Can Graduates Of 3-Year LLB Correspondence Course Enrol As Advocates? Supreme Court To Consider

The Supreme Court is scheduled to consider whether a law graduate of a 3-year LLB Course be allowed to enrol with the State Bar Council if s/he obtained an undergraduate degree through correspondence.

The bench of Justice Vikram Nath and Justice PB Varale was hearing a challenge to the order of the Telangana High Court which refused to allow Bar enrollment of a law graduate with a correspondence degree in Bachelor of Arts (B.A.)The bench issued notice in the matter .

"Issue notice, returnable within four weeks. Dasti service, in addition, is permitted."

Before the High Court, the law graduate had sought a direction to the Telangana Bar Council to (1) enrol the petitioner as an advocate under the Advocates Act, 1961; (2) refund the amount of Rs 28,000/- charged to the petitioner for enrollment and enrol her at a reduced fee of Rs. 750/'; (3) allow the petitioner to appear for AIBE XIX exam scheduled to be held on 24th November 2024.

The High Court dismissed the writ petition while accepting the submission of the State Bar Council, which informed the bench that since the petitioner obtained a graduation degree in BA in 2012 through correspondence, she will not be entitled to enrolment as per the decision of the High Court in M.Naveen Kumar vs. The State Of Telangana.

In the M Naveen Kumar Case, the High Court was dealing with a challenge to the non-approval of the admission to a 3-year LLB Course as the petitioner did not undergo a regular undergraduate course.

The High Court Court upheld the decision of cancellation of admission as the petitioner was not in compliance with the eligibility criteria set out by the Bar Council of India Rules on Legal Education of 2008 as amended in 2017 which requires an undergraduate degree through regular courses.

Counsel for the petitioners: Mr. Gaurav Kumar, Adv; Mr. Agrim Tandon, Adv.; Mr. Naman Shrestha, Adv.; Mr. Vinod Sharma, AOR

Case Details : STS Gladies v. BCI and Another| Special Leave to Appeal (C) No(s). 30217/2024