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JAMMU & KASHMIR HIGH COURT
Mansoor Ahmad Mir, J.
Shaista Amin -Appellant
Versus
Public Service Commission (J&K) & Ors. -Resopndent
SWP No. 717/2011 & CMP No. 1134/2011
Decided On : 04-02-2012
Practice at Bar - Eligibility for Government Position - The court held that the petitioner's failure to produce a certificate of two years actual practice at the Bar rendered her ineligible for the government position, as mandated by the Advocates Act 1961 and the Bar Council of India Rules.
Fact of the Case:
The petitioner applied for a government position requiring two years of actual practice at the Bar, but her application was rejected due to her inability to produce the requisite certificate. She sought to challenge the rejection and requested to be allowed to participate in the selection process.
Finding of the Court:
The court found that the petitioner's lack of the required practice at the Bar rendered her ineligible for the position. It also noted that the petitioner's failure to disclose her pursuit of an LLM course while being granted a license to practice law constituted a breach of the relevant rules.
Issues: The main issue was the petitioner's eligibility for the government position based on the requirement of two years actual practice at the Bar.
Ratio Decidendi: The court's decision was influenced by the provisions of the Advocates Act 1961 and the Bar Council of India Rules, which mandated the disclosure of pursuing an LLM course and the suspension of the license to practice law during the course.
Final Decision: The writ petition was held to be not maintainable and dismissed, along with all related applications. Any interim direction was also vacated.
2. Petitioner responded to the said notification by filing her application which was rejected on the ground that she does not have the actual practice of two years at Bar and has failed to produce the requisite certificate to this effect.
3. It is this rejection of her candidature that has prompted the petitioner to assail it and seek the quashment of Notification dated 26.03.2011, published in daily Newspaper Greater Kashmir on 31.03.2011, so far it pertained to the rejection of her candidature, by a writ of certiorari. Besides the petitioner has also sought writ of mandamus against the respondent to the effect that she be allowed to participate in the selection process and her interview be conducted.
4. This court considered the matter on 7th of April, 2011 and asked the respondent to interview the petitioner also.
5. The claim of the petitioner is resisted by the respondent on the ground that she was not having two years actual practice at Bar as was required, therefore, was ineligible to participate in the selection process. It is apt to reproduce Para 7 and 8 of the said reply herein:
"7. On scrutiny of documents for determination of eligibility of 3 candidates, the application form of the petitioner was found deficient and accordingly vide Commission's letter No. PSC/DR/ALR/PLO/2010 dated 11.03.2011, the petitioner was advised to make up the following deficiencies within 5 days:-
a. Experience Certificate of 2 years from Principal District & Sessions Judge concerned.
b. All Marks Cards of LLB.
c. Certificate of enrollment as an Advocate
The Petitioner submitted some documents and on scrutiny of her documents, it was revealed that she qualified LLB degree on 02.04.2005 and was enrolled as an Advocate provisionally on 13.11.2006. Petitioner on the other hand had been admitted in LLM 1st year on 13.06.2005. Result of her final year LLM was declared on 11.07.2008. Besides, she was appointed as Lecturer in Kashmir Law College from 08.10.2009 till 17.03.2011. 8. Petitioner, ex facie, seemed to lack requisite actual bar practice, therefore, vide letter dated 19.03.2011 was asked to explain as to how she could claim actual bar practice when she was under going LLM course in University of Kashmir or/was doing job in Law College Nowshehra. Petitioner in response to said letter filed an application claiming therein that she had actual practice of two years at bar w.e.f. 1st September, 2007 to October, 2009, however, could not produce any certificate of such actual bar practice from the competent authority."
6. The stand of the respondents, to the effect of petitioner, having failed to submit the certificate of two years actual practice at Bar, is vindicated, for, admittedly petitioner has not submitted any such certificate before it or before this Court. This reason does not seem to be too little to hold petitioner ineligible.
Even otherwise petitioner qualified her LLB 3 years course in April, 2005 and got admission in LLM Final Examination in June, 2005 and she was granted licence to practice law on 13th of November, 2006; and she was admittedly at that time pursuing LLM course and her result of LLM course was declared on 11th of July, 2008. Thereafter the petitioner came to be appointed as Lecturer in Kashmir Law College Nowshehra on 8th of October, 2009. Perhaps because of being admitted and pursuing the LLM course the petitioner stayed away from the practice and that is why she could not obtain and produce the certificate from the concerned court-competent authority.
7. In terms of mandate of Section 24 of The Advocates
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