AIBE 2024: Gujarat HC Directs State Bar Council To Grant Provisional Certificates To Law Graduates From Govt And Grant-In-Aid Colleges Not Approved By BCI
|The Gujarat High Court has passed an interim order directing the State Bar Council of Gujarat to provide provisional certificates for AIBE 2024 to students who have completed their LL.B. degree from law colleges (CLE) not approved by the Bar Council of India due to non-compliance of the payment of regularization fees and which are Government institutions or Grant-in-Aid institutions in the State of Gujarat.
The Court extended the interim order to all such students in the interest of justice in petitions filed by some of them seeking interim relief permitting them to appear in the All India Bar Examination, 2024 to be held in November 2024.
The single-bench of Justice Aniruddha P. Mayee observed, "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 LL.B. degree from CLEs not approved by the Bar Council of India due to non-compliance of the payment of regularization fees and which are Government institutions or Grant-in-Aid institutions in the State of Gujarat. It would be injustice to such law graduates who have not or could not approach this Court by way of filing the writ petitions seeking the similar reliefs and who would be deprived of the opportunity to appear in AIBE-2024. Hence this Court directs that the present interim order shall also apply to all similarly situated graduates who have completed their LL.B. degree from Government or Grant-in-Aid CLEs in the State of Gujarat not approved by the Bar Council of India due to noncompliance of the payment of regularization fees. They shall be eligible to submit their enrollment forms with Bar Council of Gujarat and the Bar Council of Gujarat shall accept the forms for enrollment of such law graduates and process the same for grant of provisional certificate of practice pending the outcome of these petitions."
The petitioners were represented by Advocate Mitul Shelat while the respondents were represented by Advocate Nidhi Vyas, AGP, and Senior Advocate Mehul Shah.
The Counsel for petitioners submitted that the petitioners have submitted their enrolment forms to the Bar Council of Gujarat, but the same have not been processed and, therefore, in the absence of grant of the provisional certificate of practice, the petitioners will not be able to appear in AIBE-2024.
Senior Counsel Mehul S. Shah submitted that the Bar Council of India has sent a communication to its Advocate Manan Shah, whereby it has been instructed to him that the petitioners may be permitted to appear in AIBE-2024 subject to the outcome of the present writ petitions, however, the present cases may not be treated as a precedent.
The Court thus directed the respondents to process the enrolment forms of the petitioners and grant them provisional certificate of practice after due verification as per the prevalent rules, subject to the outcome of the present petitions.
"This interim order has been passed on the basis of the concession made by the learned senior counsel appearing on behalf of the Bar Council of India upon instructions received by him", the court observed.
The petitions were accordingly allowed.
Cause Title: Saiyed Mahammad Juber Yunusbhai vs Bar Council of Gujarat (C/SCA/13048/2024)
Appearances:
For Petitioners: Advocate Mitul Shelat and Advocate Harsh K Raval
For Respondents: Advocate Nidhi Vyas, AGP, Senior Advocate Mehul Shah and Advocate Manan A. Shah.
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