Whether Part-Time LLB Degree Courses Have Sanction From Bar Council Of India? Whether Law Degree Obtained Is Recognised Or Not? MP HC To Examine

Justice Vivek Agarwal was dealing with a writ petition, wherein the Petitioner was seeking a direction of the Court to the Respondents to promote her from the post of Assistant Grade-II to Assistant District Prosecution Officer with all consequential benefits on account of her completing her LL.B.

The Petitioner submitted before the Court that she was granted permission by the Respondents to complete her law degree. Accordingly, she enrolled herself in a college where she attended classes for B.A. L.L.B. (Hons.) from July 2005 till the conclusion of the course in 2012. Her college timings were 7 -9 A.M. Her contention was that since she completed her law degree, she was entitled to the said relief.

Noting the submissions of the Petitioner, the Court brought its attention to the conduct of the said Institution-

However, the issue involved is in different domain namely whether part time classes for B.A. L.L.B degree from 7 A.M. to 9 A.M. has sanction of the Bar Council of India and whether degree is recognized or not ? If the college timings are such that they interfered in the office working times, then explanation from both the concerned office as well as the petitioner is required.

Responding to the query of the Court, the Petitioner submitted that the Respondents had granted such permission to several similarly situated persons on the strength of such LL.B. degrees obtained while working.

The Court directed the Petitioner to implead the College concerned as party in order to bring their reply on record and further directed that the recommendation of the Bar Council of India and the said College for conducting part-time classes be also brought on record.

The Court observed that the onus is on the Petitioner to prove that her law degree is valid-

This order is being passed because the onus is on the petitioner to show that college has permission to run part-time courses and it is duly recognized by the competent authority. The court cannot rely on the application Annexure P-2 filed by the petitioner to grant her permission to attend the course which is not a part-time course and which is in direct conflict with the working hours of the petitioner.

The Court also directed the Respondents as follows-

Respondents are also directed to produce on record data for last 15 years as to under what facts and circumstances, they have granted permission to similarly situated persons oblivious of the fact that at the time of giving permission, B.A. L.L.B. course was full time or part time and what is the sanctity of that degree. Let the aforesaid fact be brought on record under personal affidavit of Director, Prosecution.

The Court opined that prima facie, there appears to be a scam going on at the Directorate of Prosecution-

Prima facie, there appears to be scam going on in the Directorate of Prosecution in granting permission to full time employees to participate in the law course depicting it to be part time as is mentioned in Annexure P-2 oblivious of the fact that now the law courses are full-time course as per the guidelines issued by the Bar Council of India.

The Court made it clear that in case the affidavit of the Director, Directorate of Public Prosecution is not filed, they shall remain personally present.

The matter is listed for 8.04.2022.