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2024 Supreme(Online)(KER) 11969
HIGH COURT OF KERALA
P.M. MANOJ, J
UNNIKRISHNAN H – Appellant
Versus
THE BAR COUNCIL OF INDIA – Respondent
WP(C) 25979/2024
The date of result publication is the effective date for obtaining a law degree, allowing for eligibility in subsequent enrollment processes despite procedural delays.
Headnote:
Enrolment - Advocate's Enrolment - Advocates Act, 1961 - Section 24 - Courts have interpreted that the date of obtaining a law degree is the date of publication of results, allowing the petitioner to enroll despite delays with the provisional certificate.
Fact of the Case:
The petitioner sought enrollment as an advocate on 28.07.2024 after passing the LLB exam. Although the result was published on 28.05.2024, a provisional certificate received later resulted in a denial of enrollment due to a cutoff date.
Finding of the Court:
The court found merit in the petitioner's arguments based on the publication date of the exam results under Section 24, deeming him eligible for enrollment despite the late presentation of the provisional certificate.
Issues: Whether the petitioner could enroll as an advocate given the technical delay in submitting the provisional certificate against the cutoff date.
Ratio Decidendi: The court interpreted Section 24 of the Advocates Act, determining that the petitioner is deemed to have obtained his law degree on the result publication date, not the certificate issue date.
Final Decision: The petition was allowed, directing the respondents to permit the petitioner to enroll as an advocate on 28.07.2024.
The writ petition is preferred seeking a direction to the respondents 1 to 5 to allow the petitioner, who is a candidate to be enrolled himself as an advocate on the enrolment scheduled to be conducted on 28.07.2024.
2. The petitioner passed the LLB examination after undergoing a regular course of studying. The result was published on 28.05.2024 through the Enterprise Resource Planning system of the 6th respondent college in their website. On the strength of such result, the petitioner, on knowing that the next date of enrolment is on 28.07.2024, submitted his application for enrolment before the 2nd respondent, the Bar Council of Kerala through online on 24.06.2024. The said application was uploaded with necessary and essential documents to prove his academic as well as the personal credentials. The petitioner also remitted the prescribed fee on 27.06.2024 and obtained a system generated registration number as 2525/2024 as evident from Ext.P1.
3. When the provisional certificate issued by the 6th respondent by virtual mode on 11.07.2024 having date 11.07.2024, the petitioner appeared in person and produced the same which is marked as Ext.P3 in support of the application submitted as is evident from Ext.P1.
4. On such an event, the 4th respondent informed that the last date for submission of the documents was on 08.07.2024. Since the petitioner’s provisional certificate is dated 11.07.2024, the petitioner is not eligible for enrolment to be held on 28.07.2024.
5. Under such circumstances, the petitioner submitted Ext.P4 representation stating that the petitioner is deemed to have passed LLB degree on 28.05.2024 being the date of publication of result as provided under Section 24 of the Advocates Act, 1961 through an email and through physical mode to respondents 2 to 5 for a permission for enrolment on 28.07.2024. This was done on 16.07.2024 as evident from Ext.P4.
6. The respondents have not considered the said request of the petitioner thereby his opportunity to enrol as an advocate on 28.07.2024 was denied. Since the stand taken by the respondents are arbitrary and illegal and causing severe prejudice and gross injustice to the petitioner, the petitioner approached this Court on the strength of Ext.P5 judgment in WP(C) No.41733/2023. The assertions are that, in the case on hand, the petitioner has submitted an application for enrolment as early as on 24.06.2024, remitted the prescribed fee on 27.06.2024 and got his application registered with system generated number 2525/2024. In the other case, the applicant in that case was not even able to submit an application on time through online. Even then, this Court had allowed the petitioner therein to submit his application on 14.12.2023 physically and permitted him to enrol on 17.12.2023. This is the circumstances in which the petitioner approached this Court seeking a relief to direct respondents 1 to 5 to allow the petitioner to enrol him as an advocate on 28.07.2024 which being the date of forthcoming enrolment.
7. In contra to the contentions by the learned counsel for the petitioner it is asserted by the counsel for the respondents that the entire process of the application should have been completed twenty days prior to the date of enrolment. On that event, a cut off date was fixed on 08.07.2024. Only then necessary verification could be done by the respondents prior to the date of enrolment. This is quite essential to ensure the credibility of the process of enrolment.
8. I have heard Sri.V.N.Sankarjee, the learned counsel for the petitioner as well as the learned counsel appearing for the respondents.
9. On evaluating these contentions, I find force with the contentions of the counsel for the respondents. However, the petitioner herein has submitted his application as early as on 24.06.2024 and remitted the fee online on 27.06.2024, which is more than a month before the date of enrolment. His application is also got registered as evident from Ext.P1. However, it is a
