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Law Graduate’s Application For Provisional Enrolment Kept Pending For Over A Year: Gujarat High Court Grants Interim Relief To Appear In AIBE [READ ORDER]

The Gujarat High Court, on Friday, granted interim relief to a law graduate in the case of Shivi Ravi Agarwal v. Bar Council of India

By: Megha Ravindran, B.BA LL.B Nehru Academy of Law

Justice Vipul M. Pancholi permitted the applicant to appear for the upcoming All India Bar Examination on January 24.

Brief of the case

The petitioner had claimed that she was issued an enrolment intimation letter by the Bar Council of Gujarat on 1 5.10.2020 and she also submitted candidature for the upcoming All India Bar Examination but on 3.12.2020, it was intimated that her application is still pending and also the enrolment number allotted for her belongs to another person named Arjan Shivajibhai Bhatti, so her enrolment stands canceled.

The petitioner submitted a plea which stated wastage of time in her career and also that the candidates who applied with her became Advocates and some candidates already appeared for the examination.

The petitioner stated that the Bar Council of Gujarat breached the principle of natural justice and also violated the provisions of the Advocates Act, 1961.

She seeks direction from the Court to the Bar Council of Gujarat to enroll her and also sought permission to appear in the upcoming AIBE exam.

She also stated that as per the Resolution passed by the Bar Council of India on 20.08.2017, verification of the candidate’s degree has to be done by the State Bar Councils with the concerned University within 15 days, and if there is no response from the University within 20 days, the candidate has to be enrolled provisionally.

She had contended that the action of the Bar Council of Gujarat in keeping her application pending for one and a half year, from 29.06.2019 is absolutely illegal and arbitrary.

Observation of the court:

The Court granted permission to appear for the AIBE examination but her result shall not be declared till the final disposal of the petition. Justice Vipul M. Pancholi granted interim relief to the Petitioner.

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