Candidate Who Graduate From Open University Despite Not Clearing HSC, Eligible For Admission In three-Year LLB: Bombay HC [Read Judgment]

In a widespread judgment, the Bombay High Court has held that those applicants who reap a graduation diploma through an open college and feature now not certified their 10+2 Higher Secondary Examinations are nevertheless eligible for admission inside the three-yr LLB course.

The division bench of Justice SC Dharmadhikari and Justice MS Karnik pronounced the judgment in June, but it becomes uploaded recently. The court allowed the petition filed by way of one Shobha Buddhivant seeking admission inside the first 12 months of the three-year law route at Mumbai University.

The petitioner finished her commencement in 2005 thru a distance gaining knowledge of the path from Yashwantrao Chavan Open University, Nashik. She sought enrollment in the first 12 months of LLB at New Law College affiliated with Mumbai University.
Her admission method was finished on August 18, 2011, and the following day she knowledgeable using the New Law College that she can not be admitted due to the Rules of 2008. She turned into formally informed on September 8, 2015, that as per guidelines framed using the Bar Council of India and as prevalent via the University of Mumbai, the candidate who surpassed Degree Examination after prosecuting research in distance or open mastering without having handed H.S.C. Examination (being the basic qualification for prosecuting degree studies) can not be admitted to the Three Year Degree Programme.

Nitin Satpute appeared on the petitioner’s behalf, Amit Sale appeared for the BCI, and Rui Rodrigues appeared for the regulation university.

Submissions

Satpute argued that the petitioner had already graduated in the yr 2005 from the Open University, and as per the guidelines prevailing, she turned into eligible for admission to LLB. He submitted that the Rules of 2008 would no longer apply to the petitioner.
Satpute relied upon the judgment of a Full Bench of the Madras High Court in the case of GS Jagadeesh vs. The Chairman to support his submission that after a diagnosed university or a recognized board troubles certificates, it is not for any other authority to impeach the certificates on the floor of ineligibility to reap the certificates, until and until the certificates are canceled through the appropriate authority or a Court of regulation.

BCI’s suggest Amit Sale submitted that the candidate might be rendered ineligible if he has obtained the commencement from an Open University without obtaining simple eligibility of HSC that’s a diagnosed 10+2 pattern of training to get admission to the law courses.

Judgment

Division bench agreed with the view taken using the complete bench in Madras HC, and after examining the said judgment, Court found-
“The petitioner had failed the 12th standard exam. However, as provided via the Rules and Statutes of the Act of 1989, she passed in Preparatory Course Entrance Written Test, which made her eligible for admission for FYBA direction in Open University. This being the position, respondent No.1 that the petitioner has not passed HSC from the normal channel is of no effect. The petitioner received graduation from a diagnosed University installed below the Act of 1989.

It is unjust that the candidate involved continues to be required to pass the fundamental eligibility of HSC from identified Board/University in spite of finishing commencement from Open University. As the issue has been replied in the case of GS Jagadeesh which choice is widely wide-spread and acted Bar Council of India, even the existing Petition merits to be allowed in equal phrases.”
Thus, a writ petition becomes allowed, and the Court passed guidelines to confess the petitioner inside the 3- year law course.