Gujarat HC Stays Interim Order Directing State Bar Council To Issue Provisional Practice Certificate To 2 Law Graduates From Unrecognized College

" The learned Single Judge, while granting the interim relief, has not discussed about the Rules, as mentioned hereinabove and the effect of such Rules. The high court noted that the single judge in his order did not discuss Rule 7 of the Gujarat State Judicial Service Rules, 2005, which requires candidates to be practicing advocates on the last date for submission of application, underscoring that the single judge was required to delve into the Rules. The Gujarat High Court on Thursday stayed the interim order passed by the single judge directing the Bar Council of Gujarat to issue provisional Certificate of Practice to two law graduates from an unrecognized college, so as to enable them to apply for Civil Judges recruitment process. We do not find any findings dealing with the Rules of the Gujarat State Judicial Service Rules, 2005 and also the provisions of the Background The bench was hearing an appeal challenging a February 24 interim order of the Single Jude where the State Bar Council was directed to issue Provisional Certificate of Practice to the two persons allowing them to participate in the recruitment process for Civil Judge. It said, “None of the petitioners are able to point out that under which provisions of law, they can be allowed to appear in the recruitment process, even though they are not eligible as per the requirement of Rule 7 of the Gujarat State Judicial Service Rule, 2005 nor they have able to satisfy that they are holding the Provisional Certificate issued by the authorities, as mentioned in Clause 6.” Issuing notice on the plea the court stayed the interim order of February 24.