LexARCHANA GIRISH SABNIS versus BAR COUNCIL OF INDIA AND OTHERS
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A [2014] 14 S.C.R. 7Q4 ARCHANA GIRISH SABNIS v. BAR COUNCIL OF INDIAAND OTHERS (Civil Appeal No.4232 of 2007) B NOVEMBER 26, 2014 [M. Y. EQBALAND ABHAY MANOHAR SAPRE, JJ.] Advocates - Enrolment as advocate - denial of- On the ground that the candidate was not eligible for enrolment C as her qualification in Homeopathy medicines i.e. Licentiate of the Court of Examiners (LCEH) was not recognized by Bar Council of India - Propriety of - Held: From s. 13 and Schedule of the Homeopathy Central Council Act and regulation 4 of Homeopathic Regulations, 1989, it is evident 0 that LCEH is not a bachelor degree- The candidate has not been able to show that LCEH is a degree or equivalent to degree verified by UGC with previous approval of Central Government - Bar Council of India is empowered to make rules ulss. 7 and 49 of Advocates Act and has independent E power to recognize any equivalent qualification to a graduate degree for the purpose of admission in course of graduate degree in law - Enrolment was rightly denied to her - Advocates Act, 1961 - ss. 7 and 49 :-- Bar Council of India Rules - University Grants Commission Act, 1956 - s. 22(3) - Homeopathy Central Council Act, 1973- s. 13 and Second F Schedule - Homeopathic (Postgraduate Degree Course) Regulations, 1989 - Regn. 4. Words and Phrases - 'Degree' - Meaning of, in the context of s. 22(3) of University Grants Commission Act, G 1956, Dismissing the appeal, the Court HELD: 1. A perusal of the provisions of Section 13 alongwith Second Schedule to Homeopathy Central Council Act, 1973, would show that me.dical H qualifications granted by any University, Board or other 704 AR CHANA GIRISH SABNIS v. BAR COUNCIL OF INDIA 705 AND OTHERS institution which are included in the Schedule, shall be A recognized as medical qualifications for the purpose of the Act and not for any other purposes. The Second Schedule mentioned various degree courses and diploma courses and other qualifications which are granted by various homoeopathy medical colleges and B institutions. From perusal of the Schedule, it is evident that various States' homoeopathy colleges recognized degree course and diploma courses. From the Second Schedule it is evident that LCEH is not a bachelor degree but it is a qualification to practice in homeopathy C medicine. [Para 21][720-D-G] 2. Perusal of Regulation 4 of Homeopathic (Postgraduate Degree Course) Regulations, 1989, makes it clear that for the purpose of admission to the M.D.(Hom.), the candidate must possess a degree in D Bachelor of Homoeopathic Medicine and Surgery (BHMS) or equivalent qualification in Homoeopathy included in the Second Schedule to the Act, after completing a course of study of not less than 5 years and 6 months duration including one year compulsory E internship. Admittedly, the appellant does not possess any degree in BHMS or equivalent qualification in as much as the LCEH qualification which the appellant possesses, is less than a 5 years' course without any compulsory internship. [Paras 23 and 24][721-D-G] F 3. Sub-section 3 of Section 22 of University Grants Commission Act, 1956 defines the word 'degree' which means any such degree which is specified by the University Grants Commission in the official gazette with the approval of the Central Government. The appellant G has not produced any such notification to show that the qualification of LCEH is a ·degree or equivalent to a degree duly notified by the Commission with H 706 SUPREME COURT REPORTS [2014] 14 S.C.R. A the previous approval of the Central Government. [Para 26][722-C-E] 4. The Bar Council of India Rules provide that for the purpose of joining the course in law for a degree, candidate must be a graduate of any University or must B possess such academic qualifications which are considered equivalent to a graduate degree of a University, recognized· by the. Bar Council of India. Section 7 and Section 49 of Advocates Act, 1961 specifically empower the Bar Council of India to make C rules prescribin(I a minimum qualification required for admission for the course of degree in law from any recognized University. The Bar Council has the independent power to recognize any equivalent qualification to a graduate degree for the purpose of D admission in the course of graduate degree in law. [Paras 27 and 28][722-E-H] 5. The Bar Council of India is not bound to grant a license as clai
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