University Need Not Insist On +2 Passing Certificate To Determine Eligibility For 3-Yrs LLB Course If Student Produces First Degree: Karnataka HC

The Karnataka High Court has said that the question of considering Higher Secondary pass certificate for admission to LLB course would be irrelevant so long as the candidates were to have a First degree issued by any recognised University. A single judge Justice Suraj Govindaraj held thus while allowing the petition filed by one Rakesh Shetty and said “In respect of proviso to Rule 5, the question of considering equivalency of JOC with +2 would not be relevant, since the petitioner holds a B.Com degree, which being a First Degree was sufficient for the University to consider for issuance of eligibility certificate." It held, “So long as the First Degree certificate is available, the question of reference to +2 Higher Secondary Pass Certificate would not arise in terms of the proviso to Rule 5 of the Bar Council of India Rules. On a plain reading of the said provision, it is only if a candidate were to have done only +2 and applied for Integrated Five Year course, then the requirement of +2 being either 10+2 of CBSE or ISCE or II PUC would be relevant.” Noting that in the case of the petitioner he having done his JOC, which was regarded to be eligibility enough for him to take up his B.Com course, the court held the B.Com degree "would mean the First Degree certificate as contained and referred to in the proviso to Rule 5.” It added “In view of my reasoning in respect of proviso to Rule 5, the question of considering equivalency of JOC with +2 would not be relevant, since the petitioner holds a B.Com degree, which being a First Degree was sufficient for the University to consider for issuance of eligibility certificate.” Accordingly it allowed the petition and directed the University to issue an eligibility certificate.