Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC-D:12955 WP No. 107083 of 2025
IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 23RD DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 107083 OF 2025 (EDN-RES) BETWEEN:
MR. KHAJAMOYANUDDIN BABA S/O. ABDUL NABI CHATNI, AGE. 27 YEARS, OCC. STUDENT, R/O. 1/5/528, PALTAN STREET, TQ. AND DIST. KOPPAL-583231. …PETITIONER (BY SRI. RAHUL S.KUNTOJI, ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA, REP. BY ITS PRINCIPAL SECRETARY EDUCATION DEPARTMENT, M S BUILDING, AMBEDKAR VEEDHI, BENGALURU-560001.
2.
THE KARNATAKA STATE LAW UNIVERSITY NAVANAGAR HUBBALLI, NAVANAGAR, HUBBALLI, DIST. DHARWAD-580025.
3.
BHARATRATNA SHRI ATAL BIHARI VAJPAYEE LAW COLLEGE, REP. BY ITS PRINCIPAL, GADAG ROAD, TQ. AND DIST. KOPPAL-583238. …RESPONDENTS (BY SRI. P.N. HATTI, HCGP FOR R1;
SRI. K.L. PATIL, ADVOCATE FOR R2;
NOTICE TO R3 IS DISPENSED WITH)
Digitally signed by GIRIJA A. BYAHATTI Location: High Court of Karnataka, Dharwad Bench, Dharwad
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HC-KAR NC: 2025:KHC-D:12955 WP No. 107083 of 2025
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO, A. ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT,
ORDER OR DIRECTION, QUASHING THE ENDORSEMENT CERTIFICATE DATED 17/09/2025 BEARING REF. NO. LW002S250003541 VIDE-ANNEXURE-D ISSUED BY RESPONDENT NO.2 REJECTING THE PETITIONER S ELIGIBILITY CERTIFICATE. B. ISSUE A WRIT OF MANDAMUS DIRECTING RESPONDENT NO.2 TO ISSUE THE ELIGIBILITY CERTIFICATE TO THE PETITIONER AND APPROVE HIS ADMISSION TO THE 3-YEAR LL.B COURSE IN RESPONDENT NO.3 COLLEGE AND ETC.,.
THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ)
1. The petitioner is before this Court seeking for the following reliefs: a) Issue a writ of Certiorari or any other appropriate writ,
order or direction, quashing the endorsement certificate dated 17/09/2025 bearing Ref. No. LW002S250003541 vide-Annexure-D issued by Respondent No.2 rejecting the petitioner’s eligibility certificate.
b) Issue a writ of mandamus directing Respondent No.2 to issue the eligibility certificate to the petitioner and approve his admission to the 3-year LL.B course in Respondent No.3 College.
c) Pass such other order or orders as this Hon’ble Court may deem fit in the interests of justice and equity.
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HC-KAR NC: 2025:KHC-D:12955 WP No. 107083 of 2025
2. The grievance of the petitioner is that the petitioner, having completed the job-oriented Industrial Training Institute (ITI) course in the year 1999 and subsequently having completed his Bachelor of Arts programme from Maulana Azad National Urdu University, had applied for admission to the Bachelor of Laws 3-year course in respondent No.2 University. He had approached several law colleges, which are affiliated to Karnataka State Law University (KSLU). When he was informed that his application could not be accepted, let alone considered, since there is a notification which has been issued by the respondent- State on 12.03.2025, requiring a candidate to have taken up a language as a subject in ITI, and the same not having been done, the petitioner’s application not having been accepted, an endorsement having been issued by the University, the petitioner is before this Court seeking for the aforesaid reliefs.
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HC-KAR NC: 2025:KHC-D:12955 WP No. 107083 of 2025
3.
Learned counsel for the petitioner submits that the lis in the above matter is covered by a decision of this Court dated 09.12.2024 in WP No.31737 of 2024, in the case of Rakesh Shetty Vs. The State of Karnataka and Others, inasmuch as this Court, after considering the eligibility of admission under Rule 5 of the Bar Council of India Rules, has categorically opined that, insofar as 3-year course is concerned, a degree (B.COM in that case) after ITI could be taken into consideration for admission. His submission, insofar as the notification is concerned, is that the ITI course would not have a language and therefore, the notification itself is bad in law. 4. Learned AGA seeks to defend the said notification by contending that the language or a subject experience is required for the purpose of enrolment in the law degree programme, and it is in that background that the said condition is being imposed. - 5 -
HC-KAR NC: 2025:KHC-D:12955 WP No. 107083 of 2025
5. Sri.K.L. Patil, learned counsel appearing for respondent No.2, University, would submit that the University is required to comply with the notification which has been issued by respondent No.1-State, and the University as such would abide by any orders passed by this Court. 6. Heard Sri.Rahul S.Kuntoji, learned counsel for the petitioner, Sri. P. N. Hatti, learned HCGP for respondent No.1 – State and Sri.K. L. Patil, learned counsel for respondent No.2 – University. Perused the papers. 7. The aspect of the eligibility for 3-year LLB course has been extensively dealt with by this Court in Rakesh Shetty’s case (supra), and this Court has come to a categorical conclusion that, once a degree has been obtained, the said degree would be the qualifying course for being enrolled in the LLB course. The candidate having been held to be eligible for a degree course on the basis of ITI/diploma which had been obtained by the said candidate, the University or any
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HC-KAR NC: 2025:KHC-D:12955 WP No. 107083 of 2025
college affiliated to the University cannot deny admission of the student to the LLB course on the basis of the fact that instead of PUC, the candidate had secured an ITI course. The said reasoning of the Court in Rakesh Shetty’s case would be equally applicable to the present case also. 8.
Insofar as the notification is concerned, there is no particular challenge which has been made to the notification. As such, the said notification, when challenged, would have to be dealt with separately. 9. Be that as it may, at this stage, on enquiry, when it is submitted that in ITI course, a language is not part of the curriculum, the question of imposing a condition that the student should have studied a language in the ITI course, which is not part of the curriculum, is completely devoid of merit and indicates the non- application of mind on the part of respondent No.1, insofar as the notification dated 12.03.2025 is
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HC-KAR NC: 2025:KHC-D:12955 WP No. 107083 of 2025
concerned. Respondent No.1 would therefore have to have a relook at this and consider the ground realities of no language being offered as a subject in ITI Course and issue suitable directions. 10. In that view of the matter, I pass the following:
ORDER i. Writ Petition is allowed. ii. Certiorari is issued, endorsement dated 17.09.2025 at Annexure-D issued by respondent No.2 is quashed. iii. A mandamus is issued directing respondent No.2 to issue eligibility certificate to the petitioner on the basis of the B.A. degree completed by the petitioner, for the purpose of admission into 3 year law course, within two days from now.
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HC-KAR NC: 2025:KHC-D:12955 WP No. 107083 of 2025
iv. A certificate shall be issued by the end of day 25.09.2025, so as to enable the petitioner to apply to a college of his choice. v. The counsel for respondent No.2 University is
directed to communicate the operative portion of the order to respondent No.2, who shall act on the same without waiting for a certified copy of the entire order. vi. Hand delivery of the operative portion is ordered.
Sd/- (SURAJ GOVINDARAJ) JUDGE
RH CT: UMD List No.: 1 Sl No.: 34