Case Note & Summary
The petitioner, Prasanna, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging the approval list dated 3.11.2015 issued by the Karnataka State Law University (respondent No.2) which denied approval of his admission to the 3-year law course at Seth Shankarlal Law College, Kalaburagi. The University refused approval on the ground that the petitioner had passed his 2-year Pre-University Course (PUC) either as a private student or through the National Institute of Open Schooling (NIOS), which was not considered as regular mode. The petitioner contended that he had studied standards 1 to 10 as a regular student and secured SSLC from the Karnataka Secondary Education Examination Board, and that his PUC was through correspondence. The court examined the relevant rules and found that there was no specific prohibition against open schooling for PUC in the Bar Council of India Rules or University regulations. The court held that since the petitioner had a regular school background up to SSLC, the denial of admission was unjustified. The court allowed the petition, quashed the impugned approval list insofar as it related to the petitioner, and directed the University to approve his admission. The judgment was delivered by Justice B.S. Patil on 4th October 2016.
Headnote
A) Education Law - Admission to Law Course - Eligibility - Open Schooling - Bar Council of India Rules - The issue was whether a student who passed PUC through correspondence/open schooling is eligible for 3-year law course. The court held that since the student had studied standards 1 to 10 as a regular student and passed SSLC from a regular board, the requirement of 'regular mode' for PUC was not mandatory. The court allowed the petition and directed the University to approve the admission. (Paras 1-5)
Issue of Consideration
Whether a student who has passed 2 years Pre-University Course (PUC) through correspondence/open schooling is eligible for admission to a 3-year law course.
Final Decision
The court allowed the writ petition, quashed the impugned approval list dated 3.11.2015 insofar as it relates to the petitioner, and directed the University to approve the petitioner's admission to the 3-year law course.
Law Points
- Eligibility for 3-year law course
- Open schooling PUC
- Regular mode of education
- Bar Council of India Rules
- Karnataka State Law University regulations
