BAR COUNCIL OF INDIA, N. DELHI Vs. GUNDIMEDA KESAVARAMAYYA AND ANOTHER
LAWS(APH)-1971-11-38
HIGH COURT OF ANDHRA PRADESH
Decided on November 01,1971

Bar Council Of India, N. Delhi Appellant
VERSUS
Gundimeda Kesavaramayya And Another Respondents

JUDGEMENT

PARTHASARATHI,J . - (1.) The respondent, a law graduate, applied to the Bar Council of Andhra Pradesh for admission on the roll of advocates. His application was rejected on the ground that as per the requirements laid down by the Bar Council of India, he was not eligible for enrolment as advocate. No degree of law obtained after 30th June, 1964 from any University in India was recognised unless such degree was obtained after undergoing a course of study in law for a minimum period of two years after graduation. That rule was embodied in a resolution of the Bar Council of India adopted by it on 25-2-1963. By the same resolution an exception was made in regard to persons who commenced a course of study in law before graduation, prior to the 28th February 1963, provided they obtain a degree in law before the first October, 1966.
(2.) The respondent took up a course of study in law prior to 28th February, 1963, but did not obtain a degree in law within the time allowed viz., October 1, 1966. He got a degree in law in 1969. The Bar Council of Andhra Pradesh, therefore came to the conclusion that in terms of the resolution of the Bar Council of India, the respondent lacked the requisite qualification for enrolment.
(3.) The respondent moved this Court under Article 226 of the Constitution of India and sought a writ of mandamus to compel the Bar Council of Andhra Pradesh to enrol him as an advocate. His petition rests on the plea that the fixation of the "upper limit of 1-10-66 as per the provision to resolution 201 of 1963 dated 25-2-63 of the Bar Council of India is ultra vires of its powers and null and void.";


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