Rajasthan High Court, Jaipur Bench
Honble J.C. VERMA, J.
Parmanand Sharma - Appellant
Versus
The Bar Council of Rajasthan & Anr. - Respondents
S.B. Civil Writ Petition No. 3080 of 1994
Decided On : November 06, 1998
(2). The petitioner submits that a bare reading of the proviso which shall be reproduced here-in-after makes it clear that any person who is authorised by the employer by giving authority to him for appearing in the cases and if he possesses the Law degree is entitled to be enrolled as an advocate. The request of the petitio-ner was declined by the Bar Council of Rajasthan on 15.2.1991 and the Enrollment Committee of the Bar Council of Rajasthan had given reasons to the effect that the petitioner was not designated as Law Officer. Copy of the order impugned is attached as Annexure-4. It is submitted that Sub-rule (10) of Rule 15 of the Central Civil Services (Conduct) Rules, 1964 does authorise the Central Government to give permission to any of its employee to get enrolled as an advocate subject to the condition that such employee shall not engage himself in legal profession either independently or otherwise so long as he continues in the service of the Central Government. It is submitted that the GMTD, Jaipur had given permission to the petitioner to get himself enrolled as an advocate from the Bar Council of Rajasthan as per the conditions as mentioned above. It is stated that the Central Services (Conduct) Rules, 1964 and, therefore, subject to the conditions mentioned in the rules, the petitioner was entitled to be enrolled as an advocate. Apart from above, it is the case of the petitioner that he is appearing in the Court for last so many years, more than a decade, in the cases of the department and for all practical purposes even though he is not specifically designated as Law Officer, but he is working as Law Officer and thus, on the facts mentioned above, the petitioner is praying that he be allowed to be enrolled as an advocate subject to all the conditions which are applicable under the rules.
(3). The petition has been oppossed by respondent No.1 by filing written state-ment. It is stated that because of the reason that the petitioner is in full time of service or employment, he is not entitled to be admitted as an advocate.
(4). The Bar Council of Rajasthan had framed rules under Section 28(2) (d)r/w Section 24 (i) (e) of the Advocates Act, 1961. It is provided under the rules that any person who is in full or part time service or part time service or employment or is engaged in any trade, business or prof
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