IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF DECEMBER 2017 PRESENT THE HON’BLE MR.H.G.RAMESH ACTING CHIEF JUSTICE AND THE HON’BLE MR. JUSTICE P.S.DINESH KUMAR WRIT APPEALS NO. 5142/2016 & 921-923/2017 C/W WRIT APPEALS NO.5143/2016 & 1060-1062/2017, WRIT APPEALS NO.4303-4305/2017 & 4318-4320/2017, WRIT APPEALS NO.790-794/2017 & 795-799/2017, WRIT APPEAL NO.4301/2017, WRIT APPEALS NO.4306/2017 & 4316-4317/2017 AND WRIT APPEALS NO.5168-5169/2016 (EDN-AD) IN WRIT APPEAL NO.5142/2016 & WRIT APPEALS NO.921-923/2017:
BETWEEN:
HARISH N S/O NAGARAJU K.V AGED ABOUT 22 YEARS NO.337, 12TH CROSS RAJESHWARI NAGAR, LAGGERE BANGALORE-560 058 ...APPELLANT (BY SRI D.R.RAVISHANKAR, ADVOCATE) AND:
1. SHESHADRIPURAM LAW COLLEGE NO.1, GOVINDARAO STREET SHESHADRIPURAM BANGALORE-560 020 REPRESENTED BY ITS PRINCIPAL 2. KARNATAKA STATE LAW UNIVERSITY NAVANAGAR, HUBLI-580 025 REPRESENTED BY ITS REGISTRAR 3. BAR COUNCIL OF INDIA NO.21, ROUSE AVENUE, INSTITUTIONAL AREA, NEAR BALBHAVAN NEW DELHI-110 002 REPT. BY ITS CHAIRMAN/SECRETARY 4. MURALI A S/O ASHWATHAPPA AGED ABOUT 27 YEARS NO.535/1, NEAR LAKSHMI NARAYANA TEMPLE, AMRUTHAHALLI SAHAKARANAGAR POST BANGALORE-560 092 5. USHA S D/O SOBBA RAJAPPA AGED ABOUT 22 YEARS 1ST CROSS, SRI GANAPATHI LAYOUT HORAMAVU, AGARA BANGALORE-560 043 6. CHAITRA SHREE A D/O ANJAN MURTHY AGED ABOUT 23 YEARS NO.183, AMMA NIVAS NEAR YELLAMMA TEMPLE V.NAGENAHALLY, R.T.NAGAR POST BANGALORE-560 032 …RESPONDENTS (BY SRI GANAPATI BHAT VAJRALLI, ADVOCATE FOR R2; MS.GEETHADEVI M.P, ADVOCATE FOR R3;
SRI M.S.MOHAN, ADVOCATE FOR R4; R1, 5 & 6 ARE SERVED) THESE WRIT APPEALS ARE FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER PASSED IN WRIT PETITIONS NO.48023/2015, 48634/2015, 48635/2015 & 48636/2015 DATED 16/12/2016.
