The Kerala High Court has ruled that a student who obtained 10th and 12th certificates from the National Institute of Open Schooling (NIOS) is eligible for admission to a 5-year integrated LL.B course as per the Bar Council of India (BCI) rules.
During the hearing, the NIOS informed the Court that it is a national-level board, similar to CBSE and ICSE, and its certificates are recognized by the Government of Kerala and other State Boards across India. The Association of Indian Universities had also issued a letter granting equivalence of NIOS certificates with other recognized boards for the purpose of higher education admissions across Indian universities.
Read also: Historic First: Kerala’s Pala Bar Association Elects All-Women Office Bearers
The Court further referred to Rule 5(b) of the Bar Council of India Rules on Legal Education, which states:
"Applicants who obtained a +2 pass certificate through distance or correspondence education are eligible for admission to the 5-year integrated LLB course."
However, the rule adds a condition that a student who has obtained a 12th-grade certificate from an open university without having the basic qualification for pursuing such studies would not be eligible for admission.
In this case, the petitioner had secured a primary allotment to Sree Narayana Law College through the entrance examination process. However, the college refused admission after verifying his certificates and learning that both his 10th and 12th examinations were completed under the NIOS scheme. The Principal cited the proviso in Rule 5(b), stating that students without the necessary basic qualification at the start of their open schooling are disqualified.
Read also: SC Slams Kerala HC For Quashing POCSO Case Against Teacher Accused of Harassing 52 Students
To support his eligibility, the petitioner produced documents showing that after completing the 8th standard under CBSE, he studied regularly in school for classes 9 and 10 and passed the NIOS exams accordingly.
Recognizing these facts, the High Court observed:
"Rule 5(b) of the BCI Rules on Legal Education provides that an applicant who has successfully completed Senior Secondary Course from a Senior Secondary Board or equivalent constituted or recognised by the Union or by a State Government may apply for and be admitted into the program of Integrated Degree in Law."
The Court also emphasized that the National Institute of Open Schooling is an autonomous institution under the Department of School Education and Literacy, Ministry of Education, Government of India.
Thus, the Court concluded that the petitioner had the necessary qualification and eligibility for admission to the integrated LL.B program.
Accordingly, the Kerala High Court directed Sree Narayana Law College to admit the petitioner to its 5-year integrated law course.
Counsel for the Petitioner: Adv. V. V. Suresh
Counsel for the Respondents: Advocates C. Dinesh, M. U. Vijayalakshmi, Rajit, V. Venulpal (GP)
Case No: WP(C) 36946 of 2024
Case Title: V. S. Gourishankar v Bar Council of India and Others
