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Law Graduate's Application For Provisional Enrolment Kept Pending For Over A Year: Gujarat High Court Grants Interim Relief To Appear In AIBE

Akshita Saxena
22 Jan 2021 2:10 PM GMT
Law Graduates Application For Provisional Enrolment Kept Pending For Over A Year: Gujarat High Court Grants Interim Relief To Appear In AIBE
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The Gujarat High Court on Friday granted interim relief to a law graduate, whose application for enrolment with the State Bar Council has been kept pending for over a year in contravention of the BCI Rules, and permitted her to appear for the upcoming All India Bar Examination on January 24. Stating that the examination is overhead and the issue involved in the instant case may take...

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The Gujarat High Court on Friday granted interim relief to a law graduate, whose application for enrolment with the State Bar Council has been kept pending for over a year in contravention of the BCI Rules, and permitted her to appear for the upcoming All India Bar Examination on January 24.

Stating that the examination is overhead and the issue involved in the instant case may take up some time for consideration and hearing, a Single Bench of Justice Vipul M. Pancholi ordered,

"the petitioner is permitted to appear in the said examination without prejudice to the rights and contentions of both the parties. However, result of the petitioner shall not be declared, till the final disposal of this petition and no equity will be created in favour of the petitioner merely because she is permitted to appear in the examination. The above arrangement is subject to the final outcome of the present petition."

The instant petition was filed by one Shivi Ravi Agrawal, stating that as per the Resolution passed by the Bar Council of India on 28.01.2017, the State Bar Council was required to enrol her provisionally, maximum within 20 days.

Law Graduate's Application For Enrolment Pending With Bar Council Of Gujarat For Over A Year: High Court Issues Notice

As per the said resolution, verification of the candidate's degree has to be done by the State Bar Councils with the concerned University within 15 days, and if there is no response from the University within 20 days, the candidate has to be enrolled provisionally.

Thus, she had contended that the action of the Bar Council of Gujarat in keeping her application pending for a year and a half, from 29.06.2019, is absolutely illegal, and arbitrary.

The Court had issued notices to the Bar Council of India and the Bar Council of Gujarat, on December 15, 2020.

Background

The Petitioner had averred that initially, she was issued an enrolment intimation letter by the Bar Council of Gujarat on 15.10.2010. Accordingly, she had submitted her candidature for appearing in the upcoming AIBE. However, to her utter shock and surprise, she was intimated on 3.12.2020 that her enrolment stands cancelled, her application is still pending, and the enrolment number allotted to her actually belongs to one Arjan Shivajibhai Bhatti.

In this backdrop, the Petitioner submitted that she was being deprived of taking the AIBE exam. The plea stated,

"if the Petitioner is not permitted to appear in the ensuing AIBE, the Petitioner would have to wait for another six months for her chance to appear in the next examination. This would result into wastage of six months in the career of the Petitioner for no fault of the Petitioner."

It was pointed out that the Petitioner made her application in June 2019 and the candidates who applied along with her are already enrolled as Advocates and some have already appeared in AIBE examination that was conducted last year.

The Petitioner submitted that the State Bar Council has not only breached the principles of natural justice in cancelling her enrolment without giving due reasons but has also contravened the provisions of the Advocates Act, 1961.

It was averred that various meeting of the Council have been convened after the aforesaid events transpired but no decision as to the Petitioner's case has been taken as of yet.

The Petitioner had therefore urged the High Court to set aside the communication dated 3.12.2020, whereby her enrolment was cancelled, and initiate appropriate proceedings against the Bar Council of Gujarat.

Further she sought a direction to the Bar Council of Gujarat to enrol her as an Advocate on its rolls, w.e.f. date of her entitlement as per the provisions contained in the Resolution passed by the Bar Council of India. Inter alia, she has sought permission to appear in the upcoming AIBE exam.

Case Title: Shivi Ravi Agrawal v. Bar Council Of India

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