IN WRIT APPEAL NO.5143/2016 & WRIT APPEALS NO.1060-1062/2017:
BETWEEN:
MURALI A S/O ASHWATHAPPA R AGED ABOUT 27 YEARS NO.535/1, NEAR LAKSHMI NARAYANA TEMPLE, AMRUTHAHALLI SAHAKARANAGAR POST BANGALORE-560 092 ...APPELLANT (BY SRI D.R.RAVISHANKAR, ADVOCATE) AND:
1. SHESHADRIPURAM LAW COLLEGE NO.1, GOVINDARAO STREET SHESHADRIPURAM BANGALORE-560 020 REPRESENTED BY ITS PRINCIPAL 2. KARNATAKA STATE LAW UNIVERSITY NAVANAGAR, HUBLI-580 025 REPRESENTED BY ITS REGISTRAR 3. BAR COUNCIL OF INDIA NO.21, ROUSE AVENUE INSTITUTIONAL AREA, NEAR BALBHAVAN NEW DELHI-110 002 REPT. BY ITS CHAIRMAN/SECRETARY 4. SRI HARISH N S/O NAGARAJU K.V AGED ABOUT 22 YEARS NO.337, 12TH CROSS RAJESHWARI NAGAR, LAGGERE BANGALORE-560 058 5. USHA S D/O SOBBA RAJAPPA AGED ABOUT 22 YEARS 1ST CROSS, SRI GANAPATHI LAYOUT HORAMAVU, AGARA BANGALORE-560 043 6. CHAITRA SHREE A D/O ANJAN MURTHY AGED ABOUT 23 YEARS NO.183, AMMA NIVAS NEAR YELLAMMA TEMPLE V.NAGENAHALLY, R.T.NAGAR POST BANGALORE-560 032 …RESPONDENTS (BY SRI GANAPATI BHAT VAJRALLI, ADVOCATE FOR R2; MS.GEETHADEVI M.P, ADVOCATE FOR R3;
R1, 4 & 5 ARE SERVED;
VIDE ORDER DATED 19.4.2017 SERVICE OF NOTICE TO R6 IS COMPLETED) THESE WRIT APPEALS ARE FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER PASSED IN WRIT PETITIONS NO.48023/2015, 48634/2015, 48635/2015 & 48636/2015 DATED 16/12/2016.
IN WRIT APPEALS NO.4303-4305/2017 & WRIT APPEALS NO.4318-4320/2017 :
BETWEEN:
1. MR.RAGHAVENDRA S S/O SRINIVAS GOWDA AGED ABOUT 22 YEARS R/O MALLANDUR VILLAGE AGUMBE POST SHIVAMOGGA DISTRICT PIN CODE-550 201 2. MR.AKSHATH KUMAR S/O PRABHAKAR ACHARYA AGED ABOUT 22 YEARS R/O SHREE YAKSHA, MADIKETTU HOUSE MOODUBELE, UDUPI TALUK UDUPI DISTRICT-572 101 3. MR.SHABHA S/O SRI ISMAIL SAHEB AGED ABOUT 28 YEARS RESIDING AT JANATHA HOUSE AIRODY VILLAGE, MABUKALA POST UDUPI TALUK UDUPI DISTRICT-572 101 ...APPELLANTS (BY SRI K.PRASANNA SHETTY, ADVOCATE) AND:
1. KARNATAKA STATE LAW UNIVERSITY NAVANAGAR, HUBBALLI-580 025 THROUGH ITS REGISTRAR 2. BAR COUNCIL OF INDIA REPRESENTED BY SECRETARY NO.21, ROUSE AVENUE INSTITUTIONAL AREA NEAR BAL BHAVAN NEW DELHI-110 002 REP. BY ITS CHAIRMAN/SECRETARY 3. MR.SHANKAR NAIK S/O RAMAKRISHNA NAIK AGED ABOUT 32 YEARS R/O BEKUR, KATAGAR KOPPS POST BHATKALA TALUK U.K.DISTRICT 4. MR.AMALAPPA S/O KUMARAPPA DORI AGED 25 YEARS R/AT SHORAPURA, POST MALLABI YADGIR DIST-550 201 5. VAIKUNTA BALIGA COLLEGE OF LAW KUNJIBETTU, UDUPI-576 102 REP. BY ITS PRINCIPAL PROF.PRAKASH KANIVE …RESPONDENTS (BY SRI GANAPATHY BHAT VAJRALLI, ADVOCATE FOR R1; MS.GEETHADEVI M. PAPANNA, ADVOCATE FOR R2; R3, 4 & 5-SERVED) THESE WRIT APPEALS ARE FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO ALLOW THE WRIT APPEAL BY SETTING ASIDE THE ORDER DATED 16/12/2016 PASSED IN WRIT PETITIONS NO.49126-49130 & 49131/2015 [EDN-AD] OTHER CONNECTED MATTERS & TO ALLOW THE WRIT PETITIONS.
