University Need Not Insist On +2 Passing Certificate To Determine Eligibility For 3-Yrs LLB Course If Student Produces First Degree: Karnataka HC

The Karnataka High Court has said that the question of considering Higher Secondary (10+2) pass certificate for admission to LLB course would be irrelevant so long as the candidates were to have a First degree issued by any recognised University.A single judge Justice Suraj Govindaraj held thus while allowing the petition filed by one Rakesh Shetty and said “In respect of proviso to Rule 5, (Bar Council Rules) the question of considering equivalency of JOC (Job oriented Course) with +2 would not be relevant, since the petitioner holds a B.Com degree, which being a First Degree was sufficient for the University to consider for issuance of eligibility certificate."Shetty completed his 10th standard in the year 1997 and instead of pursuing +2, he underwent Job-Oriented Pre-University Diploma in Computer techniques (JOC) in the year 1999. Thereafter, he took up Bachelor of Commerce degree (B.Com) and completed the same in the year 2008. In 2024, he made an online application on 24.06.2024 with Soundarya College of Law which came to be accepted however, his application for issuance of eligibility certificate was rejected by the Karnataka State Law University on the grounds that JOC could not be considered as equivalent to Pre-University course.The petitioner argued that JOC was accepted to be a proper eligibility for the petitioner to take up his B.Com course. Thus there was no reason for the respondent University to now deny him eligibility certificate. The counsel for the University on the other hand submitted that a JOC could not be held to be an equivalent for 10+2 without the petitioner having taken up a 'language' in the said course. Further, as per the instructions issued by the Bar Council of India, the JOC has not been held to be equivalent to 10+2 and what has been mentioned by the Bar Council of India is 10+2+3 year degree.Findings: The court noted that in terms of Clause (a) of Rule 5, an applicant who has graduated in any discipline of knowledge from a University established by an Act, may apply for three years' degree programme in law. Further, in terms of proviso, it is stated that applicants who have obtained +2 Higher Secondary pass certificate or First Degree Certificate from distance or correspondence method shall be considered eligible for admission in the Integrated 5-Years course or 3-Years LL.B. course, as the case may be. The explanation to the proviso states that the applicants who have obtained 10+2 or graduation/post-graduation through Open Universities system directly, without having any basic qualification, are not eligible for admission to the Law Course.Following which the Court emphasised, “What is required is +2 Higher Secondary Pass Certificate or First Degree Certificate.” Court observed that the language of the proviso is "disjunctive", meaning if the First Degree certificate has been issued, the question of reference of +2 Higher secondary Pass Certificate would not arise. It held, “So long as the First Degree certificate is available, the question of reference to +2 Higher Secondary Pass Certificate would not arise in terms of the proviso to Rule 5 of the Bar Council of India Rules. On a plain reading of the said provision, it is only if a candidate were to have done only +2 and applied for Integrated Five Year course, then the requirement of +2 being either 10+2 of CBSE or ISCE or II PUC would be relevant.”Noting that in the case of the petitioner he having done his JOC, which was regarded to be eligibility enough for him to take up his B.Com course, the court held the B.Com degree "would mean the First Degree certificate as contained and referred to in the proviso to Rule 5.”It added “In view of my reasoning in respect of proviso to Rule 5, the question of considering equivalency of JOC with +2 would not be relevant, since the petitioner holds a B.Com degree, which being a First Degree was sufficient for the University to consider for issuance of eligibility certificate.” Accordingly it allowed the petition and directed the University to issue an eligibility certificate. Appearance: Advocate K Prasanna Shetty for Petitioner.AGA R K Prathibha FOR R-1. Advocate Girish Kumar FOR R-2. Citation No: 2025 LiveLaw (Kar) 5Case Title: Rakesh Shetty AND State of Karnataka & OthersCase No: WRIT PETITION NO.31737 OF 2024Click Here To Read/Download Order

University Need Not Insist On +2 Passing Certificate To Determine Eligibility For 3-Yrs LLB Course If Student Produces First Degree: Karnataka HC

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