Gujarat High Court directs Bar Council of India to issue provisional certificates to 29 law graduates for AIBE.

Gujarat High Court directs Bar Council of India to issue provisional certificates to 29 law graduates for AIBE.

It was a landmark judgment wherein the Gujarat High Court ordered the Bar Council of India to issue provisional certificates to 29 law graduates who can sit for the All India Bar Examination (AIBE). The law graduates had submitted their enrolment forms before the Bar Council Gujarat, only to be met with the delays in processing their applications, leaving them in limbo.Background of Case The petitioners are 29 law graduates from various law schools. On the expiry of the time stipulated for processing their enrolment forms which had been filed with the Bar Council of Gujarat, they were denied the certificates which are essential for appearing for AIBE examination mandatory to be cleared by the law graduates for being on the panel of lawyers in India. The graduates alleged that even when they had placed all their documents in place and followed the enrolment process, no reason was given for delaying their applications. This not only jeopardized their professional goals but also prevented them from beginning practice as it does not allow passing without recognition as an advocate to practice before courts in India. Gujarat High Court's Intervention This being a serious matter, the Gujarat High Court stepped in. The court ordered the Bar Council of India to issue provisional certificates to the 29 law graduates whose enrolment forms were not cleared in time. According to the court, the delay was not the petitioners' but they should not become a victim of administrative inefficiencies. The High Court came to an emphatic statement that law graduates must be provided with a fair opportunity to undertake the AIBE and kick off their careers as lawyers. According to it, until and unless those who pass the LL.B exam also are provided with an opportunity to sit for the examination, any procedure that gets delayed would be unjust. The provisional certificates would, of course, be subject to the final outcome of the final enrolment process so that full enrolment status would also depend upon the fact that all formalities were correctly carried out by the Bar Council of Gujarat. Implications of the Judgement In this light, the relief that the Gujarat High Court directive holds for 29 law graduates is quite significant. These graduates could not foresee their future when the bureaucratic delay unfolded. The court ensured that these graduates are not placed at a disadvantageous position in claiming their legal career by allowing them to sit for AIBE with provisional certificates.

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