Nalisetty Sivangajyothi vs The State Of Ap
2023 Latest Caselaw 880 AP

 HON'BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD

                 WRIT PETITION No.1889 OF 2023
ORAL ORDER:
      The prayer sought in the Writ Petition is as under :

              "...to issue an order, writ or direction, more
       particularly one in the nature of WRIT OF MANDAMUS
       declaring the action of respondents not permitted the

petitioner to study 3 year LLB Course though petitioner qualified under LAW Common Entrance Test (LAWCET), 2022, stressing in pattern of earlier studies as illegal, arbitrary, discriminatory, irregular, against to the principles of natural justice apart from being violative of Article 14 of the Constitution of India and direct the respondents particularly 2nd respondent to permit the petitioner to participate in web counselling of LAW Common Entrance Test (LAWCET), 2022 and allot seat to the petitioner in any of the colleges to pursue the three year LLB course and pass such other order or orders may deem fit and proper in the circumstances of the case."

2. Heard Sri Dasari S.V.V.S.V Prasad, Learned Standing

Counsel for the Bar Council of Andhra Pradesh and Sri

Maheswara Rao Kuncheam, Learned Standing Counsel for

the Bar Council of India.

3. The case of the Writ Petitioner is that after studying

her 10th class she has pursued B.Sc and secured Bachelor

of Science from Dr.BR Ambedkar Open University.

Thereafter, she has completed Intermediate from Andhra

Pradesh Open School Society and finished her Intermediate

Education on or about 25th August, 2021.

4. She has desired to seek admission into three year LLB

Course and had taken the A.P. Lawcet, 2022. After

securing a rank in the Lawcet, she had participated in the

Web Counselling where it was clarified to her that she

cannot be admitted for three years LLB Course.

5. Having been aggrieved by not being allowed to

participate in the online counseling, the present Writ

Petition has been filed for declaring the action of the

Respondents not permitting her to study three year LLB

Course is illegal and arbitrary, on the basis that she is

properly qualified. Sri B.V Durga Prasad, Learned Counsel

appearing for Respondent Nos.2 and 3 has submitted that

the Convener of A.P Lawcet, 2022, in compliance with the

rules and regulations the Bar Council of India, would

administer admissions for the Five Year and Three Year

Law Courses.

6. He is also submitted that the prospectus issued by

the Convener reflects the regulations of the Bar Council of

India to the effect that Candidates who possess 10th class

and two years of Intermediate and three years of Degree

Course can alone be admitted into three year L.L.B Course

whereas the present Writ Petitioner has completed BSc

Degree in the Dr. BR Ambedkar Open University and

thereafter completed Intermediate also under the A.P. Open

School Society. The Bar Council of A.P and the Bar Council

of India were not made parties in the present case. In order

to resolve the dispute, this Court deemed it appropriate to

seek the opinion from the Bar Council of India as well the

Bar Council of State of Andhra Pradesh. The matter was

directed to be listed at 02.15 P.M today with a direction to

the Learned Counsel for the Writ Petitioner to intimate the

Counsel for the Bar Council of A.P and Bar Council of India

to be present at 02.15 P.M.

7. As the matter has been now taken up, Sri Maheswar

rao Kuncheam, Learned Standing Counsel for the Bar

Council of India has submitted a Judgment rendered by the

Division Bench of the Hon'ble High Court of Telangana in

W.A.597 of 2020 and Batch dated 28.12.2021 and

submitted that similar issue was considered by the Division

Bench. He has drawn the attention of this Court to Para

Nos.10, 11 and 12 of the Judgment and submitted that

Candidates possessing Degree or Graduate Degree from

Open Schools or who have appeared for External

Examinations are ineligible to seek admission to LLB

Courses. The dictum of the Division Bench dated

28.12.2021 is usefully reproduced hereunder:

10. The aforesaid Rules make it very clear that for grant of admission into three year Law Degree, a candidate is required to hold a graduation degree upon completion of regular course conducted by University or an institution recognized as University by the University Grants Commission. Similarly for admission into integrated degree, a candidate is required to have Senior Secondary School (12th or equivalent) by attending a regular course. Much has been argued by the learned counsel for the petitioner regarding equivalence of BA (external) to that of BA (regular course) and the Certificate issued by the Osmania University dated 15.10.1999 is brought on record (page 50 of the paper book of the Writ Appeal).

11. The certificate issued by the Osmania University reflects that University has certified that BA External Examinations conducted by the Osmania University examinations are equivalent to BA (10+2+3) pattern. Meaning thereby, the University is declaring its own degree of BA (external) is equivalent to BA (regular course). The Osmania University does not have the power to declare its degree as a recognized degree or equivalent degree. The power lies with the University Grants Commission only and no such equivalence certificate has been brought to the notice of this Court issued by the University Grants Commission, which is the apex body in the matter of grant of recognition/equivalence in respect of degrees issued by various Universities under the University Grants Commission Act, 1956.

12. Reliance has been placed upon the letter of the University Grants Commission dated 30.06.1999. However, it was confined to only one year i.e., 1998- 99 and by virtue the aforesaid letter, the petitioner does not get any right to claim the degree of BA (external) equivalent to BA (regular course). The controversy involved in the present case has been dealt with by a Full Bench of Madras High Court in G.S.Jagadeesh's case (supra) and paragraphs 40, 41 and 42, which are relevant, are reproduced as under:-

"40. There is a difference between open universities and other universities and/or boards, in that some of these open universities enable candidates who do not have the basic qualifications, to obtain higher qualifications straightaway. By prosecuting studies through open universities, it may be possible for a candidate to obtain a Post Graduate Degree or a Three Year LLB Degree without being a graduate or to obtain a graduate degree without being a graduate or to obtain a graduate degree without having the Senior Secondary School Certificate. In our view, the Bar Council of India, in its wisdom, framed the Legal Education Rules making a graduate degree upon prosecution of a regular course from a university, whose degree in Law is recognized by the Bar Council of India, in a mandatory eligibility criteria.

41. Had it been the intention of the Bar Council that for admission to Three Year LLB Course a candidate would be required to obtain all the previous requisite degrees and certificates, such as the Secondary School Certificate and Senior Secondary School Certificate, by prosecuting a regular course, the Legal Education Rules would have specifically provided so.

42. The language and tenor of Rules 5(a) and 5(b) read with the first proviso and the Explanation make it amply clear that prosecution of a regular course is mandatory only for the immediately previous qualifying certificate and/or degree, for example,

graduate degree for the Three Year LLB Course and Senior Secondary Certificate for the Integrated Degree Program. Had the Rules intended otherwise, the Rules would have specifically provided that candidates would not be eligible for admission to the Three Year LLB unless they had obtained the Secondary and Senior Secondary Certificates upon prosecution of studies through a regular course or through distance or correspondence mode. The Bar Council of India has, in its wisdom, chosen to frame Rules whereunder prosecution of a regular course is mandatory only in respect of the Senior Secondary Certificate for admission to the Integrated Degree Course and in respect of graduation for admission to the Three Year LLB course."

8. As the law on this issue is well settled, this Court is of

the considered view that Writ Petitioner cannot be granted

the relief sought for. In this view of the matter, the Writ

Petition is dismissed. No order as to costs.

9. Interlocutory Applications, if any, stand closed in

terms of this order.

________________________________ G. RAMAKRISHNA PRASAD, J

Dt: 10.02.2023

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HON'BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD

WRIT PETITION No.1889 OF 2023

10.02.2023

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