Petitioner challenged KSLU's notification fixing 42% marks for OBC LL.B. admission as illegal. Bench held Bar Council of India Rules permit 42% for OBC and rejected challenge.
Writ petition disposed of by rejecting the challenge to KSLU's admission criteria notification.
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NC: 2025:KHC:48920-DB WP No. 34065 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF NOVEMBER, 2025
PRESENT
THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE
AND
THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT PETITION NO. 34065 OF 2025 (EDN-RES-PIL)
BETWEEN:
…PETITIONER
(BY SRI DANAPPA P. PANIBHATE, ADVOCATE)
AND:
Digitally signed by PRABHAKAR SWETHA KRISHNAN
Location: High Court of Karnataka
NC: 2025:KHC:48920-DB WP No. 34065 of 2025
HC-KAR
3. THE PRINCIPAL
S. J. SCHOOL OF LAW NO. 146, REFLEX LAYOUT DR. VISHNUVARDHANA ROAD UTTARAHALLI-KENGERI MAIN ROAD BENGALURU - 560 060
…RESPONDENTS
(BY SMT. NILOUFER AKBAR, AGA FOR R-1)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA READ WITH RULE 14(1) OF THE HIGH COURT OF KARNATAKA (PRACTICE AND PROCEDURE FOR PUBLIC INTEREST LITIGATION) RULES, 2018 PRAYING TO ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION DECLARING THAT THE FIXATION OF 42% MINIMUM QUALIFYING MARKS WITHOUT GAZETTE NOTIFICATION FOR OBC CANDIDATES FOR ADMISSION TO THE 3-YEAR LL.B. COURSE BY THE RESPONDENT-2, KARNATAKA STATE LAW UNIVERSITY, HUBBALLI IS ILLEGAL, ARBITRARY AND ULTRA VIRES TO THE BAR COUNCIL OF INDIA'S "LEGAL EDUCATION RULES, 2008", THE ADVOCATES ACT, 1961 AND THE GENERAL CLAUSES ACT, 1897 AND IS LIABLE TO BE SET ASIDE VIDE ANNEXURE-D AND ANNEXURE-L & ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
NC: 2025:KHC:48920-DB WP No. 34065 of 2025
HC-KAR
CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MR. JUSTICE C.M. POONACHA
ORAL ORDER
(PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE)
NC: 2025:KHC:48920-DB WP No. 34065 of 2025
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University of Bengaluru has also fixed the minimum criteria of 40%
for candidates belonging to SC/ST as well as OBC category.
"7. Minimum marks in qualifying examination for admission - Bar Council of India may from time to time, stipulate the minimum percentage of marks not below 45% of the total marks in case of general category applicants, 42% for OBC category and 40% of the total marks in case of SC and ST applicants, to be obtained for the qualifying examination, such as +2 Examination in case of Integrated Five Years’ course or Degree course in any discipline for Three Years’ LL.B. course, for the purpose of applying for and getting admitted into a Law Degree Program of any recognized University in either of the streams.
Provided that such a minimum qualifying marks shall not automatically entitle a person to get admission into an institution but only shall entitle the person concerned to fulfil other institutional criteria notified by the institution concerned or by the government concerned from time to time to apply for admission."
Rule that the Bar Council of India can stipulate the minimum percentage of marks. However, the same cannot be below 42% for
NC: 2025:KHC:48920-DB WP No. 34065 of 2025
HC-KAR
candidates belonging to OBC category and 40% in case of candidates belonging to SC/ST category.
Sd/(VIBHU BAKHRU) CHIEF JUSTICE
Sd/(C.M. POONACHA) JUDGE
KPS
List No.: 2 Sl No.: 10
2 issues framed by the court
Whether KSLU's fixation of 42% minimum qualifying marks for OBC candidates without Gazette notification is illegal and ultra vires the Legal Education Rules, 2008.
Whether the minimum educational criteria for OBC candidates should be in parity with SC/ST candidates under Rule 7 of the Legal Education Rules, 2008.
2 provisions across 2 enactments
YANKAPPA R SAKRE @ VENAKATESH R SAKRE
PRINCIPAL SECRETARY THE BAR COUNCIL OF INDIA
THE REGISTRAR KARNATAKA STATE LAW UNIVERSITY
VIBHU BAKHRU
C.M. POONACHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
