P L D 2002 Lahore 67 (PLP)

Eight petitioners have filed this writ petition against the Pakistan Bar Council and other respondents. According to them, they had qualified as Law Graduates from Al-Khair University after completing their academic career. That thereafter they applied for their enrolment as Advocates to the Punjab Bar Council, Lahore, under the provisions of Legal Practitioners Act, 1973, and also deposited the fee while fulfilling other requirements for such enrolment. The intimation regarding joining of the practical training was also sent.

2. The Pakistan Bar Council, however, passed a resolution on 24-3-2001, which is placed on the file. Item No.3(ii) of the Resolution pertains to the legal education and more specifically to graduates .of Al-Khair University. Paragraph 3 of the Resolution reads as follows:-- (i) (ii) Opening/Functioning of Campuses of Al-Khair University of AJ&K in Pakistan for imparting Legal Education. --The Council while considering the report of Joint Meeting of members of its Legal Education Committee with representatives of Provincial Bar Councils, Universities. (imparting legal education in Pakistan) and the UGC, approved its following decisions/recommendations:-- (a) The Al-Khair University under its statute i.e. "Al-Khair University Azad Jammu and Kashmir Act, 1994, cannot act extra-territorially. (b) It cannot establish its institutions or campuses within Pakistan except after obtaining permission and affiliation from the concerned competent University having the territorial jurisdiction. (c) The experience of imparting the legal education by the institutions of Al-Khair University in Pakistan was not very happy and satisfactory as the standard and quality of education was absolutely substandard. (d) That immediate remedial steps should be taken by the Pakistan Bar Council to issue clarification for information of the public general and for those who are law students of AI-Khair University in its campuses in Pakistan and/or have obtained the law degree from the said University in particular, that neither the Al-Khair University nor its law degree has been recognized by the Pakistan Bar Council for the purposes of enrolment as an Advocate. In this behalf, the Legal Education Committee can recommend to the Pakistan Bar Council that widespread publicity campaign should be undertaken so that the career of law students and money of the parents by sending their children to such institutions is not wasted."

3. After this Resolution and in its 132nd meeting, the Pakistan Bar Council on 30-6-2001, which took place at Quetta, once again took up the same question and inter alia came to the following decisions:-- "After full length deliberations the Council, sticking to its earlier Resolution passed in its 130th meeting held on 24-3-2001, on the recommendations of the Legal Education Committee, decided that any person who had obtained LL.B. Degree from the Al-Khair University prior to the aforementioned Resolution of the Pakistan Bar Council, may be given opportunity to appear in an examination, comprising of two papers i.e. C.P.C. and Cr.P.C. to be conducted by the Pakistan Bar Council. Such Law Graduates should be allowed only two chances to pass these papers. The Legal Education Committee was authorised to conduct such an examination. If any such person qualifies the examination to be conducted by the Pakistan Bar Council through its Legal Education Committee, would only be eligible to seek enrolment as an Advocate with concerned Provincial Bar Council. The modalities of the examination and other related details would be decided by the Legal Education Committee." This is reported as against Item No.5 of the Agenda of this meeting.

4. The present petitioners felt aggrieved by this latter decision of 30-6-2001 of the Pakistan Bar Council and have, therefore, challenged this through this writ petition.

5. According to them, the Pakistan Bar Council could not take such an examination as it was alien to its functions as reflected in section 13 of the Legal Practitioners and. Bar Councils Act, 1973.

6. That, such a function has been prescribed for a Provincial Bar Council under section 9 of this Act and as such the decision was illegal and be so declared.

7. The relevant provisions of section 13 of the Legal Practitioners and Bar Councils Act, 1973, are reproduced below:-- "Functions of the Pakistan Bar Council.--(1) Subject to the provisions of this Act and the Rules made thereunder, the functions of the Pakistan Bar Council shall be-- (a) to (c:) ... ... ... ... .. ... ... ... ... ... ... ... ... ... ... ... ... .. ... ... ... (d) to lay down standards of professional conduct and etiquette for advocates; (e) & (f) ... ... ... .. ... ... ... ... ... ... ... ... ... ... ... ... ... .. ... ... ... (g) to promote and suggest law reform; (h) to deal with and dispose of, and to tender advice in relation to, any matter arising under this Act which may be referred to it by a Provincial Bar Council; (i) to exercise general control and supervision over the Provincial Bar Councils (and to issue directions to them from time to time.) (j) to promote legal education and prescribe standards of such education in consultation with the Universities in Pakistan and the. Provincial Bar Councils; (k) to recognize universities whose degree in law shall be qualification for enrolment as an advocate; (1) to (m) ... ... ... ... ... .. ... ... ... ... ... ... ... :.. ... ... ... ... ... ... (n) to do all other things necessary for discharging the aforesaid functions. (2) ... ... ... ... .. ... ... ... ... ... ... ... ... ... (3) ... ... ........ ... ... ... ... ... ... ... ... ...."

