Writ Petition No. 35227 of 2024 · The High Court
Case Details
- 1 - NC: 2025:KHC:19421 WP No. 35227 of 2024 HC-KAR IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 35227 OF 2024 (EDN-EX) BETWEEN: 1. SRI SHASHANKA D K AGED BOUT 32 YEARS, S/O KRISHNAMURTHY D S, R/AT NO.29, BRAHMANAVADA DODDERI, SHIVAMOGGA-577434 PRESENTLY STUDYING AT SAGAR GANGOTRI COLLEGE OF LAW, SRI SIGANDOORESHWARI EDUCATIONAL TRUST (R) ULLURU, SAGAR, SHIVAMOGGA-577412. 2. SRI ANJAN A KAIKINI AGED ABOUT 33 YEARS, S/O AMARANATH A KAIKINI, R/AT 2/88, JOG ROAD, OPP MAIN BUS STAND, SAGARA, SHIVAMOGGA-577401. PRESENTLY STUDYING AT SAGAR GANGOTRI COLLEGE OF LAW, SRI SIGANDOORESHWARI EDUCATIONAL TRUST (R) ULLURU, SAGAR, SHIVAMOGGA-577412. 3. SHILPA S AGED ABOUT 41 YEARS, C/O HARISH BABU, Digitally signed by VANAMALA N Location: High Court of Karnataka - 2 - NC: 2025:KHC:19421 WP No. 35227 of 2024 HC-KAR R.AT MIG 26/R, 2ND CROSS, NEAR SAVI BEKARY, KENCHAPPA LAYOUT, SHIVAMOGGA-577204
Legal Reasoning
PRESENTLY STUDYING AT SAGAR GANGOTRI COLLEGE OF LAW, SRI SIGANDOORESHWARI EDUCATIONAL TRUST (R) ULLURU, SAGAR, SHIVAMOGGA-577412. …PETITIONERS (BY MR. CHIRANJEEVI K R.,ADVOCATE) AND: 1. PRINCIPAL SECRETARY TO GOVERNMENT HIGHER EDUCATION DEPARTMENT, SECRETARY ESTABLISHMENT, HIGHER EDUCATION DEPARTMENT, 2ND GATE, 6TH FLOOR, M.S.BUILDING, BANGALORE-560001. 2. REGISTRAR KARNATAKA STATE LAW UNIVERSITY, NAVANAGAR, HUBBALLI-580025 KARNATAKA INDIA, EMAIL KSLU .REGISTRAR@ GMAIL.COM 3. PRINCIPAL SAGAR GANGOTRI COLLEGE OF LAW, SRI SIGANDOORESHWARI EDUCATIONAL TRUST (R) ULLURU, SAGAR, SHIVAMOGGA-577412. 4. CHAIRMAN BAR COUNCIL OF INDIA 21, ROUSE AVENUE - 3 - NC: 2025:KHC:19421 WP No. 35227 of 2024 HC-KAR INSTITUTIONAL AREA NEAR BAL BHAVAN, NEW DELHI - 110002. …RESPONDENTS (BY MRS.SUKANYA BALIGA, AGA FOR R1; MR.GIRISH KUMAR R., ADVOCATE FOR R2; VIDE ORDER DATED 06.01.2025- NOTICE TO R3 IS DISPENSED WITH) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO PROVIDE THE PETITIONER TO CONTINUE THEIR RESPECTIVE LAW COURSE AND QUASH THE LETTER ISSUED BY THE R-3 WHICH MORE FULLY DESCRIBED AS ANNX-A, A1 AND A3. BEARING SSET.LAW.01/2.309/2024, SET.LAW.01/ 2.310/2024, SSET.LAW.01/2.311/2024 RESPECTIVELY DATED 18/12/2024; QUASH THE RULE REGARDING JOC WHICH IS ANNX-B AND CONSIDER JOC IS EQUAL TO PUC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE B M SHYAM PRASAD - 4 - NC: 2025:KHC:19421 WP No. 35227 of 2024 HC-KAR ORAL ORDER The petitioners have enrolled themselves with the third respondent to pursue graduation in Law. The first and second petitioners have enrolled for the three-year course and the third petitioner has enrolled for the five-year course. This Court by order dated 10.01.2025 has permitted the petitioners to take up the first semester examination for the academic year 2024-25. Sri. Chiranjeevi K.R., the learned counsel for the petitioners, submits that this Court must permit the petitioners to take up second semester exams scheduled to begin from 16.06.2025. The second respondent - University has completed the pleadings, and those are adopted by the fourth respondent [the Bar Council of India] and also the State Government. 2. The undisputed position is that admissions to Law colleges are governed by the Rules of Legal Education, 2008 made by the Bar Council of - 5 - NC: 2025:KHC:19421 WP No. 35227 of 2024 HC-KAR India [the fourth respondent]. The eligibility for admissions to both the three-year course and integrated degree program [the five-year course] is under Rule 5 which reads as under: "5. Eligibility for admissions: (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 LLB 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 - 6 - NC: 2025:KHC:19421 WP No. 35227 of 2024 HC-KAR from a Senior Secondary Board or equivalent, constituted 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 qualififying certificate on successful completion of the course, may apply for and be admitted I nto 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' LLB course, as the case may be." This Court must observe that insofar as those who are to be eligible for the three-year course, proviso to Rule 5 has been read to hold that even those who may have completed Job Oriented Course but - 7 - NC: 2025:KHC:19421 WP No. 35227 of 2024 HC-KAR completed first degree certificate, would be entitled to seek admission. 3. This Court must refer to the consistent view as is captured by this Court while disposing of the petition in W.P.No.10450/2025 [EDN-RES] [which is decided on 16.04.2025], but whether this proviso would inure to the third petitioner who has enrolled for the five year integrated course, this Court must observe that it depends upon Rule 5(b) and whether the Job Oriented Course could be equated with Senior Secondary School course [+2 or equivalent such as 11+1 in Senior School Leaving Certificate course] from recognized University of India or outside or from a Senior Secondary Board or equivalent, constituted or recognized by the Union or by the State Government or from any school recognized by the Government. - 8 - NC: 2025:KHC:19421 WP No. 35227 of 2024 HC-KAR 4. It is trite that the Courts do not decide on the equivalence between or amongst courses. This Court observes that there are catena of decisions on this aspect, and a reference is made to a recent decision of the Apex Court in 'Secretary, All India Shri Shivaji Memorial Society (Aissms) and Others v. State of Maharashtra and Others1, while deciding on the qualification of those appointed to teach in Engineering Colleges, by reference has reiterated thus: "In other words, normally, courts should not interfere with the decisions taken by expert statutory bodies regarding academic matter: may it relate to the qualification for admission of students or qualification required by teachers for appointment, salary promotion, entitlement to a higher pay scale, etc. However, this does not mean that Courts are deprived of their powers of judicial review. It only means that courts must be slow in interfering with the opinion of experts in regard to academic 1 2025 SCC OnLine SC 689 - 9 - NC: 2025:KHC:19421 WP No. 35227 of 2024 HC-KAR standards and powers of judicial review should only be exercised in cases where prescribed qualification or condition is against the law, arbitrary or involves." The third petitioner has failed to establish any of the afore to justify interference. Therefore the following:
Decision
ORDER [A] The petition at the instance of the first and the second petitioners are allowed directing the respondents to approve the admission of these two petitioners to the three-year legal course and permit them to take exams accordingly. [B] The petition at the instance of the third petitioner stands rejected. Sd/- (B M SHYAM PRASAD) JUDGE SA ct:sr