Reg- is open university degrees are valid

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Originally posted by : Information@u
	Dear sir Still I am getting confused. I got 5 replies here some one said eligible to do LLB and some one not Eligible cateria for LLB in college +2 students will do UG and LLB simultaneously 5 years course UG degree student will do LLB 3 years course List out some law colleges in South India to do LLB Also explain about supreme court judgement against open university Degrees Supreme court judgement said open university PG degrees are invalid with out formal UG Degree is correct? But UG degrees are valid is this correct? Also explain about Tamil Nadu GO No 107 dated 18/8/2009 and GO No 242 dated 18/12/2012 Is State to state bar council have different norms to practice as advocate Thanks in advance, I hope you are all response this forum Note,he was completed UG,in open university system then MA,MBA.in distance mode Also please refer my previous Forum about this

1. A week back, You were suggested to Apply to UGC for clarification /confirmation.  YET you chose to ignore and wish to beat around the bush and expect "spoon feeding" from voluntary experts over here.

2. What stops you from apply to UGC .... Kindly explain !

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

Originally posted by : OM PRAKASH
	The original querist, please keep on repeating the same question again and again, because there are some fools, who would feel obliging you with the answer, in order to hone their skill.

Queriest is Repeating for two reasons:

a) He is getting FREE advice.

b) Few Experts apathically capitalise such queries to increase points to win Pen Drives, offered by this Forum.

A detiled reply furnished in order to clarfy the matter further. 

The eligibility for a course has been laid down under the provisions of Rule 5 of the Legal Education Rules, 2008:

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 6 Bar Council of India 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 law courses.  

Yes, proviso to the Rule (italicized) provides that those from the open Universities are eligible for admission to law courses. However, this is subject to the explanation that those without basic qualification for prosecuting those studies are not eligible. The Rules could be accessed at https://www.barcouncilofindia.org/wp-content/uploads/2010/05/BCIRulesPartIV.pdf.

The question as to basic qualification had been clarified by the Bar Council of India which could be accessed at https://www.barcouncilofindia.org/educational-criteria-educational-qualification-required-for-admission-into-3-year-and-5-year-law-courses-in-india/

EDUCATIONAL CRITERIA & EDUCATIONAL QUALIFICATION REQUIRED  FOR ADMISSION INTO 3 YEAR AND 5 YEAR LAW COURSES IN INDIA The Legal Education Committee at its meeting held on 30th April, 2017 considered the matter relating Rule-5 of the Legal Education Rules 2008 and clarified the definition of basic qualification and eligibility of candidates to get admitted into 3 year and 5 year Law Courses. It was held that the proviso of this Rule dealing with distance and correspondence course  vis-à-vis +2 and first degree certificate is very clear and needs no further explanation.  As such such persons 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 5 Years course or 3 years’ LL.B. course, as the case may be.  It was further  stated that so far as the explanation to this Rule-5 is concerned, this explanation also correctly describes that the applicant/s must obtain basic qualification for admission to five year degree course for which the basic qualification shall be 10th which shall be required to be followed by +2.  Furthermore it was stated that the explanation to Rule-5 also correctly describes that the basic qualification for admission into three year law course would be 12th (+2) which shall be required to be followed by three year graduation. It was also held that it is but natural that unless a person seeking admission into 5 year degree course passes 10th which is the basic qualification for the five year degree , he or she could not have got admission into +2/12th passing of which is also required for admission into the five year law course. Similarly, it was held that a person seeking admission into three year law course would have to pass class 12th as that would be the basic qualification for the 3 year law course without passing which, he or she could not have got admission into three year graduation. Thus in conclusion it can be stated that for seeking admission into 3 year law course qualifications needed are only 12th   and three year graduation, with 12th being the basic qualification for seeking admission into 3 year law course , while for seeking admission into 5 year law course  only 10th and 12th qualification suffices with 10th being the basic qualification for seeking admission into thr 5 year law course. The qualifications of 10th, 12th (+2) and graduation may be obtained through any mode (distance / correspondence / open schooling method). However, it is to be noted that the qualification of class 10th , 12th or graduation are subject to pass percentage of 45% for general category, 42% for OBC category, and 40% for SC/ST category subject to Rule-7 of Legal Education Rules.

Thus, the extant norm is that a graduate through the open university system ie eligible only if has the basic qualification 10+2 through any modes of education, otherwise not.

I trust my present effort removes your doubt.

 

The queriest is well versed with prevailing norms thoroughly and both UGC and BCI websites disclosed eligibility norms.  He is not having doubts and only wishes a way out to overcome laid down norms legally !!!!

If so, the only option for him is to challenge the rationale and legality as to the basic qualfication as laid down by the explanation through a Writ Petition in the High Court/Supreme Court. I am of the opinion that there is a fair chance of a favourable order as there is arbitrariness and unreasonableness inherent in the concept of the basic qualification.

If you are the student who does not want to do homework and constantly buys homework from the site  https://cheetahpapers.com/homework/ then you are not the student who should be looking for scholarships.