STUDENTS ASPIRING LAW FROM OPEN UNIV/DISTANCE EDUCATION

Advocate

The Andhra Pradesh High Court clarified that graduate degrees obtained through open universities and distance education mode are not recognised for admission into the three-year law degree course.

A division bench comprising Justice A. Gopal Reddy and Justice Samudrala Govindarajulu while upholding the explanation added to Rule 5 of Rules of Legal Education, 2008, and dismissed a batch of writ petitions filed seeking a direction to quash the explanation.
Mr B. Mallesham and nine others who had obtained bachelor degrees from open universities and distant education mode had approached the court after they were denied admission for not passing out through the regular mode.

The bench observed that admittedly, the task of maintaining legal standards was referred to an expert body like “Legal Education Committee” and the Committee after due deliberation with eminent personnel connected with the law course suggested standards to be maintained to meet global challenges.

The court said: “The students who obtained degrees through regular course are well equipped and their accent is different in information and resources once they practice law, whereas the students who obtained bachelor’s degree through Open University will not be equipped with rare degrees of qualities.” The court held that the curriculum, which was finalised by the Bar Council of India, cannot be termed as perverse or irrational to the object sought to be achieved nor can it be termed as arbitrary and illegal.


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Advocate/IP Attorney

 Hi,

I think it is for students who had obtained their degrees without doing +2 or any basic qualification.  Rule 5 of Rules of Legal Education says "Provided that applicants who have obtained + 2 Higher Secondary Pass Certificate or First Degree Certificate after prosecuting studies in distance or correspondence method shall also be considered as eligible for admission in the Integrated Five Years course or three years’ LL.B. course, as the case may be.

Explanation: The applicants who have obtained 10 + 2 or graduation / post graduation through open Universities system directly without having any basic qualification for prosecuting such studies are not eligible for admission in the law courses."

 



 

 


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Practicing lawyer(B.Com LL.M in Business law )

In this case, In my opinion the admission should be given. Then what is importance of this kind of " Open Universities. This is absolutely unfair to the degreeholders who had taken degrees from open Universties. Not a good judgement....Discouragement of getting education...? strange, according to me 


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Advocate (Shimla) 9418614888 098160-92892

http://www.barcouncilofindia.org/legal-education/queries.php


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Advocate/IP Attorney

Hi,

Same is the case with IIMs and other premiere institutions, they dont recognize these open universities and distance degrees.  Then UGC must rename those degrees with some other name and should not call them as degrees, as I definitely agree the mode of adminstering education is not as good as it is in open and distance when compared to regulars, no one gets his/her degree by answering 2 viva questions or performing a 2-hour seminar.  When it comes to assessment, it is the same how you test the candidate, then why this kind of discrimination.

I can cite and show 100 of regular colleges and educational institutions where students have less than 40% attendance, especially in law colleges (no offence).  What is UGC and Barcouncil doing in that regard, are they having a commission or committee which monitors colleges closely, IT IS A BIG NO!

It is high time that UGC reacted on this matter and do something, if you say a regular BA and distance BA is not equal, then you can the distance BA as BA-D or something.

At least they don't have to cancel the admissions of student and enrollments of the advocates who are already into practice!

Thanks,

 

 

 

 

 

 

 


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Advocate

I think the judgment does not take into issues comprehensively. It is unfair to deny admission for distance education students. Rather the court should have directed the universties to improve the quality of distance education may through weekend classes, online, video mode etc. The court has conveniently washed its hands off such concerns and straight away denied admission. It is true that the quality of legal education has to be maintained. But the approach should be different.


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Advocate

Judging from the prevailing legal education imparted in law colleges there is no difference between open universities or those online education as rightly pointed out by Venkatesh S, in attendance matters etc, and on that line of reasoning the Honb'le High Court Judgement is not proper. Firstly, the UGC and the BCI should do something to closed down those Colleges falling below the norms and standard lay down by the BCI and to take steps to improve the standard of legal education in the country and there should be strict surveliance over all those colleges, if it cannot do that there should be no bar for enrollment as an advocate with law degree from open universities or online education.


