Karnataka High Court
Mallinath vs The Registrar And Anr on 21 November, 2024
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
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NC: 2024:KHC-K:8703
WP No. 203032 of 2024
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 21ST DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR. JUSTICE S.R. KRISHNA KUMAR
WRIT PETITION NO.203032/2024(EDN-AD)
BETWEEN:
MALLINATH S/O. BHIMSHA MADIVAL
AGE 44 YEARS,
OCC. ASSISTANT SUB-INSPECTOR OF POLICE,
(RESERVE POLICE)
R/O. H.NO.5, KUMARADHARA BLOCK,
NEW BUILDING POLICE COLONY,
KALABURAGI - 585 105.
...PETITIONER
(BY SRI JAYANANDAYYA, ADV., FOR
SRI ANAND TURE, ADV.)
Digitally signed AND:
by SUMITRA
SHERIGAR
Location: HIGH
1. THE REGISTRAR
COURT OF KARNATAKA STATE LAW UNIVERSITY
KARNATAKA
SUTAGATTI ROAD, NEAR RTO OFFICE,
NAVANAGAR,
HUBLI - 580 025.
2. THE PRINCIPAL
KARNATAKA LAW COLLEGE
SHARAN NAGAR, GARDEN ROAD
KALABURAGI - 585 101.
...RESPONDENTS
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NC: 2024:KHC-K:8703
WP No. 203032 of 2024
(BY SRI. MAHANTESH PATIL, ADV.)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
ISSUE A WRIT OF MANDAMUS DIRECTING RESPONDENT NO.1
AUTHORITY KARNATAKA STATE LAW UNIVERSITY, TO ISSUE
ELIGIBILLITY CERTIFICATE IN FAVOUR OF PETITIONER AND
FURTHER DIRECT RESPONDENT NO.2 KARNATAKA LAW
COLLEGE, KALABURAGI, TO ADMIT THE PETITIONER FOR THE
L.L.B. THREE YEARS COURSE AND ALLOW HIM TO ATTEND
CLASSES FOR THE YEAR 2024-25 ONWARDS.
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR
ORAL ORDER
(PER: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR)
1. In this petition, the petitioner seeks the
following relief:
"a) Issue a writ of mandamus directing the
respondent No.1 authority Karnataka State Law
University, to issue eligibility certificate in
favour of petitioner and further direct the
respondent No.2 Karnataka Law College,
Kalaburagi to admit the petitioner for the L.L.B.
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Three Years Course and allow him to attend
classes for the year 2024-2025 onwards."
2. Heard the learned counsel for the petitioner and
the learned counsel for the respondents and perused the
material on record.
3. A perusal of the material on record will indicate
that the issue in controversy involved in the present
petition is directly and squarely covered by the judgment
of this Court in (1) W.P. No.105385/2022 dated
29.11.2022 in the case of NAGARAJ VS. THE
KARNATAKA STATE LAW UNIVERSITY, which was
followed by Co-Ordinate Bench of this Court in the cases of
DURGANA VS. THE REGISTRAR in W.P.
No.202104/2024 and MR. ABUBAKAR VS.
KARNATAKA STATE LAW UNVIERSITY in W.P.
No.200642/2021, wherein, this Court has held as under:
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In W.P. No.105385/2022 (EDN-RES):
"The petitioner had submitted an
application with the respondent-University to
issue eligibility certificate for admission to the
three years LLB course. The said application is
rejected by the respondent-University stating
that the ITI course is not equivalent to ten
plus two. Taking exception to the same, this
petition is filed.
2. Heard the learned counsel for the
petitioner and learned counsel for the
respondent-University.
3. The issue whether the petitioner
must have studied ten plus two was examined
by Co-ordinate Bench of this Court in W.P.
