- 1 - HC-KAR NC: 2025:KHC-D:9750 WP No. 103653 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 5TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 103653 OF 2025 (EDN-RES) BETWEEN: SHRI SHAMASUNDAR S/O. HANMANTHAPPA TALWAR, AGE: 28 YEARS, OCC. STUDENT, R/O. NO. 52, 6TH WARD, VINAYAK NAGAR, IKAL,T TQ. ILKAL, DISTRICT: BAGALKOTE-587125. …PETITIONER (BY SRI. U.J. HAVALDAR, ADVOCATE FOR SRI. SHIVARAJ S. BALLOLI, SRI. SOURABH R. MIRJE, ADVOCATES) AND: 1. THE STATE OF KARNATAKA EDUCATION DEPARTMENT M.S. BUILDING, AMBEDKAR VEEDHI, BENGALURU-560001, REPRESENTED BY ITS PRINCIPAL SECRETARY. 2. KARNATAKA STATE LAW UNIVERSITY NAVANAGAR, HUBBALLI-580025, REPRESENTED BY ITS REGISTRAR. …RESPONDENTS (BY SRI. P.N. HATTI, HCGP FOR R1; SRI. K.L. PATIL, ADVOCATE FOR R2) R GIRIJA A. BYAHATTI Digitally signed by GIRIJA A. BYAHATTI Location: High Court of Karnataka, Dharwad Bench Date: 2025.08.07 12:02:08 +0530 - 2 - HC-KAR NC: 2025:KHC-D:9750 WP No. 103653 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 QUASHING THE IMPUGNED ENDORSEMENT ISSUED BY RESPONDENT NO. 2 DATED 03/06/2025 BEARING APPLICATION REF NO. LW002S250000069 VIDE ANNEXURE-E. B. ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENT NO.2 TO ISSUE AN ELIGIBILITY CERTIFICATE TO THE PETITIONER AND ALLOW HIM FOR ADMISSION IN ANY AFFILIATED LAW COLLEGES OF RESPONDENT NO.2 PURSUANT TO THE APPLICATION DATED 01/06/2025 MADE BY THE PETITIONER VIDE ANNEXURE-D. C. PASS ANY SUCH OTHER ORDERS THAT THIS HON’BLE COURT MAY DEEM FIT TO IN MEETING THE ENDS OF JUSTICE AND EQUITY. THIS 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 quashing the impugned endorsement issued by Respondent No. 2 dated 03/06/2025 bearing Application Ref No. LW002S250000069 vide Annexure- E. B. Issue a writ of Mandamus directing the Respondent No.2 to issue an Eligibility Certificate to the Petitioner and allow him for Admission in any affiliated Law Colleges of Respondent No.2 pursuant to the Application dated 01/06/2025 made by the Petitioner vide Annexure-D. - 3 - HC-KAR NC: 2025:KHC-D:9750 WP No. 103653 of 2025 C. Pass any such other orders that this Hon’ble Court may deem fit to in meeting the ends of justice and equity. 2. 2. The grievance of the petitioner is that the petitioner, having completed the job-oriented Industrial Training Institute (ITI) course in the year 2015 and subsequently having completed his Bachelor of Arts programme from Rani Channamma University, Belagavi, 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 - 4 - HC-KAR NC: 2025:KHC-D:9750 WP No. 103653 of 2025 issued by the University, the petitioner is before this Court seeking for the aforesaid reliefs. 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 - 5 - HC-KAR NC: 2025:KHC-D:9750 WP No. 103653 of 2025 degree programme, and it is in that background that the said condition is being imposed. 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.Shivaraj Balloli, 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 - 6 - HC-KAR NC: 2025:KHC-D:9750 WP No. 103653 of 2025 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 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 - 7 - HC-KAR NC: 2025:KHC-D:9750 WP No. 103653 of 2025 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 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 03.06.2025 at Annexure-E 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 - 8 - HC-KAR NC: 2025:KHC-D:9750 WP No. 103653 of 2025 petitioner, for the purpose of admission into 3 year law course, within two days from now. iv. A certificate shall be issued by the end of day 07.08.2025, so as to enable the petitioner to apply to a college of his choice, since the last date of submitting the application for admission is said to be 08.08.2025. 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 gab CT:PA List No.: 1 Sl No.: 36