Case Note & Summary
The petitioners, two students who had completed a 3-year LL.B degree course, sought to migrate to the 4th year of a 5-year integrated B.A., LL.B course at the same university. They challenged the regulations of Karnataka State Law University (Annexures C to F) as unconstitutional and ultra vires the Rules of Legal Education, 2008 framed by the Bar Council of India. The petitioners argued that the regulations prevented them from pursuing the integrated course and sought a writ of mandamus to direct the university to allow their migration. The court, after preliminary hearing, dismissed the petitions, holding that the regulations were not unconstitutional and that the Rules of Legal Education, 2008 do not permit such migration. The court found no merit in the petitioners' contentions and declined to interfere with the university's regulations.
Headnote
A) Constitutional Law - Ultra Vires - University Regulations - Petitioners challenged regulations of Karnataka State Law University that prevented migration from 3-year LL.B to 5-year integrated law course, arguing they were ultra vires the Bar Council of India Rules of Legal Education, 2008. The court examined whether the regulations were inconsistent with the Rules and found no such inconsistency. (Paras 1-2)
B) Education Law - Migration - Rules of Legal Education, 2008 - The petitioners sought a direction to allow them to pursue 5-year integrated law course after completing 3-year LL.B, but the court held that the Rules of Legal Education, 2008 do not provide for such migration, and the university regulations were valid. (Paras 1-2)
Issue of Consideration
Whether the regulations framed by Karnataka State Law University prohibiting migration of students from 3-year LL.B course to 5-year integrated law course are unconstitutional and ultra vires the Rules of Legal Education, 2008 framed by the Bar Council of India.
Final Decision
Writ petitions dismissed. The court held that the regulations are not unconstitutional and that the Rules of Legal Education, 2008 do not permit migration from 3-year LL.B to 5-year integrated law course.
Law Points
- Constitutional validity of university regulations
- Ultra vires doctrine
- Right to education
- Migration rules
- Bar Council of India Rules of Legal Education
- 2008
Case Details
2018 LawText (KAR) (08) 2
Writ Petition Nos.36519-36520/2018 (EDN-RES)
Kumari Jahanavi Naik K.P. and Kumari Alan Nanda Eva
Karnataka State Law University, through its Registrar
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Nature of Litigation
Writ petition under Articles 226 and 227 of the Constitution of India challenging university regulations as unconstitutional and ultra vires.
Remedy Sought
Declaration that regulations at Annexures C to F are unconstitutional; writ of certiorari to quash them; writ of mandamus to direct respondent to allow petitioners to pursue 5-year integrated law course by promoting them to IV year.
Filing Reason
Petitioners, who completed 3-year LL.B, sought migration to 5-year integrated law course but were prevented by university regulations.
Issues
Whether the regulations of Karnataka State Law University prohibiting migration from 3-year LL.B to 5-year integrated law course are unconstitutional and ultra vires the Rules of Legal Education, 2008.
Submissions/Arguments
Petitioners argued that the regulations at Annexures C to F are unconstitutional and ultra vires the Rules of Legal Education, 2008 framed by Bar Council of India.
Petitioners sought direction to allow them to pursue 5-year integrated law course by promoting them to IV year.
Ratio Decidendi
The court held that the university regulations were not ultra vires the Rules of Legal Education, 2008, as those rules do not provide for migration from a 3-year LL.B course to a 5-year integrated law course. The petitioners' challenge to the regulations as unconstitutional was without merit.
Judgment Excerpts
Petitioners have sought the following reliefs in these writ petitions: (a) to declare the Regulations at Annexures C to F are unconstitutional, consequentially, issue writ of certiorari to quash the Annexures C to F as ultra Vires to Rules of Legal Education, 2008 framed by Bar Council of India; (b) to issue writ of mandamus or any other writ to direct the respondent to allow the petitioners to pursue 5 year Integrated Degree Course in Law at Annexures C and D alike student pursuing 3 year LL.B Degree Course in Law at Annexure-E by promoting them to IV year of 5 year B.A., LL.B Integrated Degree Course in Law at Annexure- F in any class by strictly adhering to the provisions of Chapter II of Rules of Legal Education, 2008.
Procedural History
Writ petitions filed under Articles 226 and 227 of the Constitution of India came up for preliminary hearing before the High Court of Karnataka at Bengaluru on 27 August 2018.
Acts & Sections
- Constitution of India: Articles 226, 227