No.200642/2021 disposed of on 08.12.2021
wherein at para-8 is held as follows:
"By bare reading of the Rules of Bar
Council of India and the Regulations of
the first respondent -University, it has to
be held that a candidate to be eligible for
admission to a three year Law Degree
Course should have passed a three years
degree program from a recognized
University and that he should not have
obtained 10+2 or graduation through an
open University system. Neither the
Rules nor the Regulations excludes I.T.I
course in lieu of PUC or 11th and 12th
standards when a student wants to get
admitted to a three year law Degree
Course. When that being the situation,
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the first respondent-University in its
notification for admission to three year
Law Degree Course for the academic year
2020-21 cannot insist upon that the
students should have only studied in
Preuniversity or 12th standard. It should
consider I.T.I course for two years as
equivalent to PreUniversity or 12th
standard. Further, the notification also
does not expressly state that I.T.I is not
equivalent to +2. For the said reasons, it
has to be held that the second respondent
has committed an error in not admitting
the petitioner to the course of three year
LL.B Degree programme only on the
ground that he has not completed +2, but
has studied I.T.I before obtaining an valid
three year degree from a recognized
University."
4. The Co-ordinate Bench of this Court having
held that the petitioner therein having studied ITI
before obtaining the valid three years decree from
the recognized University is eligible for the
admission for three years LLB course, this writ
petition requires to be disposed of in the light of the
order dated 08.12.2021 passed in
W.P.No.200642/2021. Accordingly, I pass the
following:
ORDER
i) The writ petition is allowed.
ii) The impugned endorsement dated
05.11.2022 issued by respondent at
Annexure-A is hereby quashed.
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iii) Respondent-University is hereby
directed to issue eligibility certificate in
favour of the petitioner certifying that the
petitioner is eligible for admission to three
year LLB course. The said exercise shall be
completed forthwith.
Petitioner is permitted hand delivery of the
operative portion of the order."
In W.P. No.202104/2024 (EDN-RES):
"1. Sri. Mahantesh Patil, learned counsel
accepts notice for respondent Nos.1 and
2. The petitioner is before this Court
seeking for the following reliefs:
a. Issue a writ of mandamus directing
the respondent no.1 authority
Karnataka state Law University to
issue eligibility certificate in favour of
petitioner and further direct the
respondent no.2 Karnataka law
college, Kalaburagi to admit the
petitioner for the L.L.B three years
course and allow him to attend
classes for the year 2024-2025.
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b. Issue any other writ, order or
directions which this Honourable
court deems fit under the facts and
circumstances of the case.
3. The petitioner has passed SSLC examination
in the month of 2016. Thereafter completed
two years of ITI (Electrician Course) and
subsequently applied for admission to LL.B.
course offered by the respondent No.2. The
said admission was denied on account of the
petitioner not having completed PUC and by
contending that, ITI course would not offer
eligibility for the same.
4. This Court vide its order dated 29.11.2022 in
W.P.No.105385/2022 has held that,
completion of ITI course from the recognized
University would provide eligibility for the
LL.B. Course. In that view of the matter, I
pass the following:
ORDER
(i) The writ petition is allowed;
(ii) A mandamus is issued directing
respondent No.1 to issue eligibility
certificate in favour of the petitioner
declaring him eligible for LL.B. Course,
within 30 days from the date of order.
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(iii) A mandamus is issued directing
respondent No.2 to admit the petitioner
to the three years LL.B. Course on the
basis of the eligibility certificate issued
by the respondent No.1, within 30 days
from the date of order."
In W.P. No.200642/2021 (EDN-AD):
"The petitioner has completed his SSLC in
the academic year 2009-10 from Urdu High School,
Jewargi, District Kalaburagi. Thereafter, he has
completed I.T.I (Electrician), a two years course
from Shri Noorandeshwar I.T.I, Jewargi in the year
2012. Thereafter, he has passed three years B.A.
Degree in the year 2020 from Gulbarga University,
Kalaburagi. Thereafter, he has approached
respondent No.2 for admission to three years LL.B
course. The same has been rejected by respondent
No.2 on the ground that the petitioner has not
passed 10+2+3 as contemplated under the law.
