ARCHANA GIRISH SABNIS Vs. BAR COUNCIL OF INDIA

JUDGEMENT

(1.) BY this petition, the petitioner has prayed for quashing of the communication issued by respondent No. 2, informing the petitioner that her application for enrolment as an advocate is liable to be rejected. By this communication, the petitioner was informed that the qualification of Licentiates of the Court of Examiners in Homoeopathy (L. C. E. H.) is not recognised as equivalent to graduation and therefore she cannot seek enrolment as an advocate. These communications are challenged basically on the ground that the University of Bombay has recognised the course as equivalent to a degree of Bachelor of Ayurvedic and Homoeopathic Medicines and consequently the petitioner secured admission to the course of LL. B. of the bombay University. The Bar Council therefore could not reject her request for enrolment on the ground that the degree of LCEH is not recognised by the Bar council of India.

(2.) THE main contention of the petitioner is that the Bar Council of maharashtra or Bar Council of India have no jurisdiction or authorities to decide the question of equivalence of educational qualifications and therefore their orders are not valid. It is also contended that the Bombay University having considered this as a degree equivalent to BAMS, admitted the petitioner for the three years of LL. B. course and now the petitioner cannot be denied the enrolment on the ground of non-recognition of the degree of LCEH. It was also contended that the petitioner was not given an opportunity to put forward her case and therefore the principles of natural justice were violated and consequently the whole action is of violation of Article 14 of the Constitution. Then the submission was that this amounts to carving the right of petitioner to practice a profession and the restriction is unreasonable.

(3.) THESE contentions were opposed both by the Bar Council of Bombay and Bar Council of India and it was pointed out on their behalf that there is ample statutory authorities in the Advocate's Act and Rules framed thereunder to prescribe necessary educational qualifications for enrolment as an advocate. We have to consider this submission in the light of the provisions of law as canvassed before us.