MINOR RAHUL R. VAITHINATHAN REP. HIS MOTHER AND NATURAL GUARDIAN Vs. NATIONAL INSTITUTE OF OPEN SCHOOLING (NIOS)

JUDGEMENT

(1.) In this writ petition, the petitioner challenges the proceedings of the second respondent dated 27.6.2017, in and by which the petitioner's son was held to be "not eligible" for admission to Five Year B.A. L.L.B (Hons.)/B.B.A. L.L.B.(Hons) Degree Course on the ground that he pursued his schooling in National Institute of Open Schooling.

(2.) According to the petitioner, her son had done the mandatory 12 years of education and is fully eligible for admission to the Five Year Law Degree as per Rule 5 of the Rules of Legal Education, 2008, hereinafter referred to as "the Legal Education Rules". It is stated that National Institute of Open Schooling is like an Open University and is recognized by all the professional bodies and Universities.

(3.) In the counter affidavit filed on behalf of the National Institute of Open Schooling, it is emphatically stated that National Institute of Open Schooling is one of the National Boards of India offering Class X and XII certification through open and distant mode of education, which comes under the Ministry of Human Resource Development, Government of India and is an alternate channel for completion of schooling. It is further stated that the Legal Education Rules restrict only Open Universities and not Open Schooling. It is further stated that National Institute of Open Schooling is following the 10+2 system of schooling in tune with CBSE and other school boards of India and it is a member of the Council of Boards of School Education, New Delhi.