In an interim order, the Rajasthan High Court has permitted three candidates to participate in the selection process initiated by the State Bank of India (SBI) for the post of Deputy Manager (Law).
The Court is hearing Appeals filed by three practicing Advocates- Mr. Varun Jain, Mr. Aditya Pratap Singh Naruka and Mr. Adhiraj Singh Rajawat. They have challenged the eligibility criteria prescribed by the SBI as being violative of the Advocates Act, 1961 and the Bar Council of India Rules. They have specifically challenged the requirement that the candidate should be registered with the State Bar Council and at the same time, should have four years of experience with a Bank or a financial institution.
The Appellants have relied on Rule 49 of the BCI Rules, which states that an Advocate should not be a full-time salaried employee of any person, government, firm, corporation or concern, so long as he continues to practice. It further makes it mandatory for practicing Advocates to inform the Bar Council on taking up any such employment.
During the recent hearing, the bench comprising Justice Deepak Maheshwari and Justice Ajay Rastogi opined that the matter deserves consideration and ordered, "Since the written examination is scheduled to be held on 11.11.2017, we consider it appropriate to direct the respondents to accept their application form & permit them to appear in the written examination to be held on 11.11.2017 or any other date, if postponed. However, the result be kept in sealed cover & shall not be declared without prior permission of the Court."