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 in their 10+2 Higher Secondary Examinations are nevertheless eligible for admission inside the three-yr L.L.B. course.

The division bench of Justice SC Dharmadhikari and Justice MS Karnik pronounced the judgment in June, but it was 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 L.L.B. 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 could 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. As per the prevailing guidelines, she became eligible for admission to L.L.B. 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 G.S. 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 credentials on the floor of ineligibility to reap the credentials, until and until the certifications are canceled through the appropriate authority or a Court of regulation.

BCI suggested Amit Sale submit that the candidate might be rendered ineligible if he has obtained the commencement from an Open University without obtaining simple H.S.C. eligibility, a diagnosed 10+2 training pattern to get admission to the law courses.

Judgment

The division bench agreed with the view taken using the complete bar in Madras H.C., 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 the Preparatory Course Entrance Written Test, making her eligible for admission to FYBA direction in Open University. This being the position, respondent No.1 that the petitioner has not passed H.S.C. 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 H.S.C. from identified Board/University despite finishing commencement from an Open University. As the issue has been replied to in the case of G.S. Jagadeesh, whose choice is widely widespread 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.