C/SCA/8186/2019 JUDGMENT

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/SPECIAL CIVIL APPLICATION NO. 8186 of 2019

FOR APPROVAL AND SIGNATURE:

HONOURABLE MR.JUSTICE A.Y. KOGJE

Sd/-

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1 Whether Reporters of Local Papers may be allowed to

see the judgment ?

No

2 To be referred to the Reporter or not ?

No

3 Whether their Lordships wish to see the fair copy of the

judgment ?

No

4 Whether this case involves a substantial question of law

as to the interpretation of the Constitution of India or any

order made thereunder ?

No

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NANDISH HEMANG SHAH

Versus

BAR COUNCIL OF INDIA

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Appearance:

MR MITUL SHELAT with MS DISHA N NANAVATY(2957) for the Petitioner(s)

No. 1

MR MANAN A SHAH(5412) for the Respondent(s) No. 1

RC JANI AND ASSOCIATE(6436) for the Respondent(s) No. 2

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CORAM: HONOURABLE MR.JUSTICE A.Y. KOGJE

Date : 15/07/2019

ORAL JUDGMENT

1.

RULE. Learned Advocate Mr.Manan Shah waives

service of Rule on behalf of respondent No.1 and learned

Advocate Mr.R.C.Jani waives service of Rule on behalf of

respondent No.2.

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C/SCA/8186/2019 JUDGMENT

2.

This petition is filed under Article 226 of the

Constitution of India seeking direction to quash and set

aside notification dated 26.03.2019 issued by respondent

No.1–Bar Council of India (BCI) and seeking further

direction to declare result of the petitioner of All

India Bar Examination (AIBE) conducted on 23.12.2018. It

is further prayed for direction respondent No.2–Bar

Council of Gujarat (BCG) to issue certificate of

enrollment as provided under Section 22 of the Advocates

Act, 1961.

3.

Learned Advocate for the petitioner submitted

that the petitioner had cleared degree examination for

Bachelor of Law (LLB) from Mumbai University in May 2018.

Accordingly, the petitioner applied to BCG on 26.09.2018

with requisite fees. Considering the application, BCG

addressed letter dated 07.12.2018 informing about

resolution of the Enrollment Committee. The resolution

was to the effect that the petitioner would be enrolled

provisionally upon undertaking given by him in respect of

genuineness of mark sheet or certificates of other State

University submitted along with enrollment application

and also an undertaking that if upon verification, the

certificate or mark sheet are found to be fake or forged,

the provisional enrollment shall be surrendered. On the

basis of the provisional enrollment, the petitioner was

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C/SCA/8186/2019 JUDGMENT

permitted to appear in AIBE conducted by Bar Council of

India.

3.1

It is submitted that on account of procedural

requirement of verification certificate as well as some

technical problem with regard to server, the petitioner

and other similarly situated candidates did not receive

their respective admit cards for AIBE and hence, the

petitioner filed SCA No.20367 of 2018 before this Court

and this Court by order dated 21.12.2018 directed

issuance of admit card to the petitioner to attend AIBE.

3.2

BCG issued yet another communication dated

05.03.2019 entering the name of the petitioner on the

roll of BCG as Advocate. However, was restrained from

appearing and arguing any case in any Court of India in

view of pending result of AIBE. The petitioner, under

circular No.4 of 2013 dated 12.04.2013 of BCI, was

permitted to provisionally practice for a pe