The Supreme Court has permitted provisional enrolment as advocates of candidates whose LL.B. degrees were obtained through regular mode, but whose preceding educational qualifications were completed through open, distance or correspondence mode.
A Bench comprising Justice Vikram Nath and Justice Sandeep Mehta passed the order in civil appeals concerning the interpretation of Rule 5 of the Bar Council of India’s Rules of Legal Education, 2008.
Two interim applications were filed seeking permission for enrolment as advocates pending final adjudication of the appeals.
In one case, the applicants had completed their school education and Bachelor’s degrees from Dr B.R. Ambedkar Open University, Hyderabad, before pursuing three-year LL.B. courses through regular mode from BCI-recognised universities. Their enrolment applications were not processed on the ground that their Bachelor’s degrees had been obtained through open or distance education.
In another case, the applicant completed his intermediate qualification in 2005 and obtained a B.Com. degree through distance mode from Madurai Kamaraj University in 2006. He subsequently completed a regular three-year LL.B. course from Marwadi Siksha Samithi Law College, affiliated with Osmania University, in September 2020. His application for enrolment with the Telangana State Bar Council was rejected, with the Telangana High Court upholding the decision on October 14, 2024.
The Supreme Court clarified that it was not expressing any opinion on the merits or interpretation of Rule 5, which would be examined at the final hearing.
However, the Court observed that continued denial of enrolment during the pendency of the appeals could cause avoidable prejudice to candidates who had completed their regular law degrees and prevent them from entering the legal profession.
The Bench therefore directed the Telangana State Bar Council to provisionally enrol the applicants and the concerned appellant, subject to verification of their educational and other requisite documents and compliance with applicable requirements.
The Court made it clear that the provisional enrolment would remain subject to the final outcome of the appeals and would not create any equity in favour of the candidates.
The interim applications were accordingly disposed of.
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