Candidate Studying Under National Institute Of Open Schools Is Eligible To Get Admission To Integrated LLB Course: Kerala HC

The NIOS had submitted before the Court that it was a National Level Board equivalent to CBSE and ICSE and its certificate was recognised by the Government of Kerala and all State Boards across India. Further, Association of Indian Universities had issued a letter that granted equivalence of NIOS courses with other examinations of recognised Boards for purpose of admission to higher studies at Indian Universities. The Court also noted that as per Rule 5(b) of Bar Council of India Rules of Legal Education, applicants who obtained a +2-pass certificate in distance or correspondence method shall also be considered as eligible for admission to the 5 year integrated LLB. However, there is a condition to the rule that says that if the student has obtained +2 certificate from an open university without having any basic qualification for prosecuting such studies, he is not eligible for admission.

In the instant case, the petitioner got primary allotment to the Sree Narayana Law College through their entrance examinations. However, they refused to admit him when he produced his original certificate for verification seeing that the petitioner passed both the 10^th and 12^th exam under the NIOS Scheme. The principal of the College pointed to the proviso of Rule 5(b) which disqualifies candidates who got the 12^th standard certificate from an open university who did not have the basic qualification for prosecuting such studies.

The petitioner produced certificate to show that after passing 8^th standard under CBSE, he was a regular school student for classes 9 and 10 and passed 9^th and 10^th examination under the NIOS Scheme. The Court said that the petitioner should be treated as having the qualification to be admitted to the LL.B course.

“Rule 5(b) of the BCI Rules on Legal Education provides that an applicant who has successfully completed Senior Secondary Course from a Senior Secondary Board or equivalent constituted or recognised by the Union or by a State Government may apply for an be admitted into the program of Integrated Degree in Law. The National Institute of Open Schooling is an Autonomous Institution under the Department of School Education and Literacy, Ministry of Education, Government of India”.

Accordingly, Court directed the college to admit the petitioner to its integrated 5-year course.

Counsel for the Petitioner: Adv. V. V. Suresh

Counsel for the Respondents: Advocates C. Dinesh, M. U. Vijayalakshmi, Rajit, V. Venulpal (GP)

Case No: WP(C) 36946 of 2024

Case Title: V. S. Gourishankar v Bar Council of India and Others

Citation: 2025 LiveLaw (Ker) 253