IN WRIT APPEALS NO.790-794/2017 & WRIT APPEALS NO.795-799/2017:
BETWEEN:
1. SRI TARUNESH S/O SRI KRISHNAMURTHY T AGED ABOUT 19 YEARS RESIDENT OF 3-195, 3RD BLOCK KATIPALLA, SURATHKAL-575 030 2. SRI VISHNU DALMIA S/O SRI GANESH BABU P.K AGED ABOUT 23 YEARS RESIDENT OF ABHAYAMATHI HOUSE THATHAMPALLY P.O.
ALPUPUZHA DISTRICT KERALA-688 013 3. KUMARI KAVYA P D/O SRI VISHWANATHA POOJARY AGED ABOUT 18 YEARS RESIDENT OF POLALI PADU HOUSE KARIYANGALA VILLAGE, BANTWAL TALUK POLALI POST, MANGALURU - 574 219 4. SRI GAUTHAM KISHAN H S/O SRI GIRIDHAR H AGED ABOUT 19 YEARS RESIDENT OF ASHRAYA SOWHARDA ENCLAVE KAVOOR KULUR ROAD MANGALURU-575 015 5. MR.MOHAMMAD ANWAR S/O MR.UMAR SHAFI K.P AGED ABOUT 19 YEARS RESIDENT OF KUPPETTI HOUSE KALLERI POST, BELTHANGADY TALUK & DISTRICT, BELTHANGADY 6. SRI ANANTHA PADMANABHA S/O SRI KRISHNA RAO K.S AGED ABOUT 20 YEARS RESIDENT OF NO.165 B, 4TH BLOCK KATIPALLA, KRISHNAPURA SURATHKAL-575 030 7. KUMARI SAHANA SHENOY K D/O SRI SHRIDHAR SHENOY K AGED ABOUT 19 YEARS RESIDENT OF SHANTHA VIJAYA OPP. THARANATH STORES BEJAI KAPIKAD, MANGALURU-575 004 8. MS.MARIAM FARISA ABDULLA D/O MR.MOHAMMED ABDULLA KUNHI AGED ABOUT 19 YEARS RESIDENT OF SAFATH MANZIL MOGRAL PUTHUR KASARAGOD DISTRICT KERALA-671 124 ...APPELLANTS (BY SRI H.GIRIDHAR, ADVOCATE) AND:
1. KARNATAKA STATE LAW UNIVERSITY NAVANAGAR, HUBBALLI THROUGH ITS REGISTRAR 2. BAR COUNCIL OF INDIA REPRESENTED BY SECRETARY NO.21, ROUSE AVENUE INSTITUTIONAL AREA NEW DELHI-110 002 3. MISS FATHIMATH SABIRA D/O MR.ABOOBAKKER N.B AGED ABOUT 19 YEARS RESIDENT OF BAITHUL FATHIMA SITE NO.25, ANGARAGUNDI BAIKAMPADY, MANGALURU-574 219 4. SHRI DHARMASTHALA MANJUNATHESWARA LAW COLLEGE & CENTRE FOR POST GRADUATE STUDIES AND RESEARCH IN LAW M.G.ROAD MANGALURU - 575 003 REPRESENTED BY ITS PRINCIPAL DR.THARANATH S/O ANANDA SHETTY AGED ABOUT 46 YEARS SDM LAW COLLEGE MANGALURU …RESPONDENTS (BY SRI GANAPATHY BHAT VAJRALLI, ADVOCATE FOR R1; MS.GEETHADEVI M. PAPANNA, ADVOCATE FOR R2; SRI ANISH ACHARYA, ADVOCATE FOR R4;
R3-SERVED, VIDE ORDER DT.28.03.2017) THESE WRIT APPEALS ARE FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER DATED 5/1/17 MADE IN W.P.NOS.48664-673/2015 [GM-EDN] DISPOSING OF THE SAME BY APPLYING ANALOGY OF PRAYER MADE IS SIMILAR TO THE ONE RAISED IN W.P.NO.36654/2015 & OTHER CONNECTED MATTERS, WHICH PETITIONS WERE CAME TO BE REJECTED BY ORDER DATED 16/12/2016 BY THE HON'BLE SINGLE JUDGE & TO ALLOW THAT WRIT PETITIONS & TO GRANT SUCH ORDER OR RELIEF TO WHICH THE APPELLANTS MAY BE FOUND ENTITLED TO UNDER THE CIRCUMSTANCES OF THE CASE.
