Kerala HC Allows A Law Grad To Enroll With State Bar Post-Deadline By Submitting Application With Provisional Degree Physically

The Court allowed the petitioner to enroll in the upcoming enrollment ceremony on finding that he had obtained his Provisional Degree Certificate. However, the Court clarified that this shall not be a precedent and directed the Bar Council to obtain verification from the police and allow the petitioner to enrol on 17th December 2023.

“In the case at hand, since the petitioner has already obtained the Provisional Degree Certificate and since the learned Standing Counsel for the University affirms that it is a genuine one, I deem it appropriate to allow the prayers of the petitioner…..The petitioner will be allowed to make a physical application for enrollment, along with all applicable fees and charges. This shall be accepted by the Bar Council of Kerala before the working hours of today (14.12.2023). On such application being received, liberty is reserved to the Bar Council of Keralato obtain verification from the Police, as may be necessary; and they will then allow the petitioner to be enrolled on 17.12.2023”, Justice Devan Ramachandran stated. 

The petitioner had approached the Court seeking permission to allow him to get enrolled with the Bar Council of Kerala during the enrollment function scheduled to be held on 17^th December 2023.

The petitioner contended that he was unable to apply for enrollment within time as his results were delayed by Kerala University. He contended that he should be given an exception to enroll in the upcoming enrollment ceremony as he had now obtained his Mark Lists and Provisional Degree Certificate from the university.

The Standing Counsel for Kerala University submitted before the Court that the certificates of the petitioner were genuine and verified.

The Standing Counsel for the Bar Council of Kerala submitted that there could be practical impediments in allowing the petitioner to participate in the enrollment and he could enroll in the next enrollment which will be held on February 18, 2023. Further, it was conceded before the Court that the Bar Council could take a physical application from the petitioner provided, he completes police verification within time.

“He added that, however, this may be clarified not to act as a precedent even in analogous circumstances in future because, more than 200 other candidates are awaiting such an opportunity, though admitting that many of them, or perhaps most of them, have not obtained their Provisional Degree Certificates.” , standing counsel for Bar Counsel of Kerala submitted before the Court.

Taking note of the fact that the petitioner obtained the Provisional Degree Certificate, the Court granted him an exception and allowed him to enroll in the enrollment ceremony scheduled on 17^th December 2023.

Counsel for the petitioner: Advocates Aswin V. Nair And P.S.Preetha

Counsel for the respondents: Standing Counsels Thomas Abraham, Pranoy K.Kottaram and Advocate Rajit

Citation: 2023 LiveLaw (Ker) 730

Case title: Akhil S Kumar v Bar Council of India

Case number: WP(C) NO. 41733 OF 2023

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