Judgment

B. K. MUKHERJEA : In out opinion this application cannot succeed. The grievance of the petitioner seems to be that in spite of his compliance with all the requirements, that are necessary under the Bar Council Rules of the Patna High Court for being enrolled as an Advocate, the High Court refused his application for enrolment and that without assigning any reason. We think that a complete answer to this contention is furnished by the proviso to Section 9(1) of the Indian Bar Councils Act, which states expressly that the rules.

"shall not limit or in any way affect the power of the High Court to refuse admission to any person at its discretion".

As the matter rests entirely upon the exercise of discretion by the High Court, and as there is no statutory duty imposed upon that Court to enrol as Advocates such person as may fulfill certain specified conditions, we do not think that the petitioner can legitimately ask use to compel the High Court to do or forbear from doing some thing, which it is legally bound to do or forbear from doing.

2. Mr. Ghose s contention in substance is that the proviso to Section 9(1) of the Indian Bar Councils Act is itself void as conflicting with the