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2025 Supreme(Online)(HP) 5931
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
G.S. Sandhawalia, CJ, Ranjan Sharma, J
Inderpal Singh – Appellant
Versus
Himachal Pradesh University – Respondent
LPA No: 295 of 2024 | CWP No. 2915 of 2023
For the Appellants/Petitioners:Mr. Ajay Sharma, Senior Advocate, Mr. Atharv Sharma
For the Respondents: Mr. Nitin Thakur, Mr. Arsh Chauhan, Mr. Sunil Mohan Goel, Mr. Raman Jamalta
The eligibility for enrollment as an Advocate requires prior completion of a Bachelor's Degree; admission to law without it invalidates enrollment rights.
Headnote:(A) Advocates Act, 1961 - Sections 7, 24, and 49 - Legal Education Rules, 2008 - Admission to Three Year LLB Course - Appellant, without a Bachelor's Degree, admitted in LLB, later denied enrolment due to ineligibility. The Bar Council's refusal upheld as non-compliant with legal norms of enrolment. (Paras 6, 10)
(B) Admission Requirements - Eligibility for enrolment mandates prior attainment of a Bachelor’s Degree before law studies. Non-fulfillment results in ineligibility for enrolment as Advocate. (Para 10)
(C) Judicial Precedent - Court found no merit in claims of irregular admission by University/College; the appellant's own actions led to the situation. (Para 10(iii))
(D) Right to Enrolment - Hardship due to improper admission cannot justify overriding statutory eligibility conditions. The appellant's claim for rectification denied. (Para 10(iv)) (E)
Findings of Court:
Appellant aware of prerequisites; no fault of institutions. The decision by the Bar Council upheld, being within jurisdiction and lawful. (Paras 13, 14) (F)
Result: Appeal dismissed.
Ranjan Sharma, Judge.
Appellant-writ petitioner, Inderpal Singh, has come up before this Court, assailing the judgement dated 02.07.2024 [referred to as the Impugned Judgement] passed by the Learned Single Judge in CWP No. 2915 of 2023, In Re: Inderpal Singh vs Himachal Pradesh University and Ors, whereby, the recommendations dated 17.03.2023 [Annexure P-2] made by the Enrolment Committee and order dated 24.03.2023 [Annexure P-1], passed by the Respondent No. 4-Bar Council of Himachal Pradesh, refusing to enroll the appellant-writ petitioner, as an. advocate stands upheld ; and aforesaid orders are the subject matter in instant Letters Patent Appeal.
FACTUAL MATRIX:
2. Appellant-writ pe titioner, Inderpal Singh had set-up a case that rhe passed his B.A. First Year from Government College, Nahan, in February, 2011. Thereafter, he passed B.A. 2nd Year in July, 2013. It is the case of the appellant-writ petitioner that he took admission in B.A. 3rd year and he could not qualify the paper of Environmental Studies, due to which he was given reappear-compartment by the H University. For clearing the reappear-compartment, he again appeared for EVS Paper of B.A. 3rd Year in March, 2015 and after passing this paper, he was awarded BA Third-Final certificate on 27.07.2015 [Annexure P-5 Colly in writ file].
2(i). It is averred that though the appellant was awarded reappear-compartment in the paper of Environmental Studies in BA Third-Final Year yet, in June 2014, he got admission in Three Year LLB Degree Course in the Respondent No. 2 & 3 College. Thereafter, he submitted a represe.ntation on 09.09.2014 [Annexure P-7] requesting the respondents No. 2 & 3-College to give him provisional admission with the undertaking, that in case, he fails to qualify graduation, his provisional admission may be cancelled.
2(ii). It is averred that the appellant qualified BA Final-Third Year on 27.07.2015 [Annexure P-5, Colly] and Three Year’s LLB Course on 17.11.2017 [Annexure P-8, Colly], and keeping in view these qualifications, the petitioner applied for enrolment as an Advocate with Respondent No. 4-Bar Council H of Himachal Pradesh but since, no decision was taken regarding his enrolment, therefore, the appellant was compelled to filed a CWP No. 1760 of 2018, before this Court. This writ petition was listed on 22.03.2023 [Annexure P-1, Colly], when, it was disposed of in view of consideration order, refusing enrolment as Advocate, which was placed on record by the Respondent No.4-Bar Council of Himachal Pradesh ; reserving liberty to the petitioner to assail the said order in appropriate proceedings.
2(iii). Feeling aggrieved, appellant-petit.ioner filed another petition, i.e. CWP No 2915 of 2023, assailing the orders dated 17.03.2023 [Annexure P-2] and the orders dated 24.03.2023 [Annexure P-1] whereby, the Respondent No.4-Bar Council of Himachal Pradesh, refused to enroll the petitioner as an Advocate, on the ground, that he was admitted to Three Year LLB Course without possessing B.A-Graduation Degree and therefore, the petitioner being ineligible could not be enrolled as an Advocate as per norms. The recommendations made by the Enrolment Committee for non-enrolment on 17.03.2023 and its approval H given by the General House of the Respondent No 4-Bar Council on 24.03.2023 [Annexures P-2 & P-1] were assailed by the petitioner in the writ petition.
STAND OF RESPONDENT No 1 -UNIVERSITY BEFORE WRIT COURT:
3. Respondent-University filed a reply-affidavit before the Writ Court, with the specific stand that as per Clause 6.15(a) [Annexure R-1, in writ file], University accepted his candidature for examinations on the basis of the recommendations made by the respective Head of Institute of Respondent No 2 & 3 College and therefore, the writ petitioner w.as allowed to continue his LLB Course.
STAND OF RESPONDENT NO.4-BAR COUNCIL OF HIMACHAL PRADESH:
4. Respondent No 4-Bar Council of Himachal Pradesh, filed a reply-aftfidavit stating that on receipt of an applicati
