PADMA LANDOL Vs. UNIVERSITY OF DELHI AND ANR

JUDGEMENT

(1.) The appellant is aggrieved by the order of a learned Single Judge by which her writ petition for relief against Delhi University, which required her to enroll in the three year LL.M degree (instead of the two year degree, opted by her) was rejected.

(2.) The petitioner/appellant applied for the two year LL.M degree course, after completing her LL.B degree. She was selected but asked to join the three year LL.M course, instead of the two year course she had applied for. Her grievance was that the brochure issued by the University gave no indication that she had to necessarily apply for the three year course, because she had enrolled as an Advocate. Initially, the writ petition was joined by another student; he was also a party to this appeal. Rebuffed by the University, which maintained that she was a professional as she had enrolled as an Advocate, she approached the Court under Article 226 of the Constitution.

(3.) A learned Single Judge, by order dated 04.08.2016; noted the petitioners' contentions that the University's stand that a professional cannot pursue a two year LL.M. course is arbitrary and irrational and violates his fundamental rights; what a student does in his or her free time, i.e. at the time when the classes are over cannot be regulated by it. The learned Single Judge also noticed the Bar Council of India's Resolutions in its meeting held on 18.12.2009 and 20.12.2009 to the effect that practicing advocates can join in LL.M. course as regular students without suspending his practice. The petitioner's argument was that once the Bar Council of India (which regulates the legal profession) allows an advocate to join an LL.M. course, the University cannot impose any other conditions/restrictions on his practice of law. On the basis of this argument, and the submissions of the University, interim orders were made directing admission to the two-year course. The University was directed to place on record its notification in this regard- i.e. notification (bearing No. CNC-II/093/2015-16/Delhi, the 26th June, 2015). It was placed on record. The University's stand was that this notification is part of its policy and that it clearly stipulates that the two year LL.M. degree is a full-time course available to a candidate who is not in any employment or not engaged in any other trade, business or occupation. The semesters are spread out over four terms and there would be minimum of 30 contact hours per term. The minimum qualification for the two year LL.M. course was 55% marks in LL.B. The criteria for the three-year LL.M course is different.