Gujarat High Court directs BCI to grant 29 law grads provisional certificates to sit for AIBE

The Gujarat High Court on Monday directed the Bar Council of India (BCI) and the Bar Council of Gujarat to grant 29 law graduates provisional certificates of practice so that they can appear for the All India Bar Examination (AIBE) XVIII, scheduled to be held in November [Saiyed Mahammadjuber Yunusbhai & Ors v. Bar Council Of Gujarat & Ors].

Justice Aniruddha P Mayee said that the interim relief should also be granted to all similarly placed graduates from government or grant-in-aid CLE (Continuing Legal Education) centres in the State which were not approved by the BCI due to non-payment of regularisation fees.

"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," the Court said in its October 21 order.

The Court passed the order in pleas filed by 29 law graduates who graduated from various law institutions in Gujarat. Their counsel stated that the graduates had submitted their enrolment forms to the Bar Council of Gujarat, but the same have not been processed.

This delay has resulted in the graduates not receiving their provisional certificates of practice, which is a requirement for appearing in the AIBE 2024.

Counsel appearing for the State Bar Council submitted that the verification process of the application forms takes time and the deadline for acceptance of enrollment forms for grant of provisional certificate of practice is October 24.

The Court, however, directed the Bar Council of Gujarat to accept the application forms of similarly situated law graduates until October 31.

"The Bar Council of Gujarat shall grant provisional certificate of practice to such law graduates subject to final verification of their documents, so as to enable them to appear in AIBE-2024, if there is paucity of time to verify such applications," the order stated.

The Court made it clear that its interim order was passed under specific circumstances and should not be treated as precedent.

Advocates Mitul Sheelat and Harsh K Raval appeared for the law graduates.

Assistant Government Pleader Nishi Vyas appeared for the State of Gujarat.

Senior Advocate Mehul Shah and Advocate Manan Shah appeared for the Bar Council of India.

Advocates MJ Mehta and Saurabh J Mehta appeared for the Bar Council of Gujarat.

Advocates Mrugen K Purohit appeared for Motilal Nehru Law College, a respondent in the matter.

Advocate Vikas K Nair appeared for Gujarat University, another respondent.

Senior Advocate Sudhir Nanavati appeared for other law colleges.

[Read Order]