No provision under Advocates Act, 1961 for temporary enrolment as an advocate

Gujarat High Court: While dismissing an appeal filed by a respondent petitioner who applied for a certificate of practice to the Bar Council of Gujarat while simultaneously rendering services at a corporation, the Division Bench of R. Subhash Reddy, CJ and Vipul M. Pancholi, J said that an advocate who works as a full-time salaried employee of any person, government, firm, corporation or concern, is not entitled to grant of certificate of practice under the Advocates Act, 1961 in view of Rule 49 of the Bar Council of India Rules.

In the instant case, relief was granted previously by means of a writ petition in this Court by a Single Judge to the respondent-petitioner who, having cleared the Bar Council Examination claimed allotment of a temporary enrolment number in the Bar Council of Gujarat. Also, she contended that contractual arrangement of her service with the corporation could not be viewed as employment and it was her case that remuneration paid to her was not by way of salary, as such, there was no employee-employer relationship.

The Court, in view of the conditions of service contract of the corporation observed that the respondent-petitioner was a full-time salaried employee of the corporation, she is not entitled to practice as advocate so long as she continues in such employment and was barred under Rule 49 of the Rules. [Bar Council of Gujarat v. Jalpa Pradeepbhai Desai, 2016 SCC OnLine Guj 5080, decided on 25.12.2016]

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