8. Reference may also be made to section 26 of the Legal Practitioners and Bar Councils Act, 1973, which relates to the qualification for admission as Advocates. It reads as follows:-- "Persons qualified for admission as advocates.--(1) Subject to the provisions of this Act and the rules made thereunder, a person shall be qualified to be admitted as an advocate if he fulfils the following conditions, namely:-- (a) he is a citizen of Pakistan or a person deriving his nationality from the State of Jammu and Kashmir: Provided that subject to the other provisions of this Act a national of any other country (who has resided in Pakistan for a period of not less than one year immediately preceding the day on which he applies for admission) may be admitted as an advocate if citizens of Pakistan duly qualified are permitted to practise law in that other country; (b) he has completed the age of twenty-one years; (c) ... ... ... ... .. ... ... ... ... ... ... ... ... ... (i) ... ... ... ... .. ... ... ... ... ... ... ... ... ... (ii) ... ... ... ... .. ... ... ... ... ... ... ... ... ... (iii) a Bachelor's Degree in any subject other than Law from a University in Pakistan, or from a University outside Pakistan, recognized by the Pakistan Bar Council, and a Degree in Law from a like university; (d) he has undergone such course of training and passed such examination after the training as may be prescribed by the Pakistan Bar Council: Provided that this clause shall not apply to any class of persons who by reason of their legal training or experience, declared by the Pakistan Bar Council to be exempt from the provisions of this clause; and (e) ... ... ... ... .. ... ... ... ... ... ... ... ... ... (2) ... ... ... ... .. ... ... ... ... ... ... ... ... ... (i) ... ... ... ... .. ... ... ... ... ... ... ... ... ... (ii) ... ... ... ... .. ... ... ... ... ... ... ... ... ... (iii) ... ... ... ... .. ... ... ... ... ... ... ... ... ... (3) ... ... ... ... .. ... ... ... ... ... ... ... ... ...

9. It has been stated on behalf of the Pakistan Bar Council that according to law and provisions of section 26 ibid, it is the Pakistan Bar Council who gives recognition to a Degree in Law from wherever.

10. Another objection taken with respect to the Law Colleges of the Al Khair University was that these were functioning in the territorial limits of the Punjab University created under the Punjab University Act, 1973, without its permission as required under the provisions of section 5 of the said Act, and thus this was an illegal activity.

11. It was argued on behalf of the Pakistan Bar Council that they had received general complaints about the quality of education which was being imparted at the campuses of AI-Khair University and the Pakistan Bar Council had to exercise its powers and take action which it did through the Resolution of 26th March, 2001. It was stated that an opportunity was afforded to the Al-Khair University/Faculty of Law to appear before a Committee consisting of legal luminaries inter alia comprising of Principals of various law colleges in the country, who were of the view that the education being imparted by the Al-Khair University was inferior in quality.

12. It was said that in case the Law Graduates of the Al-Khair University considered their learning up to the standards being observed by the Pakistan Bar Council, they should have no hesitation in sitting for the examination which is only limited to two papers i.e. the Civil Procedure Code and the Criminal Procedure Code and establish their knowledge and skills. That eminent lawyers were appointed for this purpose and there should be no hesitation at the end of the petitioners in taking such an examination.

13. It is strange that the petitioners who otherwise, talk high about their academic achievement, were feeling shy in taking a test for establishing their legal knowledge and were asking this Court to stay the examination which anyhow was on account of .a concessional policy in their favour formulated by the Pakistan Bar Council.

14. The unfortunate aspect of this matter is that because of the mushroom growth of educational institutions where commercial considerations are outweighing scholastic considerations, the standard of education has gone down. There appears to be more emphasis on showing of beautiful campuses and less on scholarship. The policy of the Pakistan Bar Council appears to be in the best interest of the country and the legal profession.

15. To say that the Pakistan Bar Council could not frame a policy for taking such an examination, is incorrect. Because under the provision of section 13 of the Legal Practitioners and Bar Councils Act, 1973, the Pakistan Bar Council exercises control and supervision over the Provincial Bar Councils and it is amongst its functioning to promote legal education and prescribed standards of such education as well as to recognize' universities, whose degrees are to be considered as proper qualification for enrolment as an Advocates of all types and not merely Advocates of the Supreme Court.

16. The petitioners, therefore, are asked to take the test and come out in flying colours in case they feel that they were sufficiently equipped with the knowledge and skills which they have acquired whether from a Campus of Al-Khair University or through training in the chambers of senior lawyers, the intimation of which they had provided to the Punjab Bar Council.

17. Incidentally, it may be mentioned that the requirement for examination for enrolment as members of the Bar is nothing new. The Bar Association of the developed world like the U.S.A., holds enrolment examinations and students of even very prestigious universities have to sit for these examinations.

18. There is overall recession in cadre intellectuality and sophistry in the profession of law. Because of which the society is put to suffering. Law on important current topics is not developing as it should. In the subordinate Courts, the situation is worst. A good majority of the practitioners institute their causes without acquainting themselves with the principles on the subject and without studying the latest case-law. Their approach is that of trial and error, and this not only makes the litigants suffer, the time of the Courts is also wasted, with the result the litigation is' increasing and the burdens as well. Justice, therefore, is the victim and rule of law, the sufferer. Legal practice is a noble profession practised by learned people who are experts in their areas of work and in the procedural mechanics. Therefore, the emphasis of the Pakistan Bar Council on standards augurs well for the profession and there can be no two opinions about it.

19. This Court, therefore, feels that the petitioners have no case. The Writ Petition is dismissed, but there will be no order as to costs. Q.M.H./M.A.K./S-315/L Petition dismissed.