- 1 - HC-KAR NC: 2025:KHC:48920-DB WP No. 34065 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF NOVEMBER, 2025 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT PETITION NO. 34065 OF 2025 (EDN-RES-PIL) BETWEEN: 1. YANKAPPA R SAKRE @ VENAKATESH R SAKRE S/O LATE RAMANNA SAKRE AGED ABOUT 63 YEARS R/O NO. 1, GROUND FLOOR 1ST CROSS, VINAYAKA LAYOUT 13TH BLOCK, NAGARABHAVI 2ND STAGE BENGALURU - 560 072 …PETITIONER (BY SRI DANAPPA P. PANIBHATE, ADVOCATE) AND: 1. PRINCIPAL SECRETARY THE BAR COUNCIL OF INDIA 21, ROUSE AVENUE INSTITUTIONAL AREA NEAR BAL BHAWAN NEW DELHI -110 002 2. THE REGISTRAR KARNATAKA STATE LAW UNIVERSITY NAVANAGAR HUBBALLI - 580 025 Digitally signed by PRABHAKAR SWETHA KRISHNAN Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:48920-DB WP No. 34065 of 2025 3. THE PRINCIPAL S. J. SCHOOL OF LAW NO. 146, REFLEX LAYOUT DR. VISHNUVARDHANA ROAD UTTARAHALLI-KENGERI MAIN ROAD BENGALURU - 560 060 …RESPONDENTS (BY SMT. NILOUFER AKBAR, AGA FOR R-1) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA READ WITH RULE 14(1) OF THE HIGH COURT OF KARNATAKA (PRACTICE AND PROCEDURE FOR PUBLIC INTEREST LITIGATION) RULES, 2018 PRAYING TO ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION DECLARING THAT THE FIXATION OF 42% MINIMUM QUALIFYING MARKS WITHOUT GAZETTE NOTIFICATION FOR OBC CANDIDATES FOR ADMISSION TO THE 3-YEAR LL.B. COURSE BY THE RESPONDENT-2, KARNATAKA STATE LAW UNIVERSITY, HUBBALLI IS ILLEGAL, ARBITRARY AND ULTRA VIRES TO THE BAR COUNCIL OF INDIA'S "LEGAL EDUCATION RULES, 2008", THE ADVOCATES ACT, 1961 AND THE GENERAL CLAUSES ACT, 1897 AND IS LIABLE TO BE SET ASIDE VIDE ANNEXURE-D AND ANNEXURE-L & ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:48920-DB WP No. 34065 of 2025 CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MR. JUSTICE C.M. POONACHA ORAL ORDER (PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE) 1. The petitioner has filed the present public interest litigation, inter alia, challenging the minimum educational criteria for admission to law colleges affiliated with respondent No.2- Karnataka State Law University [KSLU]. 2. The KSLU had issued a notification dated 19.07.2025 for admission to 3 year L.L.B. course for the academic year 2025-26. The eligibility criteria has been specified in the said notification, which provided that candidates belonging to the Other Backward Classes [OBC] should have obtained a minimum aggregate of 42% marks in the qualifying examination. The said criteria was further relaxed for SC/ST candidates to 40%. 3. It is the petitioner's case that the minimum educational criteria for candidates belonging to OBC category should also be in parity with the minimum marks as fixed for SC/ST candidates. The petitioner also submits that the National Law School of India, - 4 - HC-KAR NC: 2025:KHC:48920-DB WP No. 34065 of 2025 University of Bengaluru has also fixed the minimum criteria of 40% for candidates belonging to SC/ST as well as OBC category. 4. It is relevant to refer to Rule 7 of the Rules of Legal Education, 2008, which specifies the minimum marks in qualifying examinations for admission to L.L.B. courses. The said Rule is set out below: "7. Minimum marks in qualifying examination for admission - Bar Council of India may from time to time, stipulate the minimum percentage of marks not below 45% of the total marks in case of general category applicants, 42% for OBC category and 40% of the total marks in case of SC and ST applicants, to be obtained for the qualifying examination, such as +2 Examination in case of Integrated Five Years’ course or Degree course in any discipline for Three Years’ LL.B. course, for the purpose of applying for and getting admitted into a Law Degree Program of any recognized University in either of the streams. Provided that such a minimum qualifying marks shall not automatically entitle a person to get admission into an institution but only shall entitle the person concerned to fulfil other institutional criteria notified by the institution concerned or by the government concerned from time to time to apply for admission." 5. It is apparent from the plain language of the aforementioned Rule that the Bar Council of India can stipulate the minimum percentage of marks. However, the same cannot be below 42% for - 5 - HC-KAR NC: 2025:KHC:48920-DB WP No. 34065 of 2025 candidates belonging to OBC category and 40% in case of candidates belonging to SC/ST category. 6. In the aforesaid view, we are unable to fault the eligibility criteria of minimum aggregate marks of 42% for candidates belonging to OBC category for admission to colleges affiliated with the KSLU. 7. The question whether any other college could specify minimum threshold of marks in the qualifying examination for candidates belonging to OBC category may require examination. However, the petitioner's challenge to the notification issued by KSLU cannot be faulted. 8. The petition is accordingly disposed of. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C.M. POONACHA) JUDGE KPS List No.: 2 Sl No.: 10