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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 & 4915849159/2015, 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
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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
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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
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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
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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
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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 ANNEXUREL. 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 (BY SMT.SWETHA RAVISHANKAR, ADV.) AND: 1.
KLE SOCIETY’S LAW COLLEGE
... PETITIONER
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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
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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].
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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.)
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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.
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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.
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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
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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,
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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
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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 ANNEXF 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:
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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,
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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. (BY SMT.AARTI MUNDKUR, ADV.) AND:
... PETITIONER
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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.,
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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.
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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,
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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.
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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
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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
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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.
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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,
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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 (ANNEXUREH) 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.
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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,
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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
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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 (BY SRI.M.P.SRIKANTH, ADV. FOR
... PETITIONERS
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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)
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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. (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.
... PETITIONER
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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. (BY SRI.M V HIREMATH, ADV. ) AND: 1.
THE PRINCIPAL BENGALURU LAW COLLEGE,
... PETITIONER
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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,
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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
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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.
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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
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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 (BY SRI.S A H RAZVI, ADV.) AND: 1.
KARNATAKA STATE LAW UNIVERSITY
... PETITIONER
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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
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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;
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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,
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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,
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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,
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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
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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.
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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
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(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
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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:
Sl. No.
Writ Petition No.
1.
36654/2015
2.
54038/2014
3.
36656/2015
4.
47951/2015
Name of the Petitioner/s Sudharani K Inzamam-UlHaq A.R. A Umaya Kausar Yuvaraj T
Reasons for rejection of admission Pursued 10+2 as a private candidate +2 certificate is not produced Private candidate +2 private candidate
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5.
48012/2015
Manjunath Y
48014/2015
Saravana Kumar R
48633/15
Kishore Kumar
48023/2015
Murali A Usha S
6.
7.
48634636/2015
Harish N Chaitrashree A
Pursued 10+2 as a private candidate Pursued 10+2 as a private candidate 10/12/Degree marks card/PDC pending +2 private study/open schooling +2 private study/open schooling UG/PG through KSOU (derecognized by UGC)
49126130/2015
Raghavendra S Aksath kumar Shankar Naik Shaba Amalappa
49157/2015
Shailika +2 private
49158/2015
Lance Christopher D’Silva
10.
49841/2015
Sharath B S
+2 private
11.
50353/2015
Ravi S
+2 private
Sunil S Sridhar S Sharadamma P S Umashankar V Syed Yejus Pasha Kantharaju P Nagaraja K S Vijayaumar Harisha D S
+2 private All marks cards pending
8.
9.
12.
51771774/2015
13.
53819/2015
14. 15.
54579/2015 5480915/2015
H. Parameshwara
+2 private/10/12/Degree all open schooling
1st PUC clarification +2 private +2 private +2 private
+2 private
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n Krishnamurthy M Raghavendra Reddy T. Tamizharasi Kannaki 16.
57628/2015
Lakshmi D V Bhuvaneshwari S
17.
47656 & 658/2015
Lisha Nepali Ratneshkumar Gautam
18.
49124/2015
Shabu. L
19.
48648/2015
20.
49308/2015
Basavaraj Hirebidari Mayank Bhatt
21.
50441/2015
Babu A
22.
51083/2015
23.
51877/2015
24.
52481/2015
25.
All marks card pending (1st PUC clarification) +2 private +2 studied as private candidate PUC studied at NIOS and there is no proof of two years study at +2 level 10th studied at NIOS through open schooling +2 through open schooling +2 private study/open schooling +2 Board not recognized +2 private 10+3+2 pattern (petitioner claims it is 10+2+3 pattern)
Mohammed Rafiulla Satish Kumar C Karthik Reddy R
10+2 private study
55499/2015
Srinivasa B V
No proof of two years study at NIOS
26.
56195/2015
Sulaiman Madani
10th as a private study
27.
57447/2015
Shivakumara D
28.
52815/2015
29.
53808/2015
Shivakumar M Bhaskargowda NM
+2 open schooling
+2 private
Degree through KSOU (derecognized by UGC) +2 not done (studied ITI) +2 private
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30.
50037/2015
Venkatesh B A
Studied ITI/+2 private/ KSOU (2012-13 to 201415)
31.
51435 to 438 of 2015
Shivaraja K B Sheela Y C Harisha S Prabhakara M
+2 private
Shashikumar G
Want of PUC 1st year marks card and clarification regarding +2 whether regular or private
32.
49968/2015
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
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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.
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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
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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
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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
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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
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& 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:
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(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
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(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
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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
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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
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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
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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
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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
consideration of his case by the respondents.
to
facilitate
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
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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
