Rajesh C Vs Karnataka State Law University — Writ and Judicial Review | Karnataka HC (2025)

Rajesh C Vs Karnataka State Law University — Writ and Judicial Review | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Writ petition allowed; impugned communications dated 26.12.2024 (Annexures-N and P) quashed; respondents No.1 and 2 directed to accept the admission of the petitioners to the 3 years LL.B Course and permit them to appear for the examination.

Issue for consideration

Whether the petitioners' admissions to the 3 years LL.B. Course for the academic year 2024-25, not approved on the ground that the two years JOC Course is not equivalent to PUC, should be approved. +2 more

Court's answer

The respondents No.1 and 2 are directed to accept the admission of the petitioners for the 3 years LL.B Course and permit them to appear for the examination.

Ratio / Principle

The present fact is squarely covered by the decision of the Co-ordinate Bench of this Court in Rakesh Shetty (W.P.No.31737/2024 dated 09.12.2024) and the present petition needs to be disposed of in similar terms.

Key takeaways

The endorsements - impugned communications dated 26.12.2024 at Annexures-N and P are quashed.ratio¶59

Detailed headnote1 paragraphs

Education law — Admission to 3 years LL.B. Course, academic year 2024-25 — Principals of respondent colleges 3 (Sarvodaya Law College) and 4 (Brite Law College) issued communications dated 26.12.2024 (Annexures-N and P) informing that the petitioners' admissions were not approved on the ground that the two years JOC Course is not equivalent to PUC; last date for filling examination forms was 19.12.2024 — Petitioners, qualified on the 10+2+3 pattern, sought quashing of the communications and a mandamus to approve their admissions — Both counsel submitted, and the Court held, that the matter is squarely covered by the Co-ordinate Bench order in Rakesh Shetty Vs. State of Karnataka and Others, W.P.No.31737/2024 dated 09.12.2024, which, placing reliance on Rule 5 of the BCI Rules (paras 15 and 18), held that for the three-year LL.B. course a First Degree certificate suffices and the equivalency of JOC with +2 is not relevant — Writ petition allowed; impugned communications quashed; respondents 1 and 2 (Karnataka State Law University) directed to accept the admissions and permit the petitioners to appear for the examination.

1 - NC: 2025:KHC:970 WP No. 303 of 2025

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 10^TH DAY OF JANUARY, 2025

BEFORE

THE HON'BLE MRS JUSTICE K.S. HEMALEKHA

WRIT PETITION NO. 303 OF 2025 (EDN-RES)

BETWEEN:

RAJESH C S/O CHIKKALINGAIAH, AGED ABOUT 48 YEARS R/AT 30, SREE LAKSHMI VENKATESHWARA NILAYA, 7^TH MAIN ROAD, NANDINI LAYOUT, 4^TH BLOCK, BENGALURU - 560096.

SHEKAR V S/O VENKATESH AGED ABOUT 34 YEARS R/AT HESARAGHATA, BENGALURU RURAL DISTRICT, BENGALURU - 560085.

Digitally signed by YAMUNA K L Location: HIGH COURT OF KARNATAKA

GADDE SHIVARAJAKUMARA S/O GADDE MARIRUDRAPPA AGED ABOUT 38 YEARS R/AT 1B, 402, THE TREE BY PROVIDENT 4^TH FLOOR, HEROHALLI D GROUP LAYOUT, ANDRAHALLI, SYNDICATE BANK COLONY BENGALURU - 560091.

…PETITIONERS

(BY SRI. SHIVANANDA D.S., ADVOCATE)

AND:

KARNATAKA STATE LAW UNIVERSITY HUBLI - 580025 REP BY ITS VICE CHANCELLOR.

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THE REGISTRAR (EVALUATION) KARNATAKA STATE LAW UNIVERSITY HUBLI - 580 025

THE PRINCIPAL SARVODAYA LAW COLLEGE, 867, DR. MODI HOSPITAL ROAD, RAJAJINAGAR, BENGALURU - 560086.

THE PRINCIPAL BRITE LAW COLLEGE CA NO.27, 3^RD STAGE, 5^TH CROSS, BEHIND YELAHANKA NEW TOWN, LAST BUS STAND, BENGALURU - 560064.

