A Single Bench of the Delhi High Court has recently allowed the provisional Bar Council enrolment of Sandeep, a Senior Assistant in the Delhi Jal Board. It was held that provisional enrolment cannot be denied on the sole basis that the applicant is an employee.
He was also allowed to appear in the All India Bar Examination (AIBE-XVII), scheduled to be held on 5th February, subject to meeting all other qualifications as required.
The enrolment application was rejected by the BCI in the communication as follows:
“Your enrolment form was sent for legal opinion because you are presently in Government Service. As per legal opinion presently your enrolment has been denied with Bar Council of Delhi as an Advocate.”
Aggrieved petitioner approached the Delhi High Court, praying that he may be permitted to appear in the AIBE-XVII exam.
The petitioner, Sandeep placed reliance on Twinkle Rahul Mangaonkar v. Union of India, and submitted that the Court had permitted persons who are in employment to take the bar exam and had given six months to them after the clearing of the bar exam, as to whether they wish to continue with the employment or start practising.
Counsel for the Bar Council of India raised the issue that the Petitioner could not have been in employment while pursuing the LL.B course as there may be issues of attendance etc., which was not considered by the High Court of Delhi.
The Delhi High Court Single Bench observed that, “In the present case, the Petitioner, having qualified the LLB examination from the University of Delhi, though in employment, could not have been rejected from obtaining a provisional enrolment with the Bar Council of Delhi.”
The Single Bench of Justice Prathiba M Singh further observed that, “the BCI ought to encourage lawyers, who have qualified the LLB examination, to appear in the All India Bar Examination, while having the flexibility to either practise or keep their enrolment under suspension.”
The petitioner was thus allowed to be granted the provisional enrolment and further allowed to appear for the All India Bar Examination (AIBE- XVII).
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