11 October 2013
Sir, I am CA Karan K. Joshi. I have cleared my Chartered Accountancy in November, 2011. I have completed my Graduation that is B.Com through ICAI-IGNOU MoU Programme known as B.Com (Accounting & Finance).
I have received the Degree Certificate from IGNOU and the Membership Letter from ICAI.
My Brief Details are as under:
Name : CA. Karan Kirit Joshi
Membership No. : 146884
City : Jamnagar, Gujarat.
Educational Qualifications : Chartered Accountant, B.Com from IGNOU., LKG to 12th Commerce from St.Xaviers High School Jamnagar under GSHSEB, Gujarat.
Now, In order to excel my professional abilities, I endeavor to join LLB Course to become a lawyer.
As we all know, that an eligibility certificate is required to get admission in LLB programme, if the Graduation is not from the same University. Thus, In order to get admission in Saurashtra University, I applied for obtaining Eligibility Certificate. I submitted all the necessary documents and information to evidence my B.Com Qualification and Chartered Accountancy Qualification.
To my surprise and great regret, I was denied the Eligibility Certificate from the university. Even my application for obtaining eligibility certificate was not accepted by the university authorities. I inquired the reason for denial. I was informed that as per the Education Rules framed by The Bar Council of India, applicants who have obtained graduation from open university system are not eligible to get admission for LLB course. I was in a state of shock and disappointment by getting this information. After that I analysed the Education Rules Framed by the Bar Council of India. Below I am reproducing the text of Chapter II, Clause 5 of ‘Rules of Legal Education, 2008’ which deals with Eligibility for admission to Law Courses. :
“5. Eligibility for admission:
(a) Three Year Law Degree Course: An applicant who has graduated in any
discipline of knowledge from a University established by an Act of Parliament or
by a State legislature or an equivalent national institution recognized as a
Deemed to be University or foreign University recognized as equivalent to the
status of an Indian University by an authority competent to declare equivalence,
may apply for a three years’ degree program in law leading to conferment of
LL.B. degree on successful completion of the regular program conducted by a
University whose degree in law is recognized by the Bar Council of India for the
purpose of enrolment.
(b) Integrated Degree Program: An applicant who has successfully
completed Senior Secondary School course (‘+2’) or equivalent (such as 11+1, ‘A’
level in Senior School Leaving certificate course) from a recognized University of
India or outside or from a Senior Secondary Board or equivalent, constituted or
recognized by the Union or by a State Government or from any equivalent
institution from a foreign country recognized by the government of that country
for the purpose of issue of qualifying certificate on successful completion of the
course, may apply for and be admitted into the program of the Centres of Legal
Education to obtain the integrated degree in law with a degree in any other
subject as the first degree from the University whose such a degree in law is
recognized by the Bar Council of India for the purpose of enrolment.
Provided that applicants who have obtained + 2 Higher Secondary Pass
Certificate or First Degree Certificate after prosecuting studies in distance or
correspondence method shall also be considered as eligible for admission in the
Integrated Five Years course or three years’ LL.B. course, as the case may be.
Explanation: The applicants who have obtained 10 + 2 or graduation / post
graduation through open Universities system directly without having any basic
qualification for prosecuting such studies are not eligible for admission in the
After reading it, I feel that there are some issues regarding interpretation of the Rules. The reason being that second last paragraph states that applicants who have obtained First Degree after prosecuting studies in distance or correspondence method shall be considered as eligible for admission in 5 year or 3 years’ LLB courses. Also, the last paragraph titled as ‘explanation’ states that applicants who have obtained graduation through open universities system directly without having any basic qualification for prosecuting such studies are not eligible for admission to law courses. Thus as per my opinion and interpretation of the rules there is some ambiguity regarding the interpretations made by university authorities. I hereby seek your guidance and clarification regarding this issue.
Thus, due to above issue, I am facing difficulties for my Further Education. Colleges have started the admission procedures and soon it will end. I am afraid that if the present issue is not addressed promptly, my 1(one) academic year shall be wasted which is highly undesirable from my part.
The Saurashtra University Authorities have informed me that my issue has been put up for redressal to bar council of India. But I have not been kept in loop nor I have been given any exact details regarding the status of my case.
I hereby request you to kindly guide me in the above matter regarding how to go ahead and contact Bar Council of India or Bar Council of Gujarat.
Expecting and requesting a prompt and satisfactory response.
Please feel free to contact on my mobile number 09427770212, in case of any need of information or clarification regarding the matter.
12 October 2013
for prompt reply Direct call and also use of RTI ACT,2005 IN THIS REGARDS.
IT WILL BE BEST DIRECT CALL:
Bar Council of India 21, Rouse Avenue Institutional Area, Near Bal Bhawan, New Delhi – 110 002 Telephone Nos.:011-49225000 Telefax No.:011-49225011 E-mail ID: info@barcouncilofindia.org Website: www.barcouncilofindia.org
Helpline numbers for the All India Bar Exam: 011-49225022 (English) or 011-49225023
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