MR ATIQ UR REHMAN S/O ABDUL GAFAR DIDDI v. THE STATE OF KARNATAKA
WP/106991/2025 · 2025-09-18
Suraj Govindaraj
body2025
DailyLaw.ai
[ 2025 DAILYLAW 62025 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 62025 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC-D:12653 WP No. 106991 of 2025
IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 18TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 106991 OF 2025 (EDN-RES) BETWEEN:
MR. ATIQ UR REHMAN S/O. ABDUL GAFAR DIDDI, AGE: 27 YEARS, OCC. STUDENT, R/O. 3-1-122, DIDDIKERI ONI, WARD NO. 7, 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, 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)
THIS WP IS FILED UNDER ARICLE 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO A) ISSUE A WRIT OF
Digitally signed by SAROJA HANGARAKI Location: High Court of Karnataka, Dharwad Bench, Dharwad
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HC-KAR NC: 2025:KHC-D:12653 WP No. 106991 of 2025
CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION, QUASHING THE ENDORSEMENT CERTIFICATE DATED 03/09/2025 BEARING REF.NO.LW002S250003171 VIDE ANNEXURE-F 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. 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 or any other appropriate writ, order or direction, quashing the endorsement certificate dated 03/09/2025 bearing Ref.No.LW002S250003171 vide Annexure-F 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. 2.
The grievance of the petitioner is that the petitioner, having completed the job-oriented Industrial Training
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HC-KAR NC: 2025:KHC-D:12653 WP No. 106991 of 2025
Institute (ITI) course from Vishveshwaresaiah Private industrial Training Institute, Koppal and subsequently having completed his Bachelor of Arts programme from Government First Grade College, Koppal in the year August 2023 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. 3.
Learned counsel for the petitioner submits that. the lis in the above matter is covered by a decision of this
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HC-KAR NC: 2025:KHC-D:12653 WP No. 106991 of 2025
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. Sri.K.L. Patil, learned counsel appearing for respondent Nos.2 and 3 would submit that the University is
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HC-KAR NC: 2025:KHC-D:12653 WP No. 106991 of 2025
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 Nos.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 college affiliated to the University cannot deny admission of the student to the LLB course on the basis
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HC-KAR NC: 2025:KHC-D:12653 WP No. 106991 of 2025
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.2, insofar as the notification dated 12.03.2025 is concerned. Respondent No.2 would therefore have to have a relook at this and consider the ground realities
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HC-KAR NC: 2025:KHC-D:12653 WP No. 106991 of 2025
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 03.09.2025 at Annexure-F 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, on the application being made by the petitioner. iv. A certificate shall be issued by the end of day 23.09.2025, so as to enable the petitioner to apply to a college of his choice, since the last date of
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HC-KAR NC: 2025:KHC-D:12653 WP No. 106991 of 2025
submitting the application for admission is said to be 31.09.2025. 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
VB CT:PA List No.: 5 Sl No.: 3