Point of Law : while dealing with the validity of Rule 1 of the Maharashtra and Goa Bar Council Rules relating to enrollment of Advocates eligibility conditions, has observed in Para-20 that “legal profession requires full time attention and would not countenance an Advocate riding two horses or more at a time

JUDGMENT :

J.B. PARDIWALA, J.

1. By this writ application under Article 226 of the Constitution of India, the writ applicant has prayed for the following reliefs:

“(A) that the Hon'ble Court be pleased to issue an appropriate writ, order or direction and be pleased to quash and set aside Rule 1 and Rule 2 of the Bar Council of Gujarat (Enrollment) Rules to the extent they prohibit admission of a person who is otherwise qualified to be admitted as an advocate, but is either in full or part time service or employment or is engaged in any trade, business or profession, as an advocate:

Alternatively the Hon'ble Court be pleased to read down Rule 1 and Rule 2 and declare that a person who is otherwise qualified to be admitted as an advocate, but is either in full or part time service or employment or is engaged in any trade, business or profession, 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 advocate makes a declaration that the circumstances mentioned in Rule 2 have ceased to exist and that he continues to start his practice.

(B) that pending the hearing and final disposal of this petition, the Hon'ble Court be pleased to direct the Bar Council of Gujarat to accept application form of the Applicant and permit the Applicant to take up the Bar Council Examination.”

2. We need not state the facts of this litigation in details as those have been stated in the order passed by this Court dated 06.10.2020. We quote the order as under:

“2. The gist of the case put up by the writ applicant, in her own words, as pleaded in the memorandum of the writ application, reads thus:

March 1996 - The writ applicant obtained degree of Bachelor of Commerce from Kolkata University. The writ applicant has been living in Ahmedabad since 1996. The writ applicant presently lives with her son, her retired father and is the sole earning person in the family.

05.05.2009 - The husband of the writ applicant who was a journalist passed away. The writ applicant presently lives with her son, her retired father and is the sole earning person in the family.

The Bar Council of India introduced the All India Bar Examination, an exam which is mandatory for all law students graduating from Academic Year 2009-10 onwards and enrolled as advocates under Section 24 of the Advocates Act, 1961, it is mandatory for an advocate to be enrolled as such before taking the All India Bar Examination. As per the Bar Council of India Rules, no advocate enrolled under Section 24 of the Advocates Act, 1961 shall be entitled to practice under Chapter IV of the Advocates Act unless such Advocate successfully passes the All India Bar Examination conducted by the Bar Council of India. The Bar exam is mandatory for all law students graduating from Academic Year 2009-10 onwards and enrolled as advocates under Section 24 of the Advocates Act, 1961. It is mandatory for an advocate to be enrolled as such before taking the All India Bar Examination. The exam is applicable only for enrolled advocates. The Bar Council of a state while enrolling a person as an advocate issues a provisional permission to practice as an advocate for a period of 2 years from the date of enrollment subject to filing of an undertaking in the proforma to be submitted to the State Bar Council. The Provisional Certificate remains valid for 2 years or till the advocate passed the All India Bar Examination whichever is earlier. In case the advocate does not pass the examination within the said period, the concerned person ceases to be an advocate till passing of All India Bar Exam.

The Bar Council of Gujarat, has framed the Bar Council of Gujarat (Enrollment Rules) under Section 28(2)(d) read with Section 24(1)(e) of the Advocates Act, 1961 (hereinafter referred to as “the Enrollment Rules”). As is ment