Kerala High Court
N.Prakash vs Bar Council Of India on 17 January, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
Tuesday, the 17th day of January 2023 / 27th Pousha, 1944
WA NO. 2007 OF 2022
AGAINST JUDGMENT DATED 16.12.2022 IN WP(C) 39387/2022 OF THIS COURT
APPELLANT/PETITIONER:
N.PRAKASH,S/O LATE A.NARAYANA RAO, RESIDING AT PRAJITH VIHAR, AYINI
ROAD, MARADU P.O., ERNAKULAM-682 304., 5 (9), B.A. LL.B, SREE
NARAYANA LAW COLLEGE, POOTHOTTA, ERNAKULAM - 682307.
BY ADV.SRI. I.DINESH MENON
RESPONDENTS/RESPONDENTS:
1. BAR COUNCIL OF INDIA, 21, ROUSE AVENUE INSTITUTIONAL AREA, NEAR BAL
BHAWAN, NEW DELHI-110 002. RESPRSENTED BY ITS SECRETARY.
2. MAHATMA GANDHI UNIVERSITY, REPRESENTED BY ITS REGISTRAR, UNIVERSITY
BUILDINGS, PRIYADARSINI HILLS P.O., UNIVERSITY CAMPUS ROAD,
ATHIRAMPUZHA, KOTTAYAM - 686560.
3. THE VICE CHANCELLOR, MAHATMA GANDHI UNIVERSITY, UNIVERSITY
BUILDINGS, PRIYADARSINI HILLS P.O., UNIVERYSITY CAMPUS ROAD,
ATHIRAMPUZHA, KOTTAYAM - 686560.
4. SREE NARAYANA LAW COLLEGE, POOTHOTTA, ERNAKULAM-682307. REPRESENTED
BY ITS PRINCIPAL.
5. STATE OF KERALA, REPRESENTED BY ITS PRINCIPAL SECRETARY TO HIGHER
EDUCATION DEPARTMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM -
695001.
6. THE BAR COUNCIL OF KERALA ,REPRESENTED BY ITS SECRETARY, BAR COUNCIL
BHAVAN, HIGH COURT CAMPUS, ERNAKULAM - 682031.
BY STANDING COUNSEL ADV.RAJIT FOR R1
STANDING COUNSEL SRI.SURIN GEORGE IPE FOR R2 & 3
ADV.SRI.P.V.ELIAS FOR R4
Prayer for interim relief in the Writ Appeal stating that in the
circumstances stated in the appeal memorandum, the High Court be pleased
to grant an interim stay of conduct of internal examination for the
subject of Professional Ethics and University examinations for the other
subjects of the 8th semester 5 year B.A.L.L.B till the 4th respondent
college attains required number of class hours as mandated by the Bar
Council of India (90 hours per subject), pending disposal of the above
Writ Appeal.
This Writ Appeal coming on for orders on 17/01/2023 upon perusing
the appeal memorandum, the court on the same day passed the following:
P.T.O.
EXT.P1:TRUE COPY OF THE RELEVANT PORTION OF THE
BAR COUNCIL OF INDIA RULES OF LEGAL EDUCATION PART IV.
EXT.P2 : THE TRUE COPY OF THE ATTENDENCE SHEET FOR
THE SUBJECT POLITICAL SCIENCE PUBLISHED BY THE CONCERNED TEACHER
IN THE WHATSAPP GROUP ON 9.11.2022
EXT P3 : TRUE COPY OF THE ATTENDENCE SHEET FOR THE SUBJECT
INSURANCE LAW PUBLISHED BY THE CONCERNED TEACHER IN THE WHATSAPP
GROUP ON 8.11.2022
EXT.P4:TRUE COPY OF THE SYLLABUS FOR THE SUBJECT
PROFESSIONAL ETHICS AND PROFESSIONAL ACCOUNTING
SYSTEM OF THE 8TH SEMESTER.
EXT.P5:TRUE COPY OF THE JUDGMENT REPORTED IN
SATHEESH KUMAR N. AND ORS. VS. MAHATMA GANDHI
UNIVERSITY AND ORS. (A.I.R.2016 KER.93).
