Kerala High Court: While considering a public interest litigation (PIL) concerning advocates who had not qualified the All India Bar Examination (AIBE), the Division Bench of Soumen Sen*, CJ., and Syam Kumar V.M., J., directed the Bar Council of Kerala to update the list of such advocates from 2021 onwards within 8 weeks, continue reviewing defaults in qualifying the AIBE, publish the list of advocates who have qualified in the meantime, and ensure that the District Judiciary is informed through the prescribed mechanism.
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Background
During the PIL proceedings concerning advocates who had not qualified AIBE, an affidavit filed on behalf of the Bar Council of Kerala was placed before the Court disclosing the action taken pursuant to the previous order dated 19 August 2026, which was taken on record.
The appendix to the petition showed that the proceedings were accompanied by complaints submitted before the State Bar Council, RTI replies, correspondence with legal services authorities and governmental authorities, and an RTI reply enclosing the list of advocates who had not passed the AIBE from July 2010 to December 2021. The records also included court-status records relating to appearances of advocates referred to in the materials produced before the Court.
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Analysis and Decision
The Court observed that, having regard to the ramifications that may arise if similar instances occur in future, directions were required in respect of instances occurring after 2021. The Court therefore directed the Bar Council of Kerala to update the list of such advocates from 2021 onwards within 8 weeks from the date of the judgment.
The Court further directed that the Bar Council of Kerala shall continue to review whether there are any defaults in qualifying the AIBE. The Court highlighted that the directions issued would not prevent advocates who had qualified in the meantime from applying for a certificate of practice and accordingly directed that the list of such advocates shall also be published by the Bar Council of Kerala.
The Court additionally directed that, upon receiving intimation from the Bar Council of Kerala, the Registrar (District Judiciary) shall intimate the learned District Judges, who shall act accordingly.
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[Amarnath Joshi Surendiran v. Bar Council of Kerala, 2026 SCC OnLine Ker 15968, decided on 23-9-2026]
*Judgment authored by: Chief Justice Soumen Sen
Advocates who appeared in this case:
For the Petitioner: Party-in-person.
For the Respondents: Santosh Mathew, Senior Advocate i/b Shinto Mathew Abraham, P. Ramakrishnan, Rajit, Biju Meenattoor, Senior Government Pleader.
