Distance education hampers state bar council entry in Telangana; LLB graduates seek SC intervention

NEW DELHI: In December, STS Glaides (45) filed a Special Leave Petition (SLP) in the Supreme Court after failing to get enrolled as an advocate with the Bar Council of Telangana. She had moved the Telangana High Court first but it dismissed her petition in October 2024. The problem: her bachelor’s degree was earned through a correspondence course.

The issue extends beyond Glaides. Her advocate, Gaurav Kumar, emphasised that the Bar Council of India’s Rules of Legal Education 2008 permits candidates with correspondence or distance education in Classes 10, 12 and graduation to pursue three-year or five-year LLB programmes.

He added, “The proviso to Rule 5 of Chapter II of the Rules of Legal Education, 2008 states that applicants who have obtained 10+ 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 five years course or three years LLB, as the case maybe.”

However, in 2018, the first judgment in the matter, Madras High Court’s three-judge (division) bench in the GS Jagadeesh vs The Chairman case ruled that candidates applying to LLB must have cleared Class 10 and 12 from a board recognised by the state of Tamil Nadu and have graduated from an Indian university, by attending a regular course. But it allowed students who had studied and given exams privately to be eligible.

The bench stated: “A candidate cannot be excluded on the mere ground that he appeared for the Higher Secondary Course Examination as a private candidate without attending regular school or a correspondence course.”

However, the BCI rules disqualify applicants who obtained qualifications through open universities "without basic qualification” but don’t clarify what that means exactly. The Madras HC case involved a candidate who had studied only until Class 8 in regular mode and appeared for the Class 10 and 12 exams as a private candidate.

Kumar challenges this interpretation, advocating for LLB graduates' right to practise law across states. In Telangana, numerous enrollment requests in the state bar council have been rejected, affecting candidates like Glaides.

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Telangana High Court order, ‘corruption’ claims

J Ganesh Kumar, another petitioner, faced rejection in 2023 despite completing his three-year LLB from Osmania University. "The BCI rules clearly validate three-year degrees, whether distance, correspondence, or regular. The Telangana Bar Council failed to present this to the High Court, leading to numerous dismissals," he explained. After waiting for months and being denied permission to practice, he is currently pursuing LLM from Osmania University.

Waheed Shaik's case further illustrates the issue. Shaik’s schooling was entirely in regular mode but his graduation degree is from Dr BR Ambedkar Open University where he pursued a distance programme. Shaik, who earned an LLB from Osmania University in 2023, had to sue even to obtain a state bar council application form.

The Telangana High Court’s intervention in February 2024 made it possible for him to apply but the state bar council rejected his application four months later, citing the Madras HC ruling. “Despite my education being recognised under UGC-affiliated institutes, the state bar council dismissed my enrollment form," he added.

Glaides alleges widespread corruption, claiming enrollments are secured through backdoor payments of Rs 2-3 lakh. Kumar points to the irony that while other state councils continue enrollments, Telangana's restrictions force local lawyers to practice elsewhere.

“This is leading to a decline in the number of advocates in Telangana,” he added. Kumar (petitioner) added that a few candidates with similar degree issues have received enrollment in the council.

Kumar’s enrolment was also held for four months and was denied later referring to the Madras High Court judgment.

In response to an email sent by Careers360 asking about the delay as well as the allegations, the secretary of the State Bar Council said: “With reference to your above mail, it is to inform you that the Bar Council of Telangana is a statutory body constituted under Sec.3 of the Advocates Act, 1961. It is false allegations without any proper evidence amounts to misconduct or offences.Therefore, I am hereby warned not to repeat such acts in future, failing which necessary action will be initiated against you.”

Madras HC judgement: ‘Wrong precedent’

The proviso of BCI Rules of Legal Education 2008 clarifies that candidates' studies in distance or by correspondence method are “deemed on par with regular courses” conducted by a recognised institution. Kumar (advocate) added that several other similar judgments have referred to and followed the judgments of the Madras High Court, leading to a wrong precedent.

"This created a problematic precedent across states like Telangana and Maharashtra. We're seeking Supreme Court intervention for an authoritative decision based on BCI rules rather than previous judgments, as the Madras case was distinct."

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Even Kumar (petitioner) and other petitioners who tried practising in Telangana were denied enrollment on the grounds of not following the BCI rules. Many misinterpreted both the BCI rules and the Madras High Court judgments. “It is the incompetence of our councils leading to candidates moving away from the states or struggling for opportunities to practice as a lawyer,” he said. “What is the relevance of a law degree if a candidate is not allowed to practice in the court,” he added.