Allowed

Disha Prakash Gowda v. the Bar Council of India

Karnataka HC18 Dec 2024WP/31514/2024

Case brief

AI extract

What is this about?

Petitioner with a foreign law degree sought enrollment as an advocate after rejection for not completing a qualifying examination under BCI Rules. Following a coordinate bench decision that Bridge Course completion suffices subject to AIBE, the court directed enrollment, noting no interim order in the pending writ appeal.

What did the court decide?

Respondent No.2 directed to enroll the petitioner as an advocate, subject to satisfying other requirements of law.

Disha Prakash Gowda Vs the Bar Council of India — Education and Admissions | Karnataka HC (2024)

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1 - NC: 2024:KHC:52527 WP No. 31514 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18^TH DAY OF DECEMBER, 2024

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BEFORE

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THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR

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WRIT PETITION NO. 31514 OF 2024 (GM-RES)

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BETWEEN:

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DISHA PRAKASH GOWDA, D/O DR. G K PRAKASH, AGED ABOUT 27 YEARS, 105 B1, KRISHNA APARTMENTS, NO.13 ALIASKAR RAOD, BANGALORE - 560 052.

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…PETITIONER

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(BY SRI. RAHUL JAMES., FOR SRI. MANIK B T., ADVOCATE)

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AND:

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THE BAR COUNCIL OF INDIA, 21 ROUSE AVENUE, INSTITUTAIONAL AREA, NEW DELHI - 600 104.

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Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA

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KARNATAKA STATE BAR COUNCIL, REP BY MEMBER SECRETARY SECRETARY, OLD K.G.I.D BUILDING, DR. AMBEDKAR ROAD, AMBEDKAR VEEDHI, BENGALURU, KARNATAKA - 560 001.

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…RESPONDENTS

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(BY SMT. ANUBA SRIVASTAVA., FOR R1; SRI. G. NATARAJ., FOR R2)

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THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUION OF INDIA PRAYING TO ORDER OR DIRECTION TO THE BAR COUNCIL OF INDIA AND THE KARNATAKA BAR COUNCIL TO CONSIDER THE REPRESENTATIONS DATED 19/11/2024 AND 20/11/2024 ADDRESSED TO THE KARNATAKA STATE BAR COUNCIL BY THE PETITIONER WHICH ARE ANNEXED HEREIN AS

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NC: 2024:KHC:52527 WP No. 31514 of 2024

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ANN-H AND J RESPECTIVELY AND PERMIT THE PETITIONER TO BE ENROLLED AS AN ADVOCATE PROVISIONALLY ON THE ROLLS OF THE KARNATAKA STATE BAR COUNCIL.

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR

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ORAL ORDER

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The petitioner’s request to enroll him as an Advocate on the roll of respondent No. 2 has been rejected. Respondent No. 2 has not considered the application submitted by the petitioner for enrollment, stating that the petitioner has not successfully completed the qualifying examination required for Indian nationals holding a foreign law degree, as specified under Rule 37 of the Bar Council of India (BCI) Rules.

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The issue involved in this petition was examined by the Coordinate Bench of this Court in No.29996/2024, disposed of on 13.11.2024, wherein it was held that a law degree holder from a foreign university who has completed two years of a Bridge Course is not required to take any other qualifying examination, other than the All India Bar Examination (AIBE).

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Learned counsel for respondent No. 2 submits that the order passed by the Coordinate Bench of this Court is the subject matter of Writ Appeal No. 1830/2024. However, there is no interim order operating against the same. Therefore, this

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NC: 2024:KHC:52527 WP No. 31514 of 2024

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petition is required to be disposed of in terms of the order passed in the aforementioned petition.

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