Gujarat HC Paves Way For Two Law Graduates From Unrecognized College To Apply For Civil Judge Post, State Bar Body To Issue Provisional Certificate

The Gujarat High Court on Monday (February 24) directed the State Bar Council to issue provisional certificate of practice to two law graduates, who completed their LL.B. from an unrecognized institution, so as to enable them to participate in the recruitment process to the post of civil judge. 

Issuing notice to the respondents, Justice Nirzar S Desai in his order said, "In the meantime, the respondent no. 2 – Bar Council of Gujarat is directed to issue provisional certificate of practice to the petitioners and the respondent no. 1 is directed to allow the petitioners only to the limited extent of participating in the recruitment process for the post of civil judges. However, no appointment shall be given to the petitioners even if, they succeed, till the issue about the recognition of the college from where the petitioners have studied is decided by the Court". 

At the outset the counsel for the two petitioners had, upon instructions, made a statement that the petitioners  are seeking only participation in the recruitment process and even if, they are selected, till the dispute is resolved, they shall not claim appointment on the basis of mere participation.

It was petitioner's that the institute from where they completed their LL.B. is not considered to be a recognized institution, and this institution had filed a petition before the high court last year which is pending. The court was told that there are other such petitions preferred by the atleast 20 colleges or their students.

The court was told that in Saiyed Mahammadjuber Yunusbhai and others V/s. Bar Council of Gujarat and others the issue was pertaining to allowing the petitioners for appearing in All India Bar Examination and on the basis of provisional certificate issued by the Bar Council of Gujarat, and the petitioners therein were permitted to appear.

The court was informed that the certificate of practice is required to ascertain as to whether a person is practicing advocate or not, because all that is required to be stated in the application, as can be seen from the advertisement, is that a person needs to state while filling-up the form that since how long they are practicing. Therefore, just to ensure that a person is a practicing advocate and not the non-practicing one, the certificate of practice is required.

The high court thereafter said, "Considering the above submissions as well as order dated 21.10.2024 passed in Special Civil Application No. 13048 of 2024 alongwith the order of note for speaking to minutes dated 23.10.2024, the Court, prima facie, finds that in the past also, the respondent – Bar Council of Gujarat has issued such certificate of practice on the basis of which the concerned applicants were permitted to appear in the All India Bar examination. Here the purpose may be different but at the same time, the fact remains that the petitioners who have studied from a college which is now facing the issue related to recognition and for which the petition is pending before this Court wherein the relief is granted, the present petitioners also deserve to be considered for the grant of relief, simply for the reason that at the outset, a statement is made by learned advocate Mr. Jha that the petitioners only seek participation in the recruitment process and until the issue about recognition is decided, the petitioner shall not claim appointment on the post even, if, they are selected".

It thereafter passed the direction to the bar council of Gujarat and listed the matter on February 27.

Case title: NEHA VIVEK DWIVEDI & ANR. versus  HIGH COURT OF GUJARAT & ORS

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