IN WRIT APPEAL NO.4301/2017:
BETWEEN:
SRI RAVI.S S/O SRINIVASA.B AGED ABOUT 23 YEARS NO.63, 3RD CROSS, LALBAGH ROAD BENGALURU-560 027 ...APPELLANT (BY SMT VIJAYALAKSHMI R, ADVOCATE) AND:
1. KARNATAKA STATE LAW UNIVERSITY NAVANAGAR, HUBLI-580 025 REPRESENTED BY ITS REGISTRAR 2. THE VISVESWARAPURA COLLEGE OF LAW R.R.ROAD, V.V.PURAM BENGALURU-560 004 REPRESENTED BY ITS PRINCIPAL …RESPONDENTS (BY SRI GANAPATHY BHAT VAJRALLI, ADVOCATE FOR M/S KUMAR & BHAT FOR R1;
R2-SERVED) THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER DATED 16/12/2016 PASSED IN WRIT PETITION NO.50353/2015.
IN WRIT APPEAL NO.4306/2017 & WRIT APPEALS NO.4316-4317/2017:
BETWEEN:
MS.SHAILIKA D/O RAMESH SUVARNA AGED ABOUT 19 YEARS R/O PARPALE, NEAR K.E.B. OFFICE KARKALA, UDUPI DISTRICT-572 101 ...APPELLANT (BY SRI K PRASANNA SHETTY, ADVOCATE) AND:
1. KARNATAKA STATE LAW UNIVERSITY NAVANAGAR, HUBBALLI-580 025 THROUGH ITS REGISTRAR 2. BAR COUNCIL OF INDIA REPRESENTED BY SECRETARY NO.21, ROUSE AVENUE INSTITUTIONAL AREA NEAR BAL BHAVAN NEW DELHI-110 002 REP. BY ITS CHAIRMAN/SECRETARY 3. MR.LANCE CHRISTOPHER D’SILVA S/O DONALD D’SILVA AGED ABOUT 23 YEARS R/AT DOOR NO.4/275/A, "MORNING STAR", OPP: INDUSTRIAL AREA ALEVOOR, MANIPAL, UDUPI DIST. PIN CODE-572 101 4. VAIKUNTA BALIGA COLLEGE OF LAW KUNJIBETTU, UDUPI-576 102 REP. BY ITS PRINCIPAL PROF. PRAKASH …RESPONDENTS (BY SRI GANAPATHY BHAT VAJRALLI, ADVOCATE FOR M/S KUMAR & BHAT FOR R1;
MS.GEETHADEVI M. PAPANNA, ADVOCATE FOR R2; R3-SERVICE OF NOTICE IS DISPENSED WITH VIDE COURT ORDER DATED 24.11.2017;
R4-SERVED) THESE WRIT APPEALS ARE FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER PASSED IN WRIT PETITION NOS.49157/2015 & 49158-49159/2015 DATED 16/12/2016.
