Is CA still not recognised as a Degree? BCI remains Silent to Representation by CA seeking 3 Year LLB Admission in spite of Kerala HC Order

CA - Degree - BCI - Representation by CA - 3 Year LLB Admission in spite of Kerala HC Order - Kerala Highcourt -  taxscan

CA, or Chartered Accountancy, is a professional qualification that is recognized globally. It is regulated by various professional accounting bodies around the world, including the Institute of Chartered Accountants of India (ICAI), the Institute of Chartered Accountants in England and Wales (ICAEW), and the Association of Chartered Certified Accountants (ACCA).

The qualification of a Chartered Accountant is considered equivalent to a postgraduate degree in India. This is because the CA course is a professional course that combines theoretical education with practical training, similar to other postgraduate courses and regulated by the Institute of Chartered Accountants of India (ICAI), the second largest unified professional body in the world.

The University Grants Commission (UGC), the statutory body responsible for regulating higher education in India, has also recognized the CA qualification as equivalent to a postgraduate degree. In a circular issued in 2019, the UGC stated that the CA qualification is equivalent to a postgraduate degree in Commerce, Accountancy, and Business Administration for the purpose of admission to Ph.D. programs in universities.

UGC Public Notice regarding: CA/CS/ICWA Qualification to be treated equivalent to PG Degree

The CA qualification is equivalent to a postgraduate degree in India for various purposes, as established by the University Grants Commission (UGC) Circular.

CA Qualification will be considered Equivalent to Master’s Degree, the Institute of Chartered Accountants of India had stated, in line with the UGC Circular on March 15, 2021.

The Institute of Chartered Accountants of India (ICAI) had issued a press release, proclaiming the equivalency:

https://www.icai.org/post/chartered-accountancy-qualification-equivalent-to-post-graduate-degree

However, CA Amil Kumar, a qualified Chartered Accountant with a CA degree from the institute of chartered accountants of India (ICAI), aspirant to become a lawyer had recently approached the Kerala High Court, aggrieved by the rejection of LLB admission by a College affiliated to the University of Calicut, stating that “CA is not a graduation.”

The college authorities said that it is considered as post-graduation and directed CA Amil to obtain an equivalency certificate from the university concerned. The CA diligently approached the university of Calicut for getting an equivalency certificate but they informed me that it is not possible to get an equivalency certificate which shows that the CA degree is equivalent to graduation.

The Commissioner for Entrance Examinations, Kerala, regulatory body of Government of Kerala in reply to queries stated that it is mandatory that the CA should have obtained a degree (graduation) under the 10+2+3 system of education i.e. three-year degree has to be obtained after passing out from the Higher Secondary (+2) School.

Aggrieved by the rejection of admission to the 3 Year LLB Course to the Unitary LLB Degree Programme at University of Calicut, the CA approached the Kerala High Court through a writ petition.

The SIngle Bench of Justice Devan Ramachandran that heard Advocates M P Priyeshkumar and Divya T P on behalf of the Chartered Accountant, allowed the Writ petition, leaving liberty to the petitioner to make an appropriate application to the Bar Council of India, seeking that he be admitted to the LLB Course on the strength of his degree of Chartered Accountancy, in the order dated 23rd December, 2022.

The CA had sent a registered letter to the address of the Bar Council of India (BCI), as a registered post within the time stipulated in the High Court Order.  However, the Bar Council of India has refused to give a reply to the representation of the petitioner, who seeks closure on the matter, in spite of trying to approach the BCI as per the directions of the Kerala High Court. The petitioner has even written an email to the Bar Council of India (BCI) on April 04, 2023.

However, the Bar Council of India (BCI) has disregarded the order of the Kerala High Court, which had clearly stated that the matter had to be disposed of by the BCI “after affording him an opportunity of being heard – either physically or online-thus culminating in an appropriate order within a period of three months thereafter.”

It is unfair to turn a blind eye towards professionals who seek higher education to expand their practice and knowledge horizons.

While the CA qualification is not a traditional graduation degree, it is considered equivalent to a postgraduate degree by the UGC circular and the ICAI, as clear from the above stated. On mere technicalities, in spite of having a higher qualification, the Chartered Accountant is denied admission and now, an opportunity of hearing in the presence of a court order mandating the same.

“Ultimately, it is very unfair to those in pursuit of professional knowledge, that the Bar Council of India refuses to hear the matter, apart from contempt of the Court order of the Honourable Kerala High Court”, the CA told taxscan.in.

“I hope the BCI takes up the matter expeditiously and gives a final decision to the question whether qualification of a CA can be considered Equivalent to a Graduation or Degree for the purposes of 3 Year LLB Course Admission”, he added.

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