‘No LLB without graduation' HC court denies enrolment to man
A law graduate, Inderpal Singh, had challenged the order of a single bench of HC refusing his enrolment as an advocate.
The division bench held that as per the Advocates Act and Rules of Legal Education of 2008, a person can be admitted to the three-year LL.B course only after passing the bachelor's degree. '....thus, the prescribed standards, cannot be permitted to be eased out or diluted, just to enable the appellant-writ petitioner to seek ratification or to undo his known and admitted wrongs or inactions…', the court in its order dated July 24, order made available now.
'Permitting or granting leverage either to the candidates and/or to the institutes to resort to admissions of ineligibles dehors the established and applicable norms, shall be an illegality, which shall adversely affect the standards of education and bring inefficiency in legal profession,' the order further read.
Singh told the court that he failed to clear a paper in the final year of his undergraduate studies in 2014 and was made to reappear for the exam the next year. However, in June 2014, before clearing the failed exam, he secured admission for the three-year law course.
He gave an undertaking to the college that if he fails to complete his graduation, the provisional admission may be revoked. The college accepted the undertaking. Singh cleared the paper in July 27, 2015, and the LLB course in November 2017. However, the Bar Council of Himachal Pradesh refused to enrol him stating that he had secured admission to law college before completing his graduation, and this was in violation of the law. Even the single bench of high court had rejected Singh's plea in July last year, upholding the Bar Council's stand.
'Diluting or easing out prescribed mandates, relating to eligibility for admission to a course shall lead to educational chaos, which shall result in disturbing the entire education system, except in eventualities, when, the same is expressly permitted under the Statute or Rules' added the judgment.
The order further read, 'Non-fulfilment of eligibility conditions prescribed in norms, governing admission to a course of study is an illegality and ignorance of law is no excuse and the appellant -writ petitioner (Inderpal) has neither any locus nor any right to seek rectification of an illegality in admission to LLB Course made dehors the norms, and this inherent ineligibility has resulted in rendering the appellant-writ petitioner ineligible for enrolment as an advocate in terms of the Statute and Rules.'
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