Supreme Court To Hear Plea Challenging Gujarat HC's Order Allowing Law Graduates From Unrecognised College To Appear For Judicial Exam

The Supreme Court is scheduled to hear on March 4 the challenge to the Gujarat High Court's interim order allowing two law graduates from unrecognised institutions to appear for the civil judge examinations. 

The High Court bench of Justice Nirzar S Desai on February 24 directed the State Bar Council to issue provisional certificates 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 for the post of civil judge.

The matter was mentioned before the bench of Justice BR Gavai and Justice AG Masih. Justice Gavai asked the counsel to file an interim application  directed that the matter be listed for March 4, Tuesday for hearing before the present bench. The conversation went as follows: 

Justice Gavai: " Why don't you file an IA (Interim application), When is the exam? " 

Counsel: " I don't know but seems to be immediate" 

Justice Gavai :" Ask the AOR to prepare an IA today itself, we will list it on Tuesday.....you draft it today, and give a notice to the Bar Council of India, BCI will also be affected, how can by an interim order such a...." 

Counsel: "It cannot be done, they cannot change the qualification" 

Before The High Court 

It was the petitioner's case 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 at least 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 to appear in All India Bar Examination and on the basis of a 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 whether a person is a practising 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 practising. Therefore, just to ensure that a person is a practising advocate and not a non-practising one, a 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".