IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF JANUARY, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S DIXIT WRIT PETITION No. 49820/2015 (EDN-AD) BETWEEN:
Ravishankar K.V., S/o Sri. K.Vijaykumar, Aged about 35 years, No 216, 3rd Floor, 4th Cross, Cubbonpet, Bengaluru-560002. ... Petitioner (By Smt. Shwetha Ravishankar, Advocate) AND 1. Al-Ameen College of Law, Hosur Road, Near Lal Bagh Main Gate, Bengaluru-560 027.
Represented by its Principal.
2. Karnataka State Law University, Navanagar, Hubli-580025. Represented by its Registrar.
3. Bar Council of India, No.21, Rouse Avenue Institutional Area, Near Bal Bhavan, New Delhi-110002.
Represented by its Chairman/Secretary. …Respondents (By Sri. Ganapathi Bhat, Advocate for R2;
Smt. M.P.Geethadevi, Advocate for R3; R1 served) This Writ Petition is filed under Articles 226 of the Constitution of India praying to quash Annexure-C dated 31.10.2015 issued by R-2 and direct the respondents to confirm the admission of the petitioner to 3 years LLB Course and etc., This Writ Petition coming on for Preliminary Hearing in ‘B’ Group this day, the court made the following:-
ORDER The short grievance of the petitioner-a student of Law Course in the first respondent-College affiliated to second respondent-Karnataka State Law University is against the non-approval of his admission vide Endorsement dated 31.10.2015 issued by the said University at Annexure-C to the Writ Petition, wherein petitioner whose name figures at Sl.No.70, was allegedly refused approval on the ground that certain educational certificates were not produced in time. However, the petitioner banking upon the endorsement issued by college at Annexure-D dated 11.11.2015 submits that there was due compliance of the requirement.
2. The respondent-University having appeared through their Panel Counsel submits that earlier, the degrees granted by Open Universities were not recognized and that the Division Bench of this Court vide judgment dated 13.12.2017, a copy whereof is now placed on record, has directed the respondent-Karnataka State Law University to consider the eligibility of the candidates for admission to the Law courses recognising the said Degrees, in the light of the clarification issued by respondent No.3- Bar Council of India.
3. The learned panel Counsel for the University also submits that the delay in the process of formal admission for the Course in question, if condoned by this Court, there would be no difficulty for considering the claim of the petitioner for it’s retrospective approval. In support of this submission, a copy of Provisional Degree Certificate dated 05.09.2018 is also produced.
4. In view of the above, this Writ Petition succeeds in part; a Writ of Mandamus is issues to respondent No.2- University to consider the claim of the petitioner for approval of his admission to the Law Course, as if the said admission was made by respondent No.1-College within the prescribed period, subject to payment of penalty lawfully leviable therefor, within four weeks.
5. It is open to the respondent College and the University to seek any information or documents from the side of the petitioner for accomplishing the task in question.
Costs made easy.
Sd/- JUDGE DS/-