Kerala High Court Holds NIOS Student Eligible For Admission To BA LLB Course
While observing that the certificate issued by the NIOS is recognized by all Universities as per the directions of the Association of Indian Universities, the Kerala High Court has held an NIOS student eligible for the Integrated BA LLB (Hons) Course in Sree Narayana Law College.
The petitioner approached the High Court seeking a direction to the College Principal to admit him for the Integrated BA LLB (Hons) Course.
The Single Bench of Justice N. Nagaresh said, “As the petitioner has been a regular school student during the period in which the petitioner obtained basic qualification and the Certificate issued by the NIOS is recognised by all Universities as per the directions of the Association of Indian Universities, I am of the view that the petitioner should be treated as eligible for admission to the Integrated BA LLB (Hons) Degree, in the light of Rule 5(b) of the BCI Rules.”
Advocate V.V. Suresh represented the Petitioner while Advocate C. Dinesh represented the Respondent.
Factual Background
The petitioner applied for the Entrance Examination for admission to the LLB Course in light of the fact that he was a regular student under the CBSE Stream in Primary, Upper Primary and High School Classes and was having the basic qualification for joining the LLB Course. As per Rule 5(b) of the BCI Rules, the petitioner was entitled to get admission to the Integrated Five-Year LLB Course. Having scored good marks in the Entrance Examination, the petitioner got primary allotment in the State merit list in Sree Narayana Law College, Poothotta.
The respondents did not raise any objection regarding the basic qualification of the petitioner at that time. However, when the petitioner appeared with original certificates for verification, the College Principal refused to admit the petitioner on the ground that the petitioner had passed both the basic and qualifying examinations under the NIOS Scheme.Aggrieved thereby, the petitioner approached the High Court.
Reasoning
The Bench explained that as per Rule 5(b) of the Legal Education Rules of the Bar Council of India, for admission to Integrated Degree Program, an applicant has to complete Senior Secondary School Course (Plus Two) or equivalent from a recognised University of India or outside or from a Senior Secondary Board or equivalent constituted or recognised by the Union or by a State Government or from any equivalent institution from a foreign country recognised by the government of that country.
The proviso to Rule 5(b) states that applicants who have obtained a Plus Two Higher Secondary pass certificate or first degree certificate after pursuing studies in the distance or correspondence method shall also be considered as eligible for admission.
Noting that the petitioner continued his studies in Bhavans Vidyamandir, Elamakkara, in Standards IX and X, attending regular classes and passed the 9th and 10th Standard Examinations under the NIOS Scheme, the Bench said, “Therefore, it must be treated that he is having basic qualification under an autonomous institution under the Ministry of Education.”
“Rule 5(b) of the BCI Rules on Legal Education provides that an applicant who has successfully completed Senior Secondary Course from a recognised University of India or outside or from a Senior Secondary Board or equivalent constituted or recognised by the Union or by a State Government may apply for and be admitted into the program of Integrated Degree in Law. The National Institute of Open Schooling (NIOS) is an Autonomous Institution under the Department of School Education and Literacy, Ministry of Education, Government of India”, it added.
The NIOS had also produced a letter of the Association of Indian Universities mentioning that the Association of Indian Universities has granted equivalence of the courses of NOS with those of other examinations of recognised Boards for the purpose of admission to higher studies at Indian Universities.
As the petitioner had been a regular school student during the period in which the petitioner obtained basic qualification and the Certificate issued by the NIOS is recognised by all Universities as per the directions of the Association of Indian Universities, the Bench held that the petitioner should be treated as eligible for admission to the Integrated BA LLB (Hons) Degree, in the light of Rule 5(b) of the BCI Rules.
Thus, allowing the Writ Petition, the Bench held that the admission of the petitioner to the Integrated BA LLB (Hons) Course in the College should be treated as regular.
Cause Title: V.S. Gourishankar v. Bar Council Of India & Ors. (Neutral Citation: 2025:KER:31247)
Appearance:
Petitioner: Advocate V.V. Suresh
Respondent: Advocates C. Dinesh, M.U. Vijayalakshmi, Rajit, Government Pleader V. Venulpal
