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Judgment
A.H. Joshi, J.
1 Rule. Rule is made returnable forthwith. Heardfinally by consent.
2 Petitioner is a convict for commission of offence punishable u/s 302 of Indian Penal Code, and is under going sentence of Life Imprisonment. He is in jail since July, 1998.
3 Petitioner claims to have taken admission to Dr. B.R.A. Law College, situated at Nirmal Colony, Nara Road, Nagpur, for the Academic Year 2010-11. He has placed on record copy of Receipt dated 25th August, 2010 showing his admission to L.L.B. [Three-Year Course] [First Semester]. He claims that he may be allowed to appear for examination by releasing him on furlough, or by granting police escort.
Today, learned Adv., for the Petitioner has tendered an affidavit of father of the Petitioner placing on record copy of Admission Card for the examination, the details of fee deposited by him and copy of Time Table. It is asserted that as per the Time Table, the schedule of examination is as follows:
The Petitioner prays that he may be granted there relief prayed for.
As it is seen that Petitioner is in jail since1998, it is improbable that Petitioner may have attended the instructions. The study of LL.B. degree is of instruction sand practicals, and it cannot be pursued externally.
This Court, therefore, requested learned Adv. Ms. Tajwar Khan, who represented the University, to take instructions and inform the Court whether the prisoner, who has not attended the instructions as he was in jail, and does not fulfill attendance, could appear for examination?
Upon this, learned Adv. Ms. Tajwar Khan has taken instructions and informed the Court as follows:
The LL.B. Course [Three-year or Five-Year] is a full-time course for which a student has to attend and take instructions in the college, undergo certain practicals, such as Court attendance, Moot Courts, Client Counselling etc., and upon the Principal''s certifying there required attendance, his application for examination can be processed.
In the present case, as, admittedly, the Petitioner is in jail, it is clear that he has not attended the college and has not completed the practical work. Therefore, he is not entitled to appear for examination.
In view of what is obvious and clear, an inmate of prison may be eligible to appear for any University examination, subject to the rules and regulations where his attendance in the college and for practicals is not required. If the rules permit pursuing a course externally, i.e., without attendance and certification thereof, the jail inmate may be entitled to appear for the examination.
As is seen from the facts of the case, LL.B., Degree Course is a full-time instructions and practicals-based course. Petitioner is, therefore, not entitled to appear for the examination.
This Court ought not grant relief of allowing a prisoner to appear for the LL.B. Examination, as it cannot be legally done. We are, therefore, satisfied that the Petitioner is praying for a relief which is not in accordance with law.
We, therefore, dismiss the petition and discharge the Rule.