Back
Directs Bar Council to Clear Enrolment Applications by September 9
In a significant order addressing delays in the enrolment of new advocates, the has directed the to dispose of all pending applications for enrolment as advocates on or before . The Court observed that the prolonged pendency of such applications was adversely affecting the of aspiring legal professionals.
The Case: A Law Graduate’s Wait for Enrolment
The petition was filed by Surendra Khinchi , a 2025 law graduate from , who had applied for enrolment as an advocate with the . Despite submitting all necessary documents and fees, his application remained unresolved, allegedly due to the ongoing election process within the Bar Council.
Mr. Khinchi argued that the delay not only hindered his ability to commence legal practice but also jeopardized his professional career and livelihood. Citing , he contended that if a State Bar Council is unable to perform its functions, enrolment-related work should be carried out by the High Court. He sought a direction to either expedite the enrolment process or have his enrolment undertaken under Section 58.
Arguments from Both Sides
The petitioner’s counsel, , emphasized that the non-enrolment had caused “considerable hardship” and that the enrolment process could not be “kept pending infinitely” due to administrative reasons. He pointed to Section 58 as a fallback mechanism to prevent indefinite delays.
On behalf of the respondents, counsel (representing the ) and other advocates submitted that no enrolment-related work was being carried out because the Bar Council’s election process was underway. They also informed the Court that an ad-hoc committee constituted on , for handling enrolments had been dissolved by a on , leaving no committee in place to process applications.
Court’s Legal Analysis
Justice Shubha Mehta took cognizance of the fact that the Bar Council’s election process had since concluded and results had been declared. The Court noted that along with the petitioner’s application, numerous similar applications were also pending. Highlighting the adverse impact on the candidates, the Court stated:
“Delay in enrolment was causing difficulty to the candidates and was adversely affecting their .”
The Court emphasized that the enrolment process could not be stalled indefinitely due to elections or administrative bottlenecks. It observed that the situation directly implicated the candidates’ to pursue their chosen profession, as guaranteed under Article 21 of the .
Decision and Directions
Accepting the petition, the Court issued the following directions:
- The was ordered to dispose of all pending applications for enrolment as advocates, as on the date of the order, by .
- The disposal must be carried out in accordance with the prescribed procedure.
- The Bar Council must inform all concerned candidates of the outcome.
The Court also disposed of all pending interim applications.
Implications of the Order
This ruling reinforces the principle that administrative delays—including those caused by internal elections—cannot be allowed to indefinitely postpone the enrolment of qualified law graduates. By setting a concrete deadline and invoking the , the High Court has sent a clear message to all State Bar Councils to streamline their enrolment processes. For aspiring advocates across Rajasthan, the order brings hope that their professional journeys will no longer be held hostage by procedural inertia.
