2026 Supreme(Online)(Kar) 56053
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
Karnataka State Law University – Appellant
Versus
Rakesh Shetty – Respondent
WRIT APPEAL NO.1060 OF 2025 (EDN-RES)
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RESERVED ON 04TH AUGUST 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF OCTOBER, 2026 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT APPEAL NO.1060 OF 2025 (EDN-RES)
BETWEEN:
KARNATAKA STATE LAW UNIVERSITY NAVANAGAR, HUBBALLI, KARNATAKA-580025 REPRESENTED BY ITS REGISTRAR.
…APPELLANT (BY SMT. JAYNA KOTHARI, SENIOR ADVOCATE FOR SRI. GIRISHKUMAR R., ADVOCATE)
AND:
1. RAKESH SHETTY AGED ABOUT 43 YEARS, S/O KARUNAKAR SHETTY, Digitally signed by MAHALAKSHMI B M R/AT HEENKILA HOSAMANE HIRGANA Location: High Court KARKALA TALUK, of Karnataka UDUPI DISTRICT-576117.
2. THE STATE OF KARNATAKA REP. BY ITS PRINICPAL SECRETARY, EDUCATION DEPARTMENT M.S. BUILDING, AMBEDKAR VEEDHI, BENGALURU-560001.
3. SOUNDARYA COLLEGE OF LAW SOUNDARYANAGARA SIDEDAHALLI, NAGASANDRA POST, BENGALURU-560073.
##PAGE2##4. KARNATAKA STATE BAR COUNCIL (KSBC), ADJACENT TO HIGH COURT OF KARNATAKA, OLD ELECTION COMMISSION BUILDING, DR. AMBEDKAR VEEDI, BENGALURU, KARNATAKA-560001.
(RESPONDENT NO.4 IMPLEADED AS PER COURT ORDER DATED 30.06.2026)
…RESPONDENTS (BY SRI. K. PRASANNA SHETTY, ADVOCATE FOR R-1;
SMT. NAMITHA MAHESH B.G., AGA FOR R-2;
SRI. T.P. VIVEKANANDA, ADVOCATE FOR R-4;
NOTICE TO R-3 IS SERVED AND UNREPRESENTED)
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER DATED 09.12.2024 PASSED BY THE LEARNED SINGLE JUDGE, HIGH COURT OF KARNATAKA BENGALURU IN W.P.NO.31737/2024 AND ETC., THIS WRIT APPEAL HAVING BEEN HEARD AND RESERVED FOR JUDGMENT, COMING ON FOR PRONOUNCEMENT THIS DAY, JUDGMENT WAS PRONOUNCED AS UNDER:
CORAM: HON'BLE MR. VIBHU BAKHRU ,CHIEF JUSTICE and HON'BLE MRS. JUSTICE K.S. HEMALEKHA C.A.V. JUDGMENT (PER: HON'BLE MRS. JUSTICE K.S. HEMALEKHA)
1. The Karnataka State Law University [University] has preferred this intra-court appeal, calling in question the order dated 09.12.2024 [impugned order] passed by the learned Single Judge of this Court in W.P. No.31737/2024 (EDN-RES), whereby the learned Single Judge allowed the writ petition filed by respondent No.1, set aside the endorsement dated 18.10.2024 issued by the University and directed issuance of an eligibility certificate to respondent No.1 for admission to the three year LL.B course.
##PAGE3##2. The principal question arising for consideration in this appeal is:
"Whether, a candidate having obtained a recognized "First Degree", after prosecuting a regular course of study, satisfies the eligibility criteria prescribed under Rule 5(a) of the Bar Council of India, Rules of Legal Education, 2008 for admission to the three Year LL.B course?"
3. Respondent No.1 completed his SSLC in the year 1997, and thereafter, completed his Job-Oriented Pre-University Diploma in Computer Techniques [JOC] in the year 1999. Subsequently, he pursued the Bachelor of Commerce [B.Com] course and completed his graduation from Mangalore University in the year 2004. The B.Com degree was conferred on him by Mangalore University at its Convocation held on 24.01.2005. He was also gainfully employed in a private company for several years.
4. In the year 2024, respondent No.1 desired to pursue the three year LL.B course and submitted an online application dated
##PAGE4##24.06.2024 through respondent No.3, Soundarya College of Law. The college accepted his application and respondent No.1 paid the prescribed fee for the academic year 2024-2025.
5. The application was thereafter forwarded to the University for issuance of an eligibility certificate. By endorsement dated 18.10.2024, the University declined to issue the eligibility certificate, proceeding on the basis that in terms of Government Order dated 06.08.2021, respondent No.1's JOC qualification could not be treated as equivalent to Pre-University Course [PUC]. Aggrieved by the said endorsement, respondent No.1 approached this Court by filing W.P.No.31737/2024 (EDN-RES).
Impugned order
6. The learned Single Judge allowed the writ petition, quashe