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Judgment
The petitioner has approached this Court seeking the following reliefs:
a. This Hon'ble Court may be pleased to issue a writ of mandamus or any other appropriate writ or direction to the 3rd respondent to issue
the BAL degree certificate to the petitioner.
b. Direct the 1st and 2nd respondent the necessary steps to be taken in furtherance of 4th Semester mark list and publish it.
c. This Hon'ble Court direct the 1st, 2nd, 3rd respondent to grant readmission on ground of hurdles faced by petitioner to 9th semester, via
3 year LLB degree programme.
Counsel for the respondent submits that as far as relief No.1 is concerned, the same has been granted as per the degree dated 12th of June 2019,
Ext.P10. Regarding 2nd relief, the result of the 4th semester exam has already been listed as the petitioner has completed 9th semester. With regard
to relief No.3, there is an interdiction as per Bar Council of India Rules, Part IV, Chapter II, which provides any lateral entry on the plea of graduation
in any subject or exit by way of awarding a splitting degree. But as per the Bar Council Rules of Legal Education, 2008 and approved by the Board of
Studies Meeting held on 17.9.2018, clause 23 permits such students to seek re-admission on account of availability of seats in the concerned semester,
subject, to rules framed by the University and Government of Kerala from time to time, provided that only those students who have dropped out/been
detained/obtained transfer certificate or discontinued from any semester of Integrated Five year LLB (Hons.) course as per these regulations alone
will be eligible for re-admission. Petitioner's grievance can be vindicated in case he seeks readmission but cannot be permitted to attend 10th semester
as there has been a change in the syllabus with effect from 2015 onwards. Had there not been a change in the subjects, the impediment as per the
Bar council Rules would not have come into force nor the petitioner would have to seek any readmission.
Learned Government Pleader submits that Ext.R1(a) transfer certificate reflects that the petitioner had discontinued his studies.
I have heard the learned counsel for the parties and appraised the paper book. For the sake of brevity, clause 23 of common regulation for the five
year integrated double degree LLB (Honors) courses is extracted herein below:
23: Re-admission
Re-admission to each semester shall be according to the availability of seats in the concerned semester. This shall also be subject to rules framed by
the University and Government of Kerala from time to time. Application for Re-admission shall be submitted to the University, 3 weeks before the
commencement of the Semester to which the applicant seeks for admission.
Provided that only those students who have dropped out/been detained/obtained transfer certificate or discontinued from any semester of Integrated
Five Year L.L.B (Hons.) course as per these regulations alone will be, eligible for re-admission.
Since the relief Nos. 1 and 2 have already been granted in favour of the petitioner, for the purpose of relief No.3, the petitioner has no other option but
to seek readmission. Thus the relief No.3 cannot be granted with a caveat that the petitioner is at liberty to seek readmission. Writ petition stands
disposed of.