ROOH-UL-AMIN KHAN, J.---By invoking the constitutional jurisdiction of this Court under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, (the Constitution), Sana Ullah Khan petitioner, seeks issuance of the following writ:- "It is therefore, humbly prayed that on acceptance of the instant writ petition, the impugned letter No,KPK.CJ-Exam-2017, dated 26.02.2018, whereby petitioner has been rejected from appointment against the post of Civil Judge-cum-Judicial Magistrate/Alaqa Qazi on the ground of lack of 02 years experience as an advocate, be declared as null and void and the respondents be directed to consider him for onward recruitment process till final recommendations.
Any other relief if deemed appropriate by this Hon'ble Court in the circumstances of the case, if not specifically asked for by the petitioner, may also be granted."
2. Petitioner averred that in consequence of an Advertisement No,5/2017 of the Khyber Pakhtunkhwa Public Service Commission (PCS) in respect of appointments against fifty-one vacant posts of Civil Judges-cum-Judicial Magistrates/Alaqa Qazi, he having the requisite qualification and experience, as prescribed in the advertisement, applied for his appointment against one of the said posts and qualified the competitive written exam conducted by the (PCS), hence, he was called for psychological assessment in which he appeared on 12.02.2018, followed by his participation in group discussion as well as individual psychological interview held on 26.02.2018, however, all of a sudden, he was served with the impugned letter rejecting him from onward recruitment process, on the ground that "Your Experience Certificate does not show clear period you served as a Practicing lawyer". The petitioner having no other alternate and efficacious remedy has approached this Court through the instant writ petition for declaring the impugned letter as null and void.
3. Respondents have filed their Para-wise comments refuting therein the stance of the petitioner on the ground that at the time of submission of application, the petitioner had not submitted the "experience certificate" which was submitted by him later on. On perusal of the same, it revealed that petitioner has been enrolled with the Khyber Pakhtunkhwa Bar Council w,e,f, 18.05.2015 and then enrolled with Kabal Sub-Divisional Bar Association on 28.09.2015, thus, reckoning the period for the purpose of experience as an advocate since 28.09.2015, the petitioner was lacking the requisite experience of two (02) years as prescribed in the advertisement, hence, was dropped from onward process of appointment.
4. Arguments of learned counsel for the parties heard and record perused.
5. The only controversial point for consideration is that whether the experience of petitioner as an advocate shall be considered from the date of his first enrollment as an advocate with the KP Bar Council or from the date on which he was registered with the Bar Association. Since, other facts stated by the petitioner about his apply, qualifying the competitive test etc, have not been denied by the respondents, therefore, our findings shall restrict only to the point at issue.
6. The qualification given in the advertisement for appointment against the post of Civil Judges- cum-Judicial Magistrate/Alaqa Qazi (BPS-18), is as follow:- Qualification: Should possess a degree in law from a recognized University entitling him/her to practice the profession of law or is a Barrister of England or Ireland or is a Member of the Faculty of Advocates of Scotland AND Have practiced the profession of law in the high Court or in the Courts subordinate thereto for a period not less than two (02) years after enrollment as an advocate. (Emphasis supplied).
Same criteria of experience has been provided by Judicial Officers (Terms and Conditions of Service) Rules, in Chapter-II (Recruitment) of the Judicial Estacode, Peshawar High Court, in rule 7, by introducing amendment vide Notification # E&A/LD/2-2/14/Vol-VII dated 26.08.2015, as under:- "In rule 7, in sub-rule (1), in clause (a) after the word "Scotland", the words and have practiced the profession of law in the High Court or in the Courts subordinate thereto, for a period not less than two (02) years after enrollment as an advocate" shall be inserted. (Emphasis supplied).
7. Words "Advocate" "Common roll" "Provincial roll" and "roll" have been defined under section 2(a)(c)(i) and (k) of the Legal Practitioners and Bar Councils Act, 1973 (Act XXXV of 1973), (the Act of 1973) as under:- "(a) "Advocate" means an advocate entered in any roll under the provisions of this Act.
(c) "Common roll" means the common roll of advocates of the High Court or as the case may be, the common roll of other advocates prepared and maintained by the Pakistan Bar Council under this Act.
(i) "Provincial roll" and "Islamabad Bar Council roll" means a roll of advocates of the High Court or, as the case may be, a roll of advocates prepared and maintained by the Provincial Bar Council, Islamabad Bar Council under this Act.
