Telangana High Court

Srinivas vs Prl.Secretary Law Dept., And ... on 28 December, 2021

Bench: Satish Chandra Sharma, N.Tukaramji

THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
                         AND
        THE HON'BLE SRI JUSTICE N. TUKARAMJI

WRIT APPEAL No.597 OF 2020, WRIT PETITION Nos.37566 AND
   42680 OF 2016 AND WRIT PETITION No.28822 OF 2021

COMMON JUDGMENT:      (Per the Hon'ble the Chief Justice Satish Chandra Sharma)




1.   Regard being had to the similitude in the controversy

involved in the present cases, the writ appeal and writ

petitions were analogously heard and by this Common

Judgment, they are being disposed of by this Court.


2.   The writ appeal No.597 of 2020 is arising out of an

order dated 22.01.2020 passed in W.P.No.23603 of 2019

by the learned Single Judge.


3.   The facts of W.P.No.23603 of 2019 reveals that the

appellant before this Court passed his 10th Standard

Examinations in 1983 through regular school study and

passed his Intermediate Examinations (Senior Secondary

School) in 1986 again through regular college study. The

petitioner has obtained BA (external) from the Osmania

University   in   1999.   The      Osmania          University         issued

Notification - TS LAWCET - 2019, for the purpose of

admission into Law Degree course and the petitioner

applied for the same, he was given hall-ticket and the

Common Entrance Test (CET) took place on 20.05.2019.

The petitioner was called for verification of certificates on
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10.10.2019. However, he was not allotted a seat and in

those circumstances, he came up before this Court by

filing a writ petition for issuance of a writ of mandamus

directing the respondents therein to allot a seat in 3 year

LLB course. Interim orders were passed in the matter

initially and the petitioner/appellant has undergone the

entire course.

4. The Bar Council of India/respondent No.4 has filed

an exhaustive counter affidavit stating that the admissions

into law courses are governed by the Rules framed by the

Bar Council of India known as 'Rules of Legal Education,

2008 and Rule 5 of the aforesaid Rules, as amended from

time to time, provides that a candidate seeking admission

into LLB course must possess a bachelor's degree (regular

course). Clause (vi) of Rule 2 of the Rules of Legal

Education defines 'Bachelor degree in law' and clause (viii)

of Rule 2 of the aforesaid Rules defines 'First Degree'. It

has been further stated that BA (external) degree obtained

from Osmania University is not a regular three-year course

as no classes are conducted and it can, by no stretch of

imagination, be treated as a regular degree as claimed by

the petitioner and therefore, the question of granting

admission to the petitioner into LLB course does not arise.

It has been further stated, by placing reliance upon the

Rules governing the field, that a candidate seeking

admission to LLB course is certainly required to possess

graduate degree as a regular student and as the petitioner

in the present writ petition does not possess the graduate

degree, he is not entitled for admission into LLB course.

5. The respondent No.4/Bar Council of India has placed

reliance on the Judgments delivered in the cases of

Vinothan Krishnan Raman v. University of Mumbai1, Kalyani

Mathivanan v. K.V.Jeyaraj2, K.Sakthi Rani v. the Secretary of

the Bar Council of Tamil Nadu3, R.Thirunavukkarasan v. State of

Tamil Nadu4, Annamalai University v. Secretary to Government5

and G.S.Jagadeesh v. Chairman, Tamilnadu Dr. Ambedkar Law

University, Chennai6.

6. Heard the learned counsel for the parties and perused

the record.

7. The basic issue involved in the present case is

whether a candidate who has completed a graduate degree

through correspondence/as an external candidate is

entitled for admission into three-year LLB course or not?

8. The Advocates Act, 1961 was enacted to implement

the recommendations of the All India Bar Committee made

2012 SCC OnLine Bom 1080

(2015) 6 SCC 363

2012 (2) LW 746 (Mad)

2012 (5) CTC 129 (Mad)

(2009) 4 SCC 590

AIR 2018 Mad 243: 2018 SCC Online Mad 13553

in 1953, after taking into account the recommendations of

the Law Commission on the subject of Reform of Judicial

Administration in respect of recommendations relating to

Bar and to legal education. The aim and object of enacting

the Advocates Act is to establish an All India Bar Council

and a common roll of advocates, to integrate the bar into a

single class of legal practitioners known as advocates, to

prescribe a uniform qualification for the admission of

persons to be advocates, to divide advocates into senior

advocates and other advocates based on merit and to

create an autonomous Bar Councils, one for the whole of

India and one for each State and it came into force on

19.05.1961. Sections 4 and 7 of the Advocates Act are

reproduced as under:-

"4. Bar Council of India:- (1) There shall be a Bar Council for the territories to which this Act extends to be known as the Bar council of India which shall consist of the following members, namely:-

(a) The Attorney-General of India, ex officio;

(b) The Solicitor-General of India, ex officio;

(c) one member elected by each State Bar Council from amongst its members.

(1A) No person shall be eligible for being elected as a member of the Bar Council of India unless he possesses the qualifications specified in the proviso to sub-section (2) of section 3.

(2) There shall be a Chairman and a Vice-Chairman of the Bar Council of India elected by the Council in such manner as may be prescribed.

