NARAYANASWAMY R. Vs. KARNATAKA STATE LAW UNIVERSITY

JUDGEMENT

(1.) The petitioner is assailing the endorsement dated 6.11.2014 issued by the first respondent at Annexure-G, whereby, it is held that the petitioner is ineligible to undertake 5 Years-B.A., LL.B Integrated Course offered by the first respondent.

(2.) The petitioner has completed his SSLC with aggregate of 65.12% through regular schooling. Subsequently, he completed his I year pre-University course with the Government Pre-University College, Bagepalli in March, 2008. However, for the II year, PUC Course, he appeared as a private student in July, 2009 and passed the said examination in private. The petitioner being desirous of studying the Law Course offered by the first respondent-University, sought for admission for the said course in the second respondent-College, which is affiliated to the first respondent-University. The academic qualification prescribed for the 5 Years-B.A., LL.B Course as contained in Part-B of the Admission Guidelines of the Notification issued by the first respondent dated 8.5.2014 stipulates that, 'an applicant who has successfully completed Pre-University course or Senior Secondary School Course ('+2') from a recognised University of India, or outside, or from Senior Secondary Board, or equivalent, constituted or recognised by the Union or by the State Government may apply for and be admitted into the course'. It is further clarified that 'the applicants who have obtained +2 Higher Secondary Pass Certificate or First Year Degree Certificate after prosecuting studies in distance or correspondence method shall also be considered as eligible for the admission to the said course'. The minimum percentage of marks prescribed for General category is 65.12%. The petitioner being eligible for undertaking 5 Years-B.A., LL.B. Integrated Degree Course, submitted his application through the second respondent-College and paid the entire admission/tuition fees in addition to the Amenity Fund as well as Voluntary Contribution towards Development Fund. It transpires that, subsequently, the second respondent informed the petitioner that his admission has not been approved by the first respondent-University for the reasons that, he has studied II Year Pre-University Course privately. This action of the first respondent in declining the approval for the admission of the petitioner to the 5 Years-LL.B. Course is challenged in this writ petition.

(3.) The learned counsel Sri. Rahul M. for Sri. Abhinav. R., appearing for the petitioner has submitted that the petitioner has fulfilled and met all the eligibility criteria as required by the Admission Notification issued by the first respondent-University. The petitioner has completed his PUC from the Department of Pre-University Education, Government of Karna-taka and a certificate to that effect is also issued. The petitioner having the requisite qualification from the recognised Pre-University/department, the impugned order/endorsement issued by the first respondent is totally unsustainable in law. The learned counsel would submits that there is no restriction in much as the admission to Integrated 5 Years-B.A., LL.B. Course for a candidate who has completed the Pre-University Course, II Year as a private candidate. The first respondent misread Rule 5 of the Bar Council of India Rules, while rejecting the approval of admission of the petitioner. The impugned endorsement is passed in a cavalier manner which is perfunctory and without jurisdiction.