State Bar Council Has No Authority To Question Law Degree Certificate On Grounds Of Ineligibility To Obtain Certificate: Karnataka High Court

The Karnataka High Court has set aside an order passed by the Karnataka State Bar Council refusing to enroll a government servant who pursued a law degree while being in service and sought enrollment after his retirement on the ground that he did not submit any documents to show that he has attended the classes conducted by the college.

A single judge bench of Justice Ashok S Kinagi allowed the plea and quashed the order by the State Bar Council, directing the respondents to consider the petitioner's request for enrollment afresh.

It said “It is not for any other authority to question the certificate on the ground of ineligibility to obtain the certificate, until and unless the certificate is cancelled by an appropriate authority and/or by a Court of law. To hold otherwise would be to open the pandora's box, for years later certificates might be questioned on grounds such as shortage of attendance, failure to clear internal tests, examinations and the like and it would be impossible for candidates possessing the degree and/or certificate to adduce cogent materials to satisfy those questioning the certificates.”

The petitioner was appointed as a Typist in Principal Civil Judge (Sr.Dn.) & CJM, Bidar, and retired as an Assistant Registrar.

It was submitted that while working, he desired to pursue an LLB degree and submitted an application seeking permission to pursue higher studies. The Principal District & Sessions Judge, Bidar granted permission to the petitioner to pursue higher studies.

It was argued that the petitioner passed the said course and Gulbarga University issued a Provisional Degree Certificate and Convocation Certificate.

The petitioner argued that when the University had not raised any objection in regard to his eligibility and permitted him to take LLB examinations, issuing a Provisional Degree Certificate, respondent No.1 had no right to question the degree certificate issued by the University. 

Counsel for the Bar Council of India contended that on the date of joining the LLB course, the petitioner was employed in the judicial department and he had not submitted any documents to show that he had attended the classes conducted by the college.

It was argued that the petitioner is not eligible for enrollment as an advocate as he has not attended the classes and thus respondent No.1 had rightly rejected the application of the petitioner.

The bench on going through the records observed that the college and university indicated that the petitioner had fulfilled all the required criteria for appearing in the examinations in terms of the rules applicable at the relevant point in time.

"When the University has issued the Provisional Degree Certificate and Convocation Certificate to the petitioner, there is a presumption of eligibility of the candidate to be conferred the certificate,” the Court noted.

Further, it said, that it is not for any other authority to question the certificate on the ground of ineligibility to obtain the certificate, until and unless the certificate is canceled by an appropriate authority and/or by a Court of law.

Accordingly, the Court held that in the present case, the petitioner was issued a provisional Degree Certificate after clearing all examinations, from a certified college and that the Bar Council's observation that he was ineligible to attain the degree was unsustainable.

Thus, it allowed the petition.

Appearance: Advocate H.L.Pradeep Kumar for Petitioner.

Advocate Sridhar Prabhu for R2.

Advocate Nataraj G for R1.

Citation No: 2024 LiveLaw (Kar) 73

Case Title: Shelhan AND Karnataka State Bar Council & ANR

Case No: Writ Petition No 11806 OF 2020

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