Study of llb

suneetha Jain (Querist) 11 April 2020 This query is : Resolved
Sir,

My Cousin who is a housewife. aged around 40 years stopped her education in 5th class. recently, she completed BA (Distance Education). She is interested in studying LLB. Please suggest Should she study 10th class again to be eliigible for LLB??

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A discussion clarifies the eligibility criteria for pursuing an LLB degree in India. It's confirmed that a completed Bachelor's degree, even obtained through distance education, is sufficient for admission into a 3-year LLB programme. The crucial point is that the graduation itself is the primary requirement, and the prerequisite 12th-grade qualification can also be obtained through various modes, including distance learning.

KISHAN DUTT KALASKAR (Expert) 11 April 2020
Dear Sir,
She is eligible to do LLB course if she literally satisfies the following conditions only. Please read rules of Bar Council of India for more clarity
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LL.B 3 YEAR AND 5 YEAR COURSE …. Required ELIGIBILITY
as perRules of Bar Council of India.
http://www.barcouncilofindia.org/educational-criteria-educational-qualification-required-for-admission-into-3-year-and-5-year-law-courses-in-india/
The Legal Education Committee at its meeting held on 30th April, 2017 considered the matter relating Rule-5 of the Legal Education Rules 2008 and clarified the definition of basic qualification and eligibility of candidates to get admitted into 3 year and 5 year Law Courses.
It was held that the proviso of this Rule dealing with distance and correspondence course vis-à-vis +2 and first degree certificate is very clear and needs no further explanation. As such persons 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 5 Years course or 3 years’ LL.B. course, as the case may be. It was further stated that so far as the explanation to this Rule-5 is concerned, this explanation also correctly describes that the applicant/s must obtain basic qualification for admission to five year degree course for which the basic qualification shall be 10th which shall be required to be followed by +2. Furthermore it was stated that the explanation to Rule-5 also correctly describes that the basic qualification for admission into three year law course would be 12th (+2) which shall be required to be followed by three year graduation.
It was also held that it is but natural that unless a person seeking admission into 5 year degree course passes 10th which is the basic qualification for the five year degree , he or she could not have got admission into +2/12th passing of which is also required for admission into the five year law course.
Similarly, it was held that a person seeking admission into three year law course would have to pass class 12th as that would be the basic qualification for the 3 year law course without passing which, he or she could not have got admission into three year graduation.
Thus in conclusion it can be stated that for seeking admission into 3 year law course qualifications needed are only 12th and three year graduation, with 12th being the basic qualification for seeking admission into 3 year law course , while for seeking admission into 5 year law course only 10th and 12th qualification suffices with 10th being the basic qualification for seeking admission into thr 5 year law course.
The qualifications of 10th, 12th (+2) and graduation may be obtained through any mode (distance / correspondence / open schooling method).
However, it is to be noted that the qualification of class 10th , 12th or graduation are subject to pass percentage of 45% for general category, 42% for OBC category, and 40% for SC/ST category subject to Rule-7 of Legal Education Rules is quoted below:-

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Raj Kumar Makkad (Expert) 11 April 2020
How she has obtained her BA degree without having the completion of matriculation?

kavksatyanarayana (Expert) 11 April 2020
I opine some Universities through Distance Education are giving exemption from minimum qualification and if a candidate completes a minority may appear for degree examination. Did your cousin in that way complete the degree exam? then give full details.

suneetha Jain (Querist) 12 April 2020
Thanks for the reply Kishan Sir. Rajkumar Sir and Satyanarayana Sir, She has not even studied 10th class. Most of the Universities, to encourage education are offering Degree (BA/BCOM etc) courses through distance education. The eligibility is the candidate must be above 18 years of age. They will conduct a nominal written test so as to test whether the student in a very basic standard questions. Later, after passing the exam, the student is admitted into the courses. Similary, my cousin has completed BA course. For further information, I request you to please refer to any university distance education website.

Guest (Expert) 12 April 2020
Graduation from a recognized University would entitle for admission in 3 years L.Lb Degree

Rajendra K Goyal (Expert) 12 April 2020
Graduation degree in any discipline is essential for admission in 3 year degree course, subject to minimum % of marks prescribed by Bar Council of India, Legal education Committee.

In this respect following lines taken from BCI site are material:
Bar Council of India may from time to time, stipulate the minimum percentage of marks not below 45% of the total marks in case of general category applicants, 42% for OBC category* and 40% of the total marks in case of SC and ST applicants, to be obtained for the qualifying examination, such as +2 Examination in case of Integrated Five Years’ course or Degree course in any discipline for Three years’ LL.B. course, for the purpose of applying for and getting admitted into a Law Degree Program of any recognized University in either of the streams.

P. Venu (Expert) 12 April 2020
Based on the norms highlighted by Learned Expert Mr. Kishan Dutt, the candidate seeking admission to three year LLB course ought to be a graduate with prescribed percentage of marks and ought to have passed the basic qualification of 12th standard. Admittedly, she has done the graduation; but has she attained the basic qualification of 12th standard?

Raj Kumar Makkad (Expert) 12 April 2020
The graduation degree obtained through Distance Education mode is duly accepted for the admission for LLB course by all universities so even if she has not cleared her matriculation but has obtained graduation degree, can get the desired admission.

P. Venu (Expert) 12 April 2020
But it is essential she should have passed 12th standard as well. The norms laid down by the Bar Council are unequivocal:

"Thus in conclusion it can be stated that for seeking admission into 3 year law course qualifications needed are only 12th and three year graduation, with 12th being the basic qualification for seeking admission into 3 year law course , while for seeking admission into 5 year law course only 10th and 12th qualification suffices with 10th being the basic qualification for seeking admission into thr 5 year law course.

The qualifications of 10th, 12th (+2) and graduation may be obtained through any mode (distance / correspondence / open schooling method)."

Rajendra K Goyal (Expert) 12 April 2020
Agree with the value addition from expert Raj Kumar makkad and sh. P. Venu.

suneetha Jain (Querist) 12 April 2020
Thank You all the Experts for your valuable suggestions.

Raj Kumar Makkad (Expert) 12 April 2020
You are always welcome Suneetha Jain.

T. Kalaiselvan, Advocate (Expert) 17 April 2020
I endorse the views expressed by experts Shri Venu and Kishan Dutt in this regard, nothing more to add except to advise the author to inform her cousin about the procedures and requirements as stated by the experts in return to her query.

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