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Indian Constitution

The document summarizes several writ petitions filed in the High Court of Karnataka regarding admission to law degree courses. Specifically, it provides details of 15 writ petitions filed by petitioners seeking admission or confirmation of admission to various law colleges across Karnataka, including Al-Ameen College of Law in Bangalore, KLE Society's Law College in Bangalore, Sheshadripuram Law College in Bangalore, and Teachers Law College in Bangalore. The petitioners have requested the court to quash letters/communications rejecting their admission and direct the universities and colleges to permit their admission to law programs including 3-year LLB, 5-year integrated LLB and BA LLB courses.

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0% found this document useful (0 votes)
86 views64 pages

Indian Constitution

The document summarizes several writ petitions filed in the High Court of Karnataka regarding admission to law degree courses. Specifically, it provides details of 15 writ petitions filed by petitioners seeking admission or confirmation of admission to various law colleges across Karnataka, including Al-Ameen College of Law in Bangalore, KLE Society's Law College in Bangalore, Sheshadripuram Law College in Bangalore, and Teachers Law College in Bangalore. The petitioners have requested the court to quash letters/communications rejecting their admission and direct the universities and colleges to permit their admission to law programs including 3-year LLB, 5-year integrated LLB and BA LLB courses.

Uploaded by

Mahendra
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 16TH DAY OF DECEMBER, 2016

BEFORE

THE HON’BLE Mr. JUSTICE L. NARAYANA SWAMY

Writ Petition No.36654/2015 (EDN-AD)

C/W

Writ Petitions No.54038/2014, 36656/2015, 47951/2015,


48012/2015, 48014 & 48633/2015, 48023 & 48634 –
48636/2015, 49126-49130 & 49131/2015, 49157 & 49158-
49159/2015, 49841/2015, 50353/2015,
51771-51774/2015, 53819/2015 , 54579/2015,
54809-54812 & 54813-54815/2015, 57628/2015,
47656 & 47658/2015, 49124/2015, 48648/2015,
49308/2015, 50441/2015, 51083/2015, 51877/2015,
52481/2015, 55499/2015, 56195-56196/2015, 57447/2015
52815/2015, 53808/2015, 50037/2015,
51435-51438/2015, 49968/2015

In Writ Petition No.36654/2015

BETWEEN:

SUDHA RANI K
AGED ABOUT 22 YEARS,
D/O KANNAN K
R/AT NO.AKHILA SILICON SPRINGS,
BANGALORE ROAD, HOSUR
2

TAMIL NADU – 635 109 ... PETITIONER

(BY SRI.NAVEED AHMED, ADV.)

AND:

1. STATE OF KARNATAKA
BY DEPT. OF HIGHER EDUCATION,
VIDHANA SOUDHA,BANGALORE-560 001
REP BY ITS SECRETARY

2. KARNATAKA STATE LAW UNIVERSITY


NAVANAGAR, HUBLI-580 025
REP BY ITS REGISTRAR

3. AL-AMEEN COLLEGE OF LAW


NO.69,BEHIND AL-AMEEN TOWER
HOSUR ROAD ,NEAR LALBAGH MAIN GATE,
BANGALORE - 560 027
REP. BY ITS PRINCIPAL

4. BAR COUNCIL OF INDIA


NO.21,ROUSE AVENUE,
INSTITUTIONAL AREA,
NEAR BAL BHAWAN,
NEW DELHI-110 002
REP. BY ITS CHAIRMAN ... RESPONDENTS

(BY SMT.PRAMODHINI KISHAN, HCGP FOR R1;


SRI.GANAPATHI BHAT, ADV. FOR R2;
SMT.GEETHADEVI M.P., ADV. FOR R4;
R-3 IS SERVED )

THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF


THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
IMPUGNED LETTER DTD:19.08.2015 ISSUED BY THE R-3 VIDE
ANNEXURE-C;DIRECT THE R-2 AND 3 TO PERMIT THE
3

PETITIONER TO TAKE ADMISSION IN THE 1ST YEAR OF B.A.,


L L.B(FIVE YEARS) COURSE.

In Writ Petition No.54038/2014

BETWEEN:

MR INZAMAM UL HAQ A R
S/O A B ABDUL RAHMAN
AGED ABOUT 19 YEARS,
RESIDENT OF NO.20, JINNA ROAD,
3RD LANE, TIRUPPATTUR,
VELLORE DISTRICT – 635 601 ... PETITIONER

(BY SRI.AJIT P B, ADV.)

AND:

1. THE VICE CHANCELLOR


THE KARNATAKA STATE LAW UNIVERSITY
NAVANAGAR
HUBLI – 580 025

2. A1-AMEEN COLLEGE OF LAW


BEHIND A1-AMEN TOWER,
HOSUR ROAD,
NEAR LAL BAGH MAIN GATE,
BANGALORE – 560 027
REP. BY ITS PRINCIPAL ... RESPONDENTS

(BY SRI.GANAPATHI BHAT, ADV. FOR R1;


R-2 IS SERVED )

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND


227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTION
OR ORDER TO APPROVE THE ADMISSION OF THE PETITIONER
WITH THE R-2 COLLEGE, THAT THE PETITIONER HAS SATISFIED
4

THE ELIGIBILITY CRITERIA FOR ADMISSION FOR 5 YEARS OF


LAW DEGREE COURSE.

In Writ Petition No.36656/2015

BETWEEN:

A UMAYA KAUSAR
AGED ABOUT 23 YEARS,
D/O S.MD.ALI
R/AT NO.105,
DAHARAMRAJA KOVIL STREET,
KRISHNAGIRI,
TAMIL NADU-635001. ... PETITIONER

(BY SRI. M H I SINDHAGI, ADV.)

AND:

1. STATE OF KARNATAKA
BY DEPT. OF HIGHER EDUCATION
VIDHANA SOUDHA, BANGALORE-560 001
REP. BY ITS SECRETARY.

2. KARNATAKA STATE LAW UNIVERSITY


NAVANAGER, HUBLI – 580 025
REP. BY ITS REGISTRAR.

3. AI-AMEEN COLLEGE OF LAW


NO.69, BEHIND AI-AMEEN TOWER
HOSUR ROAD, NEAR LALBAGH MAIN GATE,
BANGALORE-560 027
REP. BY ITS PRINCIPAL.

4. BAR COUNCIL OF INDIA


NO.21, ROUSE AVENUE,
INSTITUTIONAL AREA
NEAR BAL BHAWAN
5

NEW DELHI-110002
REP. BY ITS CHAIRMAN. ... RESPONDENTS

(BY SMT.PRAMODHINI KISHAN, HCGP FOR R1;


SMT.GEETHADEVI M.P., ADV. FOR R4)

THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF


THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
IMPUGNED COMMUNICATION DT.14.8.2015 ISSUED BY THE R-3
AT ANNEX-E. DIRECT THE RESPONDENTS TO PERMIT THE
PETITIONER TO TAKE ADMISSION IN THE FIRST YEAR LLB
COURSE.

In Writ Petition No. 47951/2015

BETWEEN:

SRI YUVARAJ T
S/O THYAGARAJAN. T
AGED ABOUT 31 YEARS
R/AT NO.50, 1ST FLOOR,
1ST CROSS, DEVASANDRA ROAD,
K.R.PURAM, BANGALORE ... PETITIONER

(BY SRI.PRAKASHA M, ADV.)

AND:

1. THE REGISTRAR
(ACADEMIC)
KARNATAKA STATE LAW UNIVERSITY,
NAVANAGARA,
HUBBALLI – 580 025

2. THE SECRETARY
BAR COUNCIL OF INDIA
NO.21, ROSE AVENUE INSTITUTIONAL AREA,
NEW DELHI-110 002
6

3. THE PRINCIPAL
TEACHERS LAW COLLEGE
MEDAHALLI
OLD MADRAS ROAD,
VIRGONAGAR POST,
BANGALORE - 49 ... RESPONDENTS

(BY SRI.GANAPATHI BHAT, ADV. FOR R1;


SMT.GEETHADEVI M P , ADV. FOR R2;
SRI.N.SUBBA REDDY, ADV. FOR R3)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND


227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
E-MAIL NOTICE HAS BEEN SENT BY THE R-1 DTD:30.10.2015
PRODUCED AT ANNEXURE-N AS THE SCHEME IS LAPSED &
QUASH THE DIRECTION ISSUED BY THE R-2 DTD:20.12.2010
PRODUCED AT ANNEXURE-M AND ALSO CLARIFICATION LETTER
ISSUED DTD:06.10.2015 WHICH IS PRODUCED AS ANNEXURE-
L.

In Writ Petition No.48012/2015

BETWEEN:

MANJUNATH Y
S/O YIH ANEGUNDI,
AGED ABOUT 28 YEARS,
NO.130, SAI NAGAR, PHASE 1
VIDYARANYAPURA POST,
BANGALORE – 560 097 ... PETITIONER

(BY SMT.SWETHA RAVISHANKAR, ADV.)

AND:

1. KLE SOCIETY’S LAW COLLEGE


7

POST BOX NO.1059


2ND BLOCK, RAJAJINAGAR,
BANGALORE-560010
REPRESENTED BY ITS PRINCIPAL

2. KARNATAKA STATE LAW UNIVERSITY


NAVANAGAR, HUBLI-580025
REPRESENTED BY ITS REGISTRAR

3. BAR COUNCIL OF INDIA


NO.21, ROUSE AVENUE INSTITUTIONAL AREA,
NEAR BAL BHAVAN,
NEW DELHI-110002
REPRESENTED BY ITS CHAIRMAN/SECRETARY

... RESPONDENTS

(BY SRI. GANAPATHI BHAT, ADV. FOR R2;


SMT.M.P.GEETHADEVI, ADV. FOR R3;
R-1 IS DELETED VIDE ORDER DATED 18.10.2016)

THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF


THE CONSTITUTION OF INDIA PRAYING TO QUASH ANNEX-C
DTD.29.10.2015 AND DIRECT THE RESPONDENTS TO CONFIRM
THE ADMISSION OF THE PETITIONER TO 3 YEARS LLB COURSE.

In Writ Petition Nos.48014 & 48633/2015

BETWEEN:

1. SARAVANAKUMAR R
S/O S.RAMESH BABU,
AGED ABOUT 19 YEARS,
NO.156, PANNAKKA STREET,
KAVERI PATTANAM-635112,
KRISHNAGIRI DISTRICT, TAMIL NADU.

