- (1.)This is a transferred case wherein we had transferred the Special Civil Application No. 6787 of 2007 pending before the High Court of Gujarat at Ahmedabad. In the Special Civil Application filed before the High Court of Gujarat at Ahmedabad Under Article 226 of the Constitution of India, the Petitioner had sought a Writ to quash and set aside Rule 5(2)(g)(i) of the Enrolment Rules of the Bar Council of Gujarat. The said Rule which was inserted in the Enrolment Rules of the Bar Council of Gujarat, vide their Resolution dated 17.12.2006, is questioned on the ground that the same is unconstitutional and contrary to Article 19(1)(g) of the Constitution of India.
(2.)A similar rule was inserted by the Bar Council of Madras in their Enrolment Rules. The same had been questioned by some of the persons, who were interested in enrolling themselves as members of the Bar, though they had crossed the requisite age limit of 45 years. The High Court of Madras, after a detailed consideration of the issue that was presented before them, had quashed the aforesaid Rules. The said order of the Madras High Court is confirmed by us. Since the Rule that is questioned in the present application filed before the Gujarat High Court is in pari materia with the Rule that came up for consideration before the Madras High Court, we are of the considered opinion that for the reasons mentioned therein, the transferred case ought to be allowed and the said Rule has to be quashed.
Ordered accordingly.