Sarfraz Hamid vs High Court of Jammu and Kashmir

S.K. Gupta, J.—Petitioner was admitted and enrolled as an Advocate with effect form 19.4.1999 provisionally for one year or till he

submits his original L.L.B certificate which ever is earlier. The enrolment was for a period of one year with a condition to produce original L.L.B

certificate within the stipulated period. The degree was required to be submitted by the petitioner on 18.4.2000, but this was not done in terms of

Notification No. 35 of 1999 dated 21st April, 1999. The original L.L.B degree certificate was, however, submitted on 5.9.2000 after lapse of four

months and fifteen days of the expiry of the terms of provisional enrolment as an Advocate. A show cause notice was issued to the petitioner, vide

communication dated 18.9.2000. In response to the show cause notice, the petitioner filed his reply, but the same was not found satisfactory and

he was accordingly admitted afresh as an Advocate with effect from 29.11.2000. The representation made by the petitioner to the extent that the

period of four months and 15 days be included and given effect of admission from 19.4.1999 was also rejected vide order dated 27.11.2002,

which led the petitioner to approach the court seeking a direction in the nature of the writ of certiorari for quashing the order dated 27th Nov.,

2002 impugned, passed by the respondent and conveyed to the petitioner through Assistant Registrar, vide No. 12282/L.P dated 2nd Dec. 2002

with further direction to the respondent to admit the petitioner on the Rolls of Bar Council of Jammu & Kashmir State as an Advocate with effect

from 3rd Feb. 1999, the date when he was originally enrolled as an apprentice.

The respondent in its reply submitted that provisional enrolment was only for a period of one year during which the petitioner was required to

produce original L.L.B degree certificate. The requisite certificate, however, was submitted on 5.9.2000 much after the terms of the provisional

admission had expired. A show cause notice was given to the petitioner by the respondent to which he replied and after considering the facts of the

case, petitioner was admitted as an Advocate with effect from 1.12.2000 by the Competent Authority. The representation made by the petitioner

requesting for his admission as an Advocate from 3.2.1999 was considered on its merit, and result thereof was communicated to him accordingly.

Further plea of the respondent is that even on merit, the writ petition is not sustainable and deserves to be dismissed.

Heard the learned counsel appearing for the respective parties in extenso. I have also perused the record meticulously.

It is not in dispute that the petitioner was admitted and enrolled as an Advocate provisionally for a period of one year or till he submits original

L.L.B degree certificate with effect from 19.4.1999. The requisite degree, however, was not submitted within the stipulated period as is found

from the record submitted by respondent. An application alongwith original L.L.B degree certificate was submitted by the petitioner to the

respondent on 5.9.2000. It was recited in the application that the L.L.B degree certificate could not be produced in time due to delay caused by

the University Authorities of Aligarh Muslim University and a request was made for declaring provisional admission as an Advocate absolute. The

record further reveals that a show cause notice was issued to the petitioner, vide No. 6814/LP dated 18.9.2000 by respondent to show as to why

he should not be admitted as an Advocate afresh with effect from the date of the order, as original L.L.B degree certificate submitted on 5.9.2000

is after the lapse of four months and 15 days of the expiry of the provisional admission as an Advocate. In response to the show cause notice, the

petitioner made representation in taking a stand that after the degree was received somewhere in December, 1999, it was misplaced in the court

premises. The L.L.B degree certificate was, however, found by his colleague and returned to him which came to be submitted on 5.9.2000.

It is pertinent to point out that representation made by the petitioner neither discloses the name of his colleague who found and returned the

L.L.B degree certificate nor indicates the date on which it was lost, It is further apt to note that the stand taken by the petitioner in the application

while submitting the original L.L.B degree certificate to the respondent that the same could not be produced within the period stipulated in the

Notification of provisional admission due to delay caused by the University Authorities of Aligarh Muslim University, which is contrary all together

to the stand taken in the representation. This clearly smacks of the bona fides of the petitioner in not submitting the original L.L.B degree certificate

within the period stipulated and indicated in the Notification for provisional admission as an Advocate. The reply to the show cause notice having

not been found satisfactory by the Committee of Hon'ble Judges petitioner was admitted afresh as an Advocate with effect from 29.11.2000

against which representation made too was rejected in the facts and circumstances of the case.

It is advantageous to point out that the admission of the petitioner being provisional its life was only for a period of one year and in case the

condition of submitting the original L.L.B degree certificate is not satisfied within the said period, the Notification of provisional admission

automatically expires. The term ""provisional"" has been defined in Garner Black's Law Dictionary Seventh Edition as ""temporary, conditional"". This

clearly envisages that its life is only for a period indicated in the condition specified in the provisional order. In case the condition is not satisfied

within the period prescribed in the provisional order, it becomes nonest in the eyes of law.

Taking conspectus of the facts and circumstances discussed above, I un-hesitatingly hold that the petition possesses no merit and the same is,

accordingly, dismissed. Record shall be returned to the respondent against proper receipt.