2025:KER:27654 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH TUESDAY, THE 1ST DAY OF APRIL 2025 / 11TH CHAITHRA, 1947 WP(C) NO. 44000 OF 2024 PETITIONER: SAVITHA.S.KANNAN AGED 43 YEARS D/O. R.KANNAN, DEVIKRIPA, PWRA50, PARAYIL LANE, ELAMAKKARA, ERNAKULAM, PIN - 682026 BY ADVS. B.DEEPAK KARTHIK BHAVADASAN RESPONDENTS: 1 THE BAR COUNCIL OF KERALA HIGH COURT BUILDINGS, ERNAKULAM, KOCHI REPRESENTED BY ITS SECRETARY., PIN - 682031 2 GOVERNMENT LAW COLLEGE ERNAKULAM, REPRESENTED BY THE PRINCIPAL, PIN - 682011 2025:KER:27654 WP(C) No.44000 of 2024 2 *ADDL. R3 BAR COUNCIL OF INDIA REPRESENTED BY ITS SECRETARY, 21, ROSE AVENUE, INSTITUTIONAL AREA, NEW DELHI – 110002 IS IMPLEADED AS PER ORDER DATED 01.04.2025 IN IA NO.1/2024 IN WPC 44000/2024 BY ADVS. SMT. VIJAYALAKSHMI, STANDING COUNSEL SRI. V. VENUGOPAL, GOVERNMENT PLEADER SRI. RAJIT, ADDL R3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:27654 WP(C) No.44000 of 2024 3 JUDGMENT Dated this the 1st day of April, 2025 The petitioner is before this Court seeking the following reliefs: (i) To direct the 2nd respondent to release the final marklist and provisional Certificate of the petitioner to her forthwith. (ii) To direct the 1st respondent to conduct the physical verification of the qualifications of the petitioner and permit her to enrol in next enrolment date on 05.01.2025. 2. From the pleadings, it is evident that the petitioner has been convicted for an offence under Section 8 of the Prevention of Corruption Act, 1988 read with Section 120B of IPC. The petitioner has challenged the conviction in appeal and the Appellate Court has suspended the sentence. 3. The petitioner states that in the circumstances of the case, the petitioner is entitled to get 2025:KER:27654 WP(C) No.44000 of 2024 4 enrolled as a Lawyer. 4. I have heard the learned counsel for the petitioner and respective learned Standing Counsel representing the State Bar Council and the Bar Council of India. 5. Section 24A of the Advocates Act, 1961 provides a disqualification prescribed for enrollment and it is made clear that no person shall be admitted as an advocate on a State roll if he is convicted of an offence involving moral turpitude. It is for that reason that the petitioner is not permitted to enroll, contends the Standing Counsel for the State Bar Council. 6. I find that Section 26 of the Advocates Act, 1961 prescribes a procedure for disposal of application for admission as an Advocate. Section 26 of the Advocates Act reads as follows: 2025:KER:27654 WP(C) No.44000 of 2024 5 26. Disposal of applications for admission as an advocate.― (1) A State Bar Council shall refer every application for admission as an advocate to its enrolment committee, and subject to the provisions of sub-sections (2) and (3) and to any direction that may be given in writing by the State Bar Council in this behalf, such committee shall dispose of the application in the prescribed manner: Provided that the Bar Council of India may, if satisfied, either on a reference made to it in this behalf or otherwise, that any person has got his name entered on the roll of advocates by misrepresentation as to an essential fact or by fraud or undue influence, remove the name of such person from the roll of advocates after giving him an opportunity of being heard. (2) Where the enrolment committee of a State Bar Council proposes to refuse any such application, it shall refer the application for opinion to the Bar Council of India and every such reference shall be accompanied by a statement of the grounds in support of the refusal of the application. (3) The enrolment committee of a State Bar Council shall dispose of any application referred to the Bar Council of India under sub-section (2) in conformity with the opinion of the Bar Council of India. (4) Where the enrolment committee of a State Bar Council has refused any application for admission as an advocate on its roll, the State Bar Council shall, as soon as may be, send intimation to all other State Bar Councils about such refusal stating the name, address and qualifications of the person whose application was refused and the grounds for the refusal. 2025:KER:27654 WP(C) No.44000 of 2024 6 7. Therefore, it is clear that the State Bar Council is bound to refer every application for admission as an Advocate, to its Enrollment Committee. It is evident that where Enrollment Committee of a State Bar Council proposes to refuse any such application, it shall refer the application for opinion to the Bar Council of India and every such reference shall be accompanied by a statement of the grounds in support of the refusal of the application. 8. Considering the provisions contained in the Advocates Act, 1961, I am of the view that while deciding the matter, the State Bar Council shall adhere to the provisions in Section 26. The petitioner shall also be granted an opportunity of hearing in the matter. The writ petition is therefore disposed of directing the Chairman of the Enrollment Committee of the 1st respondent to grant an opportunity of hearing to the petitioner and take a 2025:KER:27654 WP(C) No.44000 of 2024 7 decision on the application of the petitioner in compliance of Section 26 thereafter. Sd/- N.NAGARESH JUDGE spk 2025:KER:27654 WP(C) No.44000 of 2024 8 APPENDIX OF WP(C) 44000/2024 PETITIONER EXHIBITS EXHIBIT P1 THE PRINTOUT OF THE SCANNED COPY OF THE FINAL MARKLIST OF THE PETITIONER EXHIBIT P2 THE PRINTOUT OF THE SCANNED COPY OF THE PROVISIONAL PASS CERTIFICATE OF THE PETITIONER EXHIBIT P3 THE TRUE COPY APPLICATION FOR ENROLMENT, BEARING NO.6017/2024/ DATED 04.12.2024 EXHIBIT P4 THE TRUE COPY OF THE APPLICATION FOR AIBE BEARING NO.AIBEX5873477 DATED 18.10.2024 RESPONDENT ANNEXURES ANNEXURE R1 TRUE COPY OF THE ORDER DATED 27.07.2021 IN CRL.M.A 1/2021 OF CRL.A 309/2018 OF THIS HONBLE COURT