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Degree of Law obtained through open university is legal

Raj Kumar Makkad ,
  10 May 2010       Share Bookmark

Court :
Madras High court
Brief :
Cancellation of Enrolment by Bar Council - Whether persons who obtained Post-graduate Degrees in Open Universities and thereafter joined the law course and completed, are entitled to be enrolled on the rolls of the Bar Council?
Citation :
K. Sakthi Rani v. The Secretary of The Bar Council of Tamilnadu (Decided on 16.04.2010) MANU/TN/0419/2010

Held, a conjoint reading of the provisions of the Advocates Act, would clearly show that the Bar Council of India has got ample power and authority to regulate and control the legal education, particularly with reference to entry of a student into a law course. It cannot be said for the above said purpose, the qualification for entry of a student into a law course cannot be insisted by the Bar Council of India. Judgment of the Hon'ble Apex Court would be a binding precedent insofar as it holds that a degree obtained under the Indira Gandhi National Open University Act, 1985 from an Open University is not a valid degree in the eye of law. However, the said judgment cannot be construed to hold that a person, who after obtaining the said degree from the Open University and thereafter, completed law course, would be barred from getting himself enrolled. The doctrine of promissory estoppel would be applicable to the case of the petitioners herein. petitioners have competed with the regular students and completed the course. The petitioners also got entry by way of open competition and it is nobody's case that their entry to the Law College is otherwise irregular. Hence petitioners are entitled to succeed upon Article 14 of the Constitution of India and on the principles of promissory estoppel, acquiescence, legitimate expectation and equity. Petitions challenging order of cancellation of enrollment allowed.

 

 
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Published in Constitutional Law
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