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2026 DAILYLAW 23104 (KAR)

SHRI. SYED BUDHEN v. KARNATAKA STATE BAR COUNCIL

WP/10845/2026 · 2026-06-19

Suraj Govindaraj

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:30386 WP No. 10845 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 10845 OF 2026 (GM-RES) BETWEEN: 1. SHRI. SYED BUDHEN S/O SYED ALI SAB AGED 61 YEARS R/AT GOWDARAHALLI BHADRA COLONY POST VTC GOWDARAHALLI BHADRAVATI TALUK SHIVAMOGGA DISTRICT - 577301 …PETITIONER (BY SRI: SHARATH P. HANAMARADDI, ADVOCATE) AND: 1. KARNATAKA STATE BAR COUNCIL REPRESENTED BY ITS CHAIRMAN OLD K.G.I.D BULDING DR. AMBEDKAR VEEDHI BENGALURU 560001 2. BAR COUNCIL OF INDIA REPRESENTED BY ITS CHAIRMAN 21, ROUSE AVENUE INSTITUTIONAL AREA NEW DELHI-110002 …RESPONDENTS (BY SRI: G NAGARAJ, ADV FOR R1; SMT:ANUBHA SRIVASTAVA, ADV FOR R2) Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:30386 WP No. 10845 of 2026 THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 05.10.2025 PASSED BY ENROLLMENT COMMITTEE OF RESPONDENT NO.1 HEREIN REJECTING THE ENROLLMENT OF PETITIONER AS ADVOCATE AS PER ANNEXURE-A AND; CONSEQUENTLY, DIRECT THE RESPONDENT NO.1 HEREIN TO CONSIDER THE APPLICATION DATED 17.07.2025 AS PER ANNEXURE-B SUBMITTED BY PETITIONER FOR HIS ENROLLMENT AND ENROLL THE PETITIONER ON THE ROLLS OF RESPONDENT NO.1 AS AN ADVOCATE. THEREBY PERMITTING THE PETITIONER TO PRACTICE THE PROFESSION OF LAW, IN ACCORDANCE WITH LAW; PASS SUCH OTHER OR FURTHER ORDERS AS THIS HON'BLE COURT MAY DEEM FIT IN THE INTEREST OF JUSTICE AND EQUITY AND ETC., THIS WP, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. Petitioner is before this Court seeking for the following reliefs: "i) Issue a writ of Certiorari quashing the impugned order dated 05.10.2025 passed by enrolment committee of Respondent No.1 herein rejecting the enrolment of petitioner as advocate as per Annexure-A and ii) Consequently, direct the respondent No.1 herein to consider the Application dated 17.07.2025 as per Annexure-B submitted by petitioner for his enrolment and enrol the petitioner on the rolls of respondent No.1 as an Advocate. Thereby permitting the petitioner to practice the Profession of Law, in accordance with law. - 3 - HC-KAR NC: 2026:KHC:30386 WP No. 10845 of 2026 iii) Pass such other or further orders as this Hon'ble Court may deem fit in the interest of justice and equity." 2. The grievance of the petitioner is that the application submitted by the petitioner for enrolment has been rejected on the ground that the said application is not maintainable, since he has failed to establish that during the entire course of his LLB study, he had attended the classes since he was in full time employment in the judicial department. However, there is a noting made that the permission granted to attend the morning classes does not mean that he has attended all the classes. 3. This aspect has been considered by a Co-ordinate Bench of this Court in its order dated 04.02.2026 in Writ Petition No.28563 of 2025 and the Co-ordinate Bench has come to a categorical conclusion that the State Bar Council cannot deny the enrolment of a person who has received a law degree by the concerned university. The Co- ordinate Bench has categorically held that at the time of registration, no enquiry can be made in regard to the validity or otherwise of the degree certificate. If at all, - 4 - HC-KAR NC: 2026:KHC:30386 WP No. 10845 of 2026 after enrolment, necessary action could be initiated under Sub Section (1) of Section 26 of the Advocates Act, 1961. 4. In that view of the matter, I am of the considered opinion that the present matter is clearly covered by a said decision. 5. As such, I pass the following: ORDER i) Writ Petition is allowed. ii) A Certiorari is issued. The order dated 05.10.2025 passed by enrolment committee of Respondent No.1 at Annexure-A is hereby quashed. iii) A mandamus is issued. Respondent No.1 is directed to consider the application dated 17.07.2025 submitted by the petitioner at Annexure - B in terms of the order dated 04.02.2026 in Writ Petition No. 28563 of 2025. iv) Liberty is reserved to the respondents to act under the proviso to sub-section (1) of Section 26 of the - 5 - HC-KAR NC: 2026:KHC:30386 WP No. 10845 of 2026 Advocates Act, 1961, within a period of 10 days from date of receipt of copy of the order. Sd/- (SURAJ GOVINDARAJ) JUDGE BGN List No.: 1 Sl No.: 59