Introduction:

In a noteworthy verdict, the Karnataka High Court has set aside the Karnataka State Bar Council’s decision to deny enrollment to a government servant who pursued a law degree during his service and sought enrollment post-retirement. Justice Ashok S Kinagi, on a single judge bench, deemed the rejection unjust, emphasizing that questioning a valid certificate without cancellation by the appropriate authority could lead to unwarranted challenges. The petitioner, a retired Assistant Registrar, faced resistance from the Bar Council, alleging ineligibility due to a lack of documentation proving attendance during the law course.

Arguments:

The petitioner, a former Typist in the judicial department, obtained permission to pursue an LLB degree while in service. The Bar Council, however, contended that the petitioner did not submit proof of attending classes during his employment, making him ineligible for enrollment. The petitioner, backed by a Provisional Degree Certificate and Convocation Certificate from Gulbarga University, argued that the Bar Council had no right to challenge the university’s decision.

Court’s Judgment:

Justice Kinagi, examining the records, noted the university’s certification of the petitioner meeting all criteria for examinations. The court emphasized the presumption of eligibility when the university issues a Provisional Degree Certificate, asserting that only a court or appropriate authority could challenge it through cancellation. Consequently, the court found the Bar Council’s rejection unsustainable, ruling in favor of the petitioner’s enrollment.