An affiliation with the Bar Council is mandatory for enrollment as an Advocate.

JUDGMENT

The petitioner seeks for a direction commanding the 1^st respondent to enroll him as an Advocate without insisting upon the production of a Bar Council Affiliation Certificate.

2. The petitioner claims to have qualified the Entrance Examination for law conducted by the Maharashtra State Common Entrance Test (CET) Cell and completed his Bachelor of Laws (LL.B.) in the year 2025, from M.S. College of Law, Thane, Mumbai, under the management of Habib Educational and Welfare Society. After graduating in LL.B, petitioner submitted an application for enrollment as an Advocate, to the 1^st respondent on 02.09.2025 and remitted the enrollment fee. In the meantime he even qualified the All India Bar Examination (AIBE) on 30.11.2025. According to the petitioner, on 28.09.2025, during the physical verification of his documents, the 1^st respondent directed him to produce the Bar Council Affiliation Certificate issued to the College. Since he was unable to produce the said certificate immediately, respondents excluded him from the enrollment ceremony held in October 2025. Petitioner contends that, several students who graduated from the very same institution have already enrolled as Advocates with the Bar Council of Maharashtra and Goa, while petitioner alone has been subjected to discriminatory treatment.

3. Petitioner asserts that he should be permitted to enroll with the Bar Council without insisting on production of the Affiliation Certificate of the College. Reference was invited to a similar issue that arose in connection with students who had passed out from the Government Law College, Kozhikode, wherein, this Court had issued a direction permitting enrollment, notwithstanding the said college not possessing an affiliation certificate. Hence, petitioner has approached this Court seeking directions as mentioned in the prefatory part of this Judgment.

4. A statement has been filed on behalf of the Bar Council of India pointing out that the M.S. College of Law though initially granted approval for the 3 year as well as the 5 year LL.B and BA LL.B Courses respectively, it was valid only till the academic year 2018-19. It is further stated that the Bar Council of India has not granted approval of affiliation to the College after the academic year 2018-19 and therefore the petitioner cannot be permitted to enroll as an Advocate. The respondents have further stated that after due compliance with all the directions and fulfillment of the mandatory requirements under the Rules of Legal Education, 2008, including the infrastructural, academic and faculty norms along with payment of the arrears due from the college, the Bar Council of India will be in a position to proceed further in the matter. It is further stated that mere clearance of arrears to the Bar Council is not sufficient and strict adherence to the prescribed norms governing legal education is imperative to ensure that the institution meets the requisite standards.

5. I have heard Sri. K C Mohamed Rashid, the learned Counsel for the petitioner as well as Sri. Rajit, the learned Standing Counsel for the Bar Council of India and the learned Senior Counsel Sri. K. Jaju Babu instructed by Smt. M.U.Vijayalakshmi, the learned Counsel for the 1^st respondent.

6. One of the functions of the Bar Council of India is to recognize Universities and Colleges whose degrees in law shall be a qualification for enrollment as an Advocate. The power of the Bar Council to recognize Universities which confer degree of law, entitles the degree holder to enroll as an Advocate. Section 49 (1)(d) of the Advocates Act empowers the Bar Council of India to enact rules prescribing standards of legal education to be observed by the Universities. Affiliation with the Bar C