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Pursuing LL.M. course does not count as a break in law practice:Delhi High Court

Team SoOLEGAL 13 Apr 2023 11:31am

Pursuing LL.M. course does not count as a break in law practice:Delhi High Court

New Delhi: The Delhi High Court has ruled that obtaining a Master's degree in law does not constitute an interruption in a lawyer's practice [Karan Antil v. High Court of Delhi].

The Court cited a Bar Council of India (BCI) order from December 2009 and the Supreme Court's observations in the Deepak Aggarwal case to hold that an advocate would be deemed in practice while pursuing a full-time LL.M. course as a normal student.

A Division Bench of Justices Vibhu Bakhru and Amit Mahajan further stated that the Delhi Higher Judicial Services (DHJS) eligibility condition of being in practice for seven years does not necessitate any investigation into an advocate's real area of practice.

The court observed, “if a person is enrolled as an advocate for a period of seven years prior to the date of the application, he would satisfy the eligibility criteria unless it is established that he was not entitled for being so enrolled as an advocate; had suspended his practice either voluntarily or otherwise; or had accepted an engagement or vocation, which was impermissible as an advocate."

The Court was hearing a plea filed by Karan Antil, a candidate who had taken the DHJS tests. On various grounds, Antil contested the inclusion of three people in the list of candidates. One of the candidates' eligibility was questioned because he had completed a full-time Master of Laws programme at the University College London (UCL) from September 2015 to June 2016. As a result, the respondent's continuous period of practice had to begin in June 2016.

After reviewing the evidence, the Bench determined that the petitioner would be eligible for inclusion in the list of selected candidates only if he successfully challenged the appointment of all three applicants. As a result, the Court agreed to deal with the challenge to the eligibility of the candidate whose appointment was challenged due to his education which took place in abroad.

It studied Article 233 (2) of the Indian Constitution and Rule 9(2) of the DHJS regulations to conclude that there is no substantive difference between the two provisions in the qualifying conditions for an advocate to be appointed as a district judge.

"We reject the contention that Rule 9(2) of the DHJS Rules contemplates the condition of active practice as an advocate, in addition to the eligibility criteria stipulated under Article 233(2) of the Constitution of India. We are of the view that Rule 9(2) of the DHJS Rules has to be read, embodying the eligibility criteria for appointment of an advocate as set out in Article 233(2) of the Constitution of India."

The Court also rejected the argument that the requirement of seven years' standing at the Bar is materially different from the phrase "must have practiced as an advocate" as contained in the DHJS Rules.

The petitioner was represented by Senior Advocate Akhil Sibal and Advocate Praveen Kumar.

 



Tagged: LL.M. course  
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