Aggrieved by the same, the petitioner has preferred
this writ petition.
2. The contention of the respondents is
that the petitioner ought to have passed Pre-
university after passing 10th standard and
thereafter should have completed his Degree and
then only he would be eligible for admission to
LL.B. But, the petitioner has completed a I.T.I
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course for two years and hence he is not being
considered for admission to LL.B.
3. Rule 2(vi) of the Rules of Legal
Education framed by the Bar Council of India
(hereinafter referred to as 'the Rules') defines
'Bachelor degree in law' as under:
"2(vi) "Bachelor degree in law"
means and includes a degree in law
conferred by the University recognized by
the Bar Council of India for the purpose of
the Act and includes a bachelor degree in
law after any bachelor degree in science,
arts, commerce, engineering, medicine, or
any other discipline of a University for a
period of study not less than three years or
an integrated bachelor degree combining
the course of a first bachelor degree in any
subject and also the law running together
in concert and compression for not less
than a period of five years after 10+2 or
11+1 courses as the case may be."
4. Rule 2(viii) of the Rules defines 'First
Degree' as under:
"2(viii) "First Degree" means Bachelor
Degree in any branch of knowledge such as
Arts, Fine Arts, Science, Commerce,
Management, Medicine, Engineering, Pharmacy,
Technology etc. conferred by Universities or
any other qualifications awarded by an
institution/authority recognized by the Bar
Council of India, from time to time."
5. Rule 5 deals with eligibility for
admission for a Law Degree Course and it reads as
under:
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"5. 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
recognized as a Deemed to be University
or foreign University recognized as
equivalent to the status of an Indian
University by an authority competent to
declare equivalence, may apply for a
three years' degree program 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 recognized by the
Bar Council of India for the purpose of
enrolment.
(b) Integrated Degree
Program: 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
recognized University of India or outside
or from a Senior Secondary Board or
equivalent, constituted or recognized by
the Union or by a State Government or
from any equivalent institution from a
foreign country recognized 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
recognized 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
NC: 2024:KHC-K:8703
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."
6. Based on the Rules, the first
respondent-University has framed the Regulations
governing three year LL.B. Degree Course in Law
(hereinafter referred to as 'the Regulations').
Regulation 7 reads as under:
"07 ELIGIBILITY CRITERIA
FOR ADMISSION
(a) 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 three
year degree course in law leading to the
conferment of LL.B degree on successful
completion of the regular programme
conducted under these Regulations.
(b) Minimum percentage of marks in
qualifying examination shall not be below
45% (44.5% and above shall be treated
as 45%) of total marks in case of general
category applicants and 40% of total
marks in case of SC and ST applicants.
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Explanation: Aggregate of marks
in the qualifying examinations means
aggregate of marks in the final year
of the qualifying examination or
aggregate of all the years in the
qualifying examination.
(c) Maximum age for seeking
admission is limited to thirty years in
case of general category of applicants
and to thirty five years in the case of
applicants from SC, ST and other
backward communities as on 1st
June."
7. Based on the said Regulations, the first
respondent has issued an admission notification for
the academic year 2020-21 in respect of three year
LL.B. Degree programme, which is produced along
with the writ petition as Annexure-F. In the said
notification, the eligibility for admission to a three
year LL.B course is as given below:
"A) 3 year LL.B. course :
(a) 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
recognized as a Deemed to be
University or Foreign University
recognized as equivalent to the
status of an Indian University by an
authority competent to declare
equivalence, may apply for Three
year degree course in law leading
to the conferment of LL.B. degree on
successful completion of the regular
programme conducted under the
KSLU Regulations.
