NIOS Students Eligible for 5-Year LLB Course, Kerala High Court Confirms in Landmark Verdict
In a significant judgment for students pursuing education through open schooling, the Kerala High Court has ruled that candidates who completed their Class 10 and 12 through the National Institute of Open Schooling (NIOS) are eligible for admission to the 5-year integrated LLB program, provided they meet the minimum basic educational requirements.
Background of the Case
The verdict came in the case of V. S. Gourishankar v Bar Council of India and Others (WP(C) 36946 of 2024). The petitioner, a candidate who had passed both Class 10 and Class 12 under the NIOS scheme, was initially allotted a seat at Sree Narayana Law College through the entrance examination process. However, the college denied him admission during certificate verification, citing Rule 5(b) of the Bar Council of India (BCI) Rules, which restricts eligibility for those obtaining +2 qualifications from open universities without prior basic education.
Court’s Observations
The NIOS clarified before the Court that it is a nationally recognized board equivalent to CBSE and ICSE, with its certifications accepted across India. It also highlighted a letter from the Association of Indian Universities affirming the equivalence of NIOS qualifications for higher education.
The High Court examined Rule 5(b) of the BCI’s Rules of Legal Education, which permits candidates who pass their +2 through distance or correspondence education—provided they have the foundational academic qualifications—to apply for law programs. The proviso to the rule disqualifies candidates who pursued +2 from an open university without completing prior standard education.
In this case, the petitioner had completed his 8th grade under CBSE and subsequently attended classes 9 and 10 under NIOS as a regular student. The Court ruled that he met the basic qualification criteria and thus could not be disqualified.
Key Excerpt from the Judgment
“An applicant who has successfully completed Senior Secondary Course from a Senior Secondary Board or equivalent constituted or recognised by the Union or by a State Government may apply for and be admitted into the program of Integrated Degree in Law. The National Institute of Open Schooling is an Autonomous Institution under the Department of School Education and Literacy, Ministry of Education, Government of India.”
Final Verdict
The Court directed Sree Narayana Law College to admit the petitioner to its 5-year integrated LLB program, affirming the legitimacy of NIOS as a qualifying educational board under BCI rules.
Counsel for Petitioner: Adv. V. V. Suresh
Counsel for Respondents: Advocates C. Dinesh, M. U. Vijayalakshmi, Rajit, V. Venulpal (GP)
Citation: 2025 LiveLaw (Ker) 253
This ruling is expected to benefit many students enrolled under NIOS or similar open schooling systems aspiring to pursue professional legal education in India.
