Dismissed

Medha B.S v. the Bar Council of India

Kerala HC10 Jan 2023WP(C)/649/2023

Case brief

AI extract

What is this about?

The petition sought a direction to accept her enrollment application physically after failing to upload a provisional degree certificate due to a university delay. The High Court refused to compel the Bar Council to deviate from its prescribed online procedural mandates, though it recorded that late fees would be refunded.

What did the court decide?

The writ petition is closed; the Bar Council will refund the late fees remitted by the petitioner. No direction to accept physical application.

Medha B.S Vs the Bar Council of India — Service and Employment | Kerala HC (2023)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR.JUSTICE V.G.ARUN

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TUESDAY, THE 10^TH DAY OF JANUARY 2023 / 20TH POUSHA, 1944

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W.P.(C) NO.649 OF 2023

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PETITIONER:

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MEDHA B.S., AGED 23 YEARS, D/O. BIJILY JOSEPH, SAMATHA, WEST OF THALAVADY SREE SUBRAMANYA TEMPLE, KALATH WARD, AVALOOKUNNU P.O., ALAPPUZHA DISTRICT, PIN-688 006.

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BY ADVS. GEORGE MATHEW ELSA DENNY PINDIS M.D.SASIKUMARAN SUNIL KUMAR A.G MATHEW K.T. GEORGE K.V. STEPHY K REGI ADARSH KURIAN

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RESPONDENTS:

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1 THE BAR COUNCIL OF INDIA, 21 ROSE AVENUE, INSTITUTIONAL AREA, NEW DELHI, PIN-110 002 REPRESENTED BY ITS SECRETARY.

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2 THE BAR COUNCIL OF KERALA, BAR COUNCIL BHAVAN, NEAR HIGH COURT CAMPUS, ERNAKULAM, KOCHI, PIN-682 031 REPRESENTED BY ITS SECRETARY.

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3 THE ENROLLMENT COMMITTEE, BAR COUNCIL OF KERALA, BAR COUNCIL BHAVAN, NEAR HIGH COURT CAMPUS, ERNAKULAM, KOCHI, PIN–682 031 REPRESENTED BY ITS CHAIRMAN

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W.P.(C) NO.649 OF 2023

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4 THE SECRETARY, BAR COUNCIL OF KERALA, BAR COUNCIL BHAVAN, NEAR HIGH COURT CAMPUS, ERNAKULAM, KOCHI, PIN-682 031.

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ADV. AMMINIKUTTY K., SENIOR GOVERNMENT PLEADER

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ADV. GRASHIOUS KURIAKOSE (SR) R2-R4 ADV.PRANOY K.KOTTARAM ADV SIVARAMAN P.L.

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C) NO.649 OF 2023

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JUDGMENT

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Dated this the 10^th day of January, 2023

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The petitioner, a qualified law graduate, is desirous of getting enrolled with the Bar Council of Kerala. As per the procedure prescribed by the Bar Council, applications for enrollment along with requisite documents, including provisional degree certificate, are to be uploaded 30 days prior to the date fixed for enrollment. A grace period of 5 more days will be granted, subject to the applicant paying late fees. Although petitioner uploaded the application and paid the fees, she could not upload her provisional degree certificate, as the certificate was issued by the University only on 21.12.2022 and the time for uploading the documents expired by the midnight of 20.12.2022. Hence, petitioner approached the Bar Council with a request to accept her application physically. As the request is not acceded to, this writ petition is filed seeking a direction in that regard.

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W.P.(C) NO.649 OF 2023

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Learned Counsel for the petitioner submitted that the University of Kerala had issued provisional certificates to certain other students on 20.12.2022, thus enabling them to submit their applications on time. It is alleged that the petitioner was denied such opportunity due to the deliberate act of the University officials. It is contended that, having understood the petitioner’s predicament, the Bar Council ought to have accepted Ext.P1 consolidated statement of marks in lieu of the provisional degree certificate.

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Learned Senior Counsel appearing for the Bar Council of Kerala submitted that the Bar Council is holding enrollment conventions on the 3^rd Sunday of every alternate month. In order to avoid controversies in connection with the enrollment process, the Bar Council is following a prescribed procedure from 2020 onwards. As per the procedure, persons desirous of getting enrolled should submit their applications 30 days prior to the date fixed for enrollment. The applications should be

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W.P.(C) NO.649 OF 2023

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accompanied with requisite documents, including the provisional degree certificate. A grace period of 5 days is granted for uploading the documents. At 12.00 p.m. on the last date, the window for uploading the application/document will close automatically. Although petitioner submitted her application, she failed to upload the provisional certificate on time. Hence, the Bar Council cannot process the application and all that can be done is to refund the late fee remitted by the petitioner. It is pointed out that other 16 applicants also could not upload their documents within time.

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It is unfortunate that the petitioner could not upload her provisional certificate before the last date. But insofar as the Bar Council of Kerala is following a prescribed procedure and no deviation is being made in any case, this Court cannot compel the Bar Council to deviate from its procedure and accept the petitioner's application physically. The petitioner’s allegation regarding discrimination by the University officials in the

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W.P.(C) NO.649 OF 2023

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distribution of the provisional degree certificates is not being delved into, the University officials not being parties to this writ petition.

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The writ petition is hence closed, recording the submission made on behalf of the Bar Council of Kerala that the late fees remitted by the petitioner will be refunded.

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Sd/- V.G. ARUN JUDGE

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bpr

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W.P.(C) NO.649 OF 2023

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APPENDIX OF WP(C) 649/2023

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PETITIONER'S EXHIBITS

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EXHIBIT P1 TRUE COPY OF PETITIONER'S CONSOLIDATED STATEMENT OF MARKS DTD.20.12.2022 ISSUED BY UNIVERSITY OF KERALA,

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EXHIBIT P2 TRUE COPY OF ORDER DTD. 08.12.2022 IN COMPLAINT NO.255 OF 2022 B OF KERALA LOK AYUKTA

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EXHIBIT P3 TRUE COPY OF PROVISIONAL CERTIFICATE DTD. 21.12.2022 ISSUED BY UNIVERSITY OF KERALA

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EXHIBIT P4 TRUE COPY OF UPCOMING ENROLMENT SCHEDULE PUBLISHED BY 2ND RESPONDENT

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EXHIBIT P5 TRUE COPY OF COMPLETED APPLICATION SUBMISSION CONFIRMATION DTD. 20.12.2022 ISSUED BY 2ND RESPONDENT

Medha B.S v. the Bar Council of India

Case brief

What is this about?

What did the court decide?

Medha B.S v. the Bar Council of India

Case brief

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