NANDISH HEMANG SHAH Vs. BAR COUNCIL OF INDIA

JUDGEMENT

(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.

(2.) This petition is filed under Art. 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 Sec. 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 permitted to appear in AIBE conducted by Bar Council of India.