2. KISHORE KUMAR
8

S/O CHIKKANNA.T,
AGED ABOUT 23 YEARS,
BETTADASANAPURA VILLAGE,
ELECTRONIC CITY POST,
BANGALORE SOUTH,
KARNATAKA-560 068. ... PETITIONERS

(BY SMT. SHWETHA RAVISHANKAR, ADV. )

AND:

1. SHESHADRI PURAM LAW COLLEGE


NO.1, GOVINDARAO STREET,
SHESHADRIPURAM,
BANGALORE - 560 020
REPRESENTED BY ITS PRINCIPAL

2. KARNATAKA STATE LAW UNIVERSITY


NAVANAGAR, HUBLI – 580 025
REPRESENTED BY ITS REGISTRAR.

3. BAR COUNCIL OF INDIA


NO.21, ROUSE AVENUE INSTITUTIONAL AREA,
NEAR BAL BHAVAN,
NEW DELHI – 110 002.
REPRESENTED BY ITS CHAIRMAN/SECRETARY.

... RESPONDENTS

(BY SRI.GANAPATHI BHAT, ADV. FOR R2;


SMT.M.P.GEETHADEVI, ADV. FOR R3;
R-1 IS SERVED)

THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226


AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH
ANNEX-C DTD.31.10.2015 AND DIRECT THE RESPONDENTS TO
CONFIRM THE ADMISSION OF THE PETITIONERS TO THE 5
YEARS INTEGRATED DEGREE PROGRAMME BAL LLB].
9

In Writ Petition Nos.48023 & 48634–48636/2015

BETWEEN:

1. MURALI A
S/O. ASHWATHAPPA
AGED ABOUT 26 YEARS,
NO. 535/1,
NEAR LAKSHMI NARAYANA TEMPLE,
AMRUTHAHALLI, SAHAKARANAGAR POST
BANGALORE 560092

2. USHA. S
D/O. SOBBA RAJAPPA,
AGED ABOUT 21 YEARS,
1ST CROSS,
SRI. GANAPATHI LAYOUT,
HORAMAVU AGARA,
BANGALORE 560 043

3. HARISH N
S/O NAGARAJU K.V,
AGED ABOUT 21 YEARS,
NO. 337, 12TH CROSS,
RAJESHWARI NAGAR,
LAGGERE, BANGALORE 560058

4. CHAITRA SHREE A
D/O ANJAN MURTHY,
AGED ABOUT 22 YEARS,
NO.183, AMMA NIVAS,
NEAR YELLAMMA TEMPLE,
V. NAGENAHALLY, R.T. NAGAR POST,
BANGALORE 560032 ... PETITIONERS

(BY SMT:SHWETHA RAVISHANKAR, ADV.)


10

AND:

1. SHESHADRI PURAM LAW COLLEGE


NO. 1, GOVINDARAO STREET,
SHESHADRIPURAM,
BANGALORE 560020
REP. BY ITS PRINCIPAL

2. KARNATAKA STATE LAW UNIVERSITY


NAVANAGAR, HUBLI 580 025
REP. BY ITS REGISTRAR

3. BAR COUNCIL OF INDIA


NO. 21, ROUSE AVENUE INSTITUTIONAL AREA,
NEAR BAL BHAVAN,
NEW DELHI 110002
REP. BY ITS CHAIRMAN/SECRETARY ... RESPONDENTS

(BY SRI.GANAPATHI BHAT, ADV. FOR R2;


SMT.M.P.GEETHADEVI, ADV. FOR R3;
R-1 IS SERVED)

THESE WRIT PETITIONS ARE FILED UNDER ARTICLE 226


OF THE CONSTITUTION OF INDIA PRAYING TO QUASH ANNEX-C
DTD.31.10.2015 AND DIRECT THE RESPONDENTS TO CONFIRM
THE ADMISSION OF THE PETITIONERS TO THE 3 YEARS
BACHELOR OF LAW COURSE.

In Writ Petition Nos.49126-49130 & 49131/2015

BETWEEN:

1. MR RAGHAVENDRA S
AGED 21 YEARS,
SON OF SRINIVAS GOWDA,
RESIDING AT MALLANDUR VILLAGE,
AGUMBE POST,
SHIVAMOGGA DISTRICT -577 411.
11

2. MR AKSHATH KUMAR
AGED 21 YEARS,
SON OF PRABHAKAR ACHARYA,
RESIDING AT SHREE YAKSHA,
MADIKETTU HOUSE,
MOODUBELE-576120.

3. MR SHANKAR NAIK
AGED 32 YEARS,
SON OF RAMAKRISHNA NAIK,
RESIDING AT BEKUR, KATAGAR KOPPS POST,
BHATKALA TALUK, KARWAR DISTRICT.

4. MR SHABA
AGED 27 YEARS,
SON OF ISMAIL SAHEB,
RESIDING AT JANATHA HOUSE,
AIRODY VILLAGE, MABUKALA POST,
UDUPI DISTRICT.

5. MR AMALAPPA
AGED 25 YEARS,
SON OF KUMARAPPA DORI,
RESIDING AT SHORAPURA, POST MALLABI,
YADGIRI DISTRICT-585216.

6. VAIKUNTA BALIGA COLLEGE OF LAW


KUNJIBETTU UDUPI 576102
REPRESENTED BY ITS PRINCIPAL
PROF. PRAKSH KANIVE. ... PETITIONERS

(BY SRI. P P HEGDE, ADV.)

AND:

1. KARNATAKA STATE LAW UNIVERSITY


NAVANAGAR,
HUBBALLI - 580 025.
12

THROUGH ITS REGISTRAR.

2. BAR COUNCIL OF INDIA


NO. 21, ROUSE AVENUE INSTITUTIONAL AREA,
NEAR BAL BHAVAN,
NEW DELHI 110002
REP. BY ITS CHAIRMAN/SECRETARY ... RESPONDENTS

(BY SRI.GANAPATHI BHAT, ADV.)

THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226


AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH
THE COMMUNICATION / LETTER DATED 3.10.2015 ISSUED BY
THE RESPONDENT VIDE ANN-G IN SO FAR AS NOT APPROVING
THE ADMISSION OF PETITIONER NO.1 TO 5 TO THREE YEARS
LL.B COURSE AND ETC.,.

In Writ Petition Nos.49157 & 49158-49159/2015


BETWEEN:

1. MS SHAILIKA
AGED 18 YEARS
D/O RAMESH SUVARNA,
R/AT PARPALE,
NEAR K.E.B.OFFICE,
KARKALA-574 104

2. MR LANCE CHRISTOPHER D SILVA


AGED 22 YEARS
S/O DONALD D SILVA,
R/AT DOOR NO.4/275/A,
"MORNING STAR"
OPP: INDUSTRIAL AREA,
ALEVOOR,MANIPAL,
UDUPI DISTRICT-576 104

3. VAIKUNTA BALIGA COLLEGE OF LAW


13

KUNJIBETTU, UDUPI-2
REPRESENTED BY ITS
PRINCIPAL PROF. PRAKASH KANIVE,
AGED ABOUT 55 YEARS,
S/O K MANJAPPA GOWDA ... PETITIONERS

(BY SRI.P P HEGDE, ADV.)

AND:

1. KARNATAKA STATE LAW UNIVERSITY


NAVANAGAR,
HUBBALLI - 580 025.
THROUGH ITS REGISTRAR.

2. BAR COUNCIL OF INDIA


NO. 21, ROUSE AVENUE INSTITUTIONAL AREA,
NEAR BAL BHAVAN,
NEW DELHI 110002
REP. BY ITS CHAIRMAN/SECRETARY ... RESPONDENTS

(BY SRI.GANAPATHI BHAT, ADV.)

THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226


AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH
THE COMMUNICATION / LETTER DATED 31.10.2015 ISSUED BY
THE RESPONDENT VIDE ANN-D IN SO FAR AS NOT APPROVING
THE ADMISSION OF PETITIONER NO.1 AND 2 TO FIVE YEARS
LL.B COURSE AND ETC.,.

In Writ Petition No.49841/2015

BETWEEN:

SHARATH B S
S/O SATHISH B.M.
AGED ABOUT 28 YEARS,
14

STUDENT
R/O BAMAHALLI VILLAGE,
HOSALLI HOBLI,
MUDGERE TALUK - 577 132
CHICKMAGALUR DIST. ... PETITIONER

(BY SRI.K B ONKAR, ADV.)

AND:

1. THE REGISTRAR
KARNATAKA STATE LAW UNIVERSITY (KSLU)
NAVA NAGAR, HUBLI-580025
DHARWAD.

2. THE PRINCIPAL
M.K.SREENIVASA SETTY LAW COLLEGE,
K.M. ROAD, CHICKMAGALORE-577 102.

3. THE STATE OF KARNATAKA


THE DEPARTMENT OF LAW
REP. BY ITS PRINCIPAL SECRETARY
VIKASA SOUDHA,
BENGALURU-560 001. ... RESPONDENTS

(BY SRI. GANAPATHI BHAT, ADV. FOR R1;


R-2 IS SERVED, SMT.PRAMODHINI KISHAN, HCGP FOR R3)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND


227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH OR
SET ASIDE THE ORDER DTD.31.10.2015 SO FAR AS THE
PETITION IS CONCERNED AS PER ANNEX-D; DIRECT THE R-1
TO ACCORD APPROVAL FOR THE ADMISSION DTD.27.7.2015 OF
THE PETITIONER FOR 3 YEARS LL.B. COURSE FOR THE
ACADEMIC YEAR 2015-16.

In Writ Petition No.50353/2015


15

BETWEEN:

SRI RAVI S
AGED ABOUT 22 YEARS,
S/O.SRINIVASA B.,
R/AT NO.63, 3RD CROSS,
LALBAGH ROAD,
BENGALURU-560027. ... PETITIONER

(BY SRI. ABHINAV R, ADV.)

AND:

1. KARNATAKA STATE LAW UNIVERSITY


NAVANAGAR,
HUBLI – 580 025,
REPRESENTED BY ITS REGISTRAR.

