Bombay High Court
Vishnu Rambhhaji Harishchandre vs Bar Council Of India Through ... on 4 August, 2021
Bench: Ravindra V. Ghuge, S. G. Mehare
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO.6752 OF 2021
VISHNU RAMBHHAJI HARISHCHANDRE
VERSUS
BAR COUNCIL OF INDIA THROUGH SECRETARY AND
OTHERS
...
Advocate for the Petitioner : Shri Karpe Rahul R.
...
CORAM : RAVINDRA V. GHUGE
&
S.G. MEHARE, JJ.
DATE :- 04th August, 2021
Per Court :-
1. It is undisputed that the petitioner has failed in Higher
Secondary Certificate (HSC) examination in 1995 and has acquired
his graduation decree from Yashwantrao Chavan Maharashtra Open
University, Nashik in 2008.
2. The impugned communication dated 17.04.2021 has not
been placed on record. So also, the Rules of the Open University,
allegedly permitting admission to the graduation course without
passing HSC, are also not placed on record.
3. Reliance is placed upon the Full Bench judgment of the
Honourable Madras High Court dated 13.03.2018 in the case of
G.S.Jagadeesh vs. The Chairman, 3 Year LLB Admission, Chennai in
Writ Petition No.32984/2016 reported at AIR 2018 MAD 243,
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contending that once a candidate acquires graduation degree, his
admission to the law course is to be mechanically granted without
questioning the degree.
4. The view taken by the learned Full Bench of the Madras
High Court would not strictly bind us since it would only have
persuasive value.
5. The petitioner also relies upon the judgment of the
learned Division Bench of this Court dated 27.06.2019 delivered in
Writ Petition No.1441/2014 at the Principal Seat, filed by Shobha @
Neha Bhimrao Buddhivant vs. The Bar Council of India and others . It
is then contended that as Shobha (supra), similar to the petitioner
herein, had passed the preparatory course entrance test of the said
Open University, Nashik, she was admitted to the first year B.A.
course of the Open University and subsequently, she acquired her
graduation degree. Based on such facts, this Court permitted Shobha
(supra) to be admitted to the LLB course.
6. We wish to know as to whether, a candidate failing in
12th standard (HSC) can be permitted to be admitted to the graduation
course of the Open University? Whether, such a candidate passing the
preparatory course entrance test of the Open University, cures the
deficiency of having failed in HSC examination thereby, being
eligible to be admitted for graduation course of the Open University?
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7. The petitioner shall, therefore, place on record the copy
of the impugned communication dated 17.04.2021. The petitioner
shall also place on record the Rules for admitting students to the
graduation course of the Open University without passing the HSC
examination. Such documents shall be filed on or before 13.08.2021.
8. List this Writ Petition in the "urgent admissions"
category on 20.08.2021.
kps (S.G. MEHARE, J.) (RAVINDRA V. GHUGE, J.)
