Advocate Enrolment: Gujarat High Court allows AIBE-hopeful to continue in employment until she clears Bar Exam [Read Judgment]

In what could be a landmark ruling, the Gujarat High Court has allowed an employed applicant hoping to enrol with the Bar Council as an advocate to continue in employment until she clears the All India Bar Examination (AIBE). ( Twinkle Rahul Mangaonkar v. Union of India)

. Bar Councils of most States in India make employment with a corporation, government or firm a bar to enrollment as an advocate and practice in Court.

. Rules 1 and 2 of the Bar Council of Gujarat Rules prohibit a person who is otherwise qualified to be an advocate from being admitted as an advocate if s/he is employed and requires every application for enrollment to be accompanied by a declaration that a person is not employed.

. Rule 49 of the Bar Council of India Rules does not allow an enrolled advocate to practise law while a salaried employee. If they intend to enter into employment, they are required to deposit their enrollment certificate with the Bar Council.

. While pronouncing judgment, the Division Bench of Chief Justice Vikram Nath and JB Pardiwalla read down the Bar Council of Gujarat Rules, stating:

. "... we read down Rules 1 and 2 respectively of the Bar Council of Gujarat (Enrollment) Rules so as to read that a person may be either in full or part time service or employment or is engaged in any trade, business or profession, who otherwise is qualified to be admitted as an Advocate shall be admitted as an Advocate, however, the enrollment certificate of such a person shall be withheld with the Bar Council and shall lie in deposit with the Council until the concerned person makes a declaration that the circumstances mentioned in Rule 2 have ceased to exist and that he or she has started his/her practice ..."

. The Bench opined that a reading of the Bar Council of India Rules seemed to favour an interpretation that required an advocate to halt employment once they were enrolled. C onstruing Rule 49 of Bar Council of India Rules so as not to cause prejudice, the Court read down Rules 1 and 2 of the Gujarat Bar Council Rules to harmonise them with Rule 49.

. " It is too much to say that a person desirous to get himself enrolled as an Advocate with the State Bar Council should be asked at its inception to give up any other vocation, business or job and only, thereafter, he can be enrolled on the roll of the State Bar Council", the Court said.

. The Court specifically took note of the applicant's status as a single mother who was the sole earning member of her family, comprising of her, a son in college, and her retired father. As observed in the Judgment,

. "We are dealing with a matter, in which, as single mother has come before us saying that no sooner she is enrolled as an Advocate after clearing the Bar Council Entrance Exam, then she would file a declaration on oath that she has given up the job which she has as on date. The lady is in a helpless situation ."

. Further, the Bench pointed out,

. "Today, if she gives up her job being a single mother, and God forbid if she is unable to clear the All India Bar Examination, then she would be left without any means of livelihood." Gujarat High Court . In light of the Court's observations, the Bench directed the Bar Council of Gujarat to issue a provisional enrollment certificate so that she could apply for the AIBE.

. The Court also took on record the woman's undertaking to resign from her present job once she cleared the Bar Examination and began practice.

. The matter, therefore, was disposed on these terms.

. Read the Judgment:

Advocate Enrolment: Gujarat High Court allows AIBE-hopeful to continue in employment until she clears Bar Exam [Read Judgment]

Lydia Suzanne Thomas

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