The Court, while refusing to issue a directive on equivalence, instructed the BCI to provide a detailed and reasoned decision on the petitioner’s representation seeking recognition of equivalence between the two courses
The Delhi High Court has declined to instruct the Bar Council of India (BCI) to certify a three-year LL.B (Hons) degree from the University of Hertfordshire in the United Kingdom as equivalent to an undergraduate law degree in India. The petitioner, who completed his schooling in India before pursuing his LL.B. at Hertfordshire, sought to enroll as an advocate in India based on his foreign degree. The BCI, however, required him to complete a two-year bridge course at the India International University of Legal Education and Research in Goa to qualify for enrollment. Citing financial difficulties, the petitioner challenged this requirement in court.
Justice C. Hari Shankar emphasized that the authority to determine equivalence of academic qualifications rests with educational bodies, not the judiciary. “It is quite obvious that this Court cannot direct the BCI to provide any such certificate of equivalence. Equivalence is a matter for academic bodies to decide, and courts cannot declare courses of study or the institutions from which such courses are undertaken as equivalent to others,” the Bench stated.
“All that the court can do in this case is to direct the BCI to take a reasoned and speaking decision on the petitioner’s representation and communicate the decision to the petitioner as soon as it is taken. Let the said decision be taken within a period of three weeks from today.”
Advocate GK Sachdeva represented the petitioner, while Advocate Preet Pal Singh appeared for the respondents. The petitioner contested the necessity of the bridge course, but the BCI indicated that without it, the petitioner would need to undertake a five-year law program.
The Court, while refusing to issue a directive on equivalence, instructed the BCI to provide a detailed and reasoned decision on the petitioner’s representation seeking recognition of equivalence between the two courses.
“All that the court can do in this case is to direct the BCI to take a reasoned and speaking decision on the petitioner’s representation and communicate the decision to the petitioner as soon as it is taken. Let the said decision be taken within a period of three weeks from today,” the Court added.
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