IN WRIT APPEALS NO.5168-5169/2016: BETWEEN:
1. MISS BHUVANESWARI S D/O SRI SHENBAGA KUMAR G AGED ABOUT 18 YEARS I YEAR BBA, LL.B, SECTION-‘A’ K.L.E. SOCIETY’S LAW COLLEGE POST BOX NO.1059, 2ND BLOCK RAJAJINAGAR, BANGALORE-560 010 R/AT JAIN HOSTEL, ROOM NO.34 C-1747, 1ST ‘C’ MAIN ROAD ‘D’ COMPLEX, II STAGE, RAJAJINAGAR BANGALORE-560 034 2. SRI RATNESH KUMAR GAUTAM S/O SRI JAGDISH KUMAR AGED ABOUT 18 YEARS I YEAR BBA., LL.B., SECTION-A K.L.E. SOCIETY’S LAW COLLEGE POST BOX NO.1059, 2ND BLOCK RAJAJINAGAR, BANGALORE-560 010 R/AT NO.228/3, 27TH CROSS 2ND BLOCK, RAJAJINAGAR BANGALORE-560 010 ...APPELLANTS (BY SRI M.P.SRIKANTH, ADVOCATE) AND:
1. BAR COUNCIL OF INDIA REPTD. BY ITS CHAIRMAN/SECRETARY NO.21, ROUSE AVENUE INSTITUTIONAL AREA NEW DELHI-110 002 2. KARNATAKA STATE BAR COUNCIL REPTD. BY ITS SECRETARY K.G.I.D. BUILDING, VIDHANA VEEDHI BANGALORE-560 001 3. KARNATAKA STATE LAW UNIVERSITY REPD. BY ITS REGISTRAR NAVANAGAR, HUBLI-20 4. NATIONAL INSTITUTE OF OPEN SCHOOL AUTONOMOUS ORGANISATION UNDER DEPARTMENT OF SCHOOL EDUCATION AND LITERACY, MHRD, GOVERNMENT OF INDIA NEW DELHI-110 001, BY ITS DIRECTOR 5. THE PRINCIPAL K.L.E. SOCIETY’S LAW COLLEGE POST BOX NO.1059, 2ND BLOCK RAJAJINAGAR, BANGALORE-560 010 6. MISS LISHA NEPALI D/O SRI RAMSHARAN NEPALI AGED ABOUT 21 YEARS I YEAR BBA., LL.B., SECTION-‘B’ K.L.E. SOCIETY'S LAW COLLEGE POST BOX NO.1059, 2ND BLOCK RAJAJINAGAR, BANGALORE-560 010 R/AT JAIN HOSTEL, ROOM NO.34 C-1747, 1ST 'C' MAIN RAOD, 'D' COMPLEX II STAGE, RAJAJINAGAR BANGALORE-560 034 …RESPONDENTS (BY MS.GEETHADEVI M. PAPANNA, ADVOCATE FOR R1;
SRI G.NATARAJ, ADVOCATE FOR R2;
SRI GANAPATHY BHAT VAJRALLI, ADVOCATE FOR R3; R4 & R5-SERVED;
VIDER ORDER DTD:08.09.2017, SERVICE OF NOTICE TO R6 IS DISPENSED WITH) THESE WRIT APPEALS ARE FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER PASSED IN WRIT PETITION NOS.47656/2015 & 47658/2015 DATED 16/12/2016.
THESE WRIT APPEALS, HAVING BEEN HEARD AND RESERVED FOR JUDGMENT ON 24.11.2017, COMING ON FOR PRONOUNCEMENT OF JUDGMENT, THIS DAY, P.S.DINESH KUMAR J., PRONOUNCED THE FOLLOWING:-
J U D G M E N T 1. All these writ appeals, involving interpretation of ‘Explanation’ to Rule 5 of the Bar Council of India Rules (‘BCI Rules’ for short), are directed against the common order dated 16.12.2016 in W.P.No.36654/2015 and connected cases; and the common order dated 5.1.2017 in W.Ps.No.48664-667/2015 and connected cases, passed by the Hon’ble Single Judge.
2. We have heard the learned Counsel for the parties.
3. Being satisfied with the cause shown in the affidavits accompanying with the applications, the delay in filing the appeals in W.As.No.4303-4305/2017 & W.As.No.4318- 4320/2017 and W.A.No.4306/2017 & W.As.No.4316-
4317/2017, are condoned.
