Himachal Pradesh High Court denies enrolment to LL.B graduate who got admission sans B.A degree

The Himachal Pradesh High Court recently refused to direct the Himachal Pradesh Bar Council to enrol an LL.B degree holder as an advocate, since he had illegally obtained admission to a law college [Inderpal Singh v. Himachal Pradesh University & Ors]..Justice Jyotsna Rewal Dua said that the Bar Council's decision to not enrol Inderpal Singh was within its powers and jurisdiction under the Advocates Act and the Bar Council of India Rules.“The petitioner was very well aware at the time, when he took admission in LL.B three years Degree Course that he had not passed the B.A. examination. He was also aware about the eligibility condition that he ought to have qualified B.A. degree before taking admission to LL.B three years degree course,” the Court said.It added that Singh himself had given an undertaking that he was taking provisional admission which was liable to be cancelled if he could not complete his Bachelor's degree..Singh had taken admission in a three-year LL.B course at Mata Bala Sundri College of Legal Studies (affiliated to Himachal Pradesh University) in June 2014 despite having not completed his B.A degree. He was issued the marks certificate of the third year B.A exam held in March 2015, only in July 2015. After he completed the LL.B course in 2017, the Himachal Pradesh University issued him a provisional certificate. He had then sought enrolment with the Bar Council of Himachal Pradesh..However, the Bar Council refused to consider his application, compelling him to approach the High Court in 2018 with the grievance that the college had failed to issue clarification regarding his admission and that he had completed his degree as a regular student.The writ petition was disposed of as infructuous last year after the Bar Council considered his application and rejected it. Singh then filed another petition challenging the decision of the Enrollment Committee. He also sought ₹5 crore as damages from the University, College and the State Bar Council..The Court noted that a candidate, in order to be eligible for admission to the LL.B course, must be in possession of a Bachelor's degree. “The documents furnished by the petitioner for enrollment made it writ large that he had taken admission to LL.B three years degree course even before qualifying B.A 3rd year examination,” it observed..The Court also found that the University “bona fidely” had issued the L.L.B certificate to Singh without being aware that his admission to the LL.B course was illegal. Further, it noted that Singh was “simultaneously pursuing BA & LLB degree course”.“Such recourse was impermissible. This fact & position in law is not even disputed by learned counsel for the petitioner,” the Court said as it rejected the petition.However, the Court clarified that the petitioner would be at liberty to seek “appropriate remedy in accordance with law before appropriate forum, for his claim of damages”..Advocate Atharv Sharma represented the petitioner.Advocates Uday Shurya Kaushik and Nitin Thakur represented Himachal Pradesh University.Senior Advocate VS Chauhan and Advocate Bhanvi represented the Mata Bala Sundri College of Legal Studies and Dr YS Parmar Society for Education and Learning.Advocate Sunil Mohan Goel represented the Bar Council of Himachal Pradesh..[Read Judgment]