November 25, 2024

Maharastra Bar Council decides to grant a two year provisional sanad to those employed | India News

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MUMBAI: Bar Council of Maharashtra and Goa recently resolved that its office is directed to follow the procedure laid down last August by the Supreme Court and issue two year provisional enrolment certificate to a law graduate already employed elsewhere.
The State Bar Council in July resolved that such certificate will have a stamp of validity of two years and its office will also issue a letter that says on successfully clearing the AIBE examination such person would undertake to take a call within six months to either resign or join the profession or remain in the same job. Failure to so communicate to the Bar Council will render the sanad (enrolment certificate) suspended as directed by the SC.
The State Bar Council secretary Pravin Ranpise had on September 13 communicated its resolution of July 8, to advocates Anuj Gupta and Amit Gupta from Navi Mumbai who had complained about “exorbitant charges levied while issuing sanads bering arbitrary validity periods.’’ They said Rs 15000 each was charged from them towards a six month provisional enrolment into the Bar which they had paid last December.
Last December the State Bar council in its decision on Gupta’s application, post the SC ruling to enrol while having a job, had resolved to grant provisional enrolment certificates to candidates already in other jobs and gave the candidate six months within which to clear the bar examination.
The duo said the SC had in its order only assigned six month from the date of passing the All India Bar Exam (AIBE) for an undertaking to be given on whether or not the sanad holder will give up their existing jobs.
Gupta filed an application under the Right to Information Act (RTI) with the Bar Council of India (BCI) which on March 29, 2023 stated that candidates already in other employment are required to clear the AIBE in two years and are also entitled to appear for the AIBE sans any restriction on number of attempts.
The duo claimed that reducing the validity period to six months in their case was improper.
But with the Maharashtra State Bar Council order issued this month, advocate Anuj Gupta said it paves the way for them and hundreds others who are employed but can now also get a provisional sanad for two years within which to clear the AIBE after which they will get six months to decide whether to join the bar and practice law or stay in the job they had.
“We are happy with the SC order and will abide by it. The two year buffer will enable professionals or those already employed elsewhere to decide if they want to practice or continue in their existing jobs,” said advocate Uday Warunjikar, vice chairperson of State Bar Council.



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