2. THE VISVESWARAPURA COLLEGE OF LAW


K.R. ROAD, V.V.PURAM,
BENGALURU-560004.
REPRESENTED BY ITS PRINCIPAL. ... RESPONDENTS

(BY SRI. GANAPATHI BHAT, ADV. FOR R1;


R-2 IS SERVED )

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND


227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
ENDORSEMENT DTD.31.10.2015 ISSUED BY THE R-1 AT ANNEX-
F AND THEREBY HOLD THAT THE PETITIONER IS ELIGIBLE TO
UNDERTAKE THE 3 YEARS LL.B. COURSE OFFERED BY THE R-1.

In Writ Petition Nos. 51771-51774/2015

BETWEEN:
16

1. SUNIL S
S/O SRINIVASA,
AGED ABOUT 29 YEARS,
R/AT NO. 258, 80 FEET ROAD,
K.H.B.COLONY,
BANGALORE - 79.

2. SHRIDHAR S
S/O SRINIVASA A,
AGED ABOUT 35 YEARS,
R/AT NO. 84/2, NEW NO. 205,
2ND MAIN, GOTTIGERE POST,
BANNERGHATA ROAD, BANGALORE - 83

3. SHARADAMMA P S
D/O SWAMY P G,
AGED ABOUT 43 YEARS,
R/AT NO. 340, BEFORE BDA QUARTERS,
AUSTIN TOWN LAYOUT,
NEELASANDRA, BANGALORE - 47.

4. UMASHANAKAR V
S/O VEDAGIRI V,
AGED ABOUT 44 YEARS,
R/AT NO. 17A, K.K.R.AVENUE,
SEMBIUM, CHENNAI - 600 011. ... PETITIONERS

(BY SRI.M V HIREMATH, ADV.)

AND:

1. THE PRINCIPAL
BALAJI COLLEGE OF LAW,
NO. F-38, GIRIYAPPA COMPLEX,
80 FEET ROAD, K.H.B.COLONY,
BASAVESHWAR NAGAR, BANGALORE - 560 079.

2. THE KARNATAKA STATE LAW UNIVERSITY


REPRESENTED BY ITS REGISTRAR,
17

NAVANAGARA, HUBLI - 580 025.

3. THE BAR COUNCIL OF INDIA


REPTD. BY ITS CHAIRMAN,
NO.21, HOUSE AVENUE INSTITUTIONAL AREA,
NEW DELHI - 110 022.

... RESPONDENTS

(BY SRI. GANAPATHI BHAT, ADV. FOR R2;


SMT.M.P.GEETHADEVI, ADV. FOR R3;
SRI.RAJASHEKHAR, ADV. FOR R1)

THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226


AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH
THE ENDORSEMENT DATED 31.10.2015 ISSUED BY THE R-2
VIDE ANN-N IN SO FAR AS IT RELATES TO THE PETITIONERS
ARE CONCERNED; DIRECT THE RESPONDENTS TO APPROVE THE
ADMISSION OF THE PETITIONERS TO THE 1ST SEMESTER OF 3
YEARS LL.B COURSE FOR THE ACADEMIC YEAR 2015-16.

In Writ Petition No.53819/2015

BETWEEN:

SYED YEJUS PASHA


S/O SYED ISMAYIL
AGED ABOUT 30 YEARS,
RESIDING AT NO.65/193,
3RD BLOCK, S.G.HALLI,
BASAWESHWARANAGAR,
BANGALORE – 560 079. ... PETITIONER

(BY SMT.AARTI MUNDKUR, ADV.)

AND:
18

1. RAJIV GANDHI COLLEGE OF LAW


CORPORATION BOY’S HIGH SCHOOL BUILDING,
1ST TEMPLE STREET,
11TH CROSS ROAD,
KODANDARAMPURA, MALLESHWARAM,
BANGALORE – 560 003.

2. KARNATAKA STATE LAW UNIVERSITY


SUTAGATTI ROAD,
NEAR RTO OFFICE NAVANAGAR HUBLI,
KARNATAKA – 580 025

3. BAR COUNCIL OF INDIA


NO.21, ROUSE AVENUE INSTITUTIONAL AREA
NEAR BAL BHAVAN
NEW DELHI-110002.
REPRESENTED BY ITS CHAIRMAN/SECRETARY

... RESPONDENTS

(BY SRI. GANAPATHI BHAT,ADV. FOR R2;


SMT.M.P.GEETHADEVI, ADV. FOR R3 )

THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF


THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER
DATED 31.10.2015 VIDE ANN-A PASSED BY THE R-2 STATING
THAT THE ADMISSION OF PETITIONER IS DISAPPROVED AS HE
HAS COMPLETED HIS +2 IN PRIVATE; DIRECT THE R-1 TO
COLLECT THE REQUISITE EXAMINATION FEE FROM THE
PETITIONER.

In Writ Petition No. 54579/2015

BETWEEN:

SRI.KANTHARAJU P
S/O. SRI. PARAMESHWARAPPA.K.,
19

AGED ABOUT 23 YEARS,


I YEAR B.A., LL.B., (5 YEARS COURSE),
SARASWATHI LAW COLLEGE,
CHITRADURGA,
R/AT KATRIKENAHALLI,
HIRIYUR TALUK,
KASBA HOBLI, CHITRADURGA DISTRICT.

... PETITIONER

(BY SRI.M.P.SRIKANTH, ADV. FOR


SRI. PARTHASARATHI M S, ADV.)

AND:

1. THE STATE OF KARNATAKA


BY ITS SECRETARY TO THE GOVERNMENT,
PRIMARY & SECONDARY EDUCATION DEPARTMENT,
M.S. BUILDING,
DR. AMBEDKAR VEEDHI,
BANGALORE-560 001.

2. THE DIRECTOR
PRE-UNIVERSITY EDUCATION DEPARTMENT,
18TH CROSS, SAMPIGE ROAD,
MALLESWARAM,
BANGALORE-560 003.

3. BAR COUNCIL OF INDIA


REPTD. BY ITS CHAIRMAN/SECRETARY,
NO.21, ROUSE AVENUE,
INSTITUTIONAL AREA,
NEW DELHI-110 002.

4. KARNATAKA STATE BAR COUNCIL OF INDIA


REPTD. BY ITS SECRETARY,
K.G.I.D. BUILDING,
VIDHANA VEEDHI,
BANGALORE-560 001.
20

5. KARNATAKA STATE LAW UNIVERSITY


REPTD. BY ITS REGISTRAR,
NAVANAGAR,
HUBLI-20.

6. THE PRINCIPAL
SARASWATHI LAW COLLEGE,
CHITRADURGA,
CHITRADURGA DISTRICT-577501 ... RESPONDENTS

(BY SMT.PRAMODHINI KISHAN, HCGP FOR R1 & 2;


SMT.GEETHADEVI, ADV. FOR R3;
SRI.C.M.POONACHA, ADV. FOR R4;
SRI.GANAPATHI BHAT, ADV. FOR 5;
R-6 IS SERVED)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND


227 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE
SECTION 49[1][AF] OF ADVOCATES ACT, 1961 [VIDE ANNEX-J]
AS UNCONSTITUTIONAL. QUASH THE EXPLANATION PROVIDED
TO RULE 5[B] OF THE RULES OF LEGAL EDUCATION, 2008 [VIDE
ANNEX-K] FRAMED UNDER THE PROVISIONS OF SECTION 49 OF
THE ADVOCATES ACT, 1961. QUASH THE ORDER
DTD.30.10.2015 ISSUED BY THE R-5 TO THE R-6 COLLEGE IN
SO FAR AS REJECTING THE APPROVAL OF ADMISSION OF THE
PETITIONER VIDE ANNEX-H. DIRECT THE R-5 TO APPROVE THE
ADMISSION OF THE PETITIONER MADE IN THE R-6 COLLEGE.

In Writ Petition Nos. 54809-54812 & 54813-54815/2015


BETWEEN:

1. NAGARAJA K S
S/O SUBBARAJU
AGED ABOUT 27 YEARS,
RESIDING AT: KT ROAD,
MUTHYALPET,
21

MULABAGAL,
MULABAGAL TALUK,
KOLAR DISTIRCT-563131.

2. VIJAY KUMAR
S/O RAMASWAMY
AGED 35 YEARS,
RESIDING AT: WARD NO.4,
TANK BUND ROAD,
CHINTHAMANI,
CHIKKABALLAPUR DISTRICT-563125.

3. HARISHA D.S
S/O SEETHARAMAIAH
AGED ABOUT 26 YEARS,
RESIDING AT: DINNAHALLI VILLAGE,
NEAR BUS STAND, MASTHI HOBLI,
MALUR TALUK,
KOLAR DISTRICT-563130.

4. H. PARAMESHWARAN
S/O HARIHARAN T.S
AGED ABOUT 50 YEARS,
RESIDING AT: NO.43, BHARANI APARTMENTS,
NO.50, ALUMELUMANGAPURAM,
MYLAPUR, CHENNAI-600004.

5. KRISHNAMURTHY
S/O MUNIRATHNAM SHETTY
AGED ABOUT 27 YEARS
RESIDING AT: CHIKKANAHALLI VILLAGE,
THIMMARAVUTHANALLI,
MULBAGAL-563131.

6. RAGHVENDRA REDDY
S/O GOVINDAPPA B.S
AGED 29 YEARS,
BYAPPANAHALLI VILLAGE,
SUGATUR POST, KOLAR DISTRICT-563 102.
22

7. T. TAMIZHARASI KANNAKI
D/O THENNAGAYENDRAN
AGED ABOUT 47 YEARS,
NO.53, SAHAYAMAKHA STREET,
SARASWATHI, DEVAKOTTAI,
TAMILNADU-630302. ... PETITIONERS

(BY SRI. SACHIDANANDA K, ADV.)

AND:

1. BASAVASHREE COLLEGE OF LAW


GAJALADINNE, KNS POST, NEAR DSO OFFICE,
KOLAR-563101
REP. BY ITS PRINCIPAL

2. KARNATAKA STATE LAW UNIVERSITY


NAVANAGAR, HUBLI-580025
REPRESENTED BY ITS REGISTRAR.

3. BAR COUNCIL OF INDIA


NO.21, ROUSE AVENUE, INSTITUTIONAL AREA,
NEAR BAL BHAVAN, NEW DELHI-110002,
REPRESENTED BY ITS CHAIRMAN/SECRETARY.