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ADVOCATE & DIRECTOR

 it is better to go for appeal 

 
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Advocate

If at all the open university degrees are not eligible to prosecute higher studies, the logic behind the education by openuniversity is absurd.Those who studied through open university should not be punished, rather the institutions alone should be taken into task, which inderctly holds the universities and authorities responsible  for this.Of couse, now the education through open university has been dispensed with,,the degrees conferred  so far should be validated through special ordinance if need be to alleviate the sufferings of those who worked hard to qalify themselves.


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Advocate (Shimla) 9418614888 098160-92892

 

New Delhi: Postgraduate degrees awarded by open universities under the distance education programme to students who did not have the basic three-year degree could not be treated on a par with PG degrees obtained after regular study from a recognised university, the Supreme Court held on Wednesday.

A Bench consisting of Justices S.B. Sinha and Mukundakam Sharma upheld a Madras High Court judgment invalidating Annamalai University PG degrees conferred on distance education students under the ‘Open University’.

The Bench rejected the university’s submission that the judgment would have far-reaching ramifications as such courses were offered not only by it but also other universities. From 1991-1992 to 2003-2004, over 2.5 lakh students who obtained such degrees were appointed to various posts and they would suffer irreparable injury.

The Bench said the provisions of the University Grants Commission Act “are binding on all universities, whether conventional or open. Its powers are very broad. They apply equally to open universities as also to formal conventional universities. ”

On post facto approval granted to the appellant-university by the Distance Education Council, the Bench said: “The DEC may be an authority under the Act, but its orders would ordinarily have only a prospective effect… The degrees become invalidated in terms of the provisions of the UGC Act. When mandatory requirements have been violated in terms of the provisions of one Act, an authority under another Act could not have validated the same and that too with retrospective effect. The provisions of the UGC Act are not in conflict with the provisions of the Open University Act. It is beyond any cavil of doubt that UGC Act shall prevail over Open University Act.”

The Bench said: “If mandatory provisions of the statute have not been complied with, the law will take its course. The consequences will ensue. Relaxation, in our opinion, furthermore cannot be granted in regard to the basic things necessary for conferment of a degree. When a mandatory provision of a statute has not been complied with by an administrative authority, it would be void. Such a void order cannot be validated by inaction.”

In the instant case, N. Ramesh, one of the appellants, and Sibi Madan Gabriel were candidates for principal in the Film and Television Institute of Tamil Nadu. When Mr. Ramesh was sought to be appointed, Mr. Gabriel raised an objection, contending that his PG degree obtained through Open University from Annamalai University was invalid. When the matter reached the Madras High Court from the State Administrative Tribunal, it held that Mr. Ramesh was not eligible to be considered for principal.

While upholding the February 4, 2008 judgment and dismissing the appeals, the Bench said “Our judgment would not affect the service of appellant Ramesh.”

The ruling by Supreme Court is 100% perfect as it's customary for any student to get a PG degree only after graduation and not after 10+2. But, unfortunately some of the substandard universities like Annamalai and others are offering this scheme which is really not acceptable. Please note here that only such degrees are not treated on par with regular degrees and not correspondence PG degrees obtained after a recognized bachelor's degree. So, don't mistake that all correspondence PG degrees are not treated on par with regular degrees. If you talk of correspondence courses in general sense, even AMIE, CA, ICWA, etc are also correspondence courses, but have high recognition both domestic and globally. Same is the case with DOEACC courses, which has wide recongnition. However, a word of caution!  Even for DOEACC courses, my suggestion is to complete graduation and then go for DOEACC "B" level, which is equivalent to MCA degree. MCA is obtained only after graduation and not after 10+2 and same thing applies for DOEACC "B" level. So, don't complain if companies are rejecting DOEACC "B" level candidates without a bachelor's degree. If you want to gain full benefit of DOEACC courses, it's better you have a bachelor's degree or simultaneously puruse a bachelor's degree along with "A" or "B" level. ..

Information taken from a web site.

regards,

rajiv chauhan (Advocate)


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