Five Year B.A. L.L.B (Hons.)/B.B.A. L.L.B.(Hons) Degree Course on the ground that he pursued his schooling in National Institute of Open Schooling.

2. According to the petitioner, her son had done the mandatory 12 years of education and is fully eligible for admission to the Five Year Law Degree as per Rule 5 of the Rules of Legal Education, 2008, hereinafter referred to as “the Legal Education Rules”. It is stated that National Institute of Open Schooling is like an Open University and is recognized by all the professional bodies and Universities.

3. In the counter affidavit filed on behalf of the National Institute of Open Schooling, it is emphatically stated that National Institute of Open Schooling is one of the National Boards of India offering Class X and XII certification through open and distant mode of education, which comes under the Ministry of Human Resource Development, Government of India and is an alternate channel for completion of schooling. It is further stated that the Legal Education Rules restrict only Open Universities and not Open Schooling. It is further stated that National Institute of Open Schooling is following the 10+2 system of schooling in tune with CBSE and other school boards of India and it is a member of the Council of Boards of School Education, New Delhi.

4. The Central Board of Secondary Education way back on 30.10.1991 had issued a Circular to the effect that examinations conducted by the National Open School at the end of Classes X/XII as equivalent to its examinations at the end of Classes X/XII.

5. The Regional Director, National Institute of Open Schooling, vide letter bearing Ref.No.542-12/2017/NIOS/RCC/SSS/Eligibility Cert./6467, dated 5.6.2017, stated that the National Institute of Open Schooling “offers school education up to Senior Secondary level through open and distance mode supported by the face to face contact sessions at the study centers spread all over the country and abroad”

6. At this juncture, it is appropriate to refer to Rule 5 of the Rules of Legal Education, 2008, hereinafter referred to as “the Legal Education Rules”:

“Rule 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 LL.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 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 recognised 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 distan