... RESPONDENTS
(BY SMT.GEETHADEVI M P, ADV. FOR R3;
SRI.GANAPATHI BHAT, ADV. FOR R2,
SRI.MUKUNDA P ADV. FOR R1)

THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226


AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH
THE ORDERS / PROFORMS DTD:31.10.2015 PRODUCED AT
ANNEXURE-A DTD:31.10.2015 PRODUCED AT ANNEXURE-B
PASSED BY R-2; DIRECT TO THE R-2 TO APPROVE THE NAMES
OF THE PETITIONERS FOR THE LAW COURSE FOR THE
23

ACADEMIC YEAR 2015-16 AND PERMIT THEM TO APPEAR IN THE


EXAMINATIONS.

In Writ Petition No. 57628/2015

BETWEEN:

MRS LAKSHMI D V
D/O VENKATAPATHI D K,
AGED ABOUT 34 YEARS,
R/AT NO. 55,
4TH CROSS, VENKATESHWARA
NILAYA DRC POST,
BANGALORE 560 027 PETITIONER

(BY SRI.S H BATHUSHA, ADV.)

AND:

1. KARNATAKA STATE LAW UNIVERSITY


NAVANAGAR,
HUBLI 580025
REP. BY ITS REGISTRAR

2. AL-AMEEN COLLEGE OF LAW


NO. 69, BEHIND AL-AMEEN TOWER
HOSUR ROAD,
NEAR LALBAGH MAIN GATE,
BANGALORE 560027
REP BY ITS PRINCIPAL

3. BAR COUNCIL OF INDIA


NO. 21, ROUSE AVENUE,
INSTITUTIONAL AREA, NEAR BALBHABURY,
NEW DELHI 110002
REP. BY ITS PRESIDENT/ CHAIRMAN

4. STATE OF KARNATAKA
24

DEPT. OF PRE UNIVERSITY EDUCATION,


SAMPIGE ROAD, 18TH CROSS,
MALLESHWARAM
BENGALURU 560012
REP BY ITS PRINCIPAL SECRETARY

... RESPONDENTS

(BY SRI.GANAPATHI BHAT, ADV. FOR R1;


R-2 IS SERVED, SMT.M.P.GEETHADEVI, ADV. FOR R3;
SMT.PRAMODHINI KISHAN, HCGP FOR R4 )

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND


227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
CIRCULAR DATED 24.8.2015 ISSUED BY THE R-1 VIDE ANN-A
AND IN CONSEQUENCE ORDER THE R-1 AND 2 TO GIVE
ADMISSION TO THE PETITIONER IN 3 YEAR LL.B COURSE.

In Writ Petitions Nos.47656 & 47658/2015

BETWEEN:

1. MISS BHUVANESWARI S
I YEAR BBA, LLB, SECTION-A,
D/O SRI SHENBAGA KUMAR.G,
AGED ABOUT 18 YEARS,
K.L.E. SOCIETY’S LAW COLLEGE,
POST BOX NO.1059,
2ND BLOCK, RAJAJINAGAR,
BANGALORE - 560 010.
R/AT JAIN HOSTEL, ROOM NO.34,
C-1747, 1ST C MAIN ROAD,
D COMPLEX, II STAGE,
RAJAJINAGAR,
BANGALORE - 560 034.
25

2. MISS. LISHA NEPAL,


I YEAR BA., LL.B., SECTION-B,
D/O SRI RAMSHARAN NEPALI,
AGED ABOUT 21 YEARS,
K.L.E. SOCIETY’S LAW COLLEGE,
POST BOX NO.1059,
2ND BLOCK, RAJAJINAGAR,
BANGALORE - 560 010.
R/AT JAIN HOSTEL, ROOM NO.33,
C-1747, 1ST C MAIN ROAD,
D COMPLEX, II STAGE,
RAJAJINAGAR, BANGALORE-560 034.

3. SRI RATNESH KUMAR GAUTAM


I YEAR BBA., LL.B., SECTION-A,
S/O SRI JAGDISH KUMAR,
AGED ABOUT 18 YEARS,
R/AT K.L.E. SOCIETY’S LAW COLLEGE,
POST BOX NO.1059, 2ND BLOCK,
RAJAJINAGAR, BANGALORE - 560 010.
R/AT NO.228/3, 27TH CROSS,
2ND BLOCK, RAJAJINAGAR,
BANGALORE - 560 010. ... PETITIONERS

(BY SRI.M.P.SRIKANTH, ADV. FOR


SRI. M S PARTHASARATHI, ADV.)

AND:

1. BAR COUNCIL OF INDIA


REPTD. BY ITS CHAIRMAN/SECRETARY,
NO.21, ROUSE AVENUE,
INSTITUTIONAL AREA
NEW DELHI-110 002.

2. KARNATAKA STATE BAR COUNCIL OF INDIA


REPTD. BY ITS SECRETARY,
K.G.I.D. BUILDING,
VIDHANA VEEDHI,
26

BANGALORE-560 001.

3. KARNATAKA STATE LAW UNIVERSITY


REPD. BY ITS REGISTRAR,
NAVANAGAR,
HUBLI-20.

4. NATIONAL INSTITUTE OF OPEN SCHOOL


AUTONOMOUS ORGANIZATION UNDER
DEPARTMENT OF SCHOOL EDUCATION AND LITERACY,
MHRD, GOVERNMENT OF INDIA,
NEW DELHI-110 001.
BY ITS DIRECTOR.

5. THE PRINCIPAL
K.L.E. SOCIETY’S LAW COLLEGE,
POST BOX NO.1059,
2ND BLOCK, RAJAJINAGAR,
BANGALORE - 560 010. ... RESPONDENTS

(BY SMT.M P GEETHADEVI, ADV. FOR R1;


SRI.GANAPATHI BHAT, ADV. FOR R3;
NOTICE NOT ORDERED TO R2 AND R5;
SRI.C.SHASHIKANTHA, ADV. FOR R4)

THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226


AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
DECLARE SECTION 49 (1)(af) OF ADVOCATES ACT, 1961 (VIDE
ANNEXURE-L) AS UNCONSTITUTIONAL. QUASH THE
EXPLANATION PROVIDED TO RULE 5(b) OF THE RILES OF LEGAL
EDUCATION, 2008) VIDE ANNEXURE-M FRAMED UNDER THE
PROVISIONS OF SECTION 49 OF THE ADVOCATES ACT,
1961.QUASH THE ENDORSEMENT DTD:27.07.2015 (ANNEXURE-
H) ISSUED BY THE R-3 IN RESPECT OF P-1. QUASH THE
ENDORSEMENT DTD:28.08.2015 (ANNEXURE-J) ISSUED BY THE
R-3 IN RESPECT OF -2ND PETITONER. DIRECT THE R-3 TO
APPROVE THE ADMISSIONS OF THE P-1 & 3 MADE IN THE R-4
INSTITUTION.
27

In Writ Petition No.49124/2015

BETWEEN:

SRI SHABU L
S/O LAKSHMANAN,
AGED ABOUT 28 YEARS
C/O SANTHOSH KUMAR,
NO.309,1ST FLOOR,
BALAJI ENCLAVE,
DWARAKANAGAR,IAF POST,
BANGALORE-560 063 ... PETITIONER

(BY SRI.RAMAKRISHNA B S, ADV. )

AND:

1. THE BAR COUNCIL OF INDIA


REPRESENTED BY ITS SECRETARY,
# 21,ROUSE AVENUE,
INSTITUTIONAL AREA,
NEW DELHI-110 002

2. THE KARNATAKA STATE LAW UNIVERSITY


NAVNAGAR,HUBLI-580 025
REPRESENTED BY ITS REGISTRAR

3. INDIRA PRIYADARSHINI COLLEGE OF LAW


#E639,SHANTHOSH NAGARA,
ATTUR POST, YELHANKA NEW TOWN
BANGALORE-560 016

4. THE STATE OF KARNATAKA


REPRESENTED BY ITS PRINCIPAL
SECRETARY TO GOVERNMENT,
DEPARTMENT OF HIGHER EDUCATION,
M S BUILDING,
DR B R AMBEDKAR VEEDI,
28

BANGALORE-560 001 ... RESPONDENTS

(BY SRI.M P GEETHA DEVI, ADV. FOR R1 & R3;


SRI.GANAPATHI BHAT, ADV. FOR R2;
SMT.PRAMODHINI KISHAN, HCGP FOR R4 )

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND


227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
REJECTION OF THE PETITIONER'S ADMISSION TO THE 3 YEAR
LL.B COURSE FOR THE ACADEMIC YEAR 2015-16 VIDE LETTER
DATED 31.10.2015 ISSUED BY THE REGISTRAR OF THE R-2
VIDE ANN-A IN SO FAR AS IT RELATES TO NOT APPROVING THE
ADMISSIONS OF THE PETITIONER TO THE 3 YEAR LL.B COURSE
AND ETC.,.

In Writ Petition No.48648/2015

BETWEEN:

SRI.BASAVARAJ HIREBIDARI
S/O GANGADHARAPPA
AGED ABOUT 23 YEARS
R/AT DUGGAVATHI POST,
HARAPANAHALLI TALUK
DAVANAGERE DISTRICT-583137 ... PETITIONER

(BY SRI.M V HIREMATH, ADV.)

AND:

1. THE PRINCIPAL
R.L. LAW COLLEGE,
DAVANGERE-577002

2. THE KARNATAKA STATE LAW UNIVERSITY,


REP BY ITS REGISTRAR, NAVANAGARA,
HUBLI-580025
29

3. THE BAR COUNCIL OF INDIA


REP. BY ITS CHAIRMAN,
NO.21, HOUSE AVENUE INSTITUTIONAL AREA,
NEW DELHI-110022
... RESPONDENTS

(BY SRI.GANAPATHI BHAT, ADV. FOR R2;


SMT.M.P.GEETHADEVI, ADV. FOR R3)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND


227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
ENDORSEMENT DTD.30.10.2015 ISSUED BY THE R-2 VIDE
ANNEX-K IN SO FAR AS IT RELATES TO THE PETITIONER.
DIRECT THE RESPONDENTS TO APPROVE THE ADMISSION OF
THE PETITIONER TO THE 1ST SEMESTER OF 3 YEARS LL.B.
COURSE FOR THE ACADEMIC YEAR 2015-16.

