LLB Admissions: Telangana High Court Asks State Bar Council To Furnish List Of Aggrieved Aspirants Graduated Via Distant Or Regular Mode

The Division Bench of Chief Justice Alok Aradhe and Justice T Vinod Kumar was hearing a batch of writ petitions filed by students challenging the actions of the Telangana Bar Council in not accepting their enrolment applications on the ground that the students had completed their graduation from an Open University / distant mode.

A student contended that he had completed his LLB from Keshav Memorial Law College and upon completion, had submitted his application for enrolment in November 2021 along with the requisite fee. However the Telangana Bar Council has failed to register him as an advocate till date.

Upon making enquiry in the State Bar Council the student was informed that his application was on hold due to him having completed his graduation from an Open University (Dr. B.R Ambedkar Open University, Hyderabad) through a distant mode. He was further informed that the Council would hold meeting to take a decision.

Similar grievance was raised by other students who have completed their graduations from various open Universities and hence were being heard together.

The students contended that others like them who had completed graduation from open universities were enrolled as advocates and it was only their applications that were being withheld. It was also averred that the actions of the State Bar Council where arbitrary in nature and against Article 19 of the Constitution.

The Telangana Bar Council on the other hand stated that the issue raised by the petitioners has already been dealt with by a division bench of the Court which held that as per Rule 5 of Part IV of the Bar Council of India Rules, i.e. Rules of Legal Education, 2008 it is necessary for a student to complete graduation through regular mode for being eligible under the three years LLB program and for subsequent enrolment as a lawyer.

It was stated by the Council that all the students whose enrolment has been kept pending are students who have opted for the 3 year LLB program after completion of graduation through an open University/distant education as the same is impermissible under the rules and upheld by the Court.

It was further submitted by the State Bar Council that the legality of rule 5 was upheld by various High Courts including the Andhra Pradesh and Madras High Courts.

"I submit that the Bar Council of India being the professional council and being empowered, had prescribed the eligibility for admission into the law course, and for enrolment as an advocate, under the said Rule 5 of the Rules of Legal Education. I submit that the Bar Council is entitled to refuse to enroll a person who joins and/or completes the law course, without having the eligibility for admission into the law course" the Counsel on behalf of the State Bar Council submitted.

The counsel on behalf of petitioner asserted that the students have cleared +2 examination by way of regular mode and that they are eligible for admission to LLB course and are consequently entitled for enrolment as an advocate.

'In view of the said submissions, the Counsel for the Bar Council submits that he shall post a chart in which, the students have opted their +2 examination certificate' the Court ordered.

Counsel for Bar Council Telangana : Advocate G M Mohiuddin

Counsel for Bar Council of India: Advocate Aadesh Varma

Counsel for The University Grants Commission: Advocate Megha Rani Agrawal

Counsel for Petitioners: Ch Venkateshwara Reddy

Date of hearing: 10/8/23

Case Title: Katroth Pradeep Rathod V. The Bar Council India; Gollapeli Srinivas & Ors v. Bar Council India