KRISHNAKUMAR G Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioners studied for Law in Indira Priyadarshini College of Law at Bangalore. The above College was affiliated to the Bangalore University. According to the petitioners they started their training under the Bar Council of Kerala. They completed the training of one year in January and February 1999 respectively. According to them, they are entitled to be admitted as Advocates on the State Roll of the Bar Council of Kerala. But they were informed by the Bar Council of Kerala as per Ext. P-1, a letter addressed to the Bar Council of India, that the name of the Law College in which the petitioners studied was not seen included in the list of affiliated Law Colleges by the Bar Council of India. The Bar Council of India was already requested in Ext. P1 to clarify whether the said Law College was approved by the Bar Council of India for the purpose of enrolment. The first petitioner filed Ext. P-3 representation before the Bar Council of Kerala. In Ext. P-3 the first petitioner requested to take up the matter with the Bar Council of India and to save him from the embarrassing situation. The Bar Council of Kerala as per Ext. P-4 informed the first petitioner that the Bar Council of India was informed that the Indira Priyadarshini Law College, Bangalore was not granted approval of affiliation for the purpose of enrolment. Therefore, the application could not be considered for the purpose of enrolment at present. Ext. P-4(a) is a similar communication addressed to the second petitioner.

(2.) By Ext. P-6 letter the Principal of Law College informed the counsel for the petitioners that the College is taking steps to comply with the conditions imposed by the Bar Council of India. Thereafter the petitioners submitted Ext. P-7 representation to the Bar Council of India and Ext. P-8 before the Bar Council of India. It may be pointed out that all these correspondence started from March, 1998 and ended with October, 1998.

(3.) The petitioners in this Original Petition have sought to quash Exts. P4 and P-4(a) and also to strike down R.12 of Part IV of the Bar Council of India Rules as it is ultra vires of the provisions contained in the Advocates Act and is violative of the fundamental rights of the petitioners. The petitioners also pray for a declaration that they are eligible to be enrolled as Advocates.