Law Graduate Pursuing LL.M Or LL.D To Be Treated In Actual Practice: Jammu And Kashmir HC [Read Order]

The High Court of Jammu and Kashmir has ruled that a law graduate pursuing higher studies in the field of law would be treated in actual practice.

“A law graduate when enrolled on the rolls of Bar Council has to be treated in actual practice or treated to have standing at Bar as long as he remains connected with legal profession only which include higher studies in law i.e. LL.M or LL.D, drafting of petitions, consultation which, in effect, would mean that he is practicing law,” Justice Mohammad Yaqoob Mir observed.

The Court was hearing a Petition filed by one Mr. Tahir Ahmad Dar, who had objected to an appointment to the post of Legal Assistant in the State Law Department, contending that the selected candidate did not have the requisite experience of “two years’ actual practice at bar”.

Mr. Dar had contended that the experience of the selected candidate should have been calculated after deducting the time spent in pursuing an LL.M. He had submitted that the time spent in pursuing higher studies would not come under the purview of the phrase “actual practice at bar”.

The Court, however, ruled that in essence, the expressions “actual practice at Bar” and “standing practice at bar” in the context of job requirement stand on the same footing. It then issued the following directions:

1. “1. Whenever an actual practice certificate or a certificate regarding standing at Bar is to be issued, High Court of J&K (Grant of Actual Bar Practice Certificate) Procedure Order, 1995 issued vide order No.352 dated 26.08.1995 shall be strictly followed.


2. A law graduate when enrolled on the rolls of Bar Council has to be treated in actual practice or treated to have standing at Bar as long as he remains connected with legal profession only which include higher studies in law i.e. LL.M or LL.D, drafting of petitions, consultation which, in effect, would mean that he is practicing law.


3. Appearance in the courts in connection with cases is not the only factor for grant of practice certificate.


4. A law graduate who though enrolled as an advocate but is not connected with the profession of law or is in regular service of the Government of any other establishment, institution, unconnected with profession of law, in short pursuing any other full time avocation unrelated with the profession of law, shall not be treated to have standing at Bar or to be in actual practice at Bar.


5. Copy of this judgment shall be circulated to all Principal District & Sessions Judges of the State for information.”