THOMAS P C Vs. BAR COUNCIL OF KERALA

JUDGEMENT

(1.) These Writ Petitions throw up an interesting point, i.e., whether priests and nuns are eligible to be enrolled as Advocates, for the decision of this Court.

(2.) This Writ Petition is filed by a Roman Catholic priest, under the diocese of Irinjalakuda. He has graduated in Law from the Bangalore University. He submitted the application for enrolment before the Kerala Bar Council, after paying all the requisite fees. He also paid a late fee of Rs. 2,000/- for participating in the enrolment, which was scheduled to be held on 21.11.2004. While so, he was served with Ext. P2 communication dated 30.10.2004, calling upon him, to submit certain particulars and also to furnish an affidavit, stating that, presently, he is not holding any post or rendering any service or doing any business or profession in any society or institution. He submitted the requisite documents and also produced Ext. P3 certificate, which stated that he is working as a Parish Priest of Little Flower Church, Anandapuram, for which, no remuneration is paid to him. The petitioner was called for a hearing by the Enrolment Committee on 10.11.2004. But, he was not permitted to participate in the enrolment held on 21.11.2004. He submits, his application is kept pending without any orders passed thereon. The petitioner contends, as per the provisions of the Advocates Act and the Rules framed thereunder, by the Bar Council of India and the Bar Council of Kerala, he is eligible to be enrolled. He also submits, by being a priest, he cannot be treated as employed in any salaried post or job. The relevant pleading of the petitioner in this regard is contained in Ground D, which reads as follows:

(3.) The 1st respondent Kerala Bar Council has filed a counter affidavit. According to the Bar Council, the petitioner has entered the profession of divinity. The vocation thus chosen by the petitioner has got all the trappings of an employment and a profession. He is employed as a Parish priest and therefore, he is not eligible to be enrolled as an Advocate, as per the relevant Rules. It is also contended that nuns, priests and sanyasins belonging to different religions are members of a profession and are not expected or cannot be permitted to practice the legal profession, by allowing them to be enrolled as Advocates. If they enter the field of administration of justice, the same will run counter to the fundamental tenets of secularism. So, they are not entitled to be enrolled as Advocates, it is contended.