Harshavardhan Sancheti v. Bar Council Of West Bengal
2012-02-13
JAYANTA KUMAR BISWAS
body2012
DigiLaw.ai
Judgment : The Court:- The petitioner in this WP under art.226 dated December 21, 2011 is seeking the following principal relief : “(a) A Writ and/or in the nature of Mandamus do issue commanding the Respondents to forthwith enrol the Petitioner as Advocate within the meaning of Advocates Act.” After obtaining International General Certificate of Secondary Education from the University of Cambridge in June 2002 and General Certificate of Secondary Education from OCR also in June 2002, the petitioner studied the Michaelmas Term 2004 Law Tripos Course of the Faculty of Law at the University of Cambridge and obtained a 3Year BA Degree. The Official Transcript dated July 26, 2007 (at p.23) issued by the University shows that the level of the qualification is Undergraduate (Full-Time) 3-Years. Case of the petitioner is this. He applied to the Bar Council of West Bengal in prescribed form for admission as an advocate. The Bar Council has not disposed of the application. Mr.Ganguly appearing for the petitioner has submitted as follows. The Bar Council has declined to admit the petitioner as an advocate on its roll, presumably because of a notification dated February 21, 2005 (at p.31) issued by the Bar Council of India. In view of the directions given in para. 2 of the notification, the Bar Council cannot refuse the application, because the petitioner had joined the 3-Year Law Course at the University of Cambridge in 2004. Mr.Mukherjee appearing for the Bar Council of India has submitted as follows. In view of the notification dated February 21, 2005 issued by the Bar Council of India and the clarifications issued thereafter on the basis of a decision of its Legal Education Committee taken in the meeting held on February 7, 2009 (at p.32), there can be no doubt that the petitioner does not possess the requisite qualifications for admission as an advocate on the roll of the Bar Council. The Official Transcript issued by the University of Cambridge reveals that the petitioner did a 3-Year (Full Time) Undergraduate Program at the University of Cambridge; that it was a Course of the Faculty of Law of the University; that he did it for obtaining a 3-Year BA Degree qualification; that his main field of study was Law Tripos; and that on June 28, 2007 the University conferred on him the Bachelor of Arts Degree.
The first paragraph one of the notification dated February 21, 2005 issued by the Bar Council of India provides that the candidates holding degrees in Law from foreign Universities recognised by the Bar Council of India for enrollment as advocates should have undergone a 3-Year LLB Course after graduation in any other discipline in the pattern of 10+2+3 or a 5-Year Integrated Law Course after Higher Secondary Examination in the pattern of 10+2. The second paragraph of the notification is quoted below: “2. It is also notified that all those students who joined the LLB course prior to the date of this notification in the foreign Universities. Recognized by the Bar Council of India without possessing the above mentioned minimum qualification prescribed by the Bar Council of India for admission in the law course will be eligible for enrolment as advocates. The exemption is strictly limited to the students who joined the LLB course prior to the date of this notification. For details of examination, candidates may get in touch with the Secretary, Bar Council of India in the above address.” The clarifications dated February 7, 2009 are as follows : “…..Doubt has arisen about the students who had taken admission in law course or obtained their law degree from the foreign Universities recognized by the Bar Council of India prior to the above notification without graduation and that too after studying two year or three year law course. At no point of time, question of having graduate degree prior to the three year law course has been disputed or challenged by any Court and therefore, it is clarified that the students who have obtained their law degree either after completing two year or three year degree course from the foreign Universities recognized by the Bar Council of India after graduation prior to the date of notification i.e. 21st February, 2005 are eligible for enrolment.” The Official Transcript issued by the University of Cambridge conferring on the petitioner the Bachelor of Arts Degree does not show that the petitioner did either a 3Year LLB Course after graduation in any other discipline in the pattern of 10+2+3 or a 3Year graduation in a law discipline.
It rather shows that for obtaining a 3-Year B.A. Degree qualification he was at the University doing a 3-Year Undergraduate (Full Time) Program in which his main field of study was Law Tripos of the University’s Faculty of Law. There is nothing to show that the Course is equivalent to a 3-Year LLB Course. It is not the petitioner’s case that he has done a 5-Year Integrated Law Course after Higher Secondary Examination in the pattern of 10+2. Nor is it his case that he obtained a law degree after attending a 2-Year or a 3-Year Degree Course at the University after graduation. Nor is it the case that he did a 2-Year or a 3-Year Law Course at the University of Cambridge after graduation. Hence in view of the Bar Council of India notification dated February 21, 2005 read with the subsequent clarificatory decision dated February 7, 2009, the petitioner is not entitled to admission as an advocate on the roll of the Bar Council. Besides, there is nothing to show that the petitioner actually submitted any application dated November 15, 2007 pursuant to the provisions of s.25 of the Advocates Act, 1961. A copy of an application dated November 15, 2007 has been produced with the WP and it is at p.24 thereof. But there is nothing to show that the application was actually submitted to the Bar Council of West Bengal. On the contrary, from a letter of the petitioner dated March 26, 2008 written to the Chairman of the Enrollment Committee of the Bar Council of West Bengal it is evident that he wanted permission of the Chairman to file an “enrollment form.” In the application he did not say that he had already submitted the requisite application under s.25 of the Advocates Act, 1961. I am, therefore, unable to accept the case that the Bar Council has wrongfully kept the application pending for an unreasonable period. As a matter of fact, no application is pending before the Council. For these reasons, I dismiss the WP. No costs. Certified xerox.