IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 27TH OCTOBER 2011 / 5TH KARTHIKA 1933 WP(C).No. 28317 of 2011(L) ---------------------------------------- PETITIONER(S): ------------------------- SHAFEER.S., PUTHANPURAYIL THEKKATHIL, VADAKKEVILA, KOLLAM. BY ADV. SRI.R.KRISHNA RAJ RESPONDENT(S): ---------------------------- BAR COUNCIL OF KERALA, REP. BY ITS SECRETARY, BAR COUNCIL BUILDING, ERNAKULAM - 682 031. BY ADV. SRI. GRACIOUS KURIAKOSE, SC, BAR COUNCIL OF KERALA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.28317/2011 L APPENDIX PETITIONER'S EXHIBITS: EXT.P-1 TRUE COPY OF THE JUDGEMENT IN WPC NO.35526/2010 DTD. 25/08/2011. EXT.P-2 TRUE COPY OF THE PROVISIONAL CERTIFICATE DTD. 14/10/2011. EXT.P-3 TRUE COPY OF THE LETTER OF THE RESPONDENT DTD. 24/10/2011. RESPONDENTS' EXHIBITS : N I L /TRUE COPY/ P.S.TO JUDGE Kss ANTONY DOMINIC, J. ---------------------------------------------------- W.P.(C) No. 28317 OF 2011 ----------------------------------------------------- Dated this the 27th day of October, 2011 J U D G M E N T Petitioner was a student of Government Law College, Thiruvananthapuram. On the allegation that Crime No.209/10 is registered against him, his results were not declared. At that stage he approached this court by filing WPC 35536/10. 2. Taking note of the long delay in completing the investigation and holding the view that the future of the petitioner cannot be left to uncertainty, this court disposed of the writ petition by Ext.P1 judgment directing that the results will be declared as the manner mentioned therein. However it was also clarified that the depending upon the outcome of the case it will be open to the University even to recall the certificates. 3. Petitioner says that based on the directions in the judgment results were declared and that on that basis W.P.(C) No. 28317 OF 2011 :2 : he made an application to the respondent for enrolling as an advocate. That application was rejected and the petitioner received Ext.P3 reply wherein it is stated by the enrollment committee that since the certificate is a provisional one, his application for enrollment cannot be considered at this stage. On receipt of Ext.P3 this writ petition has been filed seeking a direction to the petitioner to permit him to enroll as an advocate in the enrollment to be held on 30.10.11. 4. Heard the counsel for the petitioner and also the learned senior counsel for the respondent. This court made the certificate issued to the petitioner provisional because of the pendency of the criminal case and the contingency on which the certificate can even be recalled also has been clarified in Ext.P1 judgment. However, at this stage, the petitioner is entitled to enjoy the benefits of the certificate. Hence I am inclined to think that the view W.P.(C) No. 28317 OF 2011 :3 : taken by the Bar Council in Ext.P3 is illegal. 5. In that view of the matter I dispose of the writ petition directing that if the petitioner is otherwise eligible, he should be permitted to enroll in the next enrollment. The writ petition is disposed of as above. Sd/- ANTONY DOMINIC, JUDGE ul/- [true copy] P.S. to Judge