Gujarat High Court Seeks State Bar Council's Stand In Plea By 29 Law Graduates Against Non Enrolment In The Roll Of Advocates

The Gujarat High Court on Monday (September 9) sought the stand of the Bar Council of Gujarat in a plea moved by several law graduates seeking a direction to the state bar body for their enrolment on the roll of advocates, subject to them passing the All India Bar Exam(AIBE).

A single judge bench of Justice Sangeeta K Vishen issued notice to the respondents including the Bar Council of Gujarat, Bar Council of India, Gujarat University, Motilal Nehru Law College and the State of Gujarat. The matter is listed on September 17.

The plea has been moved by 29 law graduates of Motilal Nehru Law College who had studied under the three year LLB programme. The plea states that the college is a centre of legal education approved by the Gujarat University Three Years's LLB Programme Admission Rules 2021.

It states that in 2021 Gujarat University had organized central admission test and the petitioners were admitted in the college. The petitioner said that they had also applied and paid for enrolment fees as per the erstwhile rules.

The plea submits that the petitioners were also paying fees towards the Bar Council of India in the college fees.

It states that there was "no objection" against the admission process by the respondents and completion of it.

The plea submits that the petitioners had applied for enrolment as advocate on the roll of the state bar council by paying the fees and filling the form in accordance with Advocates Act 1961 and rules made thereunder.

It submits that the petitioners' applications are "pending and no action" has been taken by the state bar council without providing any reason or justification. A communication was also addressed to the respondents by the petitioners on July 30 which also remains unanswered, the plea adds.

The plea states that "without their being any apparent reason" the petitioners are not being enrolled to the roll of advocates maintained by the state bar council and the petitioners are also without the certificate of practice.

The plea states that such inaction would severely affect the "right of seniority, right of practice and survival along with the right to appear" in the AIBE without any fault of theirs.

Among other reliefs the plea seeks that pending admission hearing and final disposal of the petition before the high court, the petitioners' be allowed to appear in the AIBE by "directing the respondents to provide a provisional certificate of practice".

Case title: SAIYED MAHAMMADJUBER YUNUSBHAI & ORS. v/s BAR COUNCIL OF GUJARAT & ORS.

Counsel for petitioner: Advocate Harsh K Raval

Counsel For State of Gujarat: AGP Meet Thakkar

Counsel for Bar Council of Gujarat: Advocates Saurabh J Mehta and MJ Mehta

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