"(k) "roll" means the roll of advocates maintained by a Bar Council.
Section 21 Chapter-VI of the Act, 1973, describe classes of Advocates while section 22 of the same speaks about right of Advocates to practice. According section 25 of the Act 1973, each Provincial Bar Council shall besides the rolls of advocates, to be prepared and maintained by it under section 24, shall prepare and maintain for the Province and Islamabad Capital Territory each District in the Province two separate rolls of advocates, in which shall be entered the names of (a) persons who were as advocates entitled to practice in any Court subordinate to the High Court immediately before the commencement of this Act; and (b) all persons who are admitted as advocates under the provisions of this Act. Section 26 of the Act of 1973 provides qualification for the persons to be admitted as advocates, according to which, inter alia, a person shall be qualified to be admitted as an advocate if he is having a degree in law from a University in Pakistan or abroad recognized by the Pakistan Bar Council, and he has undergone such course of training and passed such examination after the training as may be prescribed by the Pakistan Bar Council and has paid such enrolment fee and fulfils such other conditions as may be prescribed by the Pakistan Bar Council.
Section 31 of the Act of 1973, formulate a mechanism for disposal of application for admission as an advocate. According to which all the applications for admission as an advocate received by a Bar Council shall be referred to its enrolment Committee. The enrolment Committee may either grant the application or return it to the Bar Council recording its reasons for not granting the application.
It further provides that where any application is returned to a Bar Council, the Bar Council may, after considering the reasons recorded by enrolment Committee either grant or reject the application.
8. From the above discourse it is manifest that enrollment of an advocate means, enrollment when he is granted license by the Committee within the meaning of section 31 ibid and his name is brought on the role of the Council for the first time. The words "after enrollment as an advocate" employed in the rule 7 of Judicial Estacode and in the advertisement, under the qualification and experience criteria, are of much signification, which clearly means the date of first enrollment as an advocate, therefore, period for the purpose of experience as an advocate shall be reckoned from the date of enrollment as an advocate with the Bar Council. The Bar Council and Bar Association are two different bodies out of which the former regulate the enrollment, conduct safeguard the right privileges, and interest of advocates to promote and suggest law reforms including other affairs of the advocates, most particularly, enumerated in section 13 of the Act ibid, while the latter deal with providing facilities to the members of an Association recognized by the bar council under sections 55 and 56 of the Legal and Practitioners and Bar Council Act, 1973. The Bar council is a statutory body whereas the bar association is an organization of professional practicing lawyers recognized by the bar council under the above referred to provisions of the Legal Practitioners and Bar Council Act, 1973. The Bar council enrolled advocates from Tehsil to the august Supreme Court level whereas the Bar Association register the members to the extent of respective Associations only to preserve, promote and safeguard the interest of the members of Bar Association. We are conscious of the fact that Rule 7 of Judicial Officer (Terms and Conditions of Service) Rules being amended in compliance of the judgment of the Hon'ble Supreme Court of Pakistan rendered in Civil Petition No, 1033 of 2013, manifestly provide that the experience of two years shall be reckoned from the date of enrolment as an advocate, which confessedly is the job of the Bar council to enroll an advocate and not by the Bar Association. In case in hand, the petitioner has been enrolled as an advocate with the Khyber Pakhtunkhwa Bar Council on 18.05.2015 vide registration No,Bc-14- 4797 and thereafter registered with Sub-Division Kabal Bar Association on 28.09.2015 vide registration No,72, therefore, his experience as an advocate shall reckoned and be considered from the date of enrollment as an advocate with the Bar Council and not from the date of his registration with the Bar Association. The respondents have been misled while taking into consider the period of experience of the petitioner as an advocate from 28.09.2015 i,e, the date of registration of the petitioner with the Bar Association. The date of enrolment of the petitioner with Bar Council, for the purpose of experience as an advocate is 18.05.2015. Thus, taking the period of experience of the petitioner as an advocate since 18.05.2015, he has the requisite experience of two years as an advocate, therefore, is entitled to be considered for onward process of recruitment against the post of Civil Judge cum Judicial Magistrate.
9. Accordingly, this writ petition is allowed. The impugned letter dated 26.02.2018, is hereby declared as null and void. Respondent No,1 is directed to consider the petitioner for onward recruitment