Degree certificate for three-year LLB course, plus-2 paper not needed: Karnataka High Court

Bengaluru: The Karnataka High Court has held that so long as the First Degree certificate is available, the question of reference to Plus 2 Higher Secondary Pass (PUC) Certificate would not arise in terms of the provision to Rule 5 of the Bar Council of India Rules. Justice Suraj Govindaraj said this while allowing the petition filed by one Rakesh Shetty, a native of Karkala taluk in Udupi district.

The petitioner had completed his Bachelor of Commerce degree (B.Com) in 2008 after a Job-Oriented Pre-University Diploma in Computer techniques (JOC) in 1999. After working in a private company for several years, the petitioner wanted to pursue a law degree in 2024. His online application with the Soundarya Law College, Bengaluru, was accepted and he paid the fees for the academic year 2024-2025.

Thereafter he received an e-mail from the college stating that the Karnataka State Law University had refused to issue an eligibility certificate citing that as per government order dated August 6, 2021, the JOC could not be considered as equivalent to PUC. The petitioner contended he is qualified since JOC qualification is considered proper for B.Com course and that the requirement for admission to the law course is 10+2+3 year degree. On the other hand, the Law University argued that JOC could not be held to be an equivalent for 10+2 without the petitioner having taken up a 'language' in the course.

The court noted that Rule 5 (a) of Bar Council of India Rules states that if the First Degree certificate has been issued, the question of reference of +2 Higher secondary Pass Certificate would not arise, since the word used is 'or' which is disjunctive.

“On a plain reading of the said provisions of Rule 5 , it is only if a candidate were to have done only Plus 2 and applied for Integrated Five Year course, then the requirement of Plus 2 being either 10+2 of CBSE or ICSE or II PUC would be relevant. Insofar as three years' LLB Course is concerned, what is required is First Degree certificate and as indicated above, if the candidate were to have a degree, which is considered to be First Degree, then the candidate would be eligible for being admitted into a three year LLB course,” Justice Suraj Govindaraj said, while directing the Karnataka State Law University to issue eligibility certificate to the petitioner.