4. For the sake of convenience, the parties shall be referred to as per their status in the writ petitions.
5. The gravamen of petitioners’ case, urged before us by the learned Counsel for the petitioners, is summarized as follows:-
(i) that the writ petitioners are students pursuing their 3 year or 5 year LL.B., courses;
(ii) the eligibility for admission to Law Degree Course is governed by Rule 5 of the BCI Rules;
(iii) the BCI Rules mandates that an applicant seeking admission in 3 year Law Degree Course shall hold a graduate or post graduate degree in any discipline or equivalent; and an applicant seeking admission for an integrated 5 year degree programme in law should have completed Senior Secondary School Course (‘10+2’) or equivalent;
(iv) some petitioners have obtained the qualifying ‘10+2’ or ‘graduation/post graduation’ as private candidates;
(v) some petitioners have appeared for 10th and 12th Examination as private candidates;
(vi) some applicants have obtained graduation/post graduation degrees by distance or correspondence courses through Open University Scheme;
(vii) the Karnataka State Law University (‘Law University’ for short), by misinterpreting the ‘Explanation’ to Rule 5, has not approved admissions of those students who have passed through Open University Scheme or as private candidates; and (viii) the writ petitions filed by the petitioners have been dismissed upholding incorrect interpretation made by the Law University.
6. Learned Counsel for the petitioners argued that the proviso to Rule 5 renders the applicants obtaining ‘+2’ and ‘graduate/post graduate’ degree certificates by ‘distance’ or ‘correspondence’ method, eligible for admission to 3 year and 5 year Law degree courses, respectively. However, the ‘Explanation’ disentitles such applicants, who obtain ‘+2’ or ‘graduation/post graduation’ through Open University System, directly, without having any basic qualification.
Thus, the action of the Law University, in disapproving the admissions of the appellants herein is based on erroneous interpretation of the ‘Explanation’, and therefore, unsustainable in law.
7. With the above submissions, learned Counsel for the petitioners, prayed for allowing these writ appeals.
8. Ms. Geethadevi Papanna, learned Counsel appearing for the Bar Council of India, submitted that, the eligibility criteria was considered by the Legal Education Committee of the Bar Council of India, in it’s meeting held on 30th April, 2017 and the recommendations of the said meeting have been accepted by the General Council of the Bar Council of India.
9. We have carefully considered the submissions made by the learned counsel for the parties and perused the records.
10. Rule-5 of the BCI Rules, reads as follows:-
“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.”
(emphasis supplied) 11. The ‘Explanation’ to Rule 5 to the BCI Rules states that the applicants, who have obtained ‘10+2’ or ‘graduation/post graduation’, through ‘Open University System’, directly, without having any basic qualification for prosecuting such studies, are not eligible for admission to Law degree courses.
12. The reasons assigned by the Law University in disapproving the admission of the appellants are tabulated hereunder:
Sl. No W.A.No/s. Name & course Qualification Reasons for not approving admission 1. WA No.5142/2016 & WAs No.921-923/2017 2. WA No.5143/2016 & WAs No.1060-62/2017 3. WAs No.4303-05/2017 & WAs No.4318- 20/2017 HARISH.N.
3 year LL.B MURALI.A.
3 year LL.B RAGHAVENDRA 3 year LL.B Upto 10th Standard–Regular School II PUC -
as a private student Graduation – as a regular student in the Bangalore University Upto 10th Standard–Regular School II PUC -
as a private student Graduation – as a regular student in the Bangalore University Upto 10th Standard–Regular School II PUC -
as a private student Graduation – as a regular student in the +2 private study/ Open schooling +2 private study/ Open schooling +2 private/10th/12th Degree All Open schooling 4. WAs No.790-794/2017 & WAs No. 795- 799/2017 AKSHATH KUMAR 3 year LL.B SHABA 3 year LL.B TARUNESH 5 year LL.B Mangalore University Upto 10th Standard–Regular School II PUC -
as a private student Graduation – as a regular student in the Mangalore University Upto 10th Standard–Regular School II PUC -
as a private student Graduation – as a regular student in the Mangalore University Upto 10th Standard–Regular School II PUC -
as a private student +2 private/10th/12th Degree All Open schooling +2 private/10th/12th Degree All Open schooling +2 private VISHNU DALMIA 5 year LL.B KUMARI KAVYA 5 year LL.B GAUTHAM KISHAN H 5 year LL.B Upto 10th Standard–Regular School II PUC -
In a open schooling Upto 10th Standard–Regular School II PUC -
as a private student Upto 10th Standard–Regular School II PUC -
as a private student +2 private +2 private +2 private MOHAMMAD ANWAR 5 year LL.B ANANTHA PADMANABHA 5 year LL.B KUMARI SAHANA SHENOY.K.
