The Karnataka High Court recently held that it was not for a State Bar Council to question a law degree certificate on the ground that the degree holder was not eligible to obtain it. [Shelhan v. Karnataka State Bar Council and Anr]Justice Ashok S Kinagi upheld the presumption of eligibility, given that the university had issued the the provisional degree and convocation certificates to the petitioner."When University has issued the Provisional Degree Certificate and Convocation Certificate to the petitioner, there is a presumption of eligibility of the candidate to be conferred the certificate. It is not for any other authority to question the certificate on the ground of ineligibility to obtain the certificate, until and unless the certificate is cancelled by an appropriate authority and/or by a Court of law," the order stated.The Court was hearing a writ petition filed by the frmer Assistant Registrar of a civil court in Bidar. After being appointed initially as a typist, he decided to pursue an LL.B. course and was allowed the same by the Principal District & Sessions Judge.Consequently, he joined the course in year 2000 and completed it successfully. Accordingly, he was issued a degree and convocation certificate by Gulbarga University.Upon retirement in 2018, he approached the Karnataka State Bar Council (KSBC) for enrolment as an advocate. However, his application was rejected on the ground that he was not eligible to obtain the degree certificate. This, the State Bar Council said, was done in accordance with a Bar Council of India (BCI) resolution.The petitioner argued that the University had no concerns regarding his eligibility and had allowed him to take exams and consequently obtain a degree. Further, he pointed out that the State Bar Council had not challenged the degree certificate. On these grounds, he sought quashing of the order of the State Bar Council.BCI and KSBC, on the other hand, pointed out that the petitioner was employed in the court during his LL.B. course and was unable to show that he had attended college classes.Therefore, they contended that the petitioner's application had rightly been rejected for lack of attendance, and sought dismissal of the petition.The Court underlined that the University allowed the petitioner to appear for exams, indicating that he had fulfilled all criteria required.Hence, it was not for any other authority to question the degree certificate on grounds of ineligibility, the Court said."To hold otherwise would be to open the pandora's box, for years later certificates might be questioned on grounds such as shortage of attendance, failure to clear internal tests, examinations and the like and it would be impossible for candidates possessing the degree and/or certificate to adduce cogent materials to satisfy those questioning the certificates," the Court added.Accordingly, the Court allowed the writ petition. It quashed the assailed order and directed the State Bar Council to process the petitioner's application for enrolment afresh, expeditiously.The petitioner was represented by Advocate HL Pradeep Kumar.The Karnataka State Bar Council was represented by Advocate Nataraj G.Bar Council of India was represented by Advocate Sridhar Prabhu.
TAGS: Karnataka High Court Law degree certificate State Bar Council Presumption of eligibility Shelhan v. Karnataka State Bar Council and Anr Justice Ashok S Kinagi Gulbarga University Enrolment as advocate Bar Council of India (BCI)
