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TMI Blog1968 (5) TMI 65X X X X Extracts X X X X X X X X Extracts X X X X ..... nd therefore, he got himself registered as a candidate for training in law with the Rajasthan Bar Council in 1965. Subsequently the Central Government in exercise of the powers conferred by the Advocates Act, 1961 exempted the Candidates who had obtained degree in law On the results of examination held before 31-12-1965 from undergoing a course of training as required by the Advocates Act, 1961. The petitioner, therefore, applied to the Bar Council of Rajasthan for enrolment as an Advocate. The Bar Council of Rajasthan by its letter dated 24-2-1966 which has been placed on the record and marked Ex. 7 informed the petitioner that the Bar Council of India had passed a resolution as far back as 25-2-1963 whereby a degree in law obtained after 30-6-1964 from any University in the territory of India could be recognised only if such degree had been obtained after undergoing a course of study in Law for a minimum period of 2 years after graduation and since it was doubtful whether the petitioner fulfilled these conditions, the petitioner's matter had been referred to the Bar Council of India for consideration. The Bar Council of India, however, vide its resolution No. 51 of 1966, held ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to refuse to recognise the degree of law obtained by the petitioner inasmuch as the degree in law had not been obtained by him after graduation as required by the resolution of the Bar Council of India dated 25th February, 1963. 4. For a correct appraisal of the contentions raised by the parties it would be necessary to refer to certain relevant provisions of the Advocates Act (Act No. 25 of 1961), (which will hereinafter be called the Act ). 5. Section 6 of the Act enumerates the functions of a State Bar Council, the first among which is to admit persons as Advocates on its roll . 6. Section 7 lays down the functions of the Bar Council of India the relevant among which for our purposes are Clauses (h) and (i) which are reproduced below :-- (h) to promote legal education and to lay down standards of such education in consultation with the Universities in India imparting such education and the State Bar Councils. (i) to recognise Universities whose degree in law shall be a qualification for enrolment as an Advocate and for that purpose to visit and inspect Universities; 7. Then comes the most important provisions for our purposes. Section 24 the relevant portio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ne, 1964 from any University established by law in the territory of India be recognised for the purposes of Section 24(1)(c)(iii) of the Advocates Act, 1961. 2 . Resolved that no degree in law obtained after the 30th June, 1964 from any University in the territory of India shall be recognised unless such degree has been obtained after undergoing a course of study in law for a minimum period of two years after graduation; provided however that nothing herein contained shall affect a person who has commenced a course of study in law before graduation prior to 28th February, 1963 and obtained a degree in law before the 1st October, 1966. 3. Resolved that for the purposes of Section 24(1)(c)(iii) of the Act, a degree in law obtained from any University in Pakistan shall be recognised only if such degree, has been obtained after a study in law for a minimum period of two years after graduation. 10. Learned counsel for the petitioner has strenuously contended before us that the petitioner has obtained a degree in law after the 28th of February, 1963 from the University of Rajasthan and the LL. B. Degree awarded by the University of Rajasthan has been recognised by the Bar Counc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nk it was the intention of the legislature to confer such a power on the Bar Council of India. The language of Section 24(i)(c)(iii) also does not warrant such an interpretation. But at the same time we are also not pre-pared to accept the contention advanced on behalf of the petitioner that the moment the degree of law conferred by any University in the territory of India is recognised by the Bar Council of India it has to enrol all such degree holders as Advocates and it cannot prescribe any class or category of holders of such degree who may be entitled to be enrolled as Advocates. A bare perusal of the resolution passed by the Bar Council of India in its meeting held on 25-2 1963 would show that in the first instance it recognised degree in law obtained on or before 30-6-1964 from any University established by law in the territory of India. This is the first class or category. The second class or category of persons, it has carved out, consists of those persons, who may obtain after 30-6-64 degree in law from any University in the territory of India after undergoing a course of study in law for a minimum period of two years after graduation. Thus the Bur Council of India has ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... m the petitioner has been picked out for unequal treatment. Consequently the impugned resolution does not violate Arts. 14 and 19 of the Constitution, Upon this view, it follows that the resolution passed by the Bar Council of Rajasthan dated 25-2-1963 prescribing that no degree in law obtained after the 30th of June, 1964 from any University in the territory of India shall be recognised unless such degree has been obtained after undergoing a course of study in law for a minimum period of two years after graduation cannot e challenged