The Gujarat High Court has issued a notice to the Bar Council of Gujarat following a plea by 29 law graduates from Motilal Nehru Law College. The graduates sought enrolment in the state bar, after having completed their LLB under the 2021 Gujarat University admission rules. Despite paying fees and fulfilling the necessary procedures, their applications for enrolment remain pending. The plea argues that this inaction has impacted their right to practice and appear for the All India Bar Exam (AIBE).
Background of the Petition The graduates enrolled in 2021 under the Gujarat University Three-Year LLB Programme. The college, recognized under Gujarat University's admission rules, allowed them to proceed through a centralized admission process. Petitioners claim that they were charged appropriate fees, which included a payment towards the Bar Council of India. Despite meeting all requirements, their enrolment remains in limbo without any justification or communication from the Bar Council of Gujarat.
Inaction by the Bar Council The plea highlights that applications for enrolment under the Advocates Act, 1961, have been pending without response from the Bar Council. A formal communication was sent to the Bar Council on July 30, but remains unanswered. Petitioners argue that the absence of any apparent reason for this delay adversely affects their right to practice, seniority, and eligibility for the AIBE.
Impact on the Graduates' Careers The delay in enrolment has broader implications for the graduates' professional careers. Without enrolment, the petitioners lack certificates of practice, which directly impacts their right to appear in court and register for the AIBE. The plea emphasizes that this inaction unjustly harms the graduates, as they have no control over the circumstances that led to the delay. The petitioners request provisional certificates of practice while awaiting the final decision of the court.
Legal Arguments Represented by Advocate Harsh K Raval, the petitioners argue that the Bar Council's failure to act violates their rights under the Advocates Act and threatens their professional futures. Among the reliefs sought, the petitioners request that they be allowed to appear for the AIBE pending the final outcome of their case. The legal team for the Bar Council of Gujarat, represented by Advocates Saurabh J Mehta and MJ Mehta, along with the State of Gujarat, represented by AGP Meet Thakkar, will respond in the upcoming hearing on September 17.
Case Proceedings and Court Orders Justice Sangeeta K Vishen, presiding over the case, has directed the Bar Council of Gujarat and other respondents, including the Bar Council of India, Gujarat University, and Motilal Nehru Law College, to present their stand on the issue. The case, titled "Saiyed Mahammadjuber Yunusbhai & Ors. vs. Bar Council of Gujarat & Ors.," is scheduled for further hearing on September 17, 2024.
Conclusion The court’s decision in this case will have significant implications for the 29 graduates, affecting their right to practice law and their future professional careers. As the matter moves forward, the focus will be on the Bar Council’s explanation for the delayed enrolment and the legal ramifications surrounding the petitioners' rights under the Advocates Act.
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