Authority: Supreme Court of India (Civil Appellate Jurisdiction)

Order Date: September 09, 2026

Case Overview

  • The matter arises from two interim applications (I.A. No. 246673 of 2026 in Civil Appeal No. 13559 of 2025 and I.A. No. 154580 of 2025 in Civil Appeal No. 13562 of 2025) seeking provisional enrollment as advocates pending final adjudication of appeals concerning the interpretation of Rule 5 of the Rules of Legal Education, 2008.
  • Applicants in I.A. 246673 completed school education, obtained Bachelor’s degrees from Dr. B.R. Ambedkar Open University (open/distance mode), and then finished three‑year LL.B. programmes through regular mode at universities recognised by the Bar Council of India.
  • The appellant in Civil Appeal 13562, Kevin Sukirthy, earned a B.Com. degree in 2006 via distance mode from Madurai Kamaraj University, completed a regular LL.B. in September 2020 from Marwadi Siksha Samithi Law College (affiliated to Osmania University), and was denied enrollment by the Telangana State Bar Council based on the same Rule 5 interpretation.
  • The High Court of Telangana rejected the appellant’s challenge on 14 October 2024 (Writ Petition No. 13037 of 2024). Both applicants have satisfied the mandatory three‑year regular LL.B. requirement; the dispute centres on the eligibility of prior qualifications obtained through open or distance mode.

Final Outcome

  • The Court declined to address the merits of Rule 5 interpretation at this stage but directed that, to avoid prejudice, the Telangana State Bar Council provisionally enroll the applicants in I.A. 246673 and the appellant in I.A. 154580 as advocates.
  • Provisional enrollment is subject to verification of educational and other requisite documents and remains contingent on the final decisions in Civil Appeals No. 13559 and No. 13562.
  • The order expressly states that provisional enrollment does not create any equity in favour of the persons concerned.
  • Both Civil Appeals are ordered to be listed for hearing in due course.

Topics: Legal Profession Regulation, Bar Council Orders, Provisional Enrolment