BALDEV RAJ SHARMA Vs. BAR COUNCIL OF INDIA

JUDGEMENT

(1.) This writ petition under Article 32 of the Constitution has been filed by Baldev Raj Sharma against an order of the Bar Council of Punjab and Haryana rejecting his application for enrolment as an advocate.

(2.) On 4 March, 1972 the petitioner passed the Bachelor of Arts examination from the Punjabi University, Patiala. In 1978 he joined the Bachelor of Laws (Academic) course in Kurukshetra University. The course is of two years' duration. The petitioner completed the course and on 1 January, 1981 he was awarded the degree of Bachelor of Laws (Academic) by the Kurukshetra University. During the year 1981 the petitioner joined the LLB. (Professional) course in the third year in Kanpur University as a regular student. The Kanpur University confers two distinct degrees. LL.B. (General), which is a two year course, and LL.B. (Professional), which is a three year course. A person who has been awarded the LLB. (General) degree is eligible for admission to the LL B. (Professional) third year. The petitioner says that there is no distinction in the Rules and Regulations of the Kanpur University on whether LL.B. (General) course should be pursued by regular attendance or as a non-collegiate student. It is urged that the LL.B. degree of the Kanpur University is recognised by the Bar Council of India for the purpose of enrolment as an advocate. The petitioner attended classes as a regular student of the LLB. (Professional) Course-third year of the Kanpur University as required by the Rules and Regulations framed by that University. He appeared in the final examination and was declared successful. On 22 July, 1982 the degree of LLB. (Professional) was issued by the Kanpur University to him. Thereafter, on 4 August, 1982 the petitioner applied to the State Bar Council of Punjab and Haryana with the necessary enrolment fee for enrolment as an advocate under the Advocates Act, 1961.

(3.) On 26 April 1983 the Bar Council of Punjab and Haryana denied enrolment to the petitioner as an advocate on the ground that the petitioner has not fulfilled the conditions laid down in Rule 1(1)(c) of the Rules of the Bar Council of India framed under S. 7(h) and ( i) S. 24(1)(c)(iii) and (iiia) and S. 49(1)(d). The detailed grounds of refusal supplied to the petitioner by the Bar Council of Punjab and Haryana State that the petitioner had obtained his Bachelor of Laws degree from the Kurukshetra University as a result of the examination held in April, 1980 as a private candidate. It was an LL B. (Academic) degree obtained in two years' study as a private candidate. The third year of law was pursued by him as a regular student from V.S.S.D. College, Kanpur of the Kanpur University from which institution he obtained the professional degree. It was further stated that the petitioner had not fulfilled the conditions laid down in the provisons detailed earlier as he had passed his two years' law course as a private candidate from Kurukshetra University and the third year law only by regular attendance at the V.S.S.D. College, Kanpur. It appears that the State Bar Council, upon receiving the application of the petitioner for enrolment as an advocate, obtained the opinion of the Bar Council of India and in conformity with that opinion the State Bar Council has refused enrolment. Section 24(1)(c) provides as follows: