Writ Petition No. 5015 of 2021 · The High Court
Case Details
- 1 - NC: 2025:KHC:20733 WP No. 5015 of 2021 HC-KAR IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE E.S.INDIRESH WRIT PETITION NO. 5015 OF 2021 (EDN-RES) …PETITIONER BETWEEN: SMT. PRIYANKA BHOSALE, D/O ARAVIND ANNAJI BHOSALE, AGED ABOUT 32 YEARS, R/A NO.81, ANUGRAHA-102, 1ST FLOOR RAMANASHREE ENCLAVE, BTM 2ND STAGE, BENGALURU-560 076. (BY SRI PRAVEENKUMAR HIREMATH A/W SRI KARTIK S., ADVOCATES) AND: 1. KARNATAKA STATE LAW UNIVERSITY, NAVANAGAR, HUBBALLI-580 025, KARNATAKA, REP. BY ITS REGISTRAR. 2. 3.
Legal Reasoning
SHRI BALAJI COLLEGE OF LAW, F-38, GIRIYAPPA COMPLEX, 80 FT ROAD, KHB COLONY, BASAVESHWARANAGAR, BENGALURU-560079, KARNATAKA, REP BY ITS PRINCIPAL. BAR COUNCIL OF INDIA, 21, ROUSE AVENUE INSTITUTIONAL AREA, NEAR BAL BHAWAN, NEW DELHI - 110 002, REP. BY ITS SECRETARY. Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA …RESPONDENTS (BY SRI GIRISH KUMAR R., ADVOCATE FOR R1; R2 - SERVED BUT UNREPRESENTED; SMT. ANUBHA VASTHAVA, ADVOCATE FOR R3) THIS W.P. IS FILED UNDER ARTICLE 226 OF THE COSNTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATED 20.02.2021 PASSED BY THE R-1 IN SO FAR AS IT RELATES TO THE - 2 - NC: 2025:KHC:20733 WP No. 5015 of 2021 HC-KAR PETITIONER (ANNX-A). DIRECTION IN THE NATURE OF MANDAMUS TO THE R-1 TO APPROVE THE ADMISSION OF THE PETITIONER FOR THREE YEARS LLB, COURSE FOR THE ACADEMIC YEAR 2020-21. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN B-GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE E.S.INDIRESH ORAL ORDER In this writ petition, the petitioner is challenging the order No.KSLU / Acad-II / AdmsnAprvl / 2020-21 / 1617(AV) dated 20.02.2021 (Annexure-A) passed by the respondent No.1 interalia sought for direction to the respondent No.1 to approve the admission of the petitioner for 3 years LLB course for the academic year 2020-21. 2. The facts in nutshell for the purpose of adjudication of this writ petition are that, the petitioner herein is a student of the respondent No.2 - Shri Balaji College of Law, affiliated to respondent No.1 - University. It is the case of the petitioner that, the petitioner has successfully completed her Secondary Education from Karnataka, Pre-University Education under the Department of Pre-University Education, Karnataka and also completed 10+2 Course from Bhartiya Shiksha Parishad, Uttar Pradesh, during year 2010 and in this regard, the relevant - 3 - NC: 2025:KHC:20733 WP No. 5015 of 2021 HC-KAR marks cards are produced at Annexures-B, C and D respectively. 3. After completion of her Pre-University Education, the petitioner joined to Rani Channamma University, Belagavi and successfully completed Bachelor of Business Administration (BBA) during the year 2015 as per the certificate produced at Annexure-E. The petitioner has sought for admission to the respondent No.2 - College for 3 years LLB course for academic year 2020-21 and her admission was subject to approval of the respondent No.1 - University. The respondent No.2 - College has sent the approval for admission of the petitioner to the respondent No.1 - University and the respondent No.1 - University, has rejected the claim made by the petitioner for admission to the 3 years LLB Course on the ground that, the petitioner has not studied 10+2 Pre-University in the recognized college and therefore, declined to admit the student to the 3 years LLB Course and feeling aggrieved by the same, the petitioner presented this writ petition. 4. Heard, Sri. Praveenkumar Hiremath along with Sri. Kartik S., learned counsel appearing for the petitioner, Sri. Girishkumar R., learned counsel appearing for the - 4 - NC: 2025:KHC:20733 WP No. 5015 of 2021 HC-KAR respondent No.1 - University and Smt.Anubha Vasthava, learned counsel appearing for respondent No.3 - Bar Council of India. 