D.N.Roy J. - (1.) The Bar Council has preferred an objection to the admission of Sri Kameshwar Nath Verma as an Advocate; and the objection has been laid before this Bench for hearing in accordance with the provisions of Section 9 (2) (d) of the Bar Council's Act.
(2.) The facts giving rise to this matter are these:--Sri Kameshwar Nath Verma after passing his LL.B.. examination from the Lucknow University in 1949 took an appointment under the U.P., Government as an Assistant Public Prosecutor from the 18th of April, 1952 and ever since then has been working as such. At no time was he enrolled as a Pleader; nor did he take any training for being enrolled either as a Pleader or as an Advocate. He contends that having worked as an Assistant Public Prosecutor for nearly six years he is entitled to be enrolled as an Advocate in accordance with the provisions of Proviso 8 to Rule 1 of the Rules framed by the Bar Council under Section 91 of the Act. We may here produce the relevant parts of Rule 1 necessary for the purpose of this case. Rule 1, "Any Barrister. ...... and any graduate in Law of any University established by law in India who is a graduate in Arts, Science or Commerce of any such University, and who in each case has further undergone a course of training for one year as provided by the Bar Council under the rules made under Section 15 of the Act, may present an application for his admission to the Roll of Advocates of the Court : Provided, seventhly, that a pleader, who is not otherwise qualified to be enrolled as an Advocate, may be so enrolled if he has practised as a pleader for a period of not less than 15 years with ability and repute and his application for enrolment is recommended by the District Judge : Provided, eighthly, that a graduate in Law of any University established by law in India may be enrolled as an Advocate on presenting a certificate that he has bona fide practised in one or more of the courts subordinate to the Allahabad High Court for a period of not less than three years."
(3.) Sri Kameshwar Nath Verma has not furnished a certificate in terms of proviso 8 aforesaid. He has furnished a certificate signed by the Deputy Inspector-General of Police, Headquarters, U.P. saying that he has been working as an Assistant Public Prosecutor in the U.P. Police since April 18, 1952 and holds the post in substantive capacity from April 18, 1953.;