Sinha, C. J. - (1.) This petition under Art. 32 of the Constitution arises out of the unfortunate difference which has a long history behind it, between two sections of the Calcutta High Court Bar. The four petitioners in the petition, as originally presented, are advocates duly enrolled in the Calcutta High Court (to be hereinafter referred to as the Court) between the years 1948 and 1952, and claim to be entitled to appear and plead in the said High Court in the exercise of its Original as well as Appellate jurisdictions. The respondents are:(1) the State of West Bengal, represented by the Chief Secretary, and (2) the Chief Justice of the Court.
(2.) It appears that the petitioners generally practise in the Court in the exercise of its Original jurisdiction. In the year 1956 they were called to the English Bar by the Hon'ble Society of the Middle Temple in the Michaelmas Term. The petitioners duly notified to the Registrar, Original Side of the Court, to correct the register of advocates practising on the Original side, by adding "Barrister-at-law" after their names. Thus, the petitioners who started as advocates of the Court claim to have become entitled to the additional qualification of a "Barrister" though they had not read for a period of 12 months in the chambers of a practising Barrister in England or a practising Barrister in Calcutta, as required by the rules of the Original side of the Court. In other words, according to the rules of the Court, there were three classes of advocates practising in the Court; namely, (1) a Barrister who had read for not less than 12 months in the chambers of a practising Barrister in England or in Calcutta; (2) a Barrister who had not so read in the chambers of a Barrister; and (3) any person who had obtained a Bachelor's degree in Law of a recognised university and had obtained the qualification to practice on the Original side of the Court after passing the necessary tests. The High Court is said to maintain two lists of advocates entitled to appear and plead in the said Court on the Original side, namely, list I containing the names of persons, enrolled as advocates on the basis of their being Barristers-at-law, and list II containing the names of other advocates than Barristers-at-Law. The petitioners claim that inasmuch as they were persons duly qualified to appear and plead in the said Court in the exercise of its Original jurisdiction and were so enrolled as advocates, it was not necessary for them to further read in the chambers to become advocates of list I, of the Court, according to the classification set out above. A portion of the building of the said Court has been allotted for the use of advocates of the Court. That portion has again been sub-divided into two portions; (1) one occupied by the Bar Library Club consisting of advocates of list I aforesaid, and (2) the other in the occupation of the Bar Association which consists of advocates other than advocates of list I. The petitioners though they have been able to add the word "Barrister" to their names, have not been admitted to the Bar Library Club, which is rather of an exclusive character. The petitioners thus suffer from a disability, because it is said that litigants and/or solicitors generally prefer to engage an advocate who is a Barrister and is a member of the club. The petitioners' application for becoming members of the Club was not entertained by it, and, thus, they are being excluded from that portion of the Court building which is in the exclusive occupation of advocates of list I aforesaid. The petitioners and another advocate made representations to the Hon'ble the Chief Justice of the Court for having equal advantage and facilities of accommodation meant for the advocates of the Court, that is to say, for that portion of the building which is in the occupation of the Bar Library Club. In reply to the aforesaid representation, the petitioners were informed by the secretary to the Hon'ble the Chief Justice that free accommodation had been provided by the Court, in different parts of the Court building, to the different sections of the legal profession, namely, for Barristers, advocates other than Barristers, and attorneys who are entitled to practise in the Court as such, and not for the use of any Club,. But it was further pointed out in that communication from the Secretary to the Chief Justice that as the petitioners had not read in the chambers of a Barrister for one year, they were not entitled to the use of the rooms allotted to Barristers of that class.
(3.) The petitioners made further representations to the Hon'ble the Chief Justice but without any tangible results. It further appears that a suit had been instituted in the City Civil Court, which was pending in 1960, but was withdrawn later, with reference to the rights of accommodation similar to that claimed by the petitioners, though they were not parties to that suit. The petitioners were informed in February 1960 by the Secretary to Hon'ble the Chief Justice that the Chief Justice could not do anything in the matter in view of the pending suit. The petitioner's grievance seems to be contained in paragraphs 36 and 37 of their petition which is to the following effect: "The exclusive use of a large portion of the said space and the reference to or of the Advocates who are members of the said Club as members of the English Bar and/or reference to them as counsel and to the other Advocates as Advocates had generally given an impression that Advocates who are members of the said Club are superior class of Advocates than the Advocates who are members of the Indian Bar. Since your petitioners are not members of the said Club your petitioners are generally included in the latter category. Your petitioners state that due to the discrimination exercised and the non-availability of equal opportunities to your petitioners as hereinbefore stated your petitioners have been and are being greatly prejudiced in their profession. The provisions made in the rules for original side of the said Court and for Barristers are ultra vires of the Indian Bar Council's Act and/or amounts to discrimination.";