Seniority of Advocates
Tejvir Singh
(Querist) 23 July 2011
This query is : Resolved
I have recently completed my LL.B. studies and thereafter applied for
certificate of enrolment to the State Bar Council(hereinafter refered
to as SBC) on 6th July,2011. SBC officials told me that I will get my
certificate of enrolment after considering all necessary documents in
meeting of 'Enrolment Committee' to be held on 26th July 2011. So
certificate of enrolment is expected to be issued to me in 1st or 2nd
week of August.
It is to be worth mentioning here that some candidates of my batch
got certificate of enrolment on the same day i.e. on the day when they
applied for certificate of enrolment, by simply paying additional fee
of Rs.3000 under 'Tatkaal Scheme'. Thus SBC issued them certificate of
enrolment, depicting on it the date of enrolment, even before meeting
of 'Enrolment Committee'.
On the contrary I will get my certificate of enrolment in the month
of August, depicting date of August as date of enrolment, even though
I had applied for the same prior to those applying under 'Tatkaal
Scheme'.
My queries to experts are as under:-
1. Because date of enrolment is the criteria to determine the
'Seniority of Advocates', is there any loss to me by abovesaid act of
SBC?
2. Whether abovesaid act of SBC is violative of Article 14 of
Constitution of India and infringing my Right to Equality, reason
being a person would get preference in getting certificate of
enrolment only because he has paid additional amount of Rs.3000 under
so called 'Tatkaal Scheme'
3. Will it effect me in any way in my future if an Advocate is senior
to me only 30 or 40 days? If yes, in what way?
4. Whether 'Tatkaal Scheme' made by SBC, which enables a candidate to
obtain certificate of enrolment on the very date of application by
paying Rs.3000 in addition to application fee, is null and void being
violative of Article 14? Moreover under 'Tatkaal Scheme', no proof of
urgency(Tatkaal) is required to be furnished by candidate applying for
same.
5. If said act of SBC is against legal principles, to whom complaint
can be made against SBC for said the violative act?
6. Whether or not filing a Writ against SBC is an appropriate remedy?
Hoping for a prompt response. With regards:- TEJVIR SINGH
Y V Vishweshwar Rao
(Expert) 24 July 2011
On Application for enrollment- there will be a day fixed for enrollment - as Advocate- on that day the Individual will be enrolled as Advocate - it will be certified that Shri----------- is enrolled as advocate on XX-7-2011- the said date is the date of enrollment date- whether the Certificate is issued on the same day or after some time!
R.Ramachandran
(Expert) 24 July 2011
Dear Mr. Tejvir,
The seniority of any Advocate with reference to enrolment is limited only for the purposes of eligibility condition for consideration for Sr. Advocate, Judgeship, Advocate on Record examination, or other Examinations. Except this nothing.
However, I do not think that the "Tatkal Scheme" in any way infringes Art. 14. It is an option available to every one who wants to get themselves enrolled. There is no discrimination in availability of option. Those who opt and spent get their enrolment processed on priority and those who go by regular process get their enrolment little late. That's all to it.
M V Gupta
(Expert) 24 July 2011
I have not come across any tatkal scheme for enrollment of Advocates. With respect to the concerned SBC, in my humble opinion such a scheme is not desirable as issuing of enrollment certificates without decision by the Committee for enrollment and consideration of the documents furnished is not proper. It may lead to fraudulent enrollments.
RAJU O.F.,
(Expert) 25 July 2011
I feel the tatkaal scheme, if true, for enrollment as an advocate, is unethical and hence the said State Bar Council must rethink to continue the scheme.
For the practice as a good advocate, don't disheartened for the loss of seniority. Work hard honestly to be a notable lawyer sought by every needy client.
R.Ramachandran
(Expert) 07 August 2011
Dear Mr. Gupta,
Such a Tatkal Scheme is available in Delhi Bar Council.
It is not the enrolment certificate is being issued without decision by the Committee for enrollment and consideration of the documents furnished is not proper. On the contrary, while the normal sitting of the empanelment committee takes place once in 15 or 21 days, in the Tatkal Scheme, the documents move by circulation to the Committee members on the same day/next day and gets cleared.
