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Legal Validity of the ll.b degree

Querist : Anonymous (Querist) 01 July 2015 This query is : Resolved 
Sir, I am a permanent primary school teacher in a state govt. undertaking govt.primary school. But want to go for the higher studies in law and I have taken admission in a full time 3yr, ll.b degree and have submitted my all supporting documents of my employment to the university. And I ask for a 'no objection certificate' from my employer but did not get the 'noc'. But I am continuing the full time ll.b course by taking all the valid leaves i.e. C.L/without pay leave. And my attendance for the class is perfect and regular.
My question is that after getting this 3yr, full time, ll.b degree, in future can I register my degree in the Bar Council of India as an advocate, if I resign from my job at that time? And at that time can I go for the judicial exam or any other law based exam for govt. Job? And is there any chance to face any legal problem on the matter of this degree, if so, what should I need to do at that time?
Please, help...
Sudhir Kumar, Advocate (Expert) 02 July 2015
you are liable for disciplinary action.

even if the deptt doe snot take disciplinary action still it will not enter this qualification in service record and will not forward any application for any job/deputation where LLB is the required qualification.

you cannot enroll as long as you are in service.
Guest (Expert) 02 July 2015
Your query relates to two different aspects. So far as NOC is concerned from your employer, you were required to take prior permission for taking admission in the course.

So far as validity of degree for the purpose of practice after enrolling with the Bar Council is concerned, I wonder to know, being a 3rd year law student, as to why you were not able to apply your own knowledge whether NOC or no NOC by your department can affect the validity of a degree granted by a university. That would be quite valid for the purpose of practice.

The only thing is that you cannot avoid any action of your employer on account of misconduct as per the Conduct & Discipline Rules of your own department/ university. Your resignation would also depend upon vigilance clearance.

Better try to get post facto permission of the competent authority of your department prior to tendering your resignation.


Rajendra K Goyal (Expert) 02 July 2015
you have applied for NOC, send reminder to the department and keep all records.
P. Venu (Expert) 02 July 2015
Strictly speaking, both the matters are trivial and should not affect either your present job or your future as a legal professional. However, given the prevalent misconceived notions about discipline and authority, you may face a number of challenges ahead.
Sudhir Kumar, Advocate (Expert) 02 July 2015
I am not able to agree with Mr RK Goyal.

Mere keepiong a copy of the correspondence with deptt is not enough. There should be a positive reply stating that you have been permitted to pursue ABC course in XYZ university.
Sudhir Kumar, Advocate (Expert) 02 July 2015
I am not able to agree with Mr P Venu.

Matter is not trivial. Pursuing educational courses while in service without permission of the deptt, is a clear misconduct. The notion is not misconceived.

The deptt may abstain from taking action it may be their laziness or magnanimity.

If you want to join bar then lack of NOC will not effect.

But if you continue in service then bear it that whether deptts takes disciplinary action or not, the benefit of this degree in career enhancement (if there is any opening at later staage) will be "ZERO"
Querist : Anonymous (Querist) 03 July 2015
Thank you all of you for the helpful suggestions. Actually sir, I applied for the NOC. But they didnot care for it and had not send the application to the head office of the department and returned it. But at the time of ll.b admission, I submitted my all supporting documents of my service to the university. And I m using the valid leaves like C.L/without pay leaves for continuing the classes. My questions are that shall I able to apply for judicial exam and any other law based govt. job or shall I able to enroll my degree as an advocate if I will leave my present job at that time only? but at present I am not going to leave my job so Is my present job going to create any problems in my future profession?


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