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Karnataka High Court

Pranesh S/O Nagayya Tandurkar vs The Karnataka And Anr on 14
December, 2021
Bench: M.I.Arun

IN THE HIGH COURT OF KARNATAKA

KALABURAGI BENCH

DATED THIS THE 14TH DAY OF DECEMBER, 2021

BEFORE

THE HON'BLE MR. JUSTICE M.I.ARUN

WRIT PETITION NO.202326/2018 (EDN-AD)

Between:

Pranesh S/o Nagayya Tandurkar,

Aged about 31 years,
R/at Kalaburagi,
District Kalaburagi.

... Petitioner
(By Sri J. Augustin, Advocate)

And:

1. The Karnataka State Law University,

Navanagara, Hubli - 580 025,
Through its Registrar.

2. Sidhartha Law College,

District Court Road,
Kalaburagi - 585 102,
Through its Principal.
... Respondents

(By Sri Subhash Mallapur, Advocate for R1)

 This Writ Petition is filed under Articles 226 and 227
of the Constitution of India praying to issue a writ of
certiorari in nature by quashing the impugned
st
communication issued by the 1 respondent letter dated
2

16.11.2017 No.KSLU/REG/ACAD-II/ADMSN APPR/2017-

18/1464(A) vide Annexure-F and be further pleased to
quash the communication dated 23.03.2018 vide
No.KSLU/Exam/2017-18/352 vide Annexure-G and issue
any order or direction in the nature of mandamus to 1 st
respondent University to consider him as an eligible
candidate for the 03 year LL.B Degree Course.

This petition coming on for hearing on Interlocutory

Application this day, the Court made the following:

ORDER

The petitioner passed regular SSLC course conducted by the Karnataka Secondary
Education Examination Board. Thereafter, he studied Degree Bridge Course
(equivalent to 12) from the Karnataka State Open University. Subsequently, he
obtained Bachelor of Science Degree (B.Sc.) from Gulbarga University. Later he got
admitted to second respondent-Law College which is affiliated to first respondent-
University for three year Legum Baccalaureus (LLB) Course. The first respondent-
University has not approved the admission of the petitioner to three year LLB course
on the ground that the Degree Bridge Course passed by him is not an equivalent to +2
as contemplated under the Rules of Legal Education, 2008 by the Bar Council of India.

2. The learned counsel for first respondent submits that the regulation of first
respondent-University in respect of eligibility criteria is similar to what is prescribed
in the Rules of Legal Education, 2008 by the Bar Council of India. He submits that, it
does not recognize Degree Bridge Course equivalent to 12 by Karnataka State Open
University as equivalent to +2 and a person wanting to join a three year LLB Course
should have pass 10+2 along with a three year degree course.

3. 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 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 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."

4. A plain reading of the aforementioned Rules shows that an applicant who has
graduated in any discipline from the University established by an Act of Parliament or
by a State legislature may apply for three year decree program in law. It does not state
anything about 10th standard or +2. The same is taken into consideration for
integrated Degree program which is a five year course.

5. For the aforementioned reasons, the writ petition requires to be allowed and hence,
the following :

ORDER The writ petition is allowed.

The order dated 16.11.2017 bearing No.KSLU/Reg/Acad-II/Admsn Appr/2017-

18/1464(A) vide Annexure-F to the writ petition passed by respondent No.1-
Unversity insofar as it relates to petitioner is concerned is hereby set-aside.

The letter dated 23.03.2018 bearing No.KSLU Exam/2017-18/1352 written by first

respondent-University to the second respondent-Law College vide Annexure-G to the
writ petition insofar as it relates to petitioner is concerned is hereby set-aside The first
respondent-University is directed to approve the admission of the petitioner to the
three year LLB course.

No order as to costs.

In light of disposal of the writ petition, I.A.No.1/2019 for release of marks cards of the
petitioner does not survive for consideration. Accordingly, it is dismissed.

SD/-

JUDGE sn