Case Law Details
Pursuing law and practicing law are two different things : Bar Council not bound to grant licence to practice law: SC
The case of the appellant in brief is that after completion of professional course i.e. Licentiate of the Court of Examiners in Homoeopathy medicines (LCEH), she took admission to LL.B. course conducted by University of Mumbai. It is submitted by the appellant that LCEH is considered as equivalent to graduation degree by the Central Council of Homoeopathy and such decision is even approved by the Government of India for equating the pay scales.
The University of Mumbai admitted the appellant to law course after satisfying itself as regards the equivalence of the professional qualification possessed by her. After completion of her LL.B. degree course, the appellant being desirous of practicing law surrendered her certificate of practicing homoeopathy, which was duly accepted by Maharashtra Council of Homoeopathy on 25.9.2001.
In October, 2001, the appellant applied to Bar Council of Maharashtra and Goa for getting herself enrolled as Advocate and on knowing that her case has been referred to Bar Council of India for clarification as regards her eligibility to get enrolled with reference to her graduation qualification, the appellant made representation to the Bar Council of India. On 23.1.2002, the Bar Council of Maharashtra and Goa informed appellant that she cannot be considered for enrolment as an Advocate as her qualification LCEH is not recongnized by Bar Council of India.
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DECISION IS ABSOLUTILY FAVOURING ADVOCATES COMMUNITY.BUT WHAT ABOUT TAX ADVOCATES.WHOES BASIC RIGHT TO PRACTICE ANY LAW INCLUDING INCOME TAX,SALES TAX,GST ARE DOMINATED ONLY BY CA’S BCI MUST TAKE STEPS TO SAFEGUARD THIER MEMBERS BASIC RIGHTS. AS ICAI HAS DONE IN HISTORY.