5. It is contended by the learned counsel appearing for the petitioner by referring to the impugned order at Annexure- A, that the admission of the petitioner was declined on the ground that, the petitioner has not secured the valid certificate of "+2 Board" and he also invited the attention of the Court to the regulations governing 3 years LLB Degree Course as per Annexure-G particularly referring to Clause-07 and submitted that, the relevant course for the admission to 3 years LLB Course is that the candidate must have Graduated 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, and therefore he contended that since the petitioner herein has obtained the degree from the recognized University of Rani Channamma University, Belagavi as per Annexure-F and therefore, he sough for interference of this Court. - 5 - NC: 2025:KHC:20733 WP No. 5015 of 2021 HC-KAR 6. Learned counsel also invited the attention of the Court to the admission guidelines provided for the academic year 2020-21 issued by the respondent No.1 - University at Annexure-H and submitted that the relevant rules for admission to 3 years LLB course is that an applicant must possess the Certificate from the recognized University having 3 years U.G. Degree and therefore, the impugned order at Annexure-A rejecting the claim made by the petitioner for eligibility to the 3 years LLB course requires to be interfered in this regard. He refers to the order dated 09.12.2024 passed in W.P.No.31737/2024 (EDN-RES) and submitted that the impugned order at Annexure-A requires to be set-aside in this writ petition. 7. Per-contra, learned counsel appearing for the respondent No.1 - University, invited the attention of the Court to the regulations of the University as well as the Bar Council of India, Rules of Legal Education and submitted that, since the petitioner herein has secured 10+2 from the unrecognized - Board and therefore, by referring to Annexure-R3 that the impugned order at Annexure-A requires to be confirmed. - 6 - NC: 2025:KHC:20733 WP No. 5015 of 2021 HC-KAR Learned counsel appearing for the respondent No.3 - Bar Council of India has also argued on similar lines. 8. In the light of the submission made by the learned counsel appearing for the petitioner, it is not in dispute that the petitioner herein has obtained the Degree Certificate from the Rani Channamma University, Belagavi by completing the Bachelor of Business Administration (BBA) at Annexure-F. It is also not in dispute that, the Rani Channamma University, Belagavi is a recognized University and the candidate studied in the said University had valid certificate to enter into the higher studies. The only ground on which the respondent No.1 - University has rejected the claim of the petitioner for admission to the 3 years LLB course was that, the petitioner has studied "+2 Board" in a unrecognized Board as per Annexure-B. 9. In the backdrop of these aspects, I have carefully considered Clause-07 - the Eligibility Criteria for Admission to 3 years LLB course which stipulates that the candidate must possess the graduation in any discipline of knowledge from a University established by an Act of Parliament or by a State Legislature and in that view of the matter, taking into consideration the declaration of law made by this Court in - 7 - NC: 2025:KHC:20733 WP No. 5015 of 2021 HC-KAR W.P.No.31737/2024 (EDN-RES), wherein it is specifically held that what is required for the purpose of admission to 3 years LLB course is only in respect of the certificate issued by the competent University as per Clause-07 of the Regulation and same is nothing to do with the "+2" Higher Secondary Pass Certificate. In that view of the matter, I had find force in the submission made by the learned counsel appearing for the petitioner that, the impugned order at Annexure-A stipulating, requirement of "+2 Board certificate of the petitioner " is not a
Decision
ground to decline the admission of the petitioner. In the result, I pass following: O R D E R i) The writ petition is allowed. ii) The order No.KSLU/Acad-II/AdmsnAprvl/2020- 21/1617(AV) dated 20.02.2021 (Annexure-A) passed by the respondent No.1 is set aside. iii) A writ of mandamus is issued to respondent No.1 - University to approve the admission of the petitioner for 3 years LLB course for the academic year 2020-21 in the respondent No.2 - College. iv) The respondent No.1 - University is directed to comply with the order within two weeks from - 8 - NC: 2025:KHC:20733 WP No. 5015 of 2021 HC-KAR the date of receipt of this order. It is open for the petitioner to appear for the examination, if any, to complete the Course as per the Regulation of the respondent No.1 - University. Sd/- (E.S.INDIRESH) JUDGE GRD List No.: 1 Sl No.: 57