Disposed

Vanhya Jayaramudu Naik. v. The State of Andhra Pradesh.

Andhra Pradesh HC3 Jan 2024WP/26/2024

Case brief

AI extract

What is this about?

The Court directed the respondent to admit the petitioner to the integrated LLB course subject to the submission of an equivalency certificate for intermediate education completed via open school mode, relying on Bar Council of India rules.

What did the court decide?

Directing admission to the Integrated five years LLB Course subject to submission of Equivalency Certificate from the Board of Intermediate Education.

Vanhya Jayaramudu Naik. Vs The State of… — Education and Admissions | Andhra Pradesh HC (2024)

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HONOURABLE SMT. JUSTICE V.SUJATHA WRIT PETITION No.26 of 2024

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ORDER:

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This writ petition is filed under Article 226 of the

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Constitution of India seeking the following relief:-

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“…. to issue a Writ, Order or Direction more particularly, a Writ of Mandamus, declaring the action of the Respondents, in denying admission to Five Year Integrated LLB Course on the ground that the petitioner got pre-qualification through distance / correspondence mode, as illegal, arbitrary, unconstitutional, contrary to the G.O.Rt.No.723 dt 27.09.2008 G.O.Ms.No.l70 dt 04.09.2010, Resolution of the Bar Council of Andhra Pradesh dated 18.10.2023 and violation of fundamental rights guaranteed under Article 14, 19 and 21 of Constitution of India and consequently direct the Respondents to admit the Petitioner herein in the Integrated Five Years LLB Course in pursuance of rank got under Flail Ticket No 3363020868 of AP LAWCET and PGLCET for the year 2023....”

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The case of the petitioner is that the petitioner has completed X class in Andhra Pradesh Open School Society in Govt. Higher School for Boys, B.Camp, Kurnool in the year 2012. Thereafter he got admission for intermediate in Govt. High School for Boys, B.Camp, Kurnool and completed on 24.05.2014 by attending classes in two years. Further, the petitioner also applied for an equivalency certificate with the Board of Intermediate Education, Tadepalle on 29.12.2023 and awaiting for the same.

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Thereafter, the petitioner applied for A.P. Law Common Entrance Test, 2023 (“LAWCET”) conducted by the Acharya Nagarjuna University, Guntur vide Hall Ticket No.3363020868 and he secured rank of 1865. He has applied for web counselling and got a seat allotment in Sri Prasunna College of Law. On 02.12.2023, the petitioner approached the college for certificate verification, upon verification of his educational certificates, the Principal of the said college noticed that the petitioner completed SSC and intermediate through open school. Again on 04.12.2023, the petitioner approached Sri Prasunna College of Law, to consider his case in accordance with Bar Council of India, Rules for Legal Education 2008.

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Further, learned counsel for the petitioner relied on the Rule 5 of the Legal Education 2008, which is extracted hereunder:

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5.Eligibility for admission :

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(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.

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(b) Integrated Degree Programme: 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 an 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.

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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’ L.L.B. course, as the case may be.

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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.”

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The contention of the learned counsel for the petitioner is that the petitioner is having basic qualification such as Class I to X through Government School, he has been denied the admission by the 6^th respondent on the ground that he has completed X and XII Classes through open school. Subsequently, the petitioner submitted a representation dated 08.12.2023 to the 6^th respondent requesting to accept his admission in the integrated five years LLB course. Thereafter

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the petitioner received a reply dated 11.12.2023, wherein it is stated that the petitioner cannot be given an admission.

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Heard learned counsel for the petitioner and the learned Government Pleader for Education.

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Considering the submissions and on perusal of the material on record, it appears that the petitioner has already submitted an application on 29.12.2023 requesting the Board of Intermediate Education, Andhra Pradesh, Tadepalle to issue an Intermediate Equivalency certificate as he is intending to pursue LLB Course.

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In view of the same, since the petitioner has already applied for Equivalency certificate, this Court feels it appropriate to dispose of the writ petition by directing the respondent No.2 to admit the petitioner in the Integrated five years LLB Course basing on the rank in the A.P. LAWCET & PGLCET for the year 2023 under Hall Ticket No.3363020868 subject to the petitioner submitting the Equivalency certificate obtained from the Board of Intermediate Education, Andhra Pradesh. However, it is made clear that if the petitioner fails to submit Equivalency Certificate obtained from the Board of Intermediate Education, Andhra Pradesh, the respondents are

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at liberty to initiate action against the petitioner in accordance

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with rules.

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Accordingly, the writ petition is disposed of. There shall be no order as to costs.

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As a sequel, Miscellaneous Petitions pending, if any, in this Writ Petition, shall stand closed.

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_______________________ JUSTICE V.SUJATHA

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Date : 04.01.2024 KGR

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HONOURABLE SMT. JUSTICE V.SUJATHA

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WRIT PETITION No.26 of 2024

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Date : 04.01.2024

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KGR

Vanhya Jayaramudu Naik. v. The State of Andhra Pradesh.

Case brief

What is this about?

What did the court decide?

Vanhya Jayaramudu Naik. v. The State of Andhra Pradesh.

Case brief

What is this about?

What did the court decide?

What the court decided

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