EXT.P6 : TRUE COPY OF THE JUDGMENT REPORTED IN
MOHANAN M.E AND OTHERS VS UNIVERSITY OF CALICUT AND OTHERS
(2017(1) KHC 658)
EXT.P7:TRUE COPY OF THE REPRESENTATION SUBMITTED
BY THE PETITIONER TO RESPONDENTS 1 TO 4 ON
1.12.2022 THROUGH REGISTERED POST (WITHOUT
THE EXHIBITS MENTIONED THEREIN AS THE
EXHIBITS P1 AND P2 THEREIN HAD ALREADY BEEN PRODUCED
AS EXHIBITS P2 AND P3 IN THIS WRIT PETITION).
---
S. Manikumar, C.J.
&
Shaji P. Chaly, J.
=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=
W.A.No.2007 of 2022
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Dated this the 17th day of January, 2023
ORDER
S. Manikumar, C.J.
Before the writ court, the petitioner in W.P.(C)No.39387 of
2022 has sought for the following reliefs:
"i. Issue a writ of mandamus or any other appropriate writs,
directions or orders commanding the 4th respondent not
to conduct the internal examination on Professional Ethics
scheduled on 12.12.2022 without complying with the
stipulation in Exhibit P4 syllabus to have the classes in
association with practising lawyers and also without
attaining 90 hours per subject as stipulated in Exhibit P1.
ii. Issue a writ of mandamus or any other appropriate writs,
directions or orders commanding the respondents 2 and 3
not to conduct any University Examinations of the 8th
semester B.A.LL.B course unless and until the 4 th
respondent college attains minimum working hours as
prescribed by the Bar Council of India and as laid down by
this Hon'ble Court in Exhibits P5 and P6 judgments.
iii. Issue a writ of mandamus or any other appropriate writs,
directions or orders commanding the respondents 1 to 4
W.A.No.2007 of 2022
to consider Exhibit P7 representation and pass emergent
orders before 12.12.2022."
2. After considering the rival submissions, writ court, vide
judgment dated 16.12.2022, ordered thus:
"3. Taking note of the afore and without acceding to
any other request made in this writ petition, I dispose of
this writ petition, leaving liberty to the petitioner to move
the Principal with an appropriate representation, seeking
postponement of any examination; which will, however, be
considered by the said Authority, after taking into account
the interests of the other students and after hearing all
persons who are interested.
I also make it clear that this Court has not given any
directions to the Principal to act in a particular manner,
including to postpone or otherwise, and that it will be up to
him to take an apposite decision. "
Being aggrieved, instant writ appeal is filed.
3. Mahatma Gandhi University, represented by its
Registrar, Kottayam, respondent No.2, has filed a statement
dated 16.01.2023, relevant portion of which reads thus:
"2. The University has already considered the
petitioner's request specified as Exhibit P7 and issued
W.A.No.2007 of 2022
instructions vide Letter No.185354/EA-2-2 to the Principal,
Sree Narayana Law College, Poothotta to postpone the said
examinations and sought detailed explanation regarding the
matter.
3. This Hon'ble Court in its judgment dated 16-12-2022
has issued specific instructions to the petitioner to move the
Principal with an appropriate representation seeking
postponement of examination, which will however be
considered by the said authority, after taking into account of
the interests of the other students and after hearing all
persons who are interested. It is also made clear that it is up
to Principal to take an appropriate decision in the matter.
4. The University has already issued strict instructions
to the 4th respondent, the Principal of Sree Narayana Law
College, Poothotta to postpone the said examinations and
sought detailed explanation regarding the matter. Since the
examination on the paper Professional Ethics and
Professional Accounting System of Eighth Semester BA LLB
Course is exclusively conducted by the College as an Internal
Examination, it is the obligation of the Principal to ensure
the compliance of Course Regulations related with the
completion of mandatory classes and other stipulations.
5. The theory examinations of the Eighth semester of
BA LLB Course for 2018 Admission candidates will be
conducted only after obtaining the detailed explanation and
clarification regarding the proper conduct of classes as
stipulated in the University Regulations, from the Principal,
W.A.No.2007 of 2022
Sree Narayana Law College, Poothotta. The University is duty
bound to ensure that the Regulations of the Course are
strictly complied with by the affiliated colleges. The above
facts are placed before this Hon'ble Court for the just and
proper disposal of the above case."
4. Mr. I. Dinesh Menon, learned counsel for the appellant,
submitted that the examination is postponed to 23.02.2023.
However, on the above averments, he seeks time to get
instructions.
Post on 18.01.2023.
Sd/-
S. Manikumar
Chief Justice
Sd/-
Shaji P. Chaly
Judge
vpv
17-01-2023 /True Copy/ Assistant Registrar
