AIBE | Allahabad High Court Directs UP Bar Council To Issue Enrollment Numbers To Advocates Within 4 Weeks Of Result

The Allahabad High Court has directed the Bar Council of Uttar Pradesh to issue enrollment numbers to advocates who qualify the All India Bar Examination (AIBE) within four weeks of receiving their result cards, observing that their “precious time may not be wasted”.

A bench of Justice Arun Kumar Singh Deshwal also directed the Director General of Police, UP, to issue necessary directions to all District Police Chiefs to complete the police verification of Law graduates intending to enroll as Advocates within a period of 2 weeks from the date of receiving the verification form from the State Bar Council.

The Court issued these directions in a bail matter where it examined an issue as to whether an advocate who had graduated after the academic session 2009-10 but had failed to clear the AIBE within 2 years could continue appearing before the Court.

The issue arose after Jaihind Gaund, counsel for the bail applicant, appeared before the Court despite not having qualified the AIBE within 2 years of his provisional enrollment.

Although the bail application had already been disposed of on July 6, 2026, the Court had on that date permitted Gaund to argue the matter as a “one-time exception” in exercise of its authority under Section 32 of the Advocates Act, 1961.

However, since the issue of his entitlement to practise remained undecided, the Court kept the matter pending and sought assistance from the High Court Bar Association, Advocates' Association, Bar Council of U.P., and Bar Council of India.

The matter was subsequently partly heard on July 21, when the Court also raised the question whether the requirement of a Certificate of Practice under Rule 5 of the Bar Council of India Certificate and Place of Practice (Verification) Rules, 2015 applied to law graduates of the 2009-10 academic session who had failed to qualify the AIBE within two years.

Meanwhile, Gaund informed the Court that he had passed the AIBE on July 18, 2026, and produced his result. He submitted that under Rule 11.1 of the AIBE Rules, 2010, he was therefore entitled to practise as an advocate.

He also submitted that even after the Bar Council of U.P. receives the AIBE result, it takes time to issue a permanent enrollment number. He accordingly sought a direction that enrollment numbers be issued within one week of receipt of the result card.

Examining the issues involved in the matter, Justice Deshwal noted that Rule 9 of the All India Bar Examination Rules, 2010 provides that an advocate enrolled under Section 24 of the Advocates Act shall not be entitled to practise unless the advocate successfully passes the AIBE.

The Court held that this requirement applies to law graduates from the academic session 2009-10 onwards.

It further considered the BCI's April 12, 2013 resolution permitting State Bar Councils to provisionally enrol such graduates for two years. Those advocates could practise during the provisional period, but were required to qualify for the AIBE within two years.

Against this backdrop, the Court categorically stated that advocates who obtained their law degree in the academic session 2009-10 or thereafter and were provisionally enrolled with the Bar Council of Uttar Pradesh cannot continue to practise if they fail to qualify the All India Bar Examination (AIBE) within 2 years of their provisional enrolment.

The Court made it clear that such advocates cannot practise before civil, criminal or revenue courts and if they appear before a court or tribunal, the Presiding Officer may refuse to hear them or honour their Vakalatnama, and they may also be liable to prosecution under Section 45 of the Advocates Act.

The Court further clarified that, for practising before the Allahabad High Court or its Lucknow Bench, such advocates must have a provisional advocate roll of the concerned High Court.

However, an advocate having provisional enrolment with the Bar Council of Uttar Pradesh but not having a High Court advocate roll can appear for a period of two years along with an advocate who is on the advocate roll of the Allahabad or Lucknow High Court, the Single Judge clarified.

Read more about Court's observations here : Advocates Who Fail To Clear AIBE Within 2 Years Of Provisional Enrolment Cannot Continue To Practise: Allahabad High Court

Separately, the Court also issued clarification on the position regarding the Certificate of Practice (COP) issued to advocates. The Court noted that under Rule 11 of the AIBE Rules, 2010, a successful candidate is entitled to a Certificate of Practice, which gives the right to practise as an advocate in any court of law in India during its validity, i.e., five years.

However, the Court held that the expiry of five years from the date of issuance of the Certificate of Practice does not by itself result in a disability to practise. Referring to Rule 5 of the Certificate and Place of Practice (Verification) Rules, 2015, the Court held that the disability would come into force only when the advocate's name is published under Rule 20.4 as a non-practising advocate.

Thus, an advocate can continue to practise even after five years if the verified or renewed COP has not been issued, until such publication by the Bar Council of Uttar Pradesh.

The High Court also directed its Advocate Roll Section to strike off or suspend the names of advocates holding provisional enrollment under the AIBE Rules who fail to qualify the examination within two years, after publication of notice, unless they subsequently qualify the AIBE.

At the same time, taking note of the delay that may occur after an advocate clears the AIBE, the Court directed the Chairman and Secretary of the Bar Council of U.P. to issue enrollment numbers to advocates who qualify the AIBE within four weeks of receiving their result cards.

Appearances