Karnataka High Court Facilitates Timely Enrolment of Advocates Amid AIBE Validity Extension
Petitioners' Applications to be Processed Without Precondition of Document Verification; Court Observes Extended AIBE Results Validity
In a significant judgment, the Karnataka High Court has directed the Karnataka State Bar Council (KSBC) to expedite the processing of applications for enrolment as Advocates. This comes after the Bar Council of India extended the validity of All India Bar Examination (AIBE) results until March 21, 2026, allowing petitioners ample time to complete necessary documentation for enrolment.
The case was brought forward by petitioners led by S Gowri Shankar, who sought relief from the Karnataka High Court against delays in processing their enrolment applications. The petitioners challenged the requirement of prior document verification, arguing that it was causing undue delays, especially given the impending expiry of the AIBE results validity.
In the judgment delivered by Justice Suraj Govindaraj, the Karnataka High Court acknowledged the petitioners' concerns and directed KSBC to process applications within the extended validity period. The court emphasized that KSBC should adhere strictly to the procedures outlined under the Advocates Act, 1961, without imposing additional preconditions. Furthermore, KSBC was urged to issue reminders to petitioners for any outstanding documents to ensure timely enrolment.
The issue of document verification charges levied by KSBC, which amounts to Rs. 2,500, was also addressed. However, as this matter is currently pending before the Supreme Court in a separate proceeding (W.P.No.352/2023), the High Court refrained from passing orders on the refund of these charges.
Additionally, the petitioners requested that the enrolment application fee of Rs. 300 already paid be adjusted against the final enrolment fee, and sought compensation for delays in the issuance of their provisional degree certificates and passing certificates. While the High Court disposed of the petition considering the extensions granted, these ancillary requests remain subject to further administrative decisions.
The judgment highlights the need for efficient administrative processes in legal enrolment and underscores the importance of accommodating students and new entrants into the legal profession. By extending the AIBE results validity, the Bar Council of India has provided a crucial window for applicants facing procedural delays.
The Karnataka High Court's decision is pivotal in ensuring that the procedural hurdles do not impede the enrolment of qualified law graduates, thereby fostering a smoother transition for new advocates entering the legal field.
Bottom Line:
The Karnataka High Court directed the Karnataka State Bar Council to process the petitioners' applications for enrolment as Advocates within the extended validity of AIBE results, ensuring timely enrolment while addressing document submission requirements.
Statutory provision(s): Advocates Act, 1961
S Gowri Shankar v. Karantaka State Bar Council, (Karnataka) : Law Finder Doc Id # 2798382
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