(2A) A person holding office as Chairman or as Vice- Chairman of the Bar Council of India immediately before the commencement of the Advocates (Amendment) Act, 1977 (38 of 1977), shall, on such commencement, cease to hold office as Chairman or Vice-Chairman, as the case may be:

Provided that such person shall continue to carry on the duties of his office until the Chairman or the Vice-Chairman, as the case may be, of the Council, elected after the commencement of the Advocates (Amendments) Act, 1977 (38 of 1977), assumes charge of office.

(3) The term of office of a member of the Bar Council of India elected by the State Bar Council shall-

(i) in the case of a member of a State Bar Council who holds office ex officio, be two years from the date of his election or till he ceases to be a member of the State Bar Council, whichever is earlier; and

(ii) in any other case, be for the period for which he holds office as a member of the State Bar Council:

Provided that every such member shall continue to hold office as a member of the Bar Council of India until his successor is elected.

7. Functions of Bar Council of India:- (1) The functions of the Bar Council of India shall be-

(b) to lay down standards of professional conduct and etiquette for advocates;

(c) to lay down the procedure to be followed by its disciplinary committee and the disciplinary committee of each State Bar Council;

(d) to safeguard the rights, privileges and interests of advocates;

(e) to promote and support law reform;

(f) to deal with and dispose of any matter arising under this Act, which may be referred to it by a State Bar Council;

(g) to exercise general supervision and control over State Bar Councils;

(h) to promote legal education and to lay down standards of such education in consultation with the Universities in India imparting such education and the State Bar Councils;

(i) to recognise Universities whose degree in law shall be a qualification for enrolment as an advocate and for that purpose to visit and inspect Universities for cause the State Bar Councils to visit and inspect Universities in accordance with such directions as it may give in this behalf;

(ia) to conduct seminars and organize talks on legal topics by eminent jurists and publish journals and papers of legal interest;

(ib) to organise legal aid to the poor in the prescribed manner;

(ic) to recognise on a reciprocal basis foreign qualifications in law obtained outside India for the purpose of admission as an advocate under this Act;

(j) to manage and invest the funds of the Bar Council;

(k) to provide for the election of its members;

(l) to perform all other functions conferred on it by or under this Act.

(m) to do all other things necessary for discharging the aforesaid functions;

(2) The Bar Council of India may constitute one or more funds in the prescribed manner for the purpose of -

(a) giving financial assistance to organise welfare schemes for indegent, disabled or other advocates;

(b) giving legal aid or advice in accordance with the rules made in this behalf;

(3) The Bar Council of India may receive any grants, donations, gifts or benefactions for all or any of the purposes specified in sub-section (2) which shall

credited to the appropriate fund or funds constituted under that sub-section."

9. Section 4 of the Advocates Act provides for

constitution of the Bar Council of India and Section 7 of

the Advocates Act deals with the functions of the Bar

Council of India. The functions of Bar Council of India

includes laying down the standards of professional conduct

and etiquette for advocates, to promote legal education and

to lay down standards of such education in consultation

with the Universities in India imparting such education

and the State Bar Councils. It also provides for grant of

recognition to the Universities whose degree in law shall be

a qualification for enrolment as an advocate. Besides the

said functions, the Bar Council of India, in exercise of

powers conferred under the Advocates Act, 1961, is

empowered to frame Rules of Legal Education in

consultation with Universities and State Bar Councils.

Rules 5, 6 and 7 of the Rules of Legal Education, 2008, are

reproduced 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 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 programme in law leading to conferment of LLB 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 Programme: 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 LLB 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. Prohibition to register for two regular courses of study

No student shall be allowed to simultaneously register for a law degree program with any other graduate or postgraduate or certificate course run by the same or any other University or an Institute for academic or professional learning excepting in the integrated degree program of the same institution.

Provided that any short period part time certificate course on language, computer science or computer application of an Institute or any course run by a Centre for Distance Learning of a University however, shall be excepted.

7. Minimum marks in qualifying examination for admission Bar Council of India may from time to time, stipulate the minimum percentage of marks not below 45% of the total marks in case of general category applicants and 40% of the total marks in case of SC and ST applicants, to be obtained for the qualifying examination, such as +2 Examination in case of Integrated Five Years' course or Degree course in any discipline for Three Years' LL.B. course, for the purpose of applying for and getting admitted into a Law Degree Program of any recognized University in either of the streams.

Provided that such a minimum qualifying marks shall not automatically entitle a person to get admission into an institution but only shall entitle the person concerned to fulfil other institutional criteria notified by the institution concerned or by the government concerned from time to time to apply for admission."

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

recognised 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 recognised 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 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."

13. The Full Bench of the Madras High Court has held

that a candidate seeking admission to LLB course is

certainly required to possess a graduate degree as a

regular candidate and therefore, the learned Single Judge

after considering all the judgments on the subject was

justified in holding that the petitioner does not fulfil the

requisite qualification prescribed under the Rules framed

by the Bar Council of India and has dismissed the writ

petition.

14. Keeping in view of the Rules of Legal Education, this

Court is of the considered opinion that the petitioner has

not fulfilled the eligibility criteria for admission into LLB