V.K. Bali, C.J.

Priests and Nuns engaged in noble profession of divinity serving God and mankind irrespective of their not earning any salary and being paid maintenance or subsistence allowance alone were ordered to be kept out of noble profession of practicing Law as a lawyer. The order passed by the Bar Council of Kerala and the Bar Council of India thwarting their entry into the legal profession was successfully challenged by a Roman Catholic Priest under the Diocese of Irinjalakuda and two Nuns, not engaged in any kind of a salaried job or activity which may result in any remuneration. The above writs separately filed by them under Article 226 of the Constitution of India have been allowed by a Single Judge of this Court in a common judgment recorded in W.P.(C) No.18312 of 2005-E dated 7th November, 2005. Whereas the Bar Council of Kerala has accepted the judgment of the learned Single Judge and is keen to implement the same, the Bar Council of India, however, takes exception to the same by challenging it through present writ appeals. The only, but significant question that arises for determination is whether the Father and two Nuns were engaged in any trade, business or occupation in the context of Section 2(h) of the Bar Council of Kerala Rules. Before, however, we may deal with and answer the question as posed above in the light of the contentions that have been raised by the learned counsel appearing for the parties, it will be useful to extract, even though in brevity, the facts constraining a Priest and two Nuns to approach this Court for the desired relief.

2. W.P. (C) No.20635 of 2005 was filed by a Roman Catholic Priest who graduated in Law from the Bangalore University. He sought enrolment by an application which was filed before the Kerala Bar Council. On receipt of the application he was called upon to submit certain particulars and to furnish an affidavit stating that, presently he was not holding any post or rendering any service or doing any business or profession in any society or institution. He submitted the required documents from which it would be made out that he was working as a Parish priest of Little Flower Church, Anandapuram, for which no remuneration was paid to him. He was called for a hearing by the Enrolment Committee, but he was not permitted to participate in the enrolment held on 21.11.2004. While seeking enrolment as an advocate when his application was kept pending without any orders, he urged that he is a priest not engaged in any kind of salaried job or activity nor was getting any remuneration. Priesthood is a religious life style and not a profession. The Catholic Church counts priesthood as one of the seven sacraments of Christianity. The marriage, blessing of life together, is also considered as one of the seven sacraments. As a priest, he was doing purely spiritual service and it was not a bar for doing any profession. He further urged that number of priests and nuns have already engaged in different professions like teaching, nursing, etc. A number of priests and nuns have already enrolled as advocates and were doing their practice and different places. A Nun in W.P.(C) No.18312 of 2005 urged that the application submitted by her for enrolment as an advocate was not allowed by the Bar Council of Kerala. While asking for similar prayers as were asked for by the petitioner in W.P.(C) No.20635 of 2005 she urged that she is a religious nun and not engaged in any kind of salaried job or activity which may result in any remuneration. Nunhood is a religious life style and not a profession. A number of nuns and priests are already engaged in different professions like teaching, nursing, etc. She further urged that a number of nuns and priests had already enrolled as advocates and were doing their practice at different centers of the State. Yet another Nun who filed W.P.(C) No.20636 of 2005 stated that she was a Nun belonging to the congregation of Medical Sisters of St.Francis