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 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 the 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:-
Minimum marks in qualifying examination for admission
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. Provided that such a minimum qualifying marks shall not automatically entitle a to get admission into an institution but only shall entitle the person concerned to fulfill other institutional criteria notified by the institution concerned or by the government concerned from time to time to apply for admission.”
Therefore, the Universities may kindly act per the above said clarifications.