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Gujarat HC asks State Bar Council to issue provisional certificates to law graduates from government colleges or non-BCI approved colleges

Posted on by L. Dreeye
Gujarat HC asks State Bar Council to issue provisional certificates to law graduates from government colleges or non-BCI approved colleges

The Gujarat High Court, in an interim order, has asked the Gujarat Bar Council to accept the admission forms of “all similarly situated law graduates” from government law schools and state law schools receiving grants that are not approved by the Gujarat Bar Council. of India and also issue a provisional certificate of practice to enable students to appear in the All India Bar Examination (AIBE) 2024.

The exam is scheduled for November this year. The High Court was hearing applications filed by several law graduates from various educational institutions after their registration forms were not processed by the Gujarat Bar Council, resulting in non-issuance of provisional practice certificate.

Single panel of judges Justice Aniruddha P. Mayi In its interim order dated October 21, it said the order will apply to similarly situated law graduates who have completed their LLB course from institutions that have not been approved by the Bar Council of India as it would be unfair to not allow them to take the examination.

“It is brought to the notice of the court that there are other similarly situated graduates in the State of Gujarat whose forms have not been processed and who have completed their LLB degree. CLE degree not approved by the Bar Council of India due to non-compliance with payment of regularization fees and being a government or grant granting institution in the State of Gujarat. It would be unfair to such law graduates who did not or were unable to approach this Court by filing writ petitions for such benefits and who would be deprived of the opportunity to appear at AIBE 2024. Therefore, this Court directs that the present interim order shall also apply to all similarly situated graduates who have completed their LLB degree in Government or Grant CLE in the State of Gujarat not approved by the Bar Council of India due to non-compliance. payment of regularization fees. They are entitled to submit their registration forms to the Gujarat Bar Council and the Gujarat Bar Council shall accept the forms for admission of such law graduates and process the same for issuance of provisional certificate of practice pending the outcome of these petitions.“, they said on the bench.

During the hearing, a lawyer appearing for the Bar Council of India said that the bench had sent a communication on October 18 stating that the student petitioners could take part in AIBE-2024 subject to the consideration of the present suits, but this should not be taken as a precedent. .

The Gujarat Bar Council counsel said that pending admission students will be processed as per the prevailing rules and after due verification, provisional certificates will be issued to them to enable them to appear for the AIBE-2024 examination.

The Supreme Court then stated: “In view of the aforesaid submissions made by the learned advocates of the Bar Council of India as well as the Gujarat Bar Council, the said respondents are directed to process the registration forms of the petitioners and issue a temporary practicing certificate to them after due verification as per the extant rules, subject to the outcome of the present petitions. This interim order was passed on the basis of the concession made by the learned senior counsel appearing on behalf of the Bar Council of India on instructions received by him.“.

Meanwhile, a Gujarat Bar Council lawyer said that the last date for receipt of registration forms is October 24. In the interest of such similarly situated law graduates, the High Court has directed the state bar body to accept their applications by October 31.

“The Gujarat Bar Council shall issue a temporary practicing certificate to such law graduates subject to final verification of their documents to enable them to appear for AIBE-2024 if there is not enough time to verify such applications.“, he added.

The court said the interim order was made in the “special circumstances” of the pending cases and should not be “considered as a precedent.”

The case will next be listed on January 21, 2025.

Case Name: Syed Mahammajuber Yunusbhai & Ors. Compared to Bar Council of Gujarat and Ors.

Click here to read the order