LL.B. Degree (3 years course) obtained while in service – Eligibility for enrolment after retirement- Refusal of Bar Council is illegal since it has no right to question the degree certificate

The Petitioner had worked in the Court  and retired as Assistant Registrar.  While in service and after obtaining permission, the Petitioner had passed three years LL.B. Course from Bidar Law College affiliated to the Gulbarga University.

After retirement, the petitioner approached the Bar Council for enrolment. It was not considered on the ground that as per the guidelines issued in respect of the Legal Education Rules, 2008, the students admitted to the law course prior to 14.9.2008 are eligible for enrolment irrespective of Bar Council of India Rules. It was contended that the petitioner has not produced any document showing that he was on leave while pursuing LL.B. course.

HELD that the College or the University did not raise any objection and permitted the petitioner to appear in the examination.   The petitioner had fulfiled all the required criteria for appearing in the examines. It is not for any other authority to question the certificate on the ground of ineligibility. In identical matter of Pravin Kishore Prasad (W.P.No.14924/2020 decided on 19.4.2021) similar order was quashed and this was confirmed in W.A.No.1069 of 2021 dated 15.2.2022.

Judgment dated 29.1.2024 in WP.No.11806 of 2020 (GM-RES) of Sri. Shelhan Vs. Karnataka State Bar Council and another