The Supreme Court is set to hear on March 4 a petition challenging the Gujarat High Court's interim order, which permitted two law graduates from unrecognized institutions to appear for the civil judge examinations.

Recently, the High Court bench of Justice Nirzar S Desai directed the State Bar Council to issue provisional certificates of practice to two law graduates from an unrecognized institution, allowing them to participate in the civil judge recruitment process.

The matter was brought before the bench of Justice B.R. Gavai and Justice A.G. Masih. Justice Gavai instructed the counsel to file an interim application and directed that the case be scheduled for a hearing on Tuesday, March 4, before the present bench. The exchange proceeded as follows:

Justice Gavai: " Why don't you file an IA (Interim application), When is the exam? "

Counsel: " I don't know but seems to be immediate"

Justice Gavai :" Ask the AOR to prepare an IA today itself, we will list it on Tuesday.....you draft it today, and give a notice to the Bar Council of India, BCI will also be affected, how can by an interim order such a...."

Counsel: "It cannot be done, they cannot change the qualification"

The petitioner argued that the institution from which they obtained their LL.B. degree is not recognized. It was also informed that the institution had filed a petition before the High Court last year, which is still pending. Additionally, the court was apprised that similar petitions have been filed by at least 20 other colleges or their students.

The court was informed that in Saiyed Mahammadjuber Yunusbhai & Others v. Bar Council of Gujarat & Others, the issue concerned allowing the petitioners to appear for the All India Bar Examination based on a provisional certificate issued by the Bar Council of Gujarat. The petitioners in that case were granted permission to appear for the exam.

The court was informed that a certificate of practice is essential to determine whether an individual is a practicing advocate. As per the advertisement, applicants are only required to mention the duration of their practice while filling out the form. Therefore, the certificate serves as a safeguard to ensure that the applicant is indeed a practicing advocate and not a non-practicing one.

The high court thereafter said, "Considering the above submissions as well as order dated 21.10.2024 passed in Special Civil Application No. 13048 of 2024 alongwith the order of note for speaking to minutes dated 23.10.2024, the Court, prima facie, finds that in the past also, the respondent – Bar Council of Gujarat has issued such certificate of practice on the basis of which the concerned applicants were permitted to appear in the All India Bar examination. Here the purpose may be different but at the same time, the fact remains that the petitioners who have studied from a college which is now facing the issue related to recognition and for which the petition is pending before this Court wherein the relief is granted, the present petitioners also deserve to be considered for the grant of relief, simply for the reason that at the outset, a statement is made by learned advocate Mr. Jha that the petitioners only seek participation in the recruitment process and until the issue about recognition is decided, the petitioner shall not claim appointment on the post even, if, they are selected".