NC: 2024:KHC-K:8703
(b) Minimum percentage of
marks in qualifying examination
shall not be below 45% (44.5% and
above shall be treated as 45%) of
total marks in case of General
category applicants, 42% 41.5% and
above shall be treated as 42%) for
OBC category and 40% (39.5% and
above shall be treated as 40%) of
total marks in case of SC and ST
applicants.
(c) Maximum age * for seeking
admission is limited to 30 yrs (thirty
years) in case of General category of
applicants and to 35 yrs (thirty five
years) in the case of applicants from
SC, ST and Other Backward
Communities as on 13th October
2020.
Explanation:-
(i) An applicant who has passed the
3 years U.G. degree from Open or
Deemed University recognized by &
established under the UGC Act, after
prosecuting the studies in the
pattern of 10+2 at Secondary/Higher
Secondary Schooling is eligible for
admission.
(ii) The applicant who has passed
the qualifying examination
U.G.degree in a single sitting
examination is not eligible for
admission to 3 yr LL.B Law Course of
KSLU, Hubballi.
* A writ petition (civil) No.1023/2016
pending before the Supreme Court of India
regarding the maximum age limit
prescribed for admission. The admission of
the students who have crossed the age
limit is subject to the outcome of the said
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writ petition. In this regard, college has to
obtain an undertaking from the students
who have crossed the age limit in the
proforma enclosed.
Explanation:
Provided that the 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 to 5 year & 3 year LL.B., course.
Provided further that the applicants who
have obtained 10+2 or graduation or post-
graduation through open Universities system
directly without having any basic qualification
for prosecuting such studies are not eligible for
admission to the Law course."
8. By bare reading of the Rules of
Bar Council of India and the Regulations of
the first respondent-University, it has to be
held that a candidate to be eligible for
admission to a three year Law Degree Course
should have passed a three years degree
program from a recognized University and
that he should not have obtained 10+2 or
graduation through an open University
system. Neither the Rules nor the
Regulations excludes I.T.I course in lieu of
PUC or 11th and 12th standards when a
NC: 2024:KHC-K:8703
student wants to get admitted to a three year
Law Degree Course. When that being the
situation, the first respondent-University in
its notification for admission to three year
Law Degree Course for the academic year
2020-21 cannot insist upon that the students
should have only studied in Pre-university or
12th standard. It should consider I.T.I course
for two years as equivalent to
Pre-University or 12th standard. Further, the
notification also does not expressly state that
I.T.I is not equivalent to +2. For the
said reasons, it has to be held that the
second respondent has committed an error in
not admitting the petitioner to the course of
three year LL.B Degree progamme only on
the ground that he has not completed +2,
but has studied I.T.I before obtaining a valid
three year degree from a recognized
University.
9. For the aforementioned reasons,
the writ petition deserves to be allowed.
Hence, the following:
ORDER
The writ petition is allowed.
Respondent Nos.1 and 2 are directed
to admit the petitioner to the three year LL.B
Degree programme for the academic year
NC: 2024:KHC-K:8703
2021-22, if he is otherwise found eligible by
accepting I.T.I course as equivalent to +2
qualification as contemplated in the Rules of
Bar Council of India and the Regulations of
respondent No.1-University."
4. In view of the aforesaid judgments of this
Court, I am of the considered opinion that the present
petition also deserves to be allowed in terms of the
aforesaid orders. In the result, I pass the following:
ORDER
i) The writ petition is allowed and disposed of
in terms of the aforesaid orders.
ii) Respondent No.1 - University is directed to
issue Eligibility Certificate in favor of the
petitioner declaring him to be eligible for
L.L.B. Course, within a period of 01 [one]
month from the date of receipt of a copy of
this order.
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iii) The respondent No.2 - College is directed
to admit the petitioner to III year L.L.B.
Course on the basis of the Eligibility
Certificate to be issued by respondent No.1,
within a period of two weeks from the date
of submission of Eligibility Certificate by the
petitioner.
Sd/-
(S.R.KRISHNA KUMAR)
JUDGE
SBS
