Allahabad HC directs UP Bar Council to issue enrolment numbers to advocates within 4 weeks of clearing AIBE

The Allahabad High Court on Friday directed the Bar Council of Uttar Pradesh to issue permanent enrolment numbers to advocates who qualify All India Bar Examination (AIBE) within a period of four weeks from the date of receiving the result card of AIBE [Yogendra v. State of UP and 3 Others].

Justice Arun Kumar Singh Deshwal also directed the Director General of Police (DGP) to instruct all district police chiefs to complete the police verification of law graduates intending to enrol as advocates within a period of two weeks from the date of receiving the verification form from the Bar Council of UP.

The Court passed these directions after it was informed that even after receiving the copy of result of AIBE, it takes time to receive permanent enrolment number from the State Bar Council.

The Court considered the issue related to enrolment of lawyers after an advocate, one Jaihind Gaund, with expired provisional enrolment appeared and argued a bail case.

The Court initially asked the Bar Council of India (BCI) to clarify whether a lawyer who lacks a Certificate of Practice (CoP) is barred from legal practice only after his name is published in the list of non-practicing advocates

The Bench also permitted advocate Gaund to appear in the matter after he said his AIBE result is awaited. On Friday, he told the Court that he passed the exam last month.

Under Rule 9 of the All India Bar Examination Rules, 2010, the provisional enrolment of law graduates enroled after the 2009–10 academic year automatically expires if they fail to qualify the AIBE within 2 years.

Rule 5 of the BCI's Certificate and Place of Practice (Verification) Rules, 2015 makes it necessary to have a CoP to practice law. However, the disability comes into force only when the name of advocate lacking the CoP is published in list of non-practicing advocates under Rule 20.4.

In the judgment delivered on August 7, the Court considered the rules related to practice and enrolment of lawyers in detail.

Following its analysis, the Court came to the following conclusion:

1. Advocates who obtained a law degree during academic session 2009-10 (1st June 2009 to 30th June, 2010) or thereafter, would be entitled to practice based on a provisional enrolment certificate issued by the Bar Council of UP for a period of 2 years in all courts and tribunals.

However, if they fail to qualify the AIBE within two years, then they will not be entitled to practice in any court, any tribunal or any other authority.

2. For practicing in Allahabad High Court, such advocates having a provisional enrolment certificate must also be on the provisional advocates roll of High Court.

However, advocates having only the Bar Council provisional enrolment certificate can still appear in the High Court but only along with advocates who are on the advocates roll of High Court.

The Court further said that even after expiry of five years from the date of issuance of CoP, an advocate would be entitled to practice even if a verified or renewed certificate of practice is not issued till the Bar Council publishes the list of non-practicing advocates under Rule 20.4 of the Rules, 2015.

The Bar Council of UP assured the Court that they are in the process of publishing the list of non-practicing advocates and would do the same after conclusion of the ongoing elections of its members.

The Court directed its Advocate Roll Section to strike off or suspend the names of advocates having provisional enrolment under Rule 9 of AIB Rules, 2010, if they haven't qualified the AIBE within 2 years even after publication of notice.

Standing Counsel Ashok Kumar Tiwari appeared for the Bar Council of Uttar Pradesh.

Standing Counsel Sai Girdhar appeared for the Bar Council of Uttar Pradesh.

Advocate KK Dwivedi, Senior Vice President of the Bar Association of Allahabad, also appeared in the matter.

Advocate DPS Chauhan appeared for the State.

[Read Order]