MARIMUTHU P (Legal Practioner) 04 November 2011

Bar council enrollment

Sir, I respectfully submit herewith that I have completed all the formalities regading enrollment with Bar Council of India. That I have been given enrollment number also but with a discrepancy to be rectified agiansy my enrollment number.

The discrepancy is: I did join LLB in 2006 when I was in a bank job. But I did not take permission from my bank as the course is in evening only. whereas I have mentioned in the University application form about my employment and my designation.

Now BCI staff who had verifyied my certificates and documents are asking me to submit the permission leter from the bank for joining the course. I have narrated my inability as I am no more the employee of the bank because of myvoluntary retirement from the bank in 2009, to join the legal profession. And I am not permitted to apply for the ID card etc., It is said by the staff that without rectifying the discrepancy, I will not be issued the certificate of enrollment, ID card and intimation letter with out which I cannot apply for the BCI exam also.

Can any of the senior advocates guide me in this regard. I will be thankful to them for guiding me in this regard.

Thanks.

With regards.

MARIMUTHU.P

Reply Follow

3 Replies

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 05 November 2011

Dear Friend

Meet any Local lawyer if your area

ASHWANI KUMAR RATHORE (ADVOCATE) 05 November 2011

Dear friend Without NOC Bar council will not consider your request, It is better you consult with your near & dear practising lawyer. he will suggest u way..

A. A. JOSE (LAWYER; LEGAL ADVISER/CONSULTANT& TRAINER) 05 November 2011

It is my personal view that the demand of NOC , obtained by you from your ex-employer for prosecution of higher study, i..e LL.B., from the University by evenininjg course, by the BCI staff as a codition precedent to your enrolment as an Advocate is illegal, unwarranted and unsustainable.

In fact such an NOC might have been a requirement of your employer under the service rules governing your employement and if that was not obtained, the employer has a right to proceed against you under the service rules. Further, some of the Universities also require such NOC from employed applicants seeking admission to LL.B course. Now that neither your employer nor your University had objected to your pursuing the LL.B course and that you have obviously obtained the LL.B Degree from the College/University recognised by the Bar Council, it is unjustified on the part of the BCI to unnecessarily require you to produce the NOC from the employer for doing the LL.B Course. It is not the concern of the BCI as to whether you obtained the NOC from the employer or not, but the BCI staff has to verify as to whether you have obtained the degree of LL.B., after undertaking the prescribed course of studies from a College/University recognised by the Bar Council. Therefore, you should personally represent to the top authorities of the BCI and if they still insist upon the NOC issue, it is felt advisable for your to challenge their decision by filing a Writ Petition in the High Court .

Best wishes,