IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI THURSDAY, THE 23RD OCTOBER 2008 / 1ST KARTHIKA 1930 WP(C).No. 17561 of 2008(N) ------------------------------------ PETITIONER : ---------------- NIMOD.A.R, RESIDING AT ATHIYARATH HOUSE, GOSSAIKKUNNU KURIACHIRA.P.O, THRISSUR-06. BY ADV. SRI.V.CHITAMBARESH (SR.) SRI.T.C.SURESH MENON SRI.JIBU P THOMAS SRI.P.S.APPU RESPONDENTS : ------------------- 1. BAR COUNCIL OF INDIA, REP. BY ITS SECRETARY, 21, ROUSE AVENUE, INSTITUTIONAL AREA, NEW DELHI-110 002. 2. BAR COUNCIL OF KERALA, REP. BY ITS SECRETARY, HIGH COURT OF KERALA, ERNAKULAM. ADV. SRI.T.A.SHAJI - R2 SRI.V.V.SURENDRAN - R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 17561 of 2008(N) APPENDIX PETITIONER'S EXHIBITS : EXT.P1: TRUE COPY OF THE RELEVANT PAGE OF THE SECONDARY SCHOOL LEAVING CERTIFICATE DATED 24.03.1991 EXT.P2: TRUE COPY OF THE CERTIFICATE OF BACHELOR OF ENGINEERING DATED 14.09.1998 EXT.P3: TRUE COPY OF THE RECORD OF LEARNING AND ACHIEVEMENT DATED JUNE, 2007 EXT.P4: TRUE COPY OF THE CERTIFICATE OF BACHELOR OF LAWS DATED 31.07.2007 EXT.P5: TRUE COPY OF THE RESOLUTIONS OF THE BAR COUNCIL OF INDIA DATED 08.02.1997 EXT.P6: TRUE COPY OF THE NOTIFICATION ISSUED BY THE BAR COUNCIL OF INDIA DATED 21.02.2005 EXT.P7: TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE BAR COUNCIL OF INDIA DATED 13.03.2008 -TRUE COPY- P.A. TO JUDGE pac V.GIRI, J ------------------- W.P.(C).17561/2008 -------------------- Dated this the 23rd day of October, 2008 JUDGMENT Petitioner prosecuted a course in Law from the London University and was awarded a Degree from the said University. He then sought for getting himself enrolled as an advocate in the Bar Council of Kerala. Apparently, there was an objection and hence the writ petition. 2. A statement has been filed by the first respondent, Bar Council of India. Relevant portion of the statement reads as follows:- In view of the above said facts, the non conducting of examination by the Bar Council of India has not affected the prospect of the petitioner to enroll himself as an advocate. The petitioner has not approached either in Bar Council of India or the Bar Council of Kerala with his request for enrolment. There is no infringement of his fundamental rights as W.P.(C).17561/2008 2 his enrolment has not been denied on the basis of not recognizing his qualifications or not conducting the examination by the Bar Council of India. It is submitted that in the case of the petitioner, it seems that he need not appear in the examination as he holds a recognized degree in law for which he seems to have joined prior to the date of notification. Therefore, the petitioner may approach the State Bar Council for enrolment which the council will consider on its facts and merits. 3. I heard Mr. V.Chitambaresh, learned senior counsel for the petitioner and Mr.V.V.Surendran learned counsel appearing for the first respondent. 4. In the light of the stand taken by the first respondent, it has to be held that the petitioner has a right to enroll with the Bar Council of Kerala subject to verification of the documents which will evidence the fact that he has obtained a Law Degree from the W.P.(C).17561/2008 3 University of London which, the first respondent, has been accepted. 5. In the result, writ petition is disposed of directing the second respondent to consider the documents produced by the petitioner and the application submitted by him for getting himself enrolled with the Bar council of Kerala. A decision in this regard in consonance with the statement filed by the Bar Council of India, shall be taken within a period of one month from the date of receipt of a copy of this judgment. V.GIRI, Judge mrcs