HON’BLE THE CHIEF JUSTICE ALOK ARADHE AND THE HON’BLE SRI JUSTICE T. VINOD KUMAR WRIT PETITION Nos. 45880, 46145 & 46352 of 2022, 1290,1513, 2007 & 18209 of 2023 COMMON ORDER: (Per the Hon’ble Sri Justice T. Vinod Kumar)

Since the lis involved in these writ petitions is one and the same, all the Writ Petitions are taken up for hearing together and are being disposed of by this common order.

2. Heard Sri A.Ravinder Reddy, learned Senior Counsel appearing for Sri Ch.Venkateswara Reddy, learned counsel for petitioners in WP.Nos.1290 of 2023 & 45880, 46145 and 46352 of 2022; Sri S.A.V.Ratnam, learned counsel for petitioners in WP.No.1513 and 18209 of 2023; Sri Adesh Varma, learned Counsel appearing for Bar Council of India, Sri G.M.Mohiuddin, learned Counsel appearing for Bar Council of the State of Telangana, Sri Megha Rani Agarwal, learned counsel for University Grants Commission, for respective respondents in these the writ petitions, and perused the record.

Case of the Petitioners

3. In all these Writ Petitions, it is the common case of the petitioners that after completing 10+2 education from the ::2::

respective Education Boards, the petitioners have obtained their graduation degrees by pursuing their studies through open university/distance education mode in the respective courses viz., commerce, arts, etc., 4. It is the further case of the Petitioners that after obtaining their graduation degrees by the above process, the petitioners have secured admission into regular 3 year L.LB (Bachelor of Law) course in various colleges affiliated to the respective universities, and pursued the same; and that after obtaining their L.LB., degrees, they have made application to register themselves as Advocates on the Rolls of the Bar Council for the State of Telangana.

5. It is also the further case of the petitioners that in spite of obtaining their L.L.B. degrees from the colleges recognized by the State Bar Council and affiliated to respective universities, their applications seeking enrolment as an advocate are not being processed on the ground that the petitioners do not possess a degree of the qualifying examination by a regular course of study, for seeking admission into the 3 year L.L.B.

course.

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6. Petitioners contend that the graduation degrees obtained by them through open university/distance education mode, on the basis of which admission was sought into 3 year L.LB. course, were courses which had prior approval from UGC; and that the said courses pursued by them are treated as an equivalent to possessing a regular degree. Therefore, the action of the respondents/State Bar Council in denying the petitioners of the registration on the rolls of Bar Council of Telangana as an Advocate is highly illegal, arbitrary, discriminative and also in violation of Article 14 of the Constitution of India.

Contentions of the respondents:

7. Counter affidavit has been filed on behalf of the Bar Council for the State of Telangana. By the Counter affidavit filed it is contended that in order to be eligible for admission into a law course and seeking enrollment as an advocate, a candidate needs to satisfy the eligibility prescribed under Rule 5 of the Rules of Legal Education (for short ‘the Rules’) framed under the Advocates Act, 1961, which clearly stipulates that an applicant seeking admission into 3 year L.L.B. course has to be a graduate in any discipline of knowledge from a recognized university and by virtue of the explanation provided under Rule ::4::

5(a) of the Rules, the applicants, who have obtained graduation though Open University, are not eligible for admission into law course.

8. It is contended by the respondents that since in all these cases, the petitioners have obtained their first-degree course prior to seeking admission into 3 year L.L.B. course through open university/distance education mode, they are primarily disqualified from being admitted into the law course. Thus, it is contended that as the petitioners are not eligible to