IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 10TH MARCH 2010 / 19TH PHALGUNA 1931 WP(C).No. 36489 of 2007(R) -------------------------------------- PETITIONER: ------------------- SUDHIRKUMAR.C.S., AGED 45 YEARS, S/O.C.N.SUDHAN, C/O.MS.BEENA, B-27, AMRITHA NAGAR COLONY, AMBALAMEDU P.O., PUTHENCRUZ (VIA), TRIPUNITHURA, ERNAKULAM. BY (PARTY IN PERSON). RESPONDENTS: ------------------------ 1. THE BAR COUNCIL OF KERALA, BAR COUNCIL BHAVAN, HIGH COURT CAMPUS, KOCHI-682 031, REPRESENTED BY ITS SECRETARY. 2. THE BAR COUNCIL OF INDIA, 21, ROUSE AVENUE, INSTITUTIONAL AREA, NEW DELHI-2, REPRESENTED BY ITS SECRETARY. R1 & R2 BY MR.GRASHIOUS KURIAKOSE, S.C. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/12/2007, THE COURT ON 10/03/2010 DELIVERED THE FOLLOWING: W.P.(C). NO.36489/2007-R: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE LL.B. DEGREE CERTIFICATE ISSUED BY THE MAHATMA GANDHI UNIVERSITY, KOTTAYAM DTD. 27/09/2002. EXT.P.2: COPY OF THE LETTER NO. KBC/EMT/567/07/1569/07 DTD. 15/10/2007 SEEKING CLARIFICATION BY THE SECRETARY OF THE R.1. FROM THE PETITIONER. EXT.P.3: COPY OF THE CLARIFICATION LETTER DTD. 26/10/2007 SUBMITTED BY THE PETITIONER TO THE SECRETARY OF THE R.1. EXT.P.4: COPY OF THE NOTICE NO. KBC/EMT/567/07/1705/07 DTD 31/10/2007 ISSUED BY THE SECRETARY OF R.1. TO THE PETITIONER DIRECTING HIM TO APPEAR ON 09/11/2007. EXT.P.5: COPY OF THE LETTER NO. KBC/EMT/1885/2007 DTD. 30/11/2007 ISSUED BY THE SECRETARY OF THE R.1. TO THE SECRETARY OF THE R.2. EXT.P.6: COPY OF THE ORDER NO. V/T.348/SF5/1/2005 DTD 13/09/2007 REMOVING THE PETITIONER FROM SERVICE. EXT.P.7: COPY OF THE ORDER DTD. 05/02/2010 ISSUED BY THE ADDITIONAL DIVISIONAL RAILWAY MANAGER, DISPOSING THE APPEAL SUBMITTED BY THE PETITIONER. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.36489/2007-R ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 10th day of March, 2010 J U D G M E N T The petitioner has approached this Court in view of the action taken by the Bar Council of Kerala in not acceding to his request to allow enrolment as an Advocate. 2. The petitioner was a regular employee of the Southern Railway. He suffered a punishment by the employer whereby he was removed from service. The matter was taken up in an appeal before the appellate forum. In the meanwhile, he sought for enrolling himself as a Lawyer. The Bar Council of Kerala requested for various details from him, as per Ext.P2 communication, which was replied by the petitioner as per Ext.P3. 3. The position now is that the Bar Council requested the petitioner to give an undertaking in the light of Rule 49 of the Bar Council of India Rules. This Court passed a detailed interim order dated 19/12/2007 also in the matter wherein prima facie it was found that the first respondent is justified in seeking clarification from the Bar Council of India. 4. During the pendency of the writ petition, the appeal filed by the petitioner has been rejected as per Ext.P7 and the petitioner is availing remedies against W.P.(C). No.36489/2007 -:2:- Ext.P7 by approaching the Central Administrative Tribunal, Ernakulam. Ext.P7 shows that a revision also will lie against that order. The petitioner points out that the Bar Council of India has not so far issued a clarification as sought for by the Bar Council of Kerala which is evident from Ext.P5. It is therefore prayed that a direction may be issued to the Bar Council of India to issue appropriate clarification as sought for in Ext.P5 within a time frame. 5. Heard the learned counsel appearing for the respondents herein. There will be a direction to the second respondent-Bar Council of India to issue appropriate clarification, on the issue regarding consideration of application for enrolment of the petitioner, as sought for by the first respondent, within a period of one month from the date of receipt of a copy of this Judgment. All other contentions are left open. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms