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2022 Supreme(Ori) 697
IN THE HIGH COURT OF ORISSA AT CUTTACK
B.R.SARANGI, S.K.MISHRA, JJ.
Satya Narayan Pradhan – Appellant
Versus
Union of India and Others – Respondents
W.P. (C) No. 40620 of 2021
Decided On : 05-08-2022
For the Appellant : B. Pradhan
For the Respondent: P.K. Parhi
The integrated B.A. L.L.B. course is deemed a professional course, thereby entitling students to benefits under the Prime Minister's Scholarship Scheme.
Headnote:(A) Writ of Mandamus - Prime Minister's Scholarship Scheme - Integrated B.A. L.L.B. course - The action of treating the first two years of the integrated course as non-professional was challenged, referencing past judgment in Rahul Pradhan vs. Union of India - Court concluded that the integrated law courses are professional and recognized by U.G.C. - The denial of the scholarship to B.A. L.L.B. students was found to be erroneous as it deprives entitled persons from pursuing legal education. (Paras 4-6)
(B) Judicial Precedent - Courts must follow precedents established in earlier rulings unless there’s a clear reason to deviate - The decision regarding classification of courses affects students’ eligibility for scholarships aimed at supporting the dependent wards of Ex-Servicemen. (Paras 4-5)
Facts of the case:
The petitioner sought a scholarship under the Prime Minister's Scholarship Scheme, having been denied due to his first two years of the integrated law course being classified as non-professional contrary to an existing judgment recognizing them as professional.
Findings of Court:
The court directed that the petitioner is entitled to the scholarship for the duration of the 5-year integrated B.A. L.L.B. course at NLUO.
Issues: Whether the first two years of the integrated B.A. L.L.B. course can be classified as professional course for eligibility under the scholarship scheme.
Ratio Decidendi: The court reaffirmed that the integrated B.A. L.L.B. course is a professional course as recognized by U.G.C., and prior judgments establishing this must be adhered to, making the petitioner eligible for the scholarship.
Result: Writ Petition stands disposed of in favor of the petitioner.
| Table of Content |
|---|
| 1. factual background of the petitioner's claim. (Para 1 , 2 , 3) |
| 2. argument supporting recognition of integrated law courses. (Para 4) |
| 3. court's ruling regarding professional status of law courses. (Para 5) |
| 4. conclusion and disposal of the writ petition. (Para 6) |
ORDER :
1. This matter is taken up by hybrid mode.
2. Heard Mr. B. Pradhan, learned Counsel for the Petitioner and Mr. P.K. Parhi, learned Assistant Solicitor General of India appearing for the Union of India-Opposite Parties.
3. The Petitioner has filed this Writ Petition assailing the action of the Opposite Parties in treating first two years of integrated B.A. L.L.B. course as non-Professional Course and consequential denial of benefit of Prime Minister’s Scholarship Scheme, which he otherwise is entitled.
4. Mr. B. Pradhan, learned Counsel appearing for the Petitioner contended that this question has already been considered by this Court in Rahul Pradhan vs. Union of India represented through Secretary, Ministry of Defence, South Block, New Delhi and three others, 2016 (I) OLR 735 and this Court, after due adjudication, has come to a definite conclusion that the degree offered in 5 year integrated law course i.e. B.A. LLB, BBA-LL.B., B.Com-LLB and B.SC. LL.B. are “integrated courses” and not “dual degree” courses as claimed. Therefore, the 5 year integrated law courses are clearly professional course, which have been designed by the Bar Council of India for advancing integrated law courses and also duly recognized by the U.G.C. In view of such position, the students prosecuting 5 years law degree programmes, ought to have been considered for the scholarship, since the aim and objective of the scheme is beneficial in nature and it is targeted to benefit the dependent wards/widows of Ex-Servicemen and Ex-Indian Coast Guard Personnel. Consequently, this Court observed that making five year integrated law course ineligible would be depriving many of such persons otherwise entitled to be deprived from pursuing courses in law. Thereby, while disposing the Writ Petition, this Court directed the Kendriya Sainik Board to include 5-year LLB integrated course as a professional course for which scholarship ought not to be denied in the Scheme.
5. In the above view of the matter, once this Court has already held that 5-year LL.B course as a professional course, treating the first two years as non-professional course by the Authority vide Annexure-7, cannot sustain in the eye of law and the observation made to that extent in Annexure-7, also cannot sustain. As such, the Petitioner is entitled to Prime Minister’s Scholarship for a period of five years integrated B.A. LLB. Course, which he is prosecuting in National Law University Odisha (NLUO).
6. With the aforesaid observation and direction, the Writ Petition stands disposed of.
Issue urgent certified copy as per Rules.
