Judgment

GOSWAMI, J.:- This Writ Petition under Article 32 of the Constitution is directed against an order passed by the Bar Council of Delhi refusing to enrol the petitioner as an advocate under the Advocates Act, 1961 (Act 25 of 1961), hereinafter referred to as the Act. Since the order was passed by the Delhi Bar Council after reference to the Bar Council of India under Section 26 (2) of the Act, both the Bar Councils are impleaded as the first and the second respondents respectively. The Third respondent is the Union of India in the Ministry of Law since the petitioner takes an additional ground that Section 26 (2) of the Act is in conflict with Section 48 A of the same Act.

2. The facts, as disclosed in the Writ Petition, are as follows:

"The petitioner is a citizen of India. Under the laws then prevailing he was granted a sanad by the highest court Ijlas Thikana Khetri on 22nd November, 1936. The petitioner states that Thikana Khetri was a small native State having jurisdiction to make laws and enforce the same. On the basis of that sanad the petitioner started practice at Loharu, another native State, in 1944 and continued to practise till May 1947 when he joined service as a