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ANDHRA PRADESH HIGH COURT AT AMARAVATI
Cheekati Manavendranath Roy, J.
Gorla Manasa – Appellant
Versus
Union of India & Ors. – Respondents
Writ Petition No. 41810 of 2022
Decided On : 30-12-2022
Mandamus - Enrolment as Advocate - Non-production of Nursing Certificate of Registration - Court directed the Bar Council to consider the application for enrolment after the cancellation of the Nursing Certificate Registration was produced
Fact of the Case:
The petitioner filed a Writ Petition for mandamus to declare the action of the 3rd respondent in not considering the application for enrolment as an Advocate due to non-production of cancellation of B.Sc. Nursing Certificate of Registration as illegal.
Finding of the Court:
The court directed the 3rd respondent Bar Council to consider the application for enrolment after the cancellation of the Nursing Certificate Registration was produced.
Issues: Non-consideration of application for enrolment as an Advocate due to non-production of cancellation of Nursing Certificate of Registration
Ratio Decidendi: The court found that the hurdle to consider the application for enrolment as an Advocate was cleared after the cancellation of the Nursing Certificate Registration was produced.
Final Decision: The Writ Petition was disposed of with a direction to the 3rd respondent Bar Council to consider the application for enrolment after the cancellation of the Nursing Certificate Registration was produced.
JUDGMENT
Cheekati Manavendranath Roy, J. - This Writ Petition for mandamus is filed to declare the action of the 3rd respondent in not considering the application dated 15.11.2022 of the petitioner to enroll her as an Advocate on the ground of non-production of cancellation of B.Sc. Nursing Certificate of Registration, dated 18.11.2013, issued by the 5th respondent, as illegal and consequently, sought direction to respondent No.3 to consider the application of the petitioner for enrolment as an Advocate.
2. Heard learned counsel for the petitioner and Sri Maheswara Rao Kuncheam, learned Standing Counsel for 2nd respondent Bar Council of India; Sri S.V.R. Subrahmanyam, learned Standing Counsel for 3rd respondent Bar Council of Andhra Pradesh; and learned Assistant Government Pleader for Medical, Health and Family Welfare, for respondents 4 and 5.
3. At the time of hearing, learned Assistant Government Pleader for Medical, Health and Family Welfare, appearing for respondents 4 and 5, has produced copy of the proceedings issued for cancellation of the Nursing Certificate of Registration issued in favour of the petitioner.
4. Therefore, the hurdle to consider the application of the petitioner for enrolment as an Advocate has now been cleared.
5. Therefore, the Writ Petition is disposed of with a direction to the 3rd respondent Bar Council of Andhra Pradesh that after producing the said proceedings cancelling the Nursing Certificate Registration of petitioner to consider the application of the petitioner for her enrolment as an Advocate and complete the formalities as per the procedure in vogue. No costs.
Consequently, miscellaneous applications, pending if any, shall also stand closed.
AI
The court emphasized the importance of producing the cancellation of the Nursing Certificate Registration for consideration of the application for enrolment as an Advocate.
The eligibility for enrollment as an advocate under the Advocates Act is contingent upon compliance with specific disqualifications, particularly concerning concurrent employment in government servic....
The High Court may direct a statutory body like the Bar Council to expeditiously process representations regarding professional qualification disputes once internal procedural prerequisites, such as ....
The right to practice law as an advocate is a statutory privilege contingent upon meeting specific legal qualifications, not an absolute fundamental right.
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