Directing Enrolment As Advocate Despite Person Securing Law Degree From College Unrecognized By BCI Is Invalid: SC
The Supreme Court has recently held that directing the enrolment of a person as an Advocate despite the fact that he has secured his law degree from a college unrecognized or unapproved by the BCI (Bar Council of India) is not valid.
The two-Judge Bench comprising Justice Vikram Nath and Justice Sanjay Kumar observed, “We, therefore, have no hesitation in holding that the Division Bench was not justified in directing the enrolment of respondent No. 1 as an Advocate, despite the fact that he secured his law degree from a college which was not recognized or approved by BCI.”
AOR Ardhendumauli Kumar Prasad appeared on behalf of the appellant i.e., BCI.
In this case, an appeal was filed by the BCI against the order passed by a Division Bench of the Orissa High Court whereby the BCI was directed to forthwith enroll the respondent as an Advocate. However, the Apex Court stayed the operation of the said order and despite service of notice, neither the respondent nor the Orissa State Bar Council chose to appear before the Court.
The respondent had secured his law degree from Vivekananda Law College, Angul, in the year 2009 but the said college was not recognized or approved by BCI. In fact, BCI via letter had directed the college not to admit students in law courses stating that students so admitted would not be eligible for enrolment as Advocates.
The Supreme Court in the above context noted, “… the rule framed by BCI requiring a candidate for enrolment as an Advocate to have completed his law course from a college recognized/ approved by BCI cannot be said to be invalid, as was held in the impugned order.”
Accordingly, the Apex Court allowed the appeal and set aside the order of the High Court.
Cause Title- Bar Council of India v. Rabi Sahu & Anr.
