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Candidates Who Graduate From Open University Despite Not Clearing HSC

Distance Learning

Candidates Who Graduate From Open University Despite Not Clearing HSC

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In a giant judgment, the Bombay High Court has held that the one’s applicants who gain a graduation degree via an open college and have not certified their 10+2 Higher Secondary Examinations, are still eligible for admission inside the three-12 months LLB route.

A division bench of Justice SC Dharmadhikari and Justice MS Karnik mentioned the judgment in June however it changed into uploaded lately. The court allowed the petition filed by using one Shobha Buddhivant in search of admission within the first yr of the 3-12 months law route at Mumbai University.
Case Background

The petitioner completed her graduation in 2005 via a distance gaining knowledge of direction from Yashwantrao Chavan Open University, Nashik. She sought enrolment in the first year of LLB at New Law College affiliated to the University of Mumbai.

Her admission method turned into completed on August 18, 2011, and the following day she informed through the New Law College that she cannot be admitted because of the Rules of 2008. She becomes officially informed on September eight, 2015 that as in keeping with guidelines framed with the aid of the Bar Council of India and as established with the aid of the University of Mumbai, the candidate who passed Degree Examination after prosecuting research in distance or open studying without having handed H.S.C. Examination (being the simple qualification for prosecuting degree research) can’t be admitted to the Three Year Degree Programme.
Nitin Satpute appeared at the petitioner’s behalf, Amit Sale appeared for the BCI and Rui Rodrigues regarded for the regulation university.
Submissions

Satpute argued that the petitioner had already graduated within the year 2005 from the Open University and as per the regulations triumphing then she turned into eligible for admission to LLB. He submitted that the Rules of 2008 will not follow to the petitioner.
Satpute relied upon the judgment of a Full Bench of the Madras High Court in the case of GS Jagadeesh vs. The Chairman, to aid his submission that when a recognized college or a recognized board issues a certificate, it is not for every other authority to impeach the certificate at the floor of ineligibility to attain the certificate, till and unless the certificate is canceled by the ideal authority or by using a Court of law.
BCI’s counsel Amit Sale submitted that the candidate might be rendered ineligible if he has received the commencement from an Open University without acquiring primary eligibility of HSC that’s a diagnosed 10+2 sample of training for the reason of getting admission to the regulation publications.
Judgment

Division bench agreed with the view taken through complete bench in Madras HC and after examining the stated judgment, Court discovered-
“The petitioner had failed the 12th popular examination. However, as furnished by using the Rules and Statutes of the Act of 1989, she handed in Preparatory Course Entrance Written Test which made her eligible for admission for FYBA path in Open University. This being the location, the objection of respondent No.1 that petitioner has not handed HSC from the ordinary channel is of no effect. The petitioner obtained graduation from an identified University installed below the Act of 1989.

It is unjust that the candidate worried is still required to bypass the primary eligibility of HSC from recognized Board/University in spite of finishing graduation from Open University. As the issue has been answered in the case of GS Jagadeesh which choice is accepted and acted Bar Council of India, even the present Petition deserves to be allowed in equal terms.”
Thus, the writ petition changed into allowed and the Court handed instructions to confess the petitioner in the 3- yr regulation path.