The Kerala High Court recently directed the Principal of the Sree Narayana Law College, Poothotta to consider the claim of a candidate who had been denied admission to the 5 year LL.B. Course on the ground that her qualification of three year diploma/polytechnic was not equivalent to the one prescribed by the Bar Council of India for admission.
Justice Devan Ramachandran took note of the Circular issued by the BCI granting equivalency to the qualification of three year Diploma/Polytechnic course viz-a-viz the Plus Two certificate course for admission to the 5 year integrated LL.B. course, and observed that:
“Taking note of the afore submissions and since there does not appear to be any dispute as regards the qualification of the petitioner, I allow this writ petition and direct the 5th respondent – Principal of the College, to consider her claim for admission to the available vacancy, subject to any directives that may be issued with respect to it by the 3rd respondent – Commissioner for Entrance Examinations; and to complete proceedings as expeditiously as is possible, but not later than one week from the date of receipt of a copy of this judgment”.
During the hearings, it was submitted by Advocates Varun C. Vijay and Divya Chandran on behalf of the petitioner that during the pendency of the matter, the BCI has come out with the Circular, which grants equivalency to the qualification of three year Diploma/Polytechnic course viz-a-viz the Plus Two certificate course for admission to the 5 year integrated LL.B. course.
The counsels submitted that it is now for the Principal of the law college to consider the case of the petitioner in accordance with law and the circular that has been issued.
The Standing Counsel for the BCI Advocate Rajith also attested to the circular, and submitted that the case of the petitioner could be considered by the Principal, subject to all other requirements being satisfied.
The counsel for the Principal of the College, Advocate Harikumar, submitted that the Principal cannot be blamed, as the circular has only been issued recently. The claim of the petitioner, along with any others, subject to the approval of the Commissioner for Entrance Examinations, would be considered, he added.
Government Pleader Parvathy K. submitted that the Commissioner for Entrance Examinations has no objection in the Principal considering the petitioner’s claim, provided it is done as per law and without violating the principles of merit.
Allowing the petition, the court clarified that the questions relating to attendance and such other allied matters, if the petitioner is granted admission, would be “left open to be impelled in future, if it becomes so warranted”.
In December 2022, the Madras High Court, in S. Karthi v The Registrar, The Tamil Nadu Dr.Ambedkar Law University (2022 LiveLaw (Mad) 524), passed a similar order directing the Tamil Nadu Dr. Ambedkar Law University to permit a student, who had pursued a three-year diploma after the 10th standard, to participate in the admission process for the five-year B.A. LL.B. (Hons.) course.
Case Title: Meharban M.H. v. State of Kerala & Ors.
Citation: 2023 LiveLaw (Ker) 35
Written by
Kashish Gupta
BBALLB III semester
Shriramswaroop Memorial University Barabanki
