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2006 DIGILAW 113 (KAR)

J. Subramanian v. Karnataka State Bar Council

2006-01-27

H.G.RAMESH

body2006
ORDER 1. In this writ petition, the petitioner has challenged the order dated 2nd November 2001 produced as Annexure-J by which the Karnataka State Bar Council (R1) has refused to enroll the petitioner as an Advocate and forwarded the application of the petitioner to the Bar Council of India as required under Section 26(2) of the Advocates Act, 1961. 2. Except the Bangalore University (R3), all the other respondents though served, have remained unrepresented. 3. Learned Counsel appearing for the petitioner submits that instead of considering the case of the petitioner under Section B of Part-IV of the Bar Council of India Rules ('A' the Rules for short), the Bar Council had considered the case of the petitioner under Section A of Part-IV of the Rules. The learned counsel submits Section B of Part IV of the Rules would apply to the petitioner as he has done three years Law degree course and not five years course. 4. On a perusal of the Rules, I find substance in the contention urged by the learned Counsel appearing for the petitioner. The State Bar Council ought to have considered the case of the petitioner under Section B of Part-IV of the Rules as the petitioner has done three years law course. Accordingly, the impugned order is set aside and the matter is remitted to the State Bar Council respondent No.1 for reconsideration in accordance with law. The State Bar Council shall reconsider the matter within two weeks from the date of receipt of a copy of this order. 5. The writ petition accordingly stands disposed of. No costs. 6. Order accordingly.