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2025 DAILYLAW 61131 (KAR)

SHRI MURUGENDRA S/O HANUMANTHAPPA v. THE STATE OF KARNATAKA

WP/106461/2025 · 2025-09-08

Suraj Govindaraj

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:11470 WP No. 106461 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 8TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 106461 OF 2025 (EDN-RES) BETWEEN: SHRI MURUGENDRA S/O. HANUMANTHAPPA, AGE: 46 YEARS, OCC. NIL, R/O. NO.#36, 19TH WARD, KHB COLONY, OPP. FOREST OFFICE, KUDLIGI ROAD, SANDUR, DIST. BALLARI - 583 119. …PETITIONER (BY SRI. PRAVEEN GEJJI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA HIGHER EDUCATION DEPARTMENT, M.S.BUILDING, AMBEDKAR VEEDHI, BENGALURU - 560 001, REPRESENTED BY ITS PRINCIPAL SECRETARY. 2. KARNATAKA STATE LAW UNIVERSITY NAVANAGAR, HUBBALLI - 580 025, REPRESENTED BY ITS REGISTRAR. …RESPONDENTS (BY SRI. P.N. HATTI, HCGP FOR R1; SRI. K.L. PATIL, ADVOCATE FOR R2) THIS WRIT PETITION IS FILED UNDER ORDER 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 30/08/2025 BEARING APPLICATION NO.LW002S250001860 Digitally signed by GIRIJA A. BYAHATTI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:11470 WP No. 106461 of 2025 VIDE ANNEXURE-E; B. ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENTS 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 09/08/2025 MADE BY THE PETITIONER.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, ORDER WAS MADE THEREIN AS UNDER: 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 30/08/2025 bearing application no.LW002S250001860 vide Annexure-E. b. Issue a writ of Mandamus directing the Respondents 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 09/08/2025 made by the Petitioner. c. Pass any such other orders that this Hon’ble Court may deem fit to in meeting the ends of justice and equity. - 3 - HC-KAR NC: 2025:KHC-D:11470 WP No. 106461 of 2025 2. The grievance of the petitioner is that the petitioner, having completed the job-oriented Pre-University Diploma Court (JOC) in the year 2000 and subsequently having completed his Bachelor of Arts programme from Gulbarga University, Gulbarga, 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). 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. - 4 - HC-KAR NC: 2025:KHC-D:11470 WP No. 106461 of 2025 4. Learned HCGP submits that 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 or JOC, and since there is no subject that the petitioner has taken up, the application of the petitioner cannot be considered. It is in that background that the eligibility certificate could not be issued. 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.Praveen Gejji, 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. - 5 - HC-KAR NC: 2025:KHC-D:11470 WP No. 106461 of 2025 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 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. - 6 - HC-KAR NC: 2025:KHC-D:11470 WP No. 106461 of 2025 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 concerned. Respondent No.1 would therefore have to have a re-look 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 30.08.2025 at Annexure-E issued by respondent No.2 is quashed. - 7 - HC-KAR NC: 2025:KHC-D:11470 WP No. 106461 of 2025 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. iv. The certificate shall be issued by the end of day 11.09.2025, which shall be considered by the college to which the petitioner applies to, by the end of day 16.09.2025, subject to the application being submitted by 15.09.2025. 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. Sd/- (SURAJ GOVINDARAJ) JUDGE gab CT:PA List No.: 1 Sl No.: 45