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2022 Supreme(Guj) 486

BIREN VAISHNAV
NIRAJ JAYKUMAR SHARMA – Appellant
Versus
HIGH COURT OF GUJARAT – Respondent


Advocates:
Advocate Appeared:
For the Appellant : MR. S.N.SHELAT, SENIOR COUNSEL WITH VIKAS V NAIR

ORDER :

1. Both these petitions under Article 226 of the Constitution of India, assail the stand of the relevant clause of the advertisement issued on the administrative side by the High Court of the advertisement dated 12.04.2022. Clause 2(ii) of the advertisement issued by the High Court on the administrative side provides that a candidate must be a practising advocate in Courts’ of Civil and / or Criminal jurisdiction on the last date fixed for submission of online applications and must have so practised continuously for a period of not less than seven years immediately preceeding as on the last date for submission of the online application on 04.05.2022.

2. Special Civil Application No. 8251 of 2022 has been filed for a direction to quash and set aside the position reflected in the E.mail dated 30.03.2022, by which, the candidature of the petitioner has been rejected on the interpretation advanced by the High Court on the administrative side referred to hereinabove.

3. Facts in brief of Special Civil Application No. 8251 of 2022 would indicate that the petitioner got enrolled with the Bar Council of Gujarat on 31.08.2003 and started practice as an advocate. She was appointed as a

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