Judgment

SINHA, C.J.I. : This petition under Art. 32 of the Constitution arises out of the unfortunate difference which has a long history behind it, between two sections of the Calcutta High Court Bar. The four petitioners in the petition, as originally presented, are advocates duly enrolled in the Calcutta High Court (to be hereinafter referred to as the Court) between the years 1948 and 1952, and claim to be entitled to appear and plead in the said High Court in the exercise of its Original as well as Appellate jurisdictions. The respondents are: (1) the State of West Bengal, represented by the Chief Secretary, and (2) the Chief Justice of the Court.

2. It appears that the petitioners generally practise in the Court in the exercise of its Original jurisdiction. In the year 1956 they were called to the English Bar by the Hon ble Society of the Middle Temple in the Michaelmas Term. The petitioners duly notified to the Registrar, Original Side of the Court, to correct the register of advocates practising on the Original side, by adding "Barrister-at-law" after their names. Thus, the petitioners who started as advocates of the Court claim to have become entitled to the additional qualification of a "Barrister" though they had not read for a period of 12 months in the chambers of a practising Barrister in England or a practising Barrister in Calcutta, as required by the rules of the Original side of the Court. In other words, according to the rules of the Court, there were three classes of advocates practising in the Court; namely, (1) a Barrister who had read for not less than 12 months in the chambers of a practising Barrister in England or in Calcutta; (2) a Barrister who had not so read in the chambers of a Barrister; and (3) any person who had obtained a Bachelor s degree in Law of a recognised university and had obtained the qualification to practice on the Original side of the Court after passing the necessary tests. The High Court is said to maintain two lists of advocates entitled to appear and plead in the said Court on the Original side, namely, list I containing the names of persons, enrolled as advocates on the basis of their being Barristers-at-law, and list II containing the names of other advocates than Barristers-at-Law. The petitioners claim that inasmuch as they were persons duly qualified to appear and plead in the said Court in the exercise of its Original jurisdiction and were so enrolled as advocates, it was not necessary for them to further read in the chambers to become advocates of list I, of the Court, according to the classification set out above. A portion of the building of the said Court has been allotted for the use of advocates of the Court. That portion has again been sub-divided into two portions; (1) one occupied by the Bar Library Club consisting of advocates of list I aforesaid, and (2) the other in the occupation of the Bar Association which consists of advocates other than advocates of list I. The petitioners though they have been able to add the word "Barrister" to their names, have not been admitted to the Bar Library Club, which is rather of an exclusive character. The petitioners thus suffer from a disability, because it is said that litigants and/or solicitors generally prefer to engage an advocate who is a Barrister and is a member of the club. The petitioners application for becoming members of the Club was not entertained by it, and, thus, they are being excluded from that portion of the Court building which is in the exclusive occupation of advocates of list I aforesaid. The petitioners and another advocate made representations to the Hon ble the Chief Justice of the Court for having equal advantage and facilities of accommodation meant for the advocates of the Court, that is to say, for that portion of the building which is in the occupation of the Bar Library Club. In reply to the aforesaid representation, the petitioners were informed by the secretary to the Hon ble the Chief Ju