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IN THE SUPREME COURT OF INDIA

CIVIL ORIGINAL JURISDICTION
TRANSFERRED CASE (CIVIL) NO.47
H.D. SAILOR

OF 2014

... PETITIONER(S)
VERSUS

BAR COUNCIL OF GUJARAT

...RESPONDENT(S)

O R D E R
1.

This is a transferred case wherein we had transferred the

Special Civil Application No.6787 of 2007 pending before the High

Court of Gujarat at Ahmedabad.

2.

In the Special Civil Application filed before the High

Court

of

Gujarat

at

Ahmedabad

under

Article

226

of

the

Constitution of India, the petitioner had sought a Writ to quash

and set aside Rule 5(2)(g)(i) of the Enrolment Rules of the Bar
Council

of

Enrolment

Gujarat.
Rules

of

The

said

Rule

which

the

Bar

Council

of

was

inserted

Gujarat,

vide

in

the

their

Resolution dated 17.12.2006, is questioned on the ground that the

same is unconstitutional and contrary to Article 19(1)(g) of the
Constitution of India.

Signature Not Verified

3.

Digitally signed by
Ramana Venkata Ganti
Date: 2014.11.15
11:33:08 IST
Reason:

A similar rule was inserted by the Bar Council of Madras

in their Enrolment Rules. The same had been questioned by some of

the

persons,

who

were

interested

in

enrolling

themselves

as

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members of the Bar, though they had crossed the requisite age
limit of 45 years. The High Court of Madras, after a detailed
consideration of the issue that was presented before them, had
quashed the aforesaid Rules. The said order of the Madras High
Court is confirmed by us. Since the Rule that is questioned in the
present application filed before the Gujarat High Court is in pari
materia with the Rule that came up for consideration before the
Madras High Court, we are of the considered opinion that for the
reasons

mentioned

therein,

the

transferred

case

ought

to

be

allowed and the said Rule has to be quashed.

Ordered accordingly.

................CJI.
(H.L. DATTU)

..................J.
(MADAN B. LOKUR)

..................J.
(A.K. SIKRI)

NEW DELHI;
NOVEMBER 11, 2014.

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ITEM NO.13

COURT NO.1
S U P R E M E C O U R T O F
RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (C)

SECTION XII
I N D I A
No(s).

9211/2007

(Arising out of impugned final judgment and order dated 16/11/2006

in WP No. 30712/2006 passed by the High Court Of Madras)
SECRETARY,BAR COUNCIL OF T.NADU.

Petitioner(s)
VERSUS

M.RADHAKRISHNAN & ANR.

Respondent(s)

WITH SLP(C) No. 2327-2330/2008

(With appln.(s) for permission to bring additional facts and
documents on record and appln.(s) for permission to appear and
argue in person and Interim Relief and Office Report)
SLP(C) No. 16387-16388/2009
(With Interim Relief and Office Report)
T.C.(C) No. 47/2014
(With Office Report)
Date : 11/11/2014 These petitions/case were called on for hearing
today.
CORAM :
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE MADAN B. LOKUR
HON'BLE MR. JUSTICE A.K. SIKRI
For Petitioner(s)

Mr. Satya Mitra Garg,Adv.(NP)

Mr.Gagan Gupta, Adv.
Mr. Pankaj Gupta,Adv.
Mr.Sushil Kr.Jain, Sr.Adv.
Ms.Christi Jain, Adv.
Ms.Khushbu Jain, Adv.
Mr.Abhinav Gupta, Adv.
For Ms. Pratibha Jain,Adv.
Mr.Dushyant Dave, Sr.Adv.
Ms.Jayashree Wad, Adv.
Mr.Ashish Wad, Adv.
Mr.Anshuman Shrivastava, Adv.
For M/s. J. S. Wad & Co.,Advs.

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For Respondent(s)

Mr.Guru Krishna Kumar, Sr.Adv.

Mr.S.A.Haseeb, Adv.
Mr.T.A.Khan, Adv.
Mr.B.V.Balram Das, Adv.
Mr. Ardhendumauli Kumar Prasad,Adv.
Mr.Aviral Shukla, Adv.
Ms.Pankhuri Bhardwaj, Adv.
Mr.Virender Sachdeva, Adv.
Mr. Sanjeev Sachdeva,Adv.
Mr.Shiv Mangal Sharma, AAG
Ms.Anjali Chauhan, Adv.
For Mr. Milind Kumar,Adv.
Mr. Haresh Raichura,Adv.
Kalp Raichura, Adv.
Mr.Rajat Vats, Adv.
Respondent in person (NP)

UPON hearing the counsel the Court made the following

O R D E R
SLP(C)No.9211/2007:
We have carefully gone through the judgment and order
passed by the High Court of Madras in Writ Petition No.30712 of
2006, dated 16.11.2006. We fully agree with the reasoning and
conclusion arrived upon therein and, therefore, we confirm the
order passed by the High Court and reject the Special Leave
Petition.
SLP(C)Nos.2327-2330/2008:
We have carefully gone through the judgment and order
passed by the High Court of Punjab and Haryana at Chandigarh in
C.W.P.No.10864 of 2007, C.W.P.NO.20377 of 2006, C.W.P.No. 4929 of
2006 and C.W.P.No.12602 of 2007, dated 21.09.2007. We fully agree
with the reasoning and the conclusion reached therein and,
therefore, we confirm the order passed by the High Court and
reject the Special Leave Petitions.

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SLP(C)Nos.16387-16388/2009:
We have carefully gone through the judgment and order
passed by the High Court of Judicature for Rajasthan in C.B. Civil
Writ Petition No. 7426 of 2007 and in D.B. Civil Writ Petition No.
8857 of 2007, dated 19.8.2008. We fully agree with the reasoning
and the conclusion reached therein and, therefore, we confirm the
order passed by the High Court and reject the Special Leave
Petitions.
T.C.(C)No.47/2014:
The Transferred Case is allowed, in terms of the signed
order.
(G.V.Ramana)
(Vinod Kulvi)
Court Master
Asstt.Registrar
(Signed order is placed on the file)