“Court Cannot Direct BCI To Provide Any Certificate Of Equivalence”: Delhi HC Declines To Declare Foreign Degree Equivalent To Undergraduate Course
The Delhi High Court declined to instruct the Bar Council of India (BCI) to certify that the three-year LL.B (Hons) course completed at the University of Hertfordshire in the United Kingdom could be considered equivalent to an undergraduate course in India.
The petitioner had pursued his schooling in India before enrolling in the LL.B. (Hons) Bachelor of Law program at the University of Hertfordshire in the UK. Upon his return to India, he sought enrollment as an advocate based on his foreign degree.
The BCI informed him that to practice law in India, he would need to complete a two-year bridge course offered by the India International University of Legal Education and Research in Goa. Sachdeva, citing financial constraints, challenged this requirement in court.
A bench of Justice C Hari Shankar emphasized that the determination of equivalence lies within the purview of academic bodies, and courts cannot mandate such certifications. The Bench said, “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.”
Advocate GK Sachdeva appeared for the Petitioner and Advocate Preet Pal Singh appeared for the Respondents.
Petitioner argued against the necessity of the two-year bridge course. The BCI informed the court that if he opted out of the bridge course, he would be required to undertake a five-year law program.
The Court underscored that declaring courses of study or the institutions offering them as equivalent to others falls under the jurisdiction of academic authorities.
However, while refraining from issuing a directive on equivalence, the Court instructed the BCI to provide a detailed and reasoned order on petitioner’s representation seeking recognition of equivalence between the two courses. The Court added, “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.”
Cause Title: Vasu Sachdeva v. Bar Council of India & Ors., [2024:DHC:4258]
Appearance:
Respondents: Advocates Preet Pal Singh, Subrodeep Saha and Monika Arora
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