Karnataka High Court

Sri Naveenkumar K V vs The Karnataka State Law University on 1 October, 2024

Author: S.R.Krishna Kumar

Bench: S.R.Krishna Kumar

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                                                       WP No. 26757 of 2024




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                           DATED THIS THE 1ST DAY OF OCTOBER, 2024

                                            BEFORE
                          THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
                          WRIT PETITION NO.26757 OF 2024 (EDN-RES)
                   BETWEEN:

                   SRI. NAVEENKUMAR K.V.,
                   S/O VENKATARAJU,
                   AGED ABOUT 27 YEARS,
                   R/AT KODIGEHALLI VILLAGE,
                   BYATHA POST,
                   URDIGERE HOBLI,
                   TUMKUR TALUK AND DIST
                                                                ...PETITIONER
                   (BY SRI. THYAGARAJA S., ADVOCATE)

                   AND:

                   1.    THE KARNATAKA STATE LAW UNIVERSITY
                         THROUGH ITS REGISTRAR
Digitally signed
by LEELAVATHI            NAVANAGAR, HUBBALLI-580 025,
SR                       DHARWAD DISTRICT.
Location: HIGH
COURT OF
KARNATAKA          2.    THE BAR COUNCIL OF INDIA,
                         REPRESENTED BY ITS SECRETARY,
                         NO.21, ROUSE AVENUE INSTITUTION AREA
                         NEAR BAL BHAWAN, NEW DELHI-110 002

                   3.    THE KARNATAKA STATE BAR COUNCIL,
                         REPRESENTED BY ITS SECRETARY,
                         OLD ELECTION COMMISSION BUILDING,
                         DR. AMBEDKAR VEEDI,
                         BENGALURU-560 001
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                                          WP No. 26757 of 2024




4.   THE DEPARTMENT OF EMPLOYMENT AND TRAINING
     KAUSHALYA BHAVAN, DAIRY CIRCLE,
     BANNERGHATTA ROAD,
     BENGALURU-560 029
     BY ITS SECRETARY
                                       ...RESPONDENTS
(BY SMT. SARITHA KULKARNI, ADVOCATE FOR R1;
    SRI. SRIDHAR PRABHU, ADVOCATE FOR R2 AND R3;
    SMT. PRATHIBHA R.K., AGA FOR R4)

      THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
IMPUGNED ENDORSEMENT BEARING APPLICATION REF. NO.
LW002S240001257 DATED 21-09-2024 ISSUED BY THE R1
VIDE ANNEXURE-R AND CONSEQUENTLY, DIRECT THE R1 TO
ISSUE ELIGIBILITY CERTIFICATE IN FAVOR OF PETITIONER BY
CONSIDERING HIS QUALIFICATION FOR ADMISSION TO THREE
YEAR LAW DEGREE COURSE IN ANY OF THE RECOGNIZED
COLLEGES OF THE R1 AND ETC.

      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

In this petition, petitioner seeks the following

relief:

i) Issue a Writ in the nature of certiorari to quash the impugned endorsement bearing Application ref

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No.LW002S240001257 dated 21.09.2024 issued by the 1st respondent vide Annexure-R and consequently, direct the respondent No.1 to issue eligibility certificate in favour of petitioner by considering his qualification for admission to Three Year Law Degree Course in any of the Recognized colleges of the 1st respondent, in the interest of justice and equity.

ii) Grant such other reliefs as may be deems to be fit to the facts and circumstances of the case, in the interest of justice and equity."

2. Heard the learned Counsel for the petitioner

and learned Counsel for respondent No.1 and perused

the material on record.

3. A perusal of the material on record would

indicate that issue in controversy involved in the

present petition is directly and squarely covered by

the judgments of this Court in the cases of

Mr.Abubakar Vs.Karnataka State Law University and

others- W.P.No.200642/2021 dated 08.12.2021 and

Sri N.Dinesh Vs. The Karnataka State Law University

-W.P.No.15723 of 2023 dated 22.08.2023.

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4. In Abubakar's case (supra), this Court has

held as under:

"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 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

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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:

"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

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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 after prosecuting studies in distance or correspondence method shall also be considered as eligible for admission in the integrated Five Years course or three

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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. Explanation: Aggregate of marks in the qualifying examinations means aggregate of marks in the final year of the qualifying

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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.

(b) Minimum percentage of marks inqualifying examination shall not be below 45% (44.5% and above shall be treated as 45%) of total marks in case of General category

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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 writ petition. In this regard, college has to

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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 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

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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 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"

5. So also, in N.Dinesh's case (supra), it is held

as under:

"Learned counsel for the petitioner submitted an application to the respondent-University to issue eligibility certificate for admission to *5 Years LLB course. The said application was rejected by the University stating that 2 years ITI course is not equivalent to 10+2 vide endorsement dated 05.05.2023. Taking exception to the same, this writ petition is filed.

2. Heard the learned counsel for the petitioner and learned counsel for respondent- University.

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3. The issue whether the petitioner himself studied 10+2 was examined by the Co-ordinate bench of this Court in W.P No.200642/2021 disposed of on 08.12.2021 wherein at para 8 it held as under:

"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 ITI 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, 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 ITI course for two years as equivalent to Pre-University or 12th standard. Further, the notification also does not expressly state that ITI is not equivalent +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 ITI before obtaining a 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 a valid 3 year degree from the recognized university was eligible for

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admission for 3 year LLB course. This writ petition is required to be disposed of in the light of the order dated 08.12.2021 passed in W.P No.200642/2021.

5. Accordingly, I pass the following:

ORDER

1. The writ petition is allowed.

2. The impugned endorsement Annexure-A dated 05.05.2023 is hereby quashed.

3. The respondent-University is directed to issue eligibility certificate in favour of the petitioner certifying that the petitioner is eligible for admission to *5 years LLB course for the academic year 2023-24. The said exercise shall be completed forthwith.

In view of disposal of the writ petition, pending IA, if any, does not survive for consideration and accordingly disposed of."

6. In view the aforesaid judgments of this

Court, the present petition deserves to be allowed.

7. Accordingly, I pass the following: