Indira Banerjee, J.

In these writ petitions, petitioners have challenged the decision of the Bar Council of Tamil Nadu and Puducherry, hereinafter referred to as “the State Bar Council”, to keep the applications of the petitioners for enrolment pending.

2. The reasons for keeping the applications of the petitioners pending are contained in a list published by the Bar Council of Tamil Nadu. The enrolment applications of these petitioners have been kept pending on the ground that they had cleared the Secondary (X Class) or the Higher Secondary (XII Class) Board Examination privately.

3. It is not in dispute that all the petitioners have obtained the L.L.B. degree from a University established by statute and recognized by the Bar Council of India, by prosecuting a regular Three Year L.L.B. Course conducted by the University or an institution affiliated thereto. The universities from which the petitioners have obtained the L.L.B. degree are the Venkateswara University, Tirupathy, Andra Pradesh; Dr.Ambedkar Law University, Tamil Nadu and Andhra University, Andhra Pradesh, respectively. It is also not in dispute that all the applicants have graduated from Universities established by statute whose degree in law is recognized by the Bar Council of India, by prosecuting regular Bachelor's Degree courses.

4. The short question involved in these writ petitions is whether the applications of the petitioners for enrolment as advocates in the roll of the State Bar Council can be declined or even kept in abeyance only on the ground that the petitioners cleared the Secondary (X Class) or the Higher Secondary (XII Class) Board Examination privately, without attending regular classes in a recognized school.

5. Legal practice in India is regulated by the Advocates Act, 1961, hereinafter referred to as “the 1961 Act”, which came into force with effect from 19.5.1961.

6. Section 4 of the 1961 Act provides for constitution of the Bar Council of India consisting of members, as specified in the said Section. The functions of the Bar Council of India, as enumerated in Section 7 of the 1961 Act, inter alia, are:

“(g) to exercise general supervision and control over State Bar Councils;

(h) to promote legal education and to lay down standards of such education in consultation with the Universities in India imparting such education and the State Bar Councils;

(i) to recognise Universities whose degree in law shall be a qualification for enrolment as an advocate and for that purpose to visit and inspect Universities [or cause the State Bar Councils to visit and inspect Universities in accordance with such directions as it may give in this behalf];

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(ic) to recognise on a reciprocal basis foreign qualifications in law obtained outside India for the purpose of admission as an advocate under this Act”

7. The functions of the Bar Council of India include promotion of legal education and laying down standards of such education in consultation with the Universities in India imparting such education and the State Bar Councils.

8. The State Bar Council has been constituted under Section 5 of the 1961 Act. The functions of the State Bar Councils are enumerated in various sub-sections of Section 6 of the 1961 Act. The functions are as follows:

“6. Functions of State Bar Councils. - (1) The functions of a State Bar Council shall be

(a) to admit persons as advocates on its roll;

(b) to prepare and maintain such roll;

(c) to entertain and determine cases of misconduct against advocates on its roll;

(d) to safeguard the rights, privileges and interests of advocates on its roll;

(dd) to promote the growth of Bar Associations for the purposes of effective implementation of the welfare schemes referred to in clause (a) of sub-section (2) of this section clause (a) of sub-section (2) of section 7; (e) to promote and support law reform;

(ee) to conduct seminars and organise talks on legal topics by eminent jurists and publish journals and paper of legal interest;

(eee) to organise leg