AIBE 2024: Gujarat HC Asks State Bar Council To Give Provisional Certificates To Law Graduates From Govt/ Aided Colleges Not Approved By BCI

The Gujarat High Court, in an interim order, asked the Bar Council of Gujarat to accept the enrolment forms of "all similarly situated law graduates" from government and grant-in-aid law schools in the State which are not approved by Bar Council of India, and to issue provisional certificate of practice enabling the students to appear in the All India Bar Examination (AIBE) 2024. The exam is scheduled for November this year. The high court was hearing pleas moved by several law graduates from different institutions, after their enrolment forms were not processed by the Bar Council of Gujarat leading to non-issuance of provisional certificate of practice.A single judge bench of Justice Aniruddha P. Mayee in its October 21 interim order said that the order will apply to similarly situated law graduates who have completed their LLB course from institutions which have not been approved by Bar Council of India, as not allowing them to sit for the exam would be injustice. "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 enrolment forms with Bar Council of Gujarat and the Bar Council of Gujarat shall accept the forms for enrolment of such law graduates and process the same for grant of provisional certificate of practice pending the outcome of these petitions," the bench said. During the hearing the counsel appearing for the Bar Council of India said that the bar body had sent a communication on October 18 stating that the petitioner students can take AIBE-2024 subject to the outcome of the present pleas however it should not be treated as precedent. The counsel for the Bar Council of Gujarat submitted that the students' pending enrolment forms will be processed according to the current rules, and after proper verification, they will be given provisional certificates to allow them to take the AIBE-2024 exam.The high court thereafter said, “In view of the aforesaid statements made by the learned counsels for the Bar Council of India as well as the Bar Council of Gujarat, the said respondents are directed 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". Meanwhile the counsel for Bar Council of Gujarat said that the last date for accepting the enrolment forms is October 24. In the interest of such similarly situated law graduates, the High Court directed the State Bar body to accept their application forms till October 31. "The Bar Council of Gujarat shall grant provisional certificate of practice to such law graduates subject to final verification of their documents, so as to enable them to appear in AIBE-2024, if there is paucity of time to verify such applications, " it added. The court said that the interim order was passed in the “peculiar circumstances” of the cases before it and the same shall not be “treated as a precedent”. The matter is next listed on January 21, 2025.Case Title: Saiyed Mahammadjuber Yunusbhai & Ors. Versus Bar Council Of Gujarat & Ors.Click here to read order

AIBE 2024: Gujarat HC Asks State Bar Council To Give Provisional Certificates To Law Graduates From Govt/ Aided Colleges Not Approved By BCI

Lovina B Thakkar

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