The main legal point established in the judgment is the responsibility of the Bar Council of India to maintain high standards of legal education and ensure that institutions imparting legal education meet necessary infrastructure requirements.

C.S. Rajan, J.

The petitioners studied for Law in Indira Priyadarshini College of Law at Bangalore. The above College was affiliated to the Bangalore University. According to the petitioners they started their training under the Bar Council of Kerala. They completed the training of one year in January and February 1999 respectively. According to them, they are entitled to be admitted as Advocates on the State Roll of the Bar Council of Kerala. But they were informed by the Bar Council of Kerala as per Ext. P-1, a letter addressed to the Bar Council of India, that the name of the Law College in which the petitioners studied was not seen included in the list. of affiliated Law Colleges by the Bar Council of India. The Bar Council of India was already requested in Ext. P-1 to clarify whether the said Law College was approved by the Bar Council of India for the purpose of enrolment. The first petitioner filed Ext. P-3 representation before the Bar Council of Kerala. In Ext. P-3 the first petitioner requested to take up the matter with the Bar Council of India and to save him from the embarassing situation. The Bar Council of Kerala as per Ext. P-4 informed the first petitioner that the Bar Council of India was informed that the Indira Priyadarshini Law College, Bangalore was not granted approval of affiliation for the purpose of enrolment. Therefore, the application could not be considered for the purpose of enrolment at present. Ext. P-4(a ) is a similar communication addressed to the second petitioner.

2. By Ext. P-6 letter the Principal of Law College informed the counsel for the petitioners that the College is taking steps to comply with the conditions imposed by the Bar Council of India. Thereafter the petitioners submitted Ext. P-7 representation to the Bar Council of India and Ext. P-8 before the Bar Council of India. It may be pointed out that all these correspondence started from March, 1998 and ended with October, 1998.

3. The petitioners in this Original Petition have sought to quash Exts. P-4 and P-4(a) and also to strike down R.12 of Part IV of the Bar Council of India Rules as it is ultra vires of the provisions contained in the Advocates Act and is violative of the fundamental rights of the petitioners. The petitioners also pray for a declaration that they are eligible to be enrolled as Advocates.

4. In order to appreciate the arguments of the petitioners it is necessary to refer to the provisions contained in the Advocates Act and the Rules made thereunder. S.24 of the Advocates Act deals with the qualification to be admitted as an Advocate of a State Roll. S.24(c)(iii), which is the relevant provision as far as this case is concerned is as follows:

"(iii) after the 12th day of March, 1967, save as provided in sub-clause (iii a), after undergoing a three year course of study in law from any University in India which is recognized for the purposes of this Act by the Bar Council of India."

The Bar Council of India in exercise of its powers under S.15 of the Advocates Act framed Rules prescribing standards of legal education and recognition of Degrees in Law or admission as Advocates. The relevant Rules as far as this case is concerned are Rr.17 and 18 which are as follows:

"17. (1) No college after coming into force of these rules shall in part instruction in a course of study in law for enrolment as an advocate unless its affiliation has been approved by the Bar Council of India. (2) An existing law college shall not be competent to impart instruction in a course of study in law for enrolment as an advocate if the continuance of its affiliation is disapproved by the Bar, Council of India.

18. The Bar Council of India shall cause law college affiliated or sought to be affiliated to a University to be inspected by a Committee to be appointed by it for the purpose, when:

(a) An application for approval of affiliation of anew college is received by it, or It suo mote decides in order to ensure that the standards of