In Writ Petition No.49308/2015

BETWEEN:

SRI. MAYANK BHATT


I YEAR BBA LL B SECTION – ‘B’
S/O SRI DINESH CHAND BHATT,
AGED ABOUT 18 YEARS
K L E SOCIETY’S LAW COLLEGE
POST BOX NO 1059, 2ND BLOCK,
RAJAJINAGAR, BANGALORE - 560010

R/AT JAIN HOSTEL ROOM NO 22,


C-1747 1ST C MAIN ROAD ,
D COMPLEX II STAGE RAJAJINAGAR,
BANGALORE – 560034 ... PETITIONERS

(BY SRI.M.P.SRIKANTH, ADV. FOR


30

SRI.M S PARTHASARATHI, ADV. )

AND:

1. BAR COUNCIL OF INDIA


REPTD. BY ITS CHAIRMAN/SECRETARY,
NO.21, ROUSE AVENUE,
INSTITUTIONAL AREA
NEW DELHI-110 002.

2. KARNATAKA STATE BAR COUNCIL OF INDIA


REPTD. BY ITS SECRETARY,
K.G.I.D. BUILDING,
VIDHANA VEEDHI,
BANGALORE-560 001.

3. KARNATAKA STATE LAW UNIVERSITY


REPD. BY ITS REGISTRAR,
NAVANAGAR,
HUBLI-20.

4. NATIONAL INSTITUTE OF OPEN SCHOOL


AUTONOMOUS ORGANIZATION UNDER
DEPARTMENT OF SCHOOL EDUCATION AND LITERACY,
MHRD, GOVERNMENT OF INDIA,
NEW DELHI-110 001.
BY ITS DIRECTOR.

5. THE PRINCIPAL
K.L.E. SOCIETY’S LAW COLLEGE,
POST BOX NO.1059,
2ND BLOCK, RAJAJINAGAR,
BANGALORE - 560 010. ... RESPONDENTS

(BY SMT : M P GEETHADEVI, ADV. FOR R1;


SRI.GANAPATHI BHAT, ADV. FOR R3;
NOTICE NOT ORDERED TO R2 AND R5;
SRI.C.SHASHIKANTHA, ADV. FOR R4)
31

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND


227 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE
SECTION 49[1][af] OF ADVOCATES ACT, 1961 [VIDE ANNEX-G]
AS UNCONSTITUTIONAL. DECLARE THE EXPLANATION
PROVIDED TO RULE 5[b] OF THE RULES OF LEGAL EDUCATION,
2008 [VIDE ANNEX-H] FRAMED UNDER THE PROVISIONS OF
SECTION 49 OF THE ADVOCATES ACT, 1961 AND ETC.,.

In Writ Petition No.50441/2015

BETWEEN:

BABU A
AGED 28 YEARS,
STUDENT,
1ST YEAR CLASS, 3RD YEAR LLB COURSE,
SUFIYA LAW COLLEGE, HMS CAMPUS,
SHETTIHALLI ROAD, TUMAKURU - 572 103.

R/AT BEHIND RAILWAY STATION,


LABOUR UNION OFFICE ROAD,
SHANTHINAGAR, TUMAKURU - 572 0102. ... PETITIONER

(BY SRI.A VASANTHA KUMAR , ADV. )

AND:

1. VICE CHANCELLOR
KARNATAKA STATE LAW UNIVERSITY,
NAVANAGAR, HUBBALLI - 580 025.

2. REGISTRAR (ACADEMIC)
KARNATAKA STATE LAW UNIVERSITY
NAVANAGAR, HUBBALLI - 580 025.

3. ADMISSIONS SECTION HEAD


KARNATAKA STATE LAW UNIVERSITY
NAVANAGAR, HUBBALLI - 580 025.
32

4. CHAIRMAN
HMS EDUCATION SOCIETY (R)
SHETTIHALLI ROAD, TUMAKURU - 572 103.

5. PRINCIPAL
SUFIYA LAW COLLEGE,
HMS SHETTIHALLI ROAD, TUMAKURU - 572 103.

... RESPONDENTS

(BY SRI.GANAPATHI BHAT, ADV. FOR R1 TO R3)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND


227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE
DIRECTION OF THE WRIT OF THE MANDAMUS OR THE WRIT OF
THE CERTIORARI TO THE KARNATAKA STATE LAW UNIVERSITY
TO APPROVE THE PETITIONER'S ADMISSION TO THE 3YEAR LLB
COURSE AND ETC.,.

In Writ Petition No.51083/2015

BETWEEN:

SRI. MOHAMMED RAFIULLA


S/O MOHAMMED SHAFIULLA,
AGED ABOUT 21 YEARS,
R/AT NO.3, 3RD MAIN ROAD,
AROGYAMMA LAYOUT,
VENKATESHPURAM,
BANGALORE - 560 045. ... PETITIONER

(BY SRI.M V HIREMATH, ADV. )

AND:

1. THE PRINCIPAL
BENGALURU LAW COLLEGE,
33

NO. 19/74, 8TH CROSS,


SHAKTHI GANAPATHI NAGAR,
KAMALANAGAR MAIN ROAD,
BASAVESHWARANAGAR,
NEAR ASHOKA HOSPITAL,
BENGALURU - 560 079.

2. THE KARNATAKA STATE LAW UNIVERSITY


REP. BY ITS REGISTRAR,
NAVANAGARA, HUBLI - 580 025.

3. THE BAR COUNCIL OF INDIA


REP. BY ITS CHAIRMAN,
NO. 21, HOUSE AVENUE INDUSTRIAL AREA,
NEW DELHI - 110 022. ... RESPONDENTS

(BY SRI.GANAPATHI BHAT, ADV. FOR R2;


SMT.M.P.GEETHADEVI, ADV. FOR R3;
R-1 IS SERVED)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND


227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
ENDORSEMENT DTD.31.10.2015 ISSUED BY THE R-2 AS PER
ANNEX-F IN SO FOR AS IT RELATES TO THE PETITIONER AND
DIRECT THE RESPONDENTS TO APPROVE THE ADMISSION OF
THE PETITIONER TO 1ST SEMESTER OF 5 YEARS LL.B., COURSE
FOR ACADEMIC YEAR 2015-16.

In Writ Petition No.51877/2015

BETWEEN:

SRI SATHISH KUMAR C


S/O. P. CHANNASWAMY,
AGED ABOUT 21 YEARS,
RESIDENT OF NO.84,
KAMARAJAR SALAI, LAKSHMIPURAM,
34

THIRUVANMIYUR, CHENNAI,
TAMILNADU – 600 041
AND ALSO AT D.S.S. BOYS HOSTEL,
RISALDAR STREET,
SHESHADRIPURAM,
BANGALORE - 560 020. ... PETITIONER

(BY SRI.K M RAVIKUMAR, ADV.)

AND:

1. THE REGISTRAR
THE KARNATAKA STATE LAW UNIVERSITY,
NAVANAGAR, HUBLI-580025

2. THE PRINCIPAL
DR. B.R. AMBEDKAR LAW COLLEGE,
NO.2, 5TH MAIN ROAD,
SRIRAMPURAM,
BANGALORE-560 021. ... RESPONDENTS

(BY SRI.GANAPATHI BHAT, ADV. FOR R1)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND


227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE
RESPONDENTS TO APPROVED THE ADMISSION OF THE
PETITIONER WHO HAS ADMITTED ON 31.10.2015, VIDE ANNX-A
IMMEDIATELY AND DIRECT THE RESPONDENT TO PERMIT THE
PETITIONER TO PROCEED WITH THE I SEMESTER OF 5 YEARS
LL.B., COURSE.

In Writ Petition No.52481/2015

BETWEEN:

MR. KARTHIK REDDY R


S/O RAJA REDDY K M
AGED ABOUT 22 YEARS
35

RESIDING AT SONNASHETTY HALLI VILLAGE


2ND CROSS, CHINTAMANI TALUK
CHIKKABALLAPUR DISTRICT ... PETITIONER

(BY SRI.RAKSHIT K N, ADV.)

AND:

1. STATE OF KARNATAKA
REPRESENTED BY ITS PRINCIPAL SECRETARY
DEPARTMENT OF HIGHER EDUCATION
VIKASA SOUDHA
BANGALORE – 560 001

2. THE KARNATAKA STATE LAW UNIVERSITY


REPRESENTED BY ITS REGISTRAR
NAVANAGAR HUBLI – 580 025

3. THE BAR COUNCIL OF INDIA


REPRESENTED BY ITS SECRETARY
NO.21, ROUSE AVENUE
INSTITUTIONAL AREA
NEW DELHI - 110002

4. VIVEKANANDA COLLEGE OF LAW


REPRESENTED BY ITS PRINCIPAL,
NO.12/1 3RD CROSS MARUTHI EXTENSION,
GAYATHRI NAGAR, BANGALORE - 560002

... RESPONDENTS

(BY SMT. PRAMODHINI KISHAN, HCGP FOR R1;


SRI.GANAPATHI BHAT, ADV. FOR R2)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND


227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
COMMUNICATION MADE BY THE R-2 TO THE R-4 DATED
31.10.2015 VIDE ANN-A AND DIRECT THE R-2 TO APPROVE
THEIR ADMISSION GIVEN BY THE R-4.
36

In Writ Petition No.55499/2015

BETWEEN:

SRI.SRINIVASA B.V.
S/O.VENKATACHALAPATHI,
AGED ABOUT 23 YEARS,
R/AT NO.220, SOMESHWARAPALYA,
MULBAGAL, KOLAR DISTRICT,
PIN - 563 131 ... PETITIONER

(BY SRI.SHIVAKUMAR P, ADV.)

AND:

1. THE STATE OF KARNATAKA


REPRESENTED BY ITS SECRETARY,
DEPARTMENT OF HIGHER EDUCATION,
M.S. BUILDING, DR. AMBEDKAR VEEDHI,
BENGALURU-560 001.

2. KARNATAKA STATE LAW UNIVERSITY


NAVANAGAR,
HUBBALLI-580 025,
REP. BY ITS REGISTRAR.

3. THE PRINCIPAL
GOVERNMENT LAW COLLEGE,
KOLAR-563 102.

4. KARNATAKA STATE BAR COUNCIL


OLD KGID BUILDING,
DR. AMBEDKAR VEEDHI,
BENGALURU-560 001.
REP BY ITS CHAIRMAN.

