SHYAMA SUDARSHAN Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Petitioners are assailing the communication No. VLCP/Admn/2014-15, dated 08.11.2014 at Annexures-D1 and D2 and the communication No. KSLU/Reg/Acad-II/2014-15, dated 28.10.2014 at Annexure-E to the writ petition so far as it relates to rejection of petitioners- admission as at Sl.Nos.35 and 39.

(2.) Petitioner No. 1 appeared for SSLC examination as student of Sri. Ramakunjeshwara English Medium School, while petitioner No. 2 appeared for the said examination as a student of Vivekananda High School, in the examination conducted by Karnataka Secondary Education Examination Board in the month of April 201 They have passed the said examination. Petitioners, thereafter appeared for I Year Pre-university examination conducted by the Department of Pre-University Education of the 1st respondent in the month of May 2013 and were unsuccessful. The petitioners subsequently studied in private and appeared for II Year Pre-university examination conducted by the very same department of the 1st respondent in the month of March 2014 and they successfully completed the said examination. It appears that with an intention to pursue further studies, petitioners selected the Law Course and accordingly sought admission in the 5th respondent college for the 5 years B.A., LL.B. Course commencing from the academic year 2014-15. At that time, the 5th respondent got affiliated to the 4th respondent. It transpires that the college had forwarded list of 41 students to the 4th respondent for approval, but the 4th respondent denied approval to the petitioners. This information of rejection of petitioners- admission was conveyed to the petitioners by the 5th respondent. The said communications are challenged in these writ petitions.

(3.) Sri. Puthige R. Ramesh, learned counsel appearing for the petitioners placing reliance on the Judgment of this Court in the case of Mr. Bhargav B.I.v. Dr. Ram Manohar Lohia Law College and others (W.P.No.10458/2016, dated 29.8.2016) contended that Regulation 7 of the Karnataka State Law Universities Regulation ('Regulation- for short), governing 5 years- B.A., LL.B., degree course deals with the eligibility criteria for admission. According to the said Regulation, the applicant has to successfully complete II PUC or Senior Secondary School course from a recognised University of India or outside or from Senior Secondary Board or equivalent Board. Petitioners have completed their II Year Pre-University course which has been recognised by the Government of Karnataka, as such under Regulation 7 of the Regulations the petitioners are eligible for admission to the 5 year B.A., LL.B., course. Learned counsel further drawing the attention of this Court to Rule 5 of the Rules of Legal Education, 2008 (' Rules- for short) promulgated by the Bar Council of India points out to what is disqualification, explained in the explanation appended to Rule 5 of the Rules. It is only the students who have obtained 10+2 or Graduation/Post-Graduation through Open University system directly without having any basic qualification for prosecuting such studies are not eligible for admission in the Law Courses, whereas the proviso to Rule 5 provides applicants who have obtained +2 Higher Secondary Pass Certificate or First Degree Certificate after prosecuting studies in distance or correspondence method shall also be considered for admission in the integrated 5 years- course or 3 years- LL.B., course as the case may be. Learned counsel inviting the attention of this Court to the Judgment of this Court in the case of Sudha Rani. K. and others Vs. The Principal, K.L.E. Society's Law College (W.P. Nos.36654/2015 and connected matters, dated 16.12.2016) contends that the point that arose for consideration before this Court was: