IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF APRIL, 2017 BEFORE THE HON’BLE MRS.JUSTICE S.SUJATHA WRIT PETITION No.57823/2015 (EDN-AD) BETWEEN:
Nagaveni D/o Sri.Nandeesh Aged about 22 years R/at, Kumara Krupa Near S.S.I.T Kunigal Road Tumkur District – 572105. ….Petitioner (By Sri.Narayana Bhat.M, Advocate for Sri.Ganapathy Bhat Vajaralli, Advocate) AND:
1. Karnataka State Law University Represented by its Registrar Navanagar, Hubballi – 580025.
2. State of Karnataka Represented by its Secretary Department of Law and Justice Human Rights Department Vidhana Soudha at Bengaluru –01.
3. State of Karnataka Represented by Secretary Department of Higher Education M.S Building-Bangalore-01.
4. Universities Grants Commission (UGC) Represented by its Secretary Palace Road, Sampangiram Nagar Bengaluru, Karnataka-560001.
5. Suffia Law College Represented by its Principal H.M.S.Campus, Shettihalli Road Tumkur District – 572103. ….Respondents (By Sri.G.N.Bhat, Adv for R1;
Sri.Vijaya Kumar A.Patil, AGA for R2 & R3; Sri.Shouri.H.R, Adv for R4; and R5 - served) This writ petition is filed under Articles 226 & 227 of the Constitution of India praying to call for records pertaining to the case of the petitioner; quash the order dated 20.11.2015 vide Annexure-E in so far as the petitioner is concerned as the same is illegal and violative of Article 14, 15 and 21 of the Constitution of India. Etc., This petition coming on for Preliminary Hearing in ‘B’ group this day, the Court made the following:
O R D E R The petitioner, a visually impaired person with 100 percent visual disability got admitted to the three years law course (3 years LL.B. Course) during the academic year 2015-16. After successfully completing the SSLC examination and diploma from JSS Polytechnic for the physically handicapped in Computer Application and further successfully completed the Bachelor degree examination in Arts (B.A. Degree) from Karnataka State Open University.
2. The grievance of the petitioner is that her admission is not approved by the respondent No.1 on the ground that she has secured the B.A. degree from the Open University. Hence, this writ petition.
3. The question involved was the subject matter of writ petition Nos.56941-946/2014 and connected matters disposed of on 19.04.2017, whereby this Court has held that the degree conferred by the Karnataka State Open University to the student possessing the basic education is not a bar for eligibility of admission to three year LL.B. Course. The petitioner had the basic education to acquire the degree through Open University. The petitioner is eligible for three years LL.B. Course in terms of explanation to Rule 5 of Bar Council Rules and the regulations framed by the University. Hence, this writ petition stands disposed of in terms of the order passed by this Court in Writ Petition Nos.56941-946/2014 and connected maters (D.D.19.04.2017). The respondent shall approve the admission of the petitioner to the three year LL.B. degree course and permit her to appear for the ensuing examination. The respondent No.1 shall announce/declare the results of the examination taken by the petitioner and issue marks cards/certificates forthwith.
Sd/- JUDGE SV