5. THE BAR COUNCIL OF INDIA


REPRESENTED BY ITS CHAIRMAN
37

NO.21, ROUSE AVENUE


INSTITUTIONAL AREA
NEW DELHI – 110002 ... RESPONDENTS

(BY SRI.M.P.GEETHADEVI, ADV. FOR R3;


SMT.PRAMODHINI KISHAN, HCGP FOR R1;
SRI.GANAPATHI BHAT, ADV. FOR R2;
R-3 IS SERVED)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND


227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
ENDORSEMENT / COMMUNICATION DTD.2.12.2015 ISSUED BY
THE R-2 VIDE ANNEX-F & DIRECT THE R-2 & 3 TO APPROVE
THE ADMISSION OF THE PETITIONER AND PERMIT HIM TO
PURSUE FIVE YEARS B.A., LL.B., COURSE.

In Writ Petition Nos.56195-56196/2015

BETWEEN:

SULAIMAN MADANI
S/O MOHAMMED ANSAR SHINGETY,
AGED ABOUT 21 YEARS,
RESIDING AT FAZAL MANZIL,
NEAR USAMANIYA MASJID,
NAWAYATH COLONY,
BHATKAL – 581 320
DISTRICT KARWAR ... PETITIONER

(BY SRI.S A H RAZVI, ADV.)

AND:

1. KARNATAKA STATE LAW UNIVERSITY


38

NAVANAGAR, HUBLI-580025
REPRESENTED BY ITS REGISTRAR

2. AL-AMEEN COLLEGE OF LAW


NO.69, BEHIND AL-AMEEN TOWER
HOSUR ROAD, NEAR LALBAGH MAIN GATE,
BANGALORE -560 027
REPRESENTED BY ITS PRINCIPAL

3. BAR COUNCIL OF INDIA


NO.21, ROUSE AVENUE
INSTITUTIONAL AREA,
NEAR BALBHABURY,
NEW DELHI-110002
REPRESENTED BY ITS
PRESIDENT/CHAIRMAN

4. STATE OF KARNATAKA
KARNATAKA SECONDARY EDUCATION
EXAMINATION BOARD,
6TH CROSS, MALLESHWARAM,
BENGALURU - 560 003
REPRESENTED BY ITS
SECRETARY ... RESPONDENTS

(BY SMT.GEETHA DEVI M P, ADV. FOR R3;


SMT.PRAMODHINI KISHAN, HCGP FOR R4;
R-2 IS SERVED, SRI.GANAPATHI BHAT, ADV. FOR R1)

THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226


AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH
THE CIRCULAR DATED 31.10.2015 ISSUED BY THE R-1 VIDE
ANN-A AND ALSO LETTER DATED 8.12.2015 VIDE ANN-B
ISSUED BY THE R-2 AND IN CONSEQUENCE ORDER THE R-1
AND 2 TO GIVE ADMISSION TO THE PETITIONER IN 5 YEAR
INTEGRATED B.A. LL.B. COURSE.

In Writ Petition No.57447/2015


39

BETWEEN:

MR.SHIVA KUMARA D
S/O CHANDRAPPA,
AGE ABOUT 27 YEARS,
R/AT 84, ARASENAHALLI,
ARASANAHALLI
CHIKKABALLAPURA – 562 101 ... PETITIONER

(BY SRI.RAKSHIT K N, ADV.)

AND:

1. STATE OF KARNATAKA
REP. BY ITS PRINCIPAL SECRETARY,
DEPARTMENT OF HIGHER EDUCATION,
VIKASA SOUDHA,
BANGALORE – 560 001

2. THE KARNATAKA STATE LAW UNIVERSITY


REP. BY ITS REGISTRAR,
NAVA NAGAR, HUBLI – 580 025

3. THE BAR COUNCIL OF INDIA


REP. BY ITS SECRETARY,
NO. 21, ROUSE AVENUE,
INSTITUTIONAL AREA,
NEW DELHI - 110 002

4. KEMPEGOWDA LAW COLLEGE


REP. BY ITS PRINCIPAL,
B.B. ROAD, CHIKKABALLAPURA DISTRICT - 562 101

... RESPONDENTS

(BY SMT.PRAMODHINI KISHAN, HCGP FOR R1;


SMT.GEETHADEVI, M.P., ADV. FOR R3;
SRI.GANAPATHI BHAT, ADV. FOR R2;
40

SRI.D.KUMAR RAJU, ADV. FOR R4)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND


227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
COMMUNICATION MADE BY THE R-2 TO THE R-4 DATED
31.10.2015 VIDE ANN-A AND DIRECT THE R-2 TO APPROVE
THEIR ADMISSION GIVEN BY THE R-4

In Writ Petition No.52815/2015

BETWEEN:

SHIVA KUMAR M
S/O MUNICHENNAPPA
AGED ABOUT 31 YEARS
R/AT SUNNAGHATTA VILLAGE,
A.D.HALLI POST, DEVANAHALLI,
BANGALORE RURAL DISTRICT – 562 101

... PETITIONER

(BY SRI.RAKSHIT K N, ADV.)

AND:

1. STATE OF KARNATAKA
REP BY ITS PRINCIPAL SECRETARY
DEPARTMENT OF HIGHER EDUCATION,
VIKASA SOUDHA,
BANGALORE – 560 001

2. THE KARNATAKA STATE LAW UNIVERSITY


REP. BY ITS REGISTRAR,
NAVA NAGAR, HUBLI – 580 025

3. THE BAR COUNCIL OF INDIA


REP. BY ITS SECRETARY,
NO.21, ROUSE AVENUE,
INSTITUTIONAL AREA,
41

NEW DELHI – 110 002

4. KEMPEGOWDA LAW COLLEGE


THE PRINCIPAL
B.B. ROAD,
CHIKKABALLAPURA DISTRICT – 562 101
... RESPONDENTS

(By SMT.PRAMODHINI KISHAN, HCGP FOR R1;


SRI.GANAPATHI BHAT, ADV. FOR R2;
SMT.GEETHADEVI M.P. ADV. FOR R3;
SRI.D.KUMAR RAJU, ADV. FOR R4)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND


227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
COMMUNICATION MADE BY THE R-2 TO THE R-4
DTD.31.10.2015 VIDE ANNEX-A AND DIRECT THE R-2 TO
APPROVE THEIR ADMISSION GIVEN BY THE R-4.

In writ Petition No.53808/2015

BETWEEN:

BHASKAR GOWDA N M
S/O LATE NARAYANA SWAMY,
AGED ABOUT 24 YEARS,
R/AT NO.132, NALLUR,
REDDIHALLI POST,
DEVANAHALLI - 562 129 ... PETITIONER

(BY SRI.RAKSHIT K N, ADV.)

AND:

1. STATE OF KARNATAKA
REPRESENTED BY ITS PRINCIPAL SECRETARY
DEPARTMENT OF HIGHER EDUCATION,
42

VIKASA SOUDHA,
BANGALORE - 560 001.

2. THE KARNATAKA STATE LAW UNIVERSITY


REPRESENTED BY ITS REGISTRAR,
NAVA NAGAR HUBLI-580 025.

3. THE BAR COUNCIL OF INDIA


REPRESENTED BY ITS SECRETARY,
NO.21, ROUSE AVENUE,
INSTITUTIONAL AREA,
NEW DELHI-110 002.

4. KEMPEGOWDA LAW COLLEGE


REPRESENTED BY ITS PRINCIPAL
B.B.ROAD,
CHIKKABALLAPURA DISTRICT-562 101.

... RESPONDENTS

(BY SMT.PRAMODHINI KISHAN, HCGP FOR R1;


SRI.GANAPATHI BHAT, ADV. FOR R2;
SMT. GEETHADEVI M.P. ADV. FOR R3;
SRI.D.KUMAR RAJU, ADV. FOR R4 )

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND


227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
COMMUNICATION MADE BY THE R-2 TO THE R-4 DATED
31.10.2015 VIDE ANN-A IN SO FAR AS THE PETITIONER IS
CONCERNED AND DIRECT THE R-2 TO APPROVE THEIR
ADMISSION GIVEN BY THE R-4.

In Writ Petition No.50037/2015

BETWEEN:

SRI.VENKATESH B A
S/O ANJANAPPA,
AGED ABOUT 24 YEARS,
43

R/AT GOWDAGONDANAHALLI,
HOSASKERE POST, JAGALURU TALUK,
DAVANAGERE DISTRICT - 577 002. ... PETITIONER

(BY SRI. M V HIREMATH, ADV. )

AND:

1. THE PRINCIPAL
R.L. LAW COLLEGE,
DAVANGERE - 577 002.

2. THE KARNATAKA STATE LAW UNIVERSITY,


REPTED, BY ITS REGISTRAR,
NAVANAGARA, HUBLI - 580 025.

3. THE BAR COUNCIL OF INDIA


REPTED, BY ITS CHAIRMAN, NO.21,
HOUSE AVENUE INSTITUTIONAL AREA,
NEW DELHI - 110 022. ... RESPONDENTS

(BY SRI. GANAPATHI BHAT, ADV. FOR R2;


SMT.GEETHADEVI M P, ADV. FOR R3;
R-1 IS SERVED)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND


227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
ENDORSEMENT DTD.30.10.2015 ISSUED BY THE R-2 VIDE
ANNEX-K IN SO FOR IT RELATES TO THE PETITIONER AND
DIRECT THE RESPONDENTS TO APPROVE THE ADMISSION OF
THE PETITIONER TO THE 1ST SEMESTER OF 3 YEARS LL.B.
COURSE FOR THE ACADEMIC YEAR 2015-16.

In Writ Petition Nos.51435 - 51438/2015

BETWEEN:

1. MR SHIVA RAJA K B
44

S/O.BACHHE GOWDA,
AGED ABOUT 24 YEARS,
RESIDING AT KADVATHI VILLAGE,
NANDI HOBLI,
CHIKKABALLAPUR DISTRICT-562101.

2. SHEELA Y C
D/O.CHANDRAPPA B,
AGED ABOUT 21 YEARS,
RESIDING AT YAMBRAHALLI HOBLI,
KARAHALLI POST,
DEVANAHALLI TALUK,
BANGALORE RURAL DISTRICT – 562 101.

3. HARISHA S
S/O.SHRIRAMAPPA,
AGED ABOUT 23 YEARS,
RESIDING AT NO.115, D.HOSURU,
CHIKKABALLAPUR DISTRICT-562101.

4. PRABHAKARA M
S/O.MUNISHYMAPPA,
AGED ABOUT 23 YEARS,
RESIDING AT NO.04, CHALUMENAHALLI,
CHIKKABALLAPURA TALUK,
CHIKKABALLAPUR DISTRICT-562101.