5 year LL.B MARIAM FARISA ABDHULLA 5 year LL.B 5. WA No.4301/2017 RAVI.S.
3 year LL.B Upto 10th Standard–Regular School II PUC -
as a private student Upto 10th Standard–Regular School II PUC -
as a private student Upto 10TH Standard–Regular School II PUC -
as a private student Upto 10th Standard–Regular School II PUC -
as a private student Upto 10th Standard–Regular School II PUC -
as a private student Graduation – as a regular student in the Bangalore University +2 private +2 private +2 private +2 private +2 private study 6. WA No.4306/2017 & WAs No.4316- 4317/2017 MS.SHAILIKA 5 year LL.B Upto 10th Standard–Regular School II PUC -
as a private student +2 private 7. WAs No.5168-69/2016 BHUVANESWAR I 5 YEAR INTEGRATED LL.B. RATNESH KUMAR GAUTAM 5 YEAR Upto 11th Standard–Regular School 12TH Standard Open schooling Upto 9th Standard–Regular School 10th Standard-
PUC studied at NIOS & there is no proof of 2 years study at +2 level +2 through open schooling INTEGRATED LL.B.
Open schooling 11th Standard- regular student In NIOS 12th Standard- open schooling 13. Analysis of the qualifications of the appellants shows that they have appeared as private candidates either in their 10th, ‘+2’ or ‘first graduation’ examination. It is relevant to record that, the appellants have attended classes in the School and appeared for the 10th, ‘+2’ or ‘first graduation’ examination as private candidates or through open schooling method. Therefore, they cannot be classified as applicants, who have obtained their respective ‘+2’ or ‘graduation/post graduation’ qualification directly, without having any basic qualification. The resultant position is that, the applicants’ cases would fall within the ‘proviso’ to Rule 5 of BCI Rules and the ‘Explanation’ shall have no application. Consequently, they shall be entitled to pursue their 3 year or 5 year Law courses.
14. Resultantly, these writ appeals merit consideration.
Hence, the following:
ORDER i) Writ Appeals No.5142/2016 & 921- 923/2017; 5143/2016 & 1060-1062/2017;
4303-4305/2017 & 4318-4320/2017; 790-
794/2017 & 795-799/2017; 4301/2017;
4306/2017 & 4316-4317/2017 and 5168-
5169/2016, are allowed;
ii) Common Order dated 16.12.2016 in Writ Petitions No.48635/2015, 48023/2015,
iii) Communications dated 31.10.2015 in Writ Petitions No.48635/2015, 48023/2015,
communication dated 3.10.2015 in Writ Petitions No.49126/2015, 49127/2015 & 49129/2015; communication dated 3.11.2015 in Writ Petition No.49157/2015 and the communication dated 27.7.2015 & 23.9.2015 in Writ Petitions No.47656/2015 & 47658/2015 are set aside; and iv) the respondent – Karnataka State Law University, is directed to consider the eligibility of appellants and other similar students for admission to the Law courses in the light of the law laid down in this judgment.
15. In view of disposal of these writ appeals, all pending interlocutory applications in all the appeals also stand disposed of.
Writ Appeals allowed.
We make no order as to costs.
Sd/-
ACTING CHIEF JUSTICE cp* Sd/- JUDGE