Petitioner, holding a Diploma in Civil Engineering, sought admission to a three-year LL.B course. The court relied on a prior decision that a Diploma is not equivalent to the 10+2 Higher Secondary course, held the petitioner ineligible, and disposed of the petition.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06.07.2021
CORAM:
THE HONOURABLE MR. JUSTICE D.KRISHNAKUMAR
W.P.No.10684 of 2021
& WMP No.11313 of 2021
K.Aravazhi
.... Petitioner
Vs
Prayer:Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the first respondent to admit the petitioner in first year L.L.B, 3 year course for the academic year 20202021, as per their email dated 02.03.2021 addressed to the petitioner.
For Petitioner : M/s.R.Malaichamy For Respondents : Dr.A.Thiagarajan, Senior counsel for Mr.Vasantha Kumar, Standing counsel for R1 Mr.C.K.Chandrasekar, for RR2 & 3
ORDER
This writ petition has been filed seeking a direction to the first respondent to admit the petitioner in first year L.L.B.-3 year course for the academic year 2020-2021, as per their email dated 02.03.2021 addressed to the petitioner.
2.The case of the petitioner is that the petitioner has completed his SSLC Examination under the State Board of School Education during March 1980. On completing 10th Standard, the petitioner joined in Diploma Course in Civil Engineering conducted by the State Board of Technical Education and Training, Department of Technical Education, Government of Tamil Nadu. He also completed the said course and was awarded with a Diploma by the State Board of Technical Education and Training in the year 1985. Subsequently, the petitioner has also obtained B.E., Degree and M.E. Degree courses. According to the petitioner, now the petitioner is qualified and eligible to join the three year LLB course offered by the first respondent University.
''Rule 5(a) of the said rules provides an application who has graduated in any discipline of knowledge from an University established by an Act of Parliament or by a State Legislature...may apply for a 3 years Degree Programme in Law leading to conferment of LLB Degree...
first respondent has pointed out that in paragraph No.5 of the counter affidavit, the "mode of qualification" has been specifically prescribed in Prospectus that a candidate who studied Higher Secondary Education in regular mode only, is eligible for admission into LLB course. Whereas, the petitioner has undergone the Diploma course which is not equivalent to the Higher Secondary course. In support of his contention, the learned Senior counsel drew the attention of this Court to the order passed by this Court in W.P.No.15278 of 2019 dated 24.07.2019, particularly, paragraphs 17 to 19, which are extracted hereunder:
17.The word Senior Secondary School course (+2 or equivalent) means an equivalent certificate of Senior Secondary School alone and not any other certificate, such as, Diploma degree, etc.
18.This has been very much considered in the said Rule 5(b) that, such as 11+1, 'A' level in senior school leaving certificate from recognized university of India or outside, Senior School Leaving Certificate Course from a Senior Secondary Board or equivalent....?
19.A senior secondary school course certificate/A'' level or senior school certificate means either +2, i.e., 10+2 system or 11+1 system or equivalent school final senior secondary level course or certificate."
course, has been granted by the State Government or by any authority. The petitioner has submitted that even in the G.O. 242 Higher Education Department dated 18.12.2012, 10+3+3 Degree is considered as equivalent to 10+2+Degree and that 10+2 has been prescribed for the candidates who are seeking admission for 5 year LLB course and as such, since the petitioner has undergone 10+3+3, he is eligible for admission to the 3 year LLB course.
On such application being made to the authority concerned, the same shall be considered on merits and in accordance with law and pass appropriate final orders as expeditiously as possible. It is needless to state that the Secretary to the Government would take a decision at the earliest point of time taking into consideration of the plight of the petitioner.
Sd/-
Assistant Registrar (CS-III)
//True Copy//
Sub Assistant Registrar
dn To 1. The Registrar cum Chairman, The Tamil Nadu Dr.Ambedkar Law University, School of Excellence in Law, ''Poompozhil'', 5, Dr.D.G.S.Dhinakaran Salai, Chennai-600 028. 2. The Secretary, Bar Council of India, No.21, Rouse Avenue, Institutional Area, New Delhi-110 002. 3. The Secretary, Bar Council of Tamil Nadu, Bar Council Building, High Court Campus,Chennai-600 104. 4. The Principal, Government Law Collage at Trichy, Race Course Road, near Anna stadium, Tiruchirapalli-620 023. +1cc to M/s.R.Malaichamy, Advocate, S.R.No.31612 W.P.No.10684 of 2021 CP(CO) BE(22/07/2012)
1 issue framed by the court
Whether a petitioner holding a Diploma in Civil Engineering is eligible for admission to a three-year LL.B course requiring 10+2 or equivalent qualification.
Colour shows how this judgement treated each authority
W.P.No.15278 of 2019 dated 24.07.2019Applied¶25
1 provisions across 1 enactments
K.Aravazhi
The Registrar cum Chairman, The Tamil Nadu Dr.Ambedkar Law University, School of Excellence in Law
D.Krinshnakumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
