1 WP4185.11 Bsb IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 4185 OF 2011 Shiv Singh Yadav ... Petitioner v/s University of Mumbai & ors. ... Respondents Mr.Shiv Singh Yadav, the petitioner in person. Mr.Rui Rodrigues for respondent Nos.1 and 2. Mr.Nitin Jamdar for respondent No.4. CORAM: B.H.MARLAPALLE & SMT.NISHITA MHATRE, JJ. DATED: 16TH SEPTEMBER, 2011 P.C. (Per Smt.Mhatre, J.): 1. The petitioner has sought a direction against the University of Mumbai to issue an eligibility certificate to enable him to pursue the study of Law. The petitioner had passed his graduation from the University of Allahabad in the year 1984. Admittedly, this was a two years’ degree course for the Bachelor of Arts. The petitioner claims that this bachelors degree secured by him from the University of Allahabad was in consonance with the regulations of 2 WP4185.11 University Grants Commission. After this Bachelor of Arts degree, he pursued his Masters degree in Pune University. On the basis of his B.A. degree, he obtained admission for the three years LL.B. degree course in the University of Allahabad. He completed his M.A. in the year 1985 but failed in his first year of LL.B. degree course in the same year. 2. The petitioner then sought a migration certificate from the University of Allahabad and applied for admission in the Dr.Ambedkar College of Law, affiliated with the University of Mumbai. His fees for the first year of three years LL.B. course was accepted and the petitioner was admitted to the course on 14.8.2010. He appeared for the first year examination held by the University of Mumbai in November, 2010. However, the University informed the Principal of the Dr.Ambedkar College of Law that the petitioner did not have the requisite eligibility for pursuing his Law degree. This was because he had not completed the three years degree course required for pursuing the bachelors degree in Law. 3. The Bar Council of India have framed regulations under the Advocates Act in consultation with the University and the State Bar Councils, for the purpose of enrollment as an 3 WP4185.11 advocate and inspection of Universities for recognizing its degrees in Law. Under Section 2(vi), Bachelor Degree in Law means, “Bachelor degree in law” means and includes a degree in law conferred by the University recognized by the Bar Council of India for the purpose of the Act and includes a bachelor degree in law after any bachelor degree in science, arts, commerce, engineering, medicine, or any other discipline of a University for a period of study not less than three years or an integrated bachelor degree combining the course of a first bachelor degree in any subject and also the law running together in concert and compression for not less than a period of five years after 10+2 or 11+1 courses as the case may be.” Under sub-section (viii) “First Degree” has been defined as, “First Degree” means Bachelor Degree in any branch of knowledge such as Arts, Fine Arts, Science, Commerce, management, Medicine, Engineering, Pharmacy, Technology, etc. conferred by Universities or any other qualifications awarded by an institution/authority recognized by the Bar Council of India, from time to time.” 4. Admittedly, the petitioner in the present case has not completed his first degree, which means the bachelors degree in Arts within a period of three years as required by the Bar Council of India. The contention of the petitioner that he would complete the Law degree after a total academic span of 17 years as in the case of the newly 4 WP4185.11 introduced 5 years integrated LL.B. degree, is of no consequence. The petitioner sought admission to the three years LL.B. degree course after completing his bachelors degree in Arts within two years i.e. he completed his graduation in 10+2+2 system and not 10+2+3 in order to pursue his LL.B. degree, which is the condition precedent under the Rules of Legal Education framed by the Bar Council of India. 5. In these circumstances, we see no reason to issue any direction to the University to consider the petitioner eligible to pursue his bachelors degree in Law in the three years course on the basis of his bachelors degree in Arts acquired from the University of Allahabad. 6. Writ petition dismissed. (SMT.NISHITA MHATRE, J.) (B.H.MARLAPALLE, J.) 5 WP4185.11