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2020 Supreme(Mad) 2215

IN THE HIGH COURT OF MADRAS
N. Anand Venkatesh, J.
M. Krishnakumar – Appellant
Versus
The Registrar-cum-Chairman, The Tamil Nadu Dr. Ambedkar Law University – Respondent
W.P. No. 31161 of 2019, W.M.P. Nos. 4906 and 31287 of 2019
Decided On : 19-08-2020

Advocates:
Advocate Appeared:
For the Appellant : R. Jayaprakash
For the Respondent: V. Vasantha Kumar, Standing Counsel

Headnote:

Bar Council of India Rules - Rule 5 - writ of Mandamus - Admission Processes - Minimum marks in qualifying examination for admission - Sought for direction to respondents to admit petitioner in 3 year L.L.B degree course during academic year - Petitioner had completed SSLC (10th) in year 2010 and thereafter, he completed Higher Secondary Course (+2) in year 2014 - Petitioner thereafter completed three years BCA Degree Course in year 2017 through Distance Education mode from Tamil University. Petitioner applied for three year L.L.B. Degree Course under the MBC category and petitioner has also obtained necessary cut off marks - Held, Rule 5 of Bar Council of India Rules does not seem to match the concern expressed by learned counsel for respondent. The Rule itself provides for an exception to undergo education through distance/correspondence mode - In the absence of the same, persons who have not even gone to regular school or college will get in to a law college for first time in their life and that may not be a healthy trend to maintain the quality of education in Law - It is clear that as per existing Rules, petitioner is eligible for being considered as a candidate for 3 year B.L Course subject to condition that petitioner again participates in the selection for academic year 2020-2021 and obtains necessary cut off marks - Writ petition is disposed of.

ORDER :

N. Anand Venkatesh, J.

1. This writ petition has been filed for the issue of writ of Mandamus directing the respondents to admit the petitioner in the 3 year L.L.B degree course during the academic year 2019-2020.

2. The case of the petitioner is that he had completed SSLC (10th) in the year 2010 and thereafter, he completed the Higher Secondary Course (+2) in the year 2014. The petitioner thereafter completed three years BCA Degree Course in the year 2017 through Distance Education mode from Tamil University, Thanjavur. The petitioner applied for the three year L.L.B. Degree Course under the MBC category and the petitioner has also obtained necessary cut off marks.

3. At the time of counselling, the petitioner was informed that he was not eligible to be considered for selection for the 3 year L.L.B Course on the ground that the petitioner did not satisfy the requirements under Rule 5 of the Bar Council of India Rules. Aggrieved by the same, the present writ petition has been filed before this Court.

4. The learned counsel appearing for the petitioner submitted that even though the petitioner will not be able to get any admission for the academic year 2019-2020 since the academic year itself is over, the petitioner can again participate in the selection process for the academic year 2020-2021. At that point of time, very same ground now raised, should not be put against the petitioner and therefore, the learned counsel submitted that this Court can render a finding on the main issue and insofar as the final relief is concerned, it can be declared to be infructuous. The learned counsel submitted that the Full Bench Judgment of this Court, in the case of Mohammed Mustafa vs. the Chairman, Tamil Nadu Dr. Ambedkar Law university and two others in W.P. No. 31043 of 2017 dated 13.03.2018, covers the issue that is involved in the present writ petition. To substantiate his submission, the learned counsel relied upon certain portions of the judgment, which is extracted hereunder:

"9. In exercise of power conferred by the Advocates Act, 1961, the Bar Council of India has framed Rules of Legal Education in consultation with Universities and State Bar Councils. Rules 5, 6 and 7 of the Bar Council of India Rules of Legal Education, hereinafter referred to as "Legal Education Rules", provide as follows:

"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 programme 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 Programme: 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 Centres 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 distance

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