... PETITIONERS

(BY SRI. RAKSHIT K N, ADV.)

AND:

1. STATE OF KARNATAKA
REPRESENTED BY ITS PRINCIPAL SECRETARY,
DEPARTMENT OF HIGHER EDUCATION,
VIKASA SOUDHA,
BANGALORE-560001.
45

2. THE KARNATAKA STATE LAW UNIVERSITY


REPRESENTED BY ITS REGISTRAR,
NAVA NAGAR HUBLI-5800025.

3. THE BAR COUNCIL OF INDIA


REPRESENTED BY ITS SECRETARY,
NO.21, ROUSE AVENUE,
INSTITUTIONAL AREA,
NEW DELHI-110002.

4. KEMPEGOWDA LAW COLLEGE


REPRESENTED BY ITS PRINCIPAL,
B.B.ROAD,
CHIKKABALLAPURA DISTRICT-562101.

... RESPONDENTS

(BY SMT.PRAMODHINI KISHAN, HCGP FOR R1;


SRI.GANAPATHI BHAT, ADV. FOR R2;
SMT.GEETHADEVI.M.P. ADV. FOR R3;
SRI.D.KUMAR RAJU, ADV. FOR R4)

THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226


AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH
THE COMMUNICATION MADE BY THE R-2 TO THE R-4
DTD.31.10.2015 VIDE ANNEX-A AND DIRECT THE R-2 TO
APPROVE THEIR ADMISSION GIVEN BY THE R-4.

In Writ Petition No.49968/2015

BETWEEN:

SHASHI KUMAR G
S/O GUNASEGARAN
AGED ABOUT 27 YEARS,
NO.9, 8TH MAIN AVALLAHALLI,
BANASHANKARI 3RD STAGE,
BANGALORE – 560084 … PETITIONER
46

(BY SRI.M.V.HIREMATH, ADV.)

AND:

1. THE PRINCIPAL
K.L.E. SOCIETY’S LAW COLLEGE,
PB NO.1059, II BLOCK,
RAJAJINAGAR,
BENGALURU – 560010

2. THE KARNATAKA STATE LAW UNIVERSITY


REPRESENTED BY ITS REGISTRAR.
NAVANAGAR, HUBLI – 580 025

3. THE BAR COUNCIL OF INDIA


REPTD. BY ITS CHAIRMAN,
NO.21, ROUSE AVENUE INSTITUTIONAL AREA,
NEW DELHI – 110 002. ... RESPONDENTS

(BY SRI.GANAPATHI BHAT, ADV. FOR R2;


SMT.M.P.GEETHADEVI, ADV. FOR R3;

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND


227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
ENDORSEMENT DATED 09.11.2015 ISSUED BY THE R-2 VIDE
ANNEX-L AND DIRECT THE RESPONDENTS TO APPROVE THE
ADMISSION OF THE PETITIONER TO THE 1ST SEMESTER OF 3
YEARS LL.B COURSE FOR THE ACADEMIC YEAR 2015- 2016.

THESE PETITIONS HAVING BEEN HEARD AND RESERVED


FOR ORDERS ON 29.11.2016 AND COMING ON FOR
PRONOUNCEMENT OF ORDERS, THIS DAY, THE COURT MADE
THE FOLLOWING:

ORDER
47

These writ petitions are filed by the petitioners being

aggrieved of rejection of their admission to LL.B., course on one

or the other grounds, viz. either the petitioners have not

acquired +2 examination through the regular college or that

they have done their PUC 1st year or the 2nd year through Open

University. In some of the cases, the degree is pursued through

Open University or a University which is not recognized. In W P

No. 50441/2015 the grievance of the petitioner is that he has

pursued regular study by way of 10+2+3 but the college has

mistaken it as 10+3+2 and rejected the admission, which is not

correct. The said writ petition at Sl.No.22 below is dealt with

separately. The writ petition-wise reason for rejection of

admission as mentioned in the endorsement/communication is

mentioned in the following table:

Writ
Sl. Name of the Reasons for rejection
Petition
No. Petitioner/s of admission
No.
Pursued 10+2 as a
1. 36654/2015 Sudharani K
private candidate
Inzamam-Ul- +2 certificate is not
2. 54038/2014
Haq A.R. produced
A Umaya
3. 36656/2015 Private candidate
Kausar
4. 47951/2015 Yuvaraj T +2 private candidate
48

Pursued 10+2 as a
5. 48012/2015 Manjunath Y
private candidate
48014/2015 Saravana Pursued 10+2 as a
Kumar R private candidate
6.
10/12/Degree marks
48633/15 Kishore Kumar
card/PDC pending
Murali A +2 private study/open
48023/2015
Usha S schooling
+2 private study/open
7. Harish N
48634- schooling
636/2015 UG/PG through KSOU
Chaitrashree A
(derecognized by UGC)
Raghavendra S
Aksath kumar
49126- +2 private/10/12/Degree
8. Shankar Naik
130/2015 all open schooling
Shaba
Amalappa
49157/2015 Shailika
9. Lance +2 private
49158/2015 Christopher
D’Silva
10. 49841/2015 Sharath B S +2 private

11. 50353/2015 Ravi S +2 private


Sunil S +2 private
Sridhar S All marks cards pending
51771-
12. Sharadamma P
774/2015 1st PUC clarification
S
Umashankar V +2 private
Syed Yejus
13. 53819/2015 +2 private
Pasha
14. 54579/2015 Kantharaju P +2 private
Nagaraja K S
Vijayaumar
54809-
15. Harisha D S +2 private
15/2015
H.
Parameshwara
49

n
Krishnamurthy
M All marks card pending
Raghavendra (1st PUC clarification)
Reddy
T. Tamizharasi
+2 private
Kannaki
+2 studied as private
16. 57628/2015 Lakshmi D V
candidate
PUC studied at NIOS and
Bhuvaneshwari
there is no proof of two
S
years study at +2 level
47656 &
17. 10th studied at NIOS
658/2015 Lisha Nepali
through open schooling
Ratneshkumar +2 through open
Gautam schooling
+2 private study/open
18. 49124/2015 Shabu. L
schooling
Basavaraj
19. 48648/2015 +2 Board not recognized
Hirebidari
20. 49308/2015 Mayank Bhatt +2 private
10+3+2 pattern
21. 50441/2015 Babu A (petitioner claims it is
10+2+3 pattern)
Mohammed
22. 51083/2015 +2 open schooling
Rafiulla
23. 51877/2015 Satish Kumar C 10+2 private study
Karthik Reddy
24. 52481/2015 +2 private
R
No proof of two years
25. 55499/2015 Srinivasa B V
study at NIOS
Sulaiman
26. 56195/2015 10th as a private study
Madani
Degree through KSOU
27. 57447/2015 Shivakumara D
(derecognized by UGC)
28. 52815/2015 Shivakumar M +2 not done (studied ITI)
Bhaskargowda
29. 53808/2015 +2 private
NM
50

Studied ITI/+2 private/


30. 50037/2015 Venkatesh B A KSOU (2012-13 to 2014-
15)
Shivaraja K B
51435 to Sheela Y C
31. +2 private
438 of 2015 Harisha S
Prabhakara M
Want of PUC 1st year
marks card and
32. 49968/2015 Shashikumar G clarification regarding +2
whether regular or
private

2. The case of the petitioners is that Section 49(1)(af) of

Advocates Act, 1961 enables Bar Council of India (BCI for short)

to frame Rules for discharging its functions under the Act and in

particular, the Rules may prescribe the minimum qualification

required for admission to course of Degree in Law in any

recognized University but it cannot in any manner prescribe as

to how those qualifications are required to be obtained and bar

the students who have acquired School Leaving Certificate i.e.,

10th or 12 std. and through Open School as it is not in its domain

and that therefore the explanation provided to Rule 5(b)of Legal

Education Rules, is ultra vires of the parent Act and is liable to

be quashed. Further the Bar council of India is not justified in

incorporating the explanation to Rule 5(b) and further the


51

respondent cannot refuse the enrolment of such candidates who

have completed LL.B., course.

3. It is stated, a conjoint reading of Section 7(1)(h) and

71)(i) of Advocates Act, clearly shows that the function of Bar

Council of India is only to promote legal education and lay down

standards for such education and also to recognize the

Universities whose degrees in law shall be a qualification for

enrolment but it does not confer any power on the Bar council to

decide about the manner in which the students can acquire the

qualifying examination. Section 49(1)(af) is violative of Article

14 of the Constitution being arbitrary and beyond the functions

of the BCI as provided u/s 7 of the Advocate’s Act, 1961.

Section 49(1)(af) of the Advocates Act, 1961 provides powers to

the Bar Council which will be in the domain of the Universities

imparting legal education. These provisions provide unfettered

absolute power to the Bar Council to delegate on certain aspect

which is not within the functions of the Bar Council which affect

right to carry on the profession and deprive right to education

which is read into Article 21 of the Constitution.


52

4. It is further stated that Rules of the Legal Education

which curtails right to prosecute the study will be arbitrary

and also violative of Article 19(1)(g), 14 and 21 of the

Constitution.

5. I have heard the learned counsel for the petitioners and

the learned counsel appearing for the respondents.

6. The learned counsel for the petitioners submit that

rejection of admission of the petitioners to law course on the

grounds either they have pursued +2 course privately or that

they have obtained degree course through Open University

curtails the right of study to the petitioners and to carry on a

profession. It is further beyond the power and competency of

the BCI to prescribe the mode as to how the required

qualification has to be obtained to seek admission to law

courses. They place reliance on the notification issued by the

Government of Karnataka dated 13.1.2015 to the effect that

students who have passed 12th standard directly are treated to

have passed two years PUC/12th standard and therefore they are
53

to be considered for admission to courses. It is submitted, the

action of the respondents is violative of Articles 14, 19(1)(g) and

21 of the Constitution of India.