…RESPONDENTS

(BY SRI. GIRISH KUMAR R.,ADVOCATE FOR R1 & R2; NOTICE TO R3 & R4 ARE D/W V/O DATED 10.01.2025)

THIS W.P. IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED COMMUNICATION NO. SLC/410/2024-25 DTD. 26.12.2024 ISSUED BY R-3 VIDE ANNX-N AND NO. BLC/202/2024-25 DTD. 26.12.2024 ISSUED BY R-4 VIDE ANNX-P BY ISSUE OF WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER WRIT, ORDER DIRECTION AS THE CASE MAY BE. DIRECT THE RESPONDENTS TO APPROVE THE ADMISSION OF THE PETITIONERS TO THE 3 YEARS LLB COURSE FOR THE ACADEMIC YEAR 2024-25 BY ISSUE OF ANY OTHER WRIT ORDER, DIRECTION AS THE CASE MAY BE.

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MRS JUSTICE K.S. HEMALEKHA

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ORAL ORDER

The petitioner is seeking the following prayers:

" i) Quash the impugned Communication No.SLC/410/2024-25 dtd;26.12.2024 issued by 3^rd Respondent vide Annexure-N and No.BLC/202/202425 dtd.26.12.2024 issued 4^th Respondent vide Annexure-P by issue of writ in the nature of certiorari or any other writ, order, direction as the case may be.

ii) Issue writ mandamus directing the respondents top approve the admission of the Petitioners to the 3 years LLB Course for the academic year 2024-25 by issue of any other writ, order, direction as the case may be.

iii) PASS such other order/s as this Hon'ble Court deemed fit under the circumstances of the case and iv) ALLOW the writ petition in the interest of justice and equity."

Heard the learned counsel for the petitioners and learned counsel appearing for the respondents.

Both counsel fairly submit that the present writ

petition is squarely covered by the order of the Co-ordinate Bench of this Court in W.P.No.31737/2024

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dated 09.12.2024 in the case of Rakesh Shetty Vs.

State of Karnataka and Others .

Brief facts of the case are that, the petitioners being aspirants to do LL.B. Course, took admission in the respondents No.3 and 4-colleges. The petitioners have completed 10+2+3 pattern educational qualification and they fill up examination form to 1^st semester, 3 years LL.B. Course for the academic year 2024-25. The last date for filling up the examination form was '19.12.2024'.

It is stated by learned counsel for the petitioners that the University informed the students through college that their admission is not approved on the ground that two years JOC Course is not equivalent to PUC. The Co-ordinate Bench of this Court in Rakesh

Shetty (supra) under identical circumstances had given deliberate consideration to the said issue and at para No.8 framed following point for consideration:

"Whether the job oriented Course taken up by the petitioner would be equivalent to 10+2 as

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mentioned by the Bar Council of India Rules under Rule 5 (for short 'BCI Rules')?"

Placing reliance upon the BCI Rules under Rule 5, the Co-ordinate Bench, in para nos.15 and 18 has held as under:

"15. Insofar as three years' LL.B. Course is concerned, what is required is First Degree certificate and as indicated above, if the candidate were to have a degree, which is considered to be First Degree, then the candidate would be eligible for being admitted into a three year LL.B. course. In that view of the matter, I am of the considered opinion that there is no particular lacuna as contended by Sri. Girish Kumar, insofar as admission to a three year Law Degree course is concerned, since, what is required as per the proviso is that the candidate should have First Degree certificate, the reference being made earlier to Higher Secondary pass certificate would be irrelevant so long as the candidates were to have a Degree issued by an University as indicated and referring to clause (a) of Rule 5.

18. In view of my reasoning in respect of proviso to Rule 5, the question of considering equivalency of JOC with +2 would not be relevant, since the petitioner holds a B.Com degree, which being a

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First Degree was sufficient for the University to

consider for issuance of eligibility certificate."

Present fact is squarely covered by decision of

the Co-ordinate Bench of this Court in Rakesh Shetty

(supra) and the present petition needs to be disposed of in

similar terms and this Court pass the following:

ORDER

(i) Writ petition is allowed ;

(ii) The endorsements - impugned communications dated 26.12.2024 at Annexures - N and P are quashed ; and

(iii) The respondents No.1 and 2 to accept admission of the petitioners for 3 years LL.B Course and permit them to appear for the examination.

Sd/_____________________ (JUSTICE K.S. HEMALEKHA)

PSG

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