IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Rajan Gupta, Karamjit Singh, JJ.
Monika Dudani Mehtab - Appellant
Versus
Punjab And Haryana High Court - Respondent
CWP-4406-2021
Decided On : 26-02-2021
Certificate - Practice Experience - Advocates Act, 1961 - [Advocates Act, 1961] - [Article 226/227 of the Constitution of India] - [Summary: The court dismissed the petition seeking a writ of Certiorari to quash an impugned certificate issued by the respondent, stating that the petitioner's practice experience was only 2 years, despite her actual experience of over 8 years. The court held that the issuance of experience/character certificate is the obligation of the Bar Council/Bar Association of the State/High Court where the lawyer is practicing. The court also noted that there is no mechanism for the court to verify personal data of practicing lawyers and upheld the impugned certificate based on the certificate issued by the Punjab and Haryana High Court Bar Association.]
Fact of the Case:
The petitioner, a practicing lawyer, sought a writ to quash an impugned certificate issued by the respondent, which stated her practice experience in the High Court as 2 years, despite her actual experience of over 8 years. The petitioner requested a proper certificate reflecting her actual experience and character.
Finding of the Court:
The court found that the issuance of experience/character certificate is the obligation of the Bar Council/Bar Association of the State/High Court where the lawyer is practicing. The court also noted that there is no mechanism for the court to verify personal data of practicing lawyers and upheld the impugned certificate based on the certificate issued by the Punjab and Haryana High Court Bar Association.
Issues: The issues revolved around the validity of the impugned certificate issued by the respondent, the obligation of the court to issue experience/character certificate, and the discrepancy between the petitioner's actual practice experience and the certificate issued by the respondent.
Ratio Decidendi: The court held that the issuance of experience/character certificate is the obligation of the Bar Council/Bar Association of the State/High Court where the lawyer is practicing. The court also noted that there is no mechanism for the court to verify personal data of practicing lawyers and upheld the impugned certificate based on the certificate issued by the Punjab and Haryana High Court Bar Association.
Final Decision: The writ petition was dismissed by the court, deeming it devoid of merits.
JUDGMENT
Karamjit Singh. J. - Case has been heard through video conferencing on account of COVID-19 Pandemic.
2. The petitioner has filed the present petition under Article 226/227 of the Constitution of India for issuance of a writ in the nature of Certiorari for quashing of impugned certificate dated 17.2.2021 (Annexure P-l) issued by the respondent, it being not in consonance with realism regarding the length of her actual practice before this High Court. She further made prayer in the nature of mandamus to direct the respondent to issue proper certificate regarding length of actual practice and character of the petitioner.
3. The case of the petitioner in brief is that she is a practicing Lawyer, enrolled with Bar Council of Delhi vide enrolment No.D/3311/2012. The experience certificate dated 12.2.2021 (Annexure P-2) has been issued in the name of the petitioner by the said Bar Council. Owing to the professional commitments of the petitioner's husband, she is having her abode in Delhi as well as in Chandigarh. She has been regularly appearing before this High Court as an Advocate since November, 2012 as is evident from catalogue (Annexure P-3) downloaded from the official website of the Court. The copies of some of the judgments pronounced in the cases filed and argued by the petitioner in this High Court are annexed as Annexure P-4 (collectively). The petitioner's standing at the Bar is over 8 years. The petitioner aspires to appear in competitive examination for direct recruitment to the cadre of District Judge 2020 regarding which applications have been called by the Rajasthan High Court at Jodhpur and last date of submission of applications is 27.2.2021. With regard to the same, she approached the respondent vide application dated 10.2.2021 (Annexure P-6) for issuance of 'character and length of actual practice certificate', in the format as prescribed by the Rajasthan High Court vide Notification dated 5.1.2021 (Annexure P-5). In response to the same, the respondent issued impugned certificate (Annexure P-l), which states as follow:-
".....She has been ordinarily and continuously practicing in this High Court for the last 02 years i.e. from 24.07.2018 till today..."
4. The said certificate is totally wrong as the petitioner has actual experience as a practicing lawyer for a period of more than 8 years. She is entitled to get new certificate showing her actual experience as an Advocate.
5. Mr. Ranjit Singh Kalra, Advocate who was having advance copy of the petition, appeared on behalf of the respondent. Short reply to the writ petition on behalf of the respondent was filed, contesting the claim of the petitioner.
6. We have heard the petitioner and the counsel for the respondent.
7. The petitioner submitted that she is practicing as a lawyer since 2012 and enrolled with Bar Council of Delhi vide enrolment No.D-3311/2012 and on the basis of same the Bar Council of Delhi issued experience certificate dated 12.2.2021 (Annexure P-2) to her. However, when she made request to the respondent to issue similar certificate regarding her experience as a practicing lawyer in this High Court, she was issued impugned certificate showing her experience at 'Bar' to be that of two years only. The impugned certificate is dated 17.2.2021. While assailing the said certificate, the petitioner referred to different judgments and orders Annexure P-4 (collectively) spanning from February 2013 to October 2019, wherein she appeared as an Advocate on behalf of the petitioner(s) (therein). She further contended that she is having continuous experience of more than eight years as a practicing Lawyer in this High Court. The petitioner further contended that the proper certificate with regard to her experience and character be issued by the respondent in place of impugned certificate (Annexure P-2).On the other hand, the counsel for the respondent submitted that she enrolled with Punjab and Haryana High Court Bar Association on 24.7.2018 and on the basis o
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