While making one of its judgement, the Madras High Court has urged the Bar Council of India to make necessary changes in Rule 5 of its Legal Education Rules to ensure that only cndidates who have completed their Higher Secondary and UG through regular course alone are made eligible to participate for selection in the 5 year or 3 year LLB courses.
While suggesting that Bar Council of India should seriously take this suggestion into consideration and make necessary changes to the Rule, Justice N. Anand Venkatesh cautioned:
"In the absence of the same, persons who have not even gone to the regular school or college will get into a law college for the first time in their life and that may not be a healthy trend to maintain the quality of education in Law"
The petitioner in the particular case had completed SSLC (10th) in the year 2010 and thereafter, he completed the Higher Secondary Course (+2) in the year 2014 and thereafter completed three years BCA Degree Course in the year 2017 through Distance Education. The petitioner then applied for the three year L.L.B. Degree Course under the MBC category and also obtained necessary cut off marks. 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 didn't satisfy the requirements under Rule 5 of the Bar Council of India Rules.
Aggrieved by it, the petiotioner sought legal help. The Court after hearing the contention placed reliance on the Full Bench Judgment of the Madras High Court, in the case of Mohammed Mustafa v. the Chairman, Tamil Nadu Dr.Ambedkar Law university and two others dated 13.03.2018, in which it had been clarified that a person who has obtained the qualification even through distance/ correspondence education is eligible to be considered for admission to the 3 year course.
Rule 5 of Bar Council of India Rules reads:
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 programe 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 Programe: 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 or correspondence method shall also be considered as eligible for admission in the Integrated Five Years course or three years' LL.B. Course, as the case may be.
Explanation.- The applicants who have obtained 10 +2 or graduation / post graduation through open Universities system directly without having any basic qualification for prosecuting such studies are not eligible for admission in the law courses.
Taking a close look at the Rule 5 of the Bar council of India Rules, the Single-Judge bench noted that an applicant must graduate through a Regular Programme conducted by a University for the purpose of being considered for admission in the 3 year Law Course.
It said:
"If the Rule had stopped there, obviously the petitioner will not be eligible since he has not completed the minimum education through regular course. However the proviso, which should be considered as an exception to the main Rule, expands the eligibility. The proviso makes it clear that even the applicants who have obtained Higher Secondary or Under Graduation through Distance Education will also be eligible for admission for the 5 year course or the 3 year course, as the case may be"
The bench opined that the explanation clearly states that the applicant should not have obtained 10+2 or UG or PG through the Open University system directly without having any basic qualification.
The bench went onto explain that it means that a person who hasn't completed 10th cannot qualify for 10+2, a person who has not completed 10+2 cannot qualify for UG and a person who has not completed UG cannot qualify for PG.
"This is the literal meaning for the explanation appended to Rule 5 of Bar Council of India Rules. This Rule has been interpreted by the Full Bench in the judgement referred supra, and the Full Bench has made it very clear that a person who has obtained the qualification even through distance/ correspondence education is eligible to be considered for admission to the 3 year course", said the bench.
The Bench however, observed further:
"The Rule itself provides for an exception to undergo education through distance/correspondence mode. Till this Rule is in force, a candidate who satisfies the requirements of this rule will have to be considered for admission to the course",
The bench held that as per the existing Rules, the petitioner is eligible for being considered as a candidate for the 3 year B.L Course subject to the condition that the petitioner again participates in the selection for the academic year 2020-2021 and obtains necessary cut off marks.
At the same time, the bench urged that the Bar Council of India can take a cue from this judgment and make necessary changes in Rule 5 to ensure that the candidates who complete their Higher Secondary and UG through regular course alone are made eligible to participate for selection in the 5 year course or 3 year course.
The judgement has been delivered by a single-Judge bench of Justice N. Anand Venkatesh on 19-08-2020.
Source: LiveLaw
