SANKARAN NAIR Vs. BAR COUNCIL OF INDIA

JUDGEMENT

(1.) Appeal admitted. The respondents waive service through respective counsel. By consent appeal is called out for final hearing and heard. We appreciate the enthusiasm of the appellant who, even after crossing his 72nd year of age, desires to pursue the profession of law.

(2.) The appellant registered himself as a student of the Bhagalpur University for pursuing the degree in Bachelor of Law and was registered with Regn. No. 763 of 1961. Prior thereto the appellant had obtained B.A. Degree from the Kerala University in the year 1952. On 20.5.1973 the appellant obtained the degree of Bachelor of Laws from the Bhagalpur University. On 4th June 1980 the appellant made an application to the second respondent Bar Council of Kerala for enrolment as an advocate. The State Bar Council was of the view that his application deserved to be rejected on the ground that a law degree obtained by private study after 12th March, 1967 could not be recognised for the purpose of S.24(1)(c)(iii) of the Advocates' Act 1961 (hereinafter referred to as the Act). The State Bar Council referred the matter to the first respondent Bar Council of India for its opinion. By resolution No. 15 of 1981, the Bar Council of India approved the proposal of the second respondent to reject the application for enrolment filed by the appellant. Accordingly, a communication to that effect dated 1.3.1985 was forwarded to the appellant. On 3.3.1988 the appellant filed an application for review of the decision taken by the Bar Council of India in the light of the amendment carried out to S.24 of the Advocates' Act by Act 60 of 1973. Thereafter, he filed a second application for enrolment on 7.3.1988. On 10.3.1988 the Bar Council of India rejected the review petition filed by the appellant. The appellant moved O.P. 4599 of 1988 before this Court challenging the decision of the respondents to reject the application. In the meanwhile, the Bar Council of India passed resolution No. 91 of 1990 permitting the enrolment of another candidate by name Parmatma Swarup Saxena. According to the appellant, the case of Parmatma Swarup Saxena is identical to the case of the appellant himself inasmuch as the said Saxena also appeared as a private candidate and obtained his Bachelor of Arts from Bhagalpur University. On 22.11.1990 a Division Bench of this Court dismissed the appellants O.P. 4599 of 1988. However, it directed the respondents State Bar Council and the Bar Council of India - to pass appropriate orders on the second application of the appellant filed by him on 7.3.1988. The appellant challenged the judgment of this Court in O.P. 4999 of 1988 by S.L.P. No. 6986 of 1991 before the Supreme Court. The Supreme Court dismissed the Special Leave Petition by the following order: -

(3.) Since nothing was being done by the respondents, even thereafter, the appellant moved O.P. 13539 of 1998 before this Court and sought a writ of mandamus against the respondents. On 22.7.1998, this Original Petition was disposed of by this Court with a direction to the Bar Council of India to pass appropriate orders within two months. On 16/17.10.1998, by the resolution (Ext. P9) the Bar Council of India accepted the proposal of the Bar Council of Kerala to reject the application for enrolment made by the appellant. This decision of the Bar Council of India was challenged by the appellant by filing O.P. 1800 of 1999. By an order made on 16.12.2001 the learned Single Judge directed the first respondent Bar Council of India to file an affidavit explaining whether the date of commencement of the course of instruction was the date of registration of a private candidate. On 13.11.2001 an affidavit was filed by the first respondent in compliance. Finally, by judgment dt. 15.2.2002, the learned Single Judge dismissed O.P. 1800 of 1999. Aggrieved thereby, the appellant is before this Court.