IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN MONDAY, THE 4^TH DAY OF APRIL 2022 / 14TH CHAITHRA, 1944 WP(C) NO. 7413 OF 2022 PETITIONER:

P.PRAKASH AGED 58 YEARS S/O LATE C.P.MENON, RESIDING AT "HALASYAM" K.B. ROAD, VYTTILA P.O., KOCHI - 682 019 BY ADV B.MOHANLAL RESPONDENTS:

1 THE BAR COUNCIL OF INDIA REPRESENTED BY ITS SECRETARY, 21, ROSE AVENUE, INSTITUTIONAL AREA, NEW DELHI - 110002

2 BAR COUNCIL OF KERALA, REPRESENTED BY ITS SECRETARY, BAR COUNCIL BHAVAN, HIGH COURT CAMPUS, ERNAKULAM, KOCHI - 682 031

3 THE CHAIRMAN BAR COUNCIL OF KERALA, BAR COUNCIL BHAVAN, HIGH COURT CAMPUS, ERNAKULAM, KOCHI - 682 031

4 THE ENROLMENT COMMITTEE OF BAR COUNCIL OF KERALA REPRESENTED BY ITS CHAIRMAN, BAR COUNCIL OF KERALA, BAR COUNCIL BHAVAN, HIGH COURT COMPUS, ERNAKULAM, KOCHI - 682 031 BY ADVS.

SRI.PRANOY K.KOTTARAM, SC, BAR COUNCIL OF KERALA SRI.SIVARAMAN P.L SRI.RAJIT, SC - R1 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04.04.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

P.V.KUNHIKRISHNAN, J -------------------------------

W.P.(C)No. 7413 of 2022 --------------------------------

Dated this the 4^th day of April, 2022

JUDGMENT

The above writ petition is filed with the following prayers:

“(i) To call for the records leading to Ext.P3 from the Respondents and to issue a writ of certiorari or other appropriate writ, order or direction quashing the order declining to enroll the Petitioner as an Advocate in the Rolls of the Bar Council of Kerala.

(ii) To issue a writ of mandamus or any other writ, order or direction directing the Respondents to enroll the Petitioner as an Advocate in the rolls of the Bar Council of Kerala taking into consideration of Ext.P3 Application submitted by the Petitioner within a stipulated time as directed by this Hon'ble Court.

(iii) To declare that the Petitioner is entitled to enroll the Petitioner as an Advocate in the rolls of the Bar Council of Kerala taking into consideration of Ext.P3 Application submitted by the Petitioner. (iv) To issue a writ of mandamus or any other writ or order direction commanding the 2^nd Respondent to consider and dispose of Ext.P6 and P7 within a stipulated time as directed by this Hon'ble Court and to enroll the Petitioner as an Advocate in the rolls of the Bar Council of Kerala taking into consideration of Ext.P3 Application submitted by the Petitioner.

(v) To issue any other writ or order as is deemed fit and proper by this Hon'ble Court in the interest of justice.”[SIC]

2. The petitioner superannuated from ICICI Bank from the post of Chief Manager on 30/04/2021. According to him he was a regular student of three year L.L.B Course for the academic year 2014-2017 from Dr. Ambedkar Global Law Institute, Tirupati affiliated to Sri.Venkateswara University, Tirupati. According to the petitioner, he successfully completed the course in the examination held in June 2017 and secured 3^rd class. Ext.P1 is the study and attendance certificate and Ext.P2 is the Degree certificate of the petitioner. The petitioner submitted Ext.P3 application for enrollment as an advocate on the rolls of the Bar Council of Kerala and remitted required fees. The petitioner was directed to produce certain documents.

He submitted Ext.P4 certificate from the bank and Ext.P5 affidavit. But the name of the petitioner was not included in the list of candidates to be enrolled. Thereafter he submitted Exts.P6 and P7 before the respondents. The petitioner has not been given any reply. He was also not permitted to enroll as an advocate in the rolls of the Bar Council of Kerala. According to the petitioner, he possesses all the requisite qualifications for enrolling as an advocate as per the Advocates Act, 1961. It is the case of the petitioner that the L.L.B course secured by the petitioner is a regular course of study affiliated by Sri.Venketeswara University which is a statutory university. In such circumstances, this writ petition is filed.

3. Heard the learned c