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MP High Court Upholds BCI's Decision Restricting Internships To College Vacation Period, Says Students' Academics Will Not Be Compromised
Rahul Garg
19 Nov 2022 10:03 AM IST
The Madhya Pradesh High Court's Gwalior Bench recently dismissed a writ petition preferred by a law student challenging a 2014 Circular issued by the Bar Council of India, which had notified that students could only take up internships only during their university/college vacations and not when their academic session was going on. The Circular directed all Universities/Colleges to...
The Madhya Pradesh High Court's Gwalior Bench recently dismissed a writ petition preferred by a law student challenging a 2014 Circular issued by the Bar Council of India, which had notified that students could only take up internships only during their university/college vacations and not when their academic session was going on.
The Circular directed all Universities/Colleges to send their students for internship to the Law Firms, senior advocates only when there is a vacation of Universities/Colleges. The same was addressed to the Registrars of all the Universities imparting legal education, Principals of all Law Colleges and the Secretaries of all the State Bar Councils.
The division bench of Justice Rohit Arya and Justice Milind Ramesh Phadke dismissed the writ petition, stating, "Upon perusal of the aforesaid circular, we find that the submission advanced is misplaced and misdirected. Even if the said circular is tested on the anvil of Article 14 of the Constitution of India then also it is found to be in conformity thereof."
The bench added that if law students are required to undergo internship when the academic session is not on, no exception thereto can be taken. Instead, it is in aid of the law students who will not have to sacrifice their academic sessions, for the purposes of completion of the internship.
Interestingly, a division bench also comprising Justice Arya had dismissed a PIL last year seeking a direction to the Bar Council of India to frame rules regarding working hours, other conditions, and payment of stipends to the Law Interns.
Case Title: Abhishek Sharma v. Bar Council of India and Another
Citation: 2022 LiveLaw (MP) 263
Coram: Justice Rohit Arya and Justice Milind Ramesh Phadke
Click Here To Read/Download the Order
