'Took Admission In 3-Yr LLB Course Without Completing Graduation': HP High Court Denies Student's Plea For Enrolment As Advocate

The Himachal Pradesh High Court has held that admission to a three-year LLB course without completion of graduation violates the Legal Education Rules, 2008, and the candidate is ineligible for enrolment as an advocate.Justice G.S. Sandhawalia & Justice Ranjan Sharma said: “In this scenario, once appellant-petitioner had secured admission to the Three Year Law Course (in June 2014) without possessing the essential qualification of Graduation-Bachelor's Degree (which was passed on 27.07.2015). Thus, once for want of Graduation, the admission of the appellant-writ petitioner to LLB Course was bad (being ineligible) therefore, neither any locus nor any right can be said to have accrued to the appellant, an ineligible incumbent, so as to seek enrolment as an advocate, dehors the Rules”Background Facts:The petitioner, Inderpal Singh had passed his B.A. First and Second Year in 2011 and 2013, respectively, from Government College, Nahan. However, he could not qualify for one of the papers in his 3rd Year. He cleared his compartment in March 2015 and was thereafter awarded his final degree in July 2015. Even though he was awarded his BA degree in July 2015, he took admission in 3 3-year LLB degree course in June 2014 in Mata Bali Sundri of Legal Studies, Nahan. Thereafter, he completed his LLB in November 2017, after which he applied for enrolment as an Advocate at the Bar Council of Himachal Pradesh. However, his enrolment was denied by the General House of the Bar Council. Aggrieved, the petitioner filed a writ petition before the High Court. The High Court dismissed the writ petition and upheld the Bar Council's decision. After which, the petitioner filed a Letters Patent appeal before the High Court challenging the Single Judge's order in the writ petition. Findings:The Court noted that the petitioner was not a graduate when he took admission in a 3-year LLB course in June 2014; therefore, his admission was not in accordance with the Legal Education Rules, 2008. Further, the Court remarked that the petitioner was fully aware of his ineligibility at the time of his admission to the 3-Year LLB Course. He even gave an undertaking to the college in this regard, admitting that in case he fails to clear his reappear in paper of environmental studies of BA Third Year, then, his admission to the Three Year LLB Course may be cancelled. The Court held that “Diluting or easing out prescribed mandates, relating to eligibility for admission to a course shall lead to educational chaos, which shall result in disturbing the entire education system, except in eventualities, same is expressly permitted under the Statute or Rules. No such eventuality has been pointed out, in instant case.”Thus, the High Court held that the Bar Council's decision and the Single Judge's decision did not suffer from any infirmity as the petitioner was not eligible for enrolment as an advocate. Case Name: Inderpal Singh v/s Himachal Pradesh Univeristy & Others. Case No.: LPA No. 295 of 2024Date of Decision: 24.07.2025For the Petitioner: Mr. Ajay Sharma, Senior Advocate with Mr. Atharv Sharma, Advocate.For the Respondents: Mr. Nitin Thakur, Advocate, for Respondent No.1.Mr. Arsh Chauhan, Advocate, for Respondents 2 & 3. Mr. Sunil Mohan Goel Senior Advocate with Mr. Raman Jumalta Advocate for Respondent No.4.Click Here To Read/Download Order

'Took Admission In 3-Yr LLB Course Without Completing Graduation': HP High Court Denies Student's Plea For Enrolment As Advocate

Mehak Aggarwal

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