38.6c New Delhi, India, Saturday, June 22, 2024
Judiciary

Gujarat High Court issued notices to the Bar Council of India and Bar Council of Gujarat for depriving Law Graduate the opportunity of taking AIBE Examination [READ ORDER]

By Dev Kumar Patel      18 December, 2020 04:25 PM      0 Comments
Gujarat High Court issued notices to the Bar Council of India and Bar Council of Gujarat for depriving Law Graduate the opportunity of taking AIBE Examination [READ ORDER]

The Gujarat High Court on 15th December 2020 issued notice to Bar Council of India and the Bar Council of Gujarat on a petition filed by a law graduate. 

The petition was filed by a law graduate as application for enrolment with the Bar Council of Gujarat has been kept pending for over a year, thereby depriving her from the opportunity of appearing in the All India Bar Examination.

A Single Bench of Justice S H Vora has issued notices to the Bar Council of India and the Bar Council of Gujarat, returnable on December 21, 2020.

The petition has been filed by one Shivi Ravi Agrawal, stating that Bar Council of India on 28.01.2017 passed the resolution whereas, the State Bar Council was required to enroll her provisionally, maximum within 20 days. 

As per the said resolution of Bar Council of India, verification regarding the degree of candidate has to be done by all the State Bar Councils with the concerned University within 15 days, and if there is no reply from the University within 20 days, the candidate has to be enrolled on provisionally basis.

Thus, it is claimed that the action of the Bar Council of Gujarat in keeping her application pending for a year and a half, from 29.06.2019, is absolutely illegal, and arbitrary. 

The Petitioner has further averred that initially, she was issued with an enrolment intimation letter by the Bar Council of Gujarat on 15.10.2010. 

As per intimation letter she had submitted her candidature for appearing in the upcoming AIBE. However, to her utter shock and surprise, she was intimated on 3.12.2020 that her enrolment stands cancelled, her application is still pending, and the enrolment number allotted to her actually belongs to someone else named Arjan Shivajibhai Bhatti.

The Petitioner submitted that she is being deprived of taking the AIBE exam. The plea reads,

"if the Petitioner is not permitted to appear in the ensuing AIBE, the Petitioner would have to wait for another six months for her chance to appear n the next examination. This would result into wastage of six months in the career of the Petitioner for no fault of the Petitioner."

It is pointed out that the Petitioner made her application in June 2019 and the aspirants who applied along with her are already enrolled as Advocates and some have already appeared in AIBE examination that was conducted last year.

The Petitioner also submitted that the State Bar Council has not only breached the principles of natural justice in cancelling her enrolment without giving reasonable and proper reasons but they had also contravened the provisions of the Advocates Act, 1961.

It is averred that various meeting of the Council have been convened after the aforesaid events transpired but no decision as to the Petitioner's case has been taken as of yet. 

The Petitioner has therefore urged the High Court to set aside the communication dated 3.12.2020, whereby her enrolment was cancelled, and initiate appropriate proceedings against the Bar Council of Gujarat. 

Further she has sought a direction to the Bar Council of Gujarat to enroll her as an Advocate on its rolls, w.e.f. date of her entitlement as per the provisions contained in the Resolution passed by the Bar Council of India. Inter alia, she has sought permission to appear in the upcoming AIBE exam.

 

[READ ORDER]



Share this article:



Leave a feedback about this
TRENDING NEWS

gravity-of-offence-not-relevant-when-considering-bail-for-juvenile
Trending Judiciary
Gravity of offence not relevant when considering bail for juvenile [Read Order]

Allahabad High Court grants bail to a juvenile in a serious criminal case, ruling that the gravity of the offence is not a relevant factor in bail decisions.

22 June, 2024 11:18 AM
new-anti-cheating-law-enacted-analysis
Trending Executive
New Anti-Cheating Law enacted: Analysis

In-depth analysis of India’s new Anti-Cheating Law, the Public Examinations (Prevention of Unfair Means) Act, 2024, aimed at curbing exam malpractices.

22 June, 2024 11:38 AM

TOP STORIES

women-including-housewife-approach-ncw-against-controversial-ips-officer-gyaneshwar-singh
Trending Crime, Police And Law
Women, including housewife, approach NCW against controversial IPS officer Gyaneshwar Singh

Two women approach NCW against controversial IPS officer Gyaneshwar Singh, citing harassment for tweets based on news reports about his involvement in high-profile cases.

17 June, 2024 03:10 PM
courts-this-week-law-street-journal-s-weekly-round-up-of-sc-anf-hcs-june-10-june-15
Trending Judiciary
Courts this Week: Law Street Journal's Weekly Round-Up of SC & HCs [June 10 - June 15]

Get the latest updates from the Supreme Court of India and the High Courts ! Here’s a round up of the week's top legal stories in a quick, easy-to-read summary.

17 June, 2024 03:29 PM
man-sues-apple-for-5-million-blaming-company-for-divorce-after-wife-discovers-deleted-messages-with-sex-workers
Trending Business
Man sues Apple for £5 million, blaming company for divorce after wife discovers ‘deleted messages’ with sex workers

A UK man sues Apple for £5M, claiming their unclear policy on deleted messages led to his divorce after his wife found texts to sex workers on another device.

17 June, 2024 04:26 PM
ex-karnataka-cm-yediyurappa-appears-before-cid-for-pocso-case-probe-with-protection-of-no-arrest
Trending Crime, Police And Law
Ex-Karnataka CM Yediyurappa appears before CID for POCSO case probe, with protection of 'no arrest'

Ex-Karnataka CM Yediyurappa appears before CID for POCSO case probe, denies allegations, granted ‘no arrest’ protection. Next hearing: June 28.

17 June, 2024 04:46 PM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email