Mitter, J. - (1.) This is an appeal from an order refusing the issue of a Rule on the application of two persons who professed to be candidates for the Mukhtear-ship examination proposed to be held in February or March, 1962, but which as a matter of fact was never held. The case of the petitioners was in substance that they had all the requisite qualifications to sit for the said examination under the rules and regulations prescribed by this Court under Section 6 of the Legal Practitioners Act, 1879, that the Committee of Legal Education constituted by the State of West Bengal under Section 21 of the Legal Practitioners Act for the purpose of conducting the Mukhtearship examination in the said State had issued a notice on August 1, 1961 calling upon intending candidates for the Mukhtearship examination to be held in February or March, 1962 to file their applications on or before November 15, 1961 in the Courts of the District Judges within whose jurisdiction the candidates resided or were employed together with Matriculation and other certificates and receipts showing payment of prescribed fee of Rs. 20/- to the Government Treasury, that the petitioners had duly submitted their applications together with the documents prescribed to the District Judge of 24-Parganas before November 15, 1961, that the Deputy Secretary to the Government of West Bengal, Law (Judicial) Department had informed one of the petitioners and some other candidates by letter D/- December 22, 1961 that the Mukhtearship examination would not be held and that fees already deposited by the intending candidates would be returned on written application. According to the petitioners, the respondents to the petition, namely, the State of West Bengal, the Committee of Legal Education and the District Judge, 24-Parganas failed to carry out their statutory duties calling for the issue of a Writ directing them to cancel or rescind several orders by which the petitioners were sought to be deprived of their right to appear at the Mukhtearship examination and qualify themselves as Mukhtears.
(2.) Before the enactment of the Advocates Act of 1961 Advocates, Vakils or Attorneys of any High Court, as well as pleaders, mukhtears or revenue agents were governed by the Legal Practitioners Act of 1879. Under Section 6 of the latter Act, the High Court of a State was empowered to make rules consistent with the Act inter alia, as to the qualifications, admission and certificates of proper persons to be mukhtears of the Subordinate Courts, the fees to be paid for the examination and admission of such persons and their suspension and dismissal. Section 7 of the Act laid down that "On the admission, under Section 6, of any person as a pleader or mukhtear, the High Court shall cause a certificate, signed by such officer as the Court, from time to time, appoints in this behalf, to be issued to such persons, authorising him to practise up to the end of the current year in the Courts, and, in the case of a pleader, also the revenue office, specified therein". "At the expiration of such period, the holder of the certificate, if he desires to continue to practise, shall, subject to any rules consistent with this Act, which may, from time to time, be made by the High Court in this behalf, be entitled to have his certificate renewed by the Judge of the District Court within the local limits of whose jurisdiction he then ordinarily practises, or by such officer as the High Court from time to time, appoints in this behalf". "On every such renewal, the certificate then in possession of such pleader or mukhtear shall be cancelled and retained by such Judge or officer". "Every certificate so renewed shall be signed by such Judge or officer, and shall continue in force up to the end of the current year".
(3.) Section 9 empowers every mukhtear holding a certificate issued under Section 7 to apply to be enrolled in any Civil or Criminal Court mentioned therein and the presiding Judge is to enrol him accordingly and thereupon he may practise as a mukhtear in any such Court. Under Section 10 no person can practise as a pleader or mukhtear in any Court not established by Royal Charter unless he holds a certificate issued under Section 7 and had been enrolled in such Court or in some Court to which it is subordinate. Under Section 16 any High Court established by Royal Charter can frame rules in regard to mukhtears about their qualifications and admission for practising on the Appellate side of such Court and other matters. Section 17 vests the Chief Controlling Revenue Authority with powers similar 1o those contained in Section 6 regarding qualifications etc., of Revenue Agents. Under Section 37 of the Act the State Government is to appoint per-'sons to be examiners for ascertainment of the qualifications mentioned in Sections 6 and 17 of the Act and can make regulation for conducting such examination.;