10+2/ graduation through distance learning? Not eligible to study law

In an effort to “raise the bar” the Bar Council of India (BCI) has informed the Supreme Court , that it won't allow students who've completed higher education through distance learning (open universities)- to take admissions in law courses. BCI further stated that it would consider a candidate having worked with a lawyer and conversant with the profession also as “irrelevant”. Simply stated, if a candidate has obtained any of the degrees (10+2, graduation or post-graduation) through open universities that are otherwise recognized by the UGC, he would be denied admission to law studies by the BCI.

The BCI reasoned out this decision on the assertion that a formal education of 15 years (10+2+3) cannot be equated to a non formal scheme of 3 years of distance education imparted under an open university. The BCI in its affidavit filed through advocate Ardhendumauli Kumar Prasad, is supported by the provisions of the Bar Council of India Rules, 2008 that discriminates the regular and non-regular students.  The affidavit which was in response to a PIL filed by K Shravan Kumar challenging the validity of Rule5, will come to a hearing on Monday. Kumar alleged this as a violation to his fundamental rights to equality and education being a means to earn his livelihood.

The BCI responded that a person has no right to get admitted to a course of higher professional education unless he fulfills the conditions laid down by a regulatory body (which in this case is the BCI.) Disposing off the PIL in the interest of safeguarding the betterment of legal profession, BCI asserted that it would continue to permit students to study law as per its current policy. It clarified that law was a profession intended to serve the society and not a means to earn livelihood and so the merit and excellence associated with it cannot be compromised.