7. On the other hand, the learned counsel for the

respondents submit that the BCI is a regulatory Body to

prescribe the eligibility criteria for admissions in law

schools/colleges. The powers of the Bar Council and the validity

of the Legal Education Rules, 2008 has been considered and

affirmed by this Court in W P No.19608/2010 and connected

matters disposed of on 13.3.2014, reported in LAWS (KAR)-

2014-3-36 and by various other High Courts. On a conjoint

reading of Sections 7, 24(1)(c)(iii) and (iii a),49(1)(ag) of

Advocates Act, clearly provide the required power and authority

for the Bark Council of India to prescribe the eligibility criteria for

admission in law schools/colleges, minimum qualification,

standard, inclusive of minimum marks, attendance, curriculum

and other incidental qualifications to a Law University and the

Law College recognized by it. Therefore, it is submitted that the

BCI has powers to decide which course or the manner in which


54

the course is done in school and colleges or from which college

the students can seek admission to Law degree. It is submitted,

it is for the Bar Council of India to recognize the equivalence or

the course from any Board or Institution. The persons who have

passed 10+2 regular course from recognized schools/Board

stand on different footing from the students who have passed

exams in Open Schooling or taken +2 directly as a private

candidate without attending or completing the two years Pre

University Course. When the eligibility criteria for admission to

law course is prescribed, it has to be complied by the students

without which their admission cannot be approved. Hence it is

submitted, there is no merit in any of the writ petitions and the

writ petitions are liable to be rejected.

8. On the basis of the above legal contentions raised by

the parties, the point that arises for consideration of this court

is,

“Whether the Bar Council is an authority for the purpose of


deciding qualification for admission to LL.B., 3 years and
Integrated Law Course? And if so, rejection of admission of
55

petitioners to law course for the non compliance of


eligibility criteria is justified?

My answer is in the affirmative for the following reasons:

9. In addition to common prayers made by all these

petitioners, some of the petitioners have challenged the validity

of Sections 7(1)(h) &(i) and 49(1)(af) of Advocates Act, 1961

and the explanation provided to sub-rule (b) of Rule 5 of the

Legal Education Rules

10. With regard to power of the Bar Council in regulating

the qualifications, it is pertinent to refer the order passed by this

Court in W P No.19608/2010 reported in Laws (Karnataka) 2014

-36, W PNo.25809/2010 (Shashank Vishwanath vs., Karnataka

State Law University) and connected matters disposed of on

13.3.2014. This Court has upheld the power of the Bar Council to

regulate the eligibility criteria for admission to law courses.

When the power of the Bar Council in regulating the

qualifications for the purpose of law course has been upheld by

this Court then it does not need further examination as to

validity of the said provisions. The order in W P No.19608/2010


56

& connected matters DD 13.3.2014 was carried in W A

No.1604/2014 and writ appeal also came to be dismissed on

30.3.2014.

11. Similarly various High Courts such as High Court of

Tamil Nadu in Sakthi Rani vs., The Secretary (W P

No.26257/2009 and other connected cases, disposed of on

16.4.2010), High Court of Andhra Pradesh at Hyderabad in G

Mallesam vs., The Bar Council (WP No.16486/2009 disposed of

on 31.12.2009) and High Court of Allahabad in Devraj Khosla

vs., Choudhary Charan Singh University & others (W

PNo.26761/2011 disposed of on 23.3.2012, have upheld the

powers and authority of the Bar Council of India to regulate and

control the legal education, particularly with reference to entry of

students into law course. These judgments have also held on

examination of Rule 5 of the Rules of Legal Education 2008 in

particular and the Rules in general are not beyond the Rules

making power conferred on the Bar Council of India.

12. Section 7(h), (i) and (m) of the Advocates Act with

regard to function of Bar Council of India read as follows:


57

(h) to promote legal education and to lay down


standards of such education in consultation with the
Universities in India imparting such education and
the State Bar Council;

(i) to recognize Universities whose degree in law


shall be a qualification for enrolment as an advocate
and for that purpose to visit and inspect Universities
or cause the State Bar Councils to visit and inspect
Universities in accordance with such directions as it
may give in this behalf;

(m) to do all other things necessary for discharging


the aforesaid functions;

13. Section 24 of the Advocates Act, 1961 deals with,

persons who may be admitted as advocates on a State Roll.

Section 24(1)(c) reads thus:

“(c) he has obtained a degree in law-

(i) before the 12th day of March, 1967 from any


University in the territory of India, petitioner

(ii) before the 15th August, 1947,from any


University in any area which was comprised
before that date within India as defined by the
Government of India Act, 1935; or

(iii) after the 12th day of March, 1967, save as


provided in sub-clause (iiia), after undergoing
a three year course of study in law from any
University in India which is recognized for the
purposes of this Act by the Bar Council of
India; or
58

(iv) in any other case, from any University outside


the territory of India, if the degree is
recognized for the purposes of this Act by the
Bar Council of India or;

14. In order to get enrolment as an advocate in State Roll,

legal qualification is a basic and fundamental one. For the

purpose of Bar Council of India, it is the Bar Council of India

which has got power under Rule 5 of the Bar Council of India

Rules to prescribe the eligibility criteria.

15. The qualifications are prescribed by the Bar Council in

exercise of the power under Section 49 of the Advocates Act

1961. Rule 4 of Bar Council of India Rules provides two courses

of law namely, three years degree course and double degree

integrated course as designed by the University concerned.

Three years degree course in law undertaken after obtaining a

bachelor’s degree in any discipline of studies from University or

any other qualification considered equivalent by the Bar Council

of India. The integrated course combining bachelor’s degree as

designed by the University concerned in any discipline of study

together with the bachelor’s degree course in law, which shall be


59

of not less than 5 years duration leading to the integrated

degree in the respective discipline of knowledge.

16. Explanation (2) of Rule 5 makes it clear that the

applicant who has obtained 10+2 or graduation/post graduation

through open universities system directly without having any

basic qualification for prosecuting, such students are not eligible

for admission in the law course. This makes it very clear that

the qualification prescribed for three years as well as integrated

law course, it is as per the basic qualification prescribed therein

matters and the qualification obtained by open University or a

private study, it is not a qualification for the purpose of

consideration.

17. It is clear that in order to get admission to three years

law degree course, the applicant who has graduated in any

discipline of knowledge from the University established by an Act

of Parliament or by a State Legislature or equivalent National

Institution recognized as deemed to be University or foreign

university recognized as equivalent to studies of an independent

university by an authority competent to declare equivalent, may


60

apply for three years degree program. In respect of integrated

course of five years, the applicant who has +2 Higher Secondary

Pass Certificate or first degree certificate after prosecuting

studies in distance or correspondence method shall also be

considered as eligible for admission in the integrated five years

or 3 years LLB course. While considering for three years and

five years integrated course, explanation made clear that the

applicants who have obtained 10+2 or graduation through open

university system without having basic qualification, they are not

eligible for admission to law course. In view of the same, the

action on the part of the Bar Council of India and also Karnataka

Law University in not admitting the students who have not

satisfied the requirement of explanation to Rule 5 is just, sound

and proper and it is in accordance with law. The Bar Council of

India which is a competent authority to do so and its

competency was the subject matter in various writ petitions

referred to above and the said competency has been upheld. In

the circumstances, rejection of the admission of the candidates

who have no required qualification is also in accordance with law


61

and not contrary to any provisions much less Articles 14,

19(1)(g) and 21 of the Constitution.

18. In this regard, it is relevant to refer the judgment in

BALDEV RAJ SHARMA v. BAR COUNCIL OF INDIA & OTHERS,

reported in AIR 1989 SC 1541. The Hon’ble Supreme Court had

held that the qualifications and conditions imposed by the Bar

Council of India regarding the regular attendance at the law

college and the rejection of enrolment on the ground of a

difference of regular course and course of study pursued as a

private candidate is valid and a candidate who has desired

enrolment as an advocate must fulfill the conditions mentioned

in the Act and the Rules.

19. In BAR COUNCIL OF INDIA vs., BOARD OF

MANAGEMENT, DAYANAND COLLEGE OF LAW AND OTHERS,

reported in (2007) 2 SCC 202, it is held that the Bar Council of

India retains adequate power to control the course of studies in

law, the power of inspection, power of recognition of degree and

the power to deny enrolment to law degree holders unless the

University from which they pass out is recognized. The Bar


62

Council of India is concerned with the standard of the legal

profession and the equipment of those seek entry into law

profession. The Bar Council of India is also thus concerned with

the legal education in the country. It was further observed that

the University and the State Government concerned will have to

act in terms of the regulations set down by the Bar Council of

India.

20. With regard to the contention that 12th standard

certificate which is stated to be equivalent to PUC by the

Government of Karnataka by a notification, it is relevant to refer

decision in Union of India vs., Arun Kumar Roy, AIR 1986 SC 737

Para-15 where the Supreme Court held that “A notification has

no statutory force. It cannot override the rules statutorily made.

In that view of the matter, notification dated 13.1.2015 is of no

avail to the petitioners.

21. In W P No.50441/2015 (EDN), the grievance of the

petitioner is that he has completed 10+2+3 pattern and got

admitted to 5th respondent college after due verification of his

marks cards. However, his admission is not approved allegedly


63

on the ground that pattern of education pursued by the

petitioner is not 10+2+3. He has stated in the writ petition that

he submitted letter Annexure-F1 personally to Respondents in

person on 9.11.2015 but no action is yet taken. It is seen from

the order sheet that interim order is granted by this Court and

petitioner is pursuing his studies in law. In that view of the

matter, the respondents therein are hereby directed to

reconsider the case of the petitioner – Babu A afresh and pass

necessary orders within a time limit of fifteen days from the date

of receipt of copy of this order. The petitioner is also directed to

furnish copies of his testimonials in order to facilitate

consideration of his case by the respondents. Writ Petition

No.50441/2015 (EDN) is accordingly disposed of.

22. After the matters were reserved for orders, some of

the petitioners in Writ Petition No.50353 of 2015, 53819 of

2015, 55499 of 2015, 57447 of 2015, 52815 of 2015, 53808 of

2015, 51435 to 438 of 2015 have filed synopsis along with first

year PUC study certificate or marks card showing their failing in

the first PUC examination. In some of these cases they have


64

completed second PUC and obtained degree through Open

University which is not recognized as a requisite qualification for

admission to law courses.

23. For the above reasons, I am of the view that there is

no merit in any of the contentions raised by the petitioners in the

other writ petitions. Writ Petitions (except W P No.50441/2015,

which is disposed of as above) fail and they are accordingly

rejected.

Sd/-
JUDGE
akd

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