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2018 Supreme(P&H) 4293

A.B.CHAUDHARI, KULDIP SINGH
Seema Devi – Appellant
Versus
State Of Haryana – Respondent


Advocates Appeared:
Ferry Sofat, Advocate, for the Petitioner; Vivek Saini, DAG Haryana, for the Appearing Party; Kanwal Goyal, Advocate, for the Respondent No. 2; Amit Khatkhar, Advocate, for the Respondent No. 3

JUDGMENT

Kuldip Singh, J. - Petitioner is serving as a Constable in Haryana Police Academy since 2008. At that time, she was in third year of her law course. After getting permission from department, she completed her LL.B course in the year 2009. Respondent No. 2 had advertised 180 posts of Assistant District Attorney (Group 'B') on 9.5.2017, wherein following essential qualifications were laid down :-

    'Essential Qualifications for the post of Assistant District Attorney in Prosecution, Haryana

    (i) Degree of Bachelor of Laws (Professional) of a recognized University.

    (ii) Should have enrolled as an Advocate with Bar Council.

    (iii) Hindi/Sanskrit upto Matric standard or higher.'

    2. In the said advertisement, no experience for an Advocate is required. It is further stated that Rule 49 of Bar Council of India Rules bars the Government servant from practising as an Advocate as long as he/she continues in such Government service. Due to said rule, petitioner did not enroll herself with Bar Council. The advocate, who join Government service or private service or service on contact basis, has to surrender his/her sanad/licence. It is claimed by petitioner that since no experience was requ

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