Gujarat HC allows two law graduates from allegedly unrecognized institute to participate in Civil Judge recruitment process

Gujarat High Court: In a civil application filed by two law graduates seeking permission to participate in the Civil Judge recruitment process despite the recognition status of their institute being disputed, a Single Judge Bench of Nirzar S. Desai, J., allowed the application and directed the Bar Council of Gujarat to issue provisional certificates of practice.

Background

The institute from which the petitioners had completed their LL.B. was not considered to be a recognized institution. Cases were pending against the petitioners’ college as well as 20 other colleges. The petitioners filed the present application seeking participation in the recruitment process for Civil Judges, and clarified that even if they were selected, until the dispute was resolved, they should not claim an appointment based on mere participation.

The respondent-Court contended that a certificate of practice was required to ascertain whether a person was a practicing advocate since the application for recruitment as a Civil Judge only needed proof of a certain duration of practice.

Analysis

The Court relied on the decision in Saiyed Mahammadjuber Yunusbhai v. Bar Council of Gujarat¹, wherein the Court allowed similarly placed law graduates to appear in the All India Bar Exam, 2024, and the Bar Council of Gujarat issued the provisional certificates of practice. The Court stated that similarly, in the present case, the petitioners deserved to be considered for the grant of relief, especially because they were merely seeking participation in the recruitment process.

Thus, the Court directed the Bar Council of Gujarat to issue provisional certificates of practice to the petitioners and the Court to allow the petitioners to participate in the recruitment process for the post of Civil Judges. However, no appointment was to be given to the petitioners, even if they succeeded, till the recognition dispute of their college was decided by the Court.

[Neha Vivek Dwivedi v. High Court of Gujarat, R/Special Civil Application No. 2403 of 2025, decided on 24-02-2025]

Advocates who appeared in this case:

For the petitioners: Sudhanshu A Jha

For the respondents: AGP Tanushree Shrimal, MJ Mehta, Nandish H Shah, and Saurabh J Mehta