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2024 Supreme(Online)(ORI) 1258

ORISSA HIGH COURT
K.R.MOHAPATRA, J
BRUNDABAN CH.BARIK – Appellant
Versus
ORISSA S.BAR COUNCI – Respondent
WP(C) 22022 / 2012



Advocates:
Mr. Pravat Ranjan Ranjan Dash, Advocate

Only graduates from law colleges recognized by the Bar Council of India are eligible for enrolment as advocates, as upheld by the Supreme Court.

Headnote:(A) Advocates Act, 1961 - Enrolment of Advocates - The petitioner sought to set aside the Odisha State Bar Council's decision denying enrolment due to graduation from an unapproved law college. The Bar Council's resolution and Supreme Court precedent affirm that only graduates from recognized institutions are eligible for enrolment. (Paras 3, 4, 5)

(B) Legal Education - The requirement for law graduates to have attended approved colleges is valid and enforceable, ensuring standards in legal practice. (Paras 4, 5)

Facts of the case:
The petitioner graduated from Vivekananda Law College, Angul, an unapproved institution, and sought enrolment as an advocate, which was denied based on Bar Council regulations.

Findings of Court:
The court upheld the Bar Council's decision, citing the Supreme Court's ruling that enrollment requires graduation from recognized institutions.

Issues: The primary issue was whether the petitioner could be enrolled as an advocate despite graduating from an unapproved law college.

Ratio Decidendi: The court concluded that the Bar Council's requirement for recognized law degrees is valid, and the petitioner does not meet this criterion.

Result: Writ petition dismissed.

ORDER

. 1. This matter is taken up through hybrid mode.

2. None appears for the Petitioner at the time of call.

Mr. Dash, learned counsel for Odisha State Bar Council-

    Opposite Party is present.

3. Petitioner, in this writ petition, seeks to set aside the letter No.1258/11 dated 11th March, 2011 (Annexure-4) of the Odisha State Bar Council, Cuttack, whereby the following decision of the Enrolment Committee was communicated to him. The resolution reads thus:-“Considered the application of Sri Brundaban Chandra Barik for enrolment. On verification of the certificate, it is seen that Sri Barik has completed LL.B.

    Degree in the year 2005 from Vivekananda Law College, Angul an unapproved Law College of Bar Council of India. It is also seen that, he has undertaken course of study in law during the period 1999 to 2002 from Vivekananda Law College, Angul and completed LL.B.
    degree in the year 2005, as such, he is not coming under the purview of the Bar Council of India Cir.No.4/dt.27.5.2002 which stipulates that, "Candidates who have completed LL.B. Degree within the academic year 2001-2002 from unapproved law Colleges shall be entitled to be enrolled." and he is also not coming under the resolution of this Council dt.09.09.2001 which reads // 2 // Page 2 of 3 that" Candidates who have taken admission prior to such refusal in 1998 shall be entitled to be enrolled." "Since Shri Barik has taken admission during the year 1999 1999 in the unapproved law college and completed LL.B.
    Degree in 2005, he is not entitled to be enrolled."
    Assailing the said letter rejecting the request of the Petitioner for enrolment as an Advocate under the Advocates Act, 1961, Petitioner has filed this writ petition.
    4. Mr. Dash, learned counsel for Opposite Party placed reliance on a judgment passed by the Hon’ble Supreme Court in Civil Appeal No.8571 of 2013 ( Bar Council of India Vs. Rabi Sahu and another ), wherein, it is held as under:-
    “7. Viewed thus, the rule framed by BCI requiring a candidate for enrolment as an Advocate to have completed his law course from a college recognized/approved by BCI cannot be said to be invalid, as was held in the impugned order.
    8. We, therefore, have no hesitation in holding that the Division Bench was not justified in directing the enrolment of respondent No.1 as an Advocate, despite the fact that he secured his law degree from a college which was not recognized or approved by BCI.
    The appeal is accordingly allowed, setting aside the order dated 21.09.2012 passed by Orissa High Court in W.P.(C) No.32506 of 2011.
    In the circumstances, there shall be no order as to costs.”

4.1 He, therefore, submits that since the Petitioner passed out from Vivekananda Law College, Angul, which is neither a recognized nor affiliated to Bar Council of India, the prayer made in the writ petition cannot be granted.

5. Since none appears for the Petitioner to pursue the matter and in view of the clear finding of the Hon’ble Supreme Court in the case of Rabi Sahu (supra) , this Court has no // 3 // hesitation to hold that the Petitioner is not entitled to be enrolled as an Advocate under the Advocates Act , 1961. As such, I find no infirmity in the communication under Annexure-4.

6. Accordingly, the writ petition stands dismissed.

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