ORDER

This petition is filed by the petitioner being aggrieved by the order dated 06.11.2019, passed by respondent No.1, vide Annexure-K.

2. Brief facts leading rise to filing of this petition are as under:

The petitioner was a Government servant appointed as a Typist in Principal Civil Judge (Sr.Dn.) & CJM, Bidar and retired as an Assistant Registrar. The petitioner while working as a typist at Bidar, desired to prosecute LLB course and submitted an application seeking permission to pursue higher studies. The Principal District & Sessions Judge, Bidar granted permission to the petitioner to prosecute higher studies. Pursuant to the permission granted by the Principal District & Sessions Judge, Bidar, the petitioner joined R.V.Bidap Law College, Bidar for 3 years LLB course in the year 2000 which was affiliated to Gulbarga University. The petitioner passed 3 years LLB course and Gulbarga University issued Provisional Degree Certificate and Convocation Certificate. The petitioner retired from service on 30.06.2018. The petitioner approached respondent No.1 to enroll himself as an advocate by making proper representation along with the relevant documents. The respondent No.1 issued the impugned endorsement dated 06.11.2019, stating that the petitioner cannot be enrolled with the respondent No.1 and application cannot be considered. In the said decision, respondent No.1 has referred to the communication dated 25.09.2014, issued by respondent No.2 addressed to the Secretary, Bar Council of Karnataka, Bengaluru, wherein as per the Special Committee Meeting Resolution dated 29.09.2014, some guidelines were issued in respect of Legal Education Rules 2008. According to the guidelines, those students who have admitted to the law course prior to 14.09.2008, are eligible for enrolment, irrespective of Bar Council of India Rules. The petitioner aggrieved by the decision dated 06.11.2019, vide Annexure-K has filed this writ petition.

3. Heard learned counsel for petitioner and learned counsel for the respondents No.1 and 2.

4. Sri. H.L.Pradeep Kumar, learned counsel for the petitioner submits that the petitioner obtained permission from the Principal District & Sessions Judge, Bidar for pursuing higher studies and joined R.V.Bidap Law College and attended the classes and appeared for examinations and cleared all the subjects in 3 years LLB course. The Gulbarga University issued Provisional Degree Certificate and Convocation Certificate. He retired from service on 30.06.2018. Thereafter he approached the respondent No.1 and submitted an application for enrollment as an advocate. The respondent No.1 refused to enroll the petitioner as an advocate on the ground that as on the date of joining 3 years LLB course in the year 2000-2003, he was in employment and he has not produced any document to show that he was on leave while he was pursuing his LLB course. Hence he submits that when the University has not raised any objection in regard to the eligibility and permitted the petitioner to take LLB examinations and issued Provisional Degree Certificate and Convocation Certificate, respondent No.1 has no right to question the degree certificate issued by the University. He submits that the respondent No.1 has not challenged the Provisional Degree Certificate issued by the Gulbarga University. Hence he submits that respondent No.1 has committed an error in passing the impugned order / decision vide Annexure-K. Hence on these grounds he prays to allow the writ petition.

5. Per contra, Sri. Sridhar Prabhu, learned counsel for respondent No.2 submits that admittedly as on the date of joining LLB course, the petitioner was employed in the judicial department and he has not submitted any documents to show that he has attended the classes conducted by the college. The petitioner is not eligible for enrollment as an advocate as he has not attended the classes and he submits that the respondent No.1 has rightly rejected the application of the petitioner. Hence on