as unconstitutional. We are of opinion that on a correct interpretation of Section 24(1)(c)(iii) of the Act, the Bar Council of India is competent to prescribe a class or category of holders of degree in law from any University in the territory of India who would be entitled to be enrolled as Advocates. We are fortified in this view by another provision of the Act which has been inserted by Section 20 of the Act 21 of 1964 whereby under Section 49 of the Act the Bar Council of India has been given an overriding power to make rules for discharging its functions under this Act and in particular such rules may prescribe. (ag) the class or category of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t an academic or professional degree, diploma or certificate'. In the same dictionary the word 'graduation' has been defined as 'the act of receiving a diploma certificate or degree from a school, college or University: the act or ceremony of conferring academic diploma, certificates or degrees. 13. In the Random House Dictionary of the English Language the term 'graduate' is understood to mean 'a person (i) who has received a degree or diploma on completing the course of study, as in a University, college or a School; (ii) a student who holds the first of Bachelor's degree and is studying for an advanced degree', in the same dictionary the definition of the word 'graduation' has been given as below :- - (i) act of graduating; the state of being graduated; (ii) the ceremony of conferring degrees or diplomas as at a College or a School. On the basis of the meaning of the words 'graduate' and 'graduation' given in the above-mentioned dictionaries, the learned counsel for the petitioner has urged that the diploma obtained by the petitioner under Rural Services should be considered as graduation'. 14. On ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he competence of the Bar Council of India to recognise or not to recognise this diploma as equivalent to graduation. 15. We have given our anxious consideration to the arguments advanced by the learned counsel for the parties. When a word is not defined in the Act itself, it may be permissible to refer to dictionaries to find out the general sense in which that word is understood in common parlance, However, in selecting one out of the various meanings of the word regard must always be had to the context. Cozens-Hardy M. R. said in Camden (Marquis) v. Commissioners of Inland Revenue 1914 1 KB 641: It is for the Courts to interpret the Statute as best as they can. In so doing the Courts may, no doubt, assist themselves in the discharge of their duty by any literary help which they can find, including of course the consultation of standard authors and reference to well-known and authoritative dictionaries. It was urged on behalf of the petitioner that the Courts should accept the wider significance of the term 'graduation' and include within its connotation the diploma granted to the petitioner by the National Council for Rural Higher Education even though it was n ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n. In these circumstances it cannot be held that the Bar Council has acted unreasonably or erroneously in coming to the conclusion that the petitioner did not satisfy the qualifications prescribed for enrolment as an Advocate. In this connection we may refer to the observations made by their Lordships of the Supreme Court in the University of Mysore v. C. D. Govinda Rao, AIR 1965 SC 491. Their Lordships were pleased to observe as follows: Where one of the qualifications for the appointment to the post of a Renews in the University was that the applicant should possess a First or High Second Class Master's Degree of an Indian University or an equivalent qualification of a foreign University the candidate should possess a First Class Master's Degree of an Indian University or High Second Class Masters Degree of an Indian University or qualification of a foreign University which is equivalent to a First Class or a High Second Class Master's degree of an Indian University, Whether the foreign degree is equivalent to a High Second Class Master's Degree of an Indian University is a question relating purely to an academic matter and courts would naturally hesitate t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... custom, it would be against the principles of natural justice to permit the subject of a State to be punished or penalised by laws of which they had no knowledge and of which they could not even w i t h the exercise o f reasonable diligence h a v e acquired any knowledge. Natural justice requires that before a law can become operative it must be promulgated o r publ i shed. I t m u s t be broadcast i n some recognisable way so that all men may know what it is; or at the very least, there must be some special rule or r gulation o r customary channel by or through which such knowledge can be acquired with the exercise of due and reasonable diligence. .... .in the absence therefore of any law, rule, regulation or custom, we hold that a law cannot come into being in this way. Promulgation or publication of some reasonable sort is essential . We may state here that the rationale of the decision in Hada's case, AIR 1951 SC 467 has no application to the facts and circumstances of the present case. The petitioner is not sought to be punished or penalised under the Advocates Act and it was not necessary under any provision of law for the Bar Council to promulgate or publish its res ..... X X X X Extracts X X X X X X X X Extracts X X X X
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