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. 

Click here to read order