JAWAHAR LAL GUPTA, J. - (1.) Is the action of the Bar Council in refusing to enrol the petitioners in these two cases as Advocates on the ground that they have not "obtained a Degree in Law after undergoing a Three Years' Course of study......." arbitrary and illegal? This is the short question that arises for consideration. Learned counsel for the petitioners has referred to the facts in CWP No. 12894 of 2000. These may be briefly noticed.
(2.) The petitioner had joined service in the office of the Deputy Commissioner, Ferozepur in the year 1962. He had finally retired on attaining the age of superannuation on October, 31, 1997. In the year 1971, while the petitioner was still in service, he had passed the B.A. examination. In the year 1995, he joined the Three Years' LL.B. (Professional) course "as a regular student in (the) Faculty of Law, Shia Degree College, Lucknow". This college is affiliated to the University of Lucknow. The petitioner alleges that in August 1996, he was granted permission "for taking LL.B. examination ........ subject to the condition that no leave for preparation of exam will be granted...........so that the office work may not suffer". A copy of this letter has been produced as Annexure P. 1 with the writ petition. On retirement, the petitioner was given a certificate that his work and conduct were satisfactory. He completed the course in the year 1998. A provisional certificate dated November 29, 1999 certifying that the petitioner had passed the examination for the Degree of Bachelor of Law and was placed in the second division, was issued by the University. A copy of this certificate has been produced as Annexure P. 3. The College Principal has also certified that the petitioner had passed the examination "as a regular student from this institution in IInd division. His attendanced was as per norms prescribed by the Lucknow University". A copy of this certificate has been produced as Anexure P. 4 with the writ petition. Thereafter, the petitioner had submitted the forms along with the requisite fee for enrolment as a trainee on February 5, 1999. Two diaries bearing No. 4094 were issued. The Training Rules having been struck down by the Supreme Court in the case of V. Sudeer v. Bar Council of India, AIR 1999 SC 1167, the petitioner approached the Bar Council for enrolment as an Advocate. He submitted his application. Vide letter dated May 21, 1999, a copy of which has been produced as Annexure P. 6 with the writ petition, the petitioner was asked for the following information along with the supporting documents :- (i) "Place of posting during law course 1995-1998.(ii) Distance (one side) from place of posting to place of Law College.(iii) Proof of leave or study leave from your Department duly obtained for the purpose of attending the regular classes from the date of admission till the date of retirement. The details should be yearwise and monthwise.(iv) Copy of permission order to join LL.B. classes at Lucknow".
(3.) The petitioner submitted the reply on July 14, 1999. A copy is at Annexure P. 2. THe petitioner stated that he was working as a Reader in the Court of Sub-Divisional Magistrate, Zira in District Ferozepur from 1995 to 1996. He was transferred to the office of the Deputy Commissioner, Ferozepur in February 1996 and had remained there till his retirement on October 31, 1997. The distance from his place of posting to Lucknow was 720 kms. He had obtained 143 days' earned leave during the period from May 15, 1995 to July 21, 1997. He had also affixed/suffixed 24 days' leave. Besides this, he also claimed to have availed of casual leave. As for the proof of leave having been obtained "for the purpose of attending the regular classes" and copy of the order granting permission to join LL.B. classes at Lucknow, the petitioner stated that he "had already submitted the same in ......... office". While the Bar Council of Punjab was considering the matter, the petitioner represented to the Bar Council of India. He stated that his application had been pending with the Bar Council of Punjab. A number of persons "who did Law during their service period had been enrolled as Advocates". Thus, the Bar Council of Punjab and Haryana should be directed to enrol him as an Advocate.;