DEEPIKA BHAT S. Vs. UNION OF INDIA

JUDGEMENT

(1.) THESE petitions are heard and disposed of by this common order as the grievance of the petitioners is identical. The petitioners are candidates who have been denied admission to the Three Year L.L.B. Degree Course either on the ground that the petitioners did not possess the requisite qualification of a '10+2+3' pattern Degree or that they had not secured the requisite minimum marks in the qualifying examination. In that, some of the petitioners either had not taken the two year Pre -University Course, before obtaining a Bachelor's Degree through an Open University - or had a Master's Degree through an Open University without having obtained a three year Bachelor's Degree. There is one petitioner who has managed to complete the Pre -university Course and a Degree course, simultaneously.! And there is a candidate who has a B.A. Degree without having completed the 10th Standard or PUC.

(2.) IT is contended on behalf of the petitioners that the eligibility for admission is regulated under Rule 5. The Proviso to Section 5 provides that where any applicant has obtained the First Degree Certificate after prosecuting studies in distance education or a correspondence course, such applicant shall also be considered eligible for admission to the three years LL.B. course. The explanation to Rule 5 provides that the applicants who have obtained 10+2 or graduation through Open University System, directly, without having any basic qualification for prosecuting such studies are not eligible for admission to the law courses. The interpretation of the Rule, more particularly, the explanation has far reaching ramifications in as much as the eligibility for prosecuting such studies is with reference to the undertaking of the gradation through Open University System. Prosecuting studies through distance education or on correspondence and the qualification and the eligibility prescribed for undertaking the same having been recognised and accepted generally, a degree holder through the distance education system being denied the eligibility for admission to the 3rd year LL.B. Degree is arbitrary. It is hence contended that the BCI Circular is onerous and illegal. And that the consequential notifications issued by the University and the Colleges require to be set aside.