A Law Graduate Pursuing Higher Studies in The Field of Law(LLM or LLD) would be treated as actual practice in bar
The High Court of Jammu and Kashmir in an order dated 07/09/2017 has specifically ruled that a law graduate pursuing higher studies in the field of law would be treated in actual practice.
In the case of Tahir Ahmed Dar vs State of J&K ( SWPNo.1127/2016) Justice Mohammad Yaqoob Mir of Jammu and Kashmir High Court observed that "A law graduate when enrolled on the rolls of Bar Council has to be treated in actual practice or treated to have standing at Bar as long as he remains connected with legal profession only which include higher studies in law i.e. LL.M or LL.D, drafting of petitions, consultation which, in effect, would mean that he is practicing law "
In this case one Mr. Tahir Ahmad Dar made an objection to an appointment for the post of Legal Assistant in the State Law Department, contending that the selected candidate did not have the requisite experience of “two years’ actual practice at bar"
The petitioner also contended before the court that the experience of the selected candidate should have been calculated after deducting the time spent in pursuing an LL.M. He had submitted that the time spent in pursuing higher studies would not come under the purview of the phrase “actual practice at bar”
However the Court after considering various judgments of other High Courts and Webster Law Dictionary held that "In essence, both the two expressions, actual practice at Bar and standing practice at bar in the context of job requirement, stand on the same footing. The two expressions cannot be given two different meanings in the context of job profile."
In this case the court issued following directions:
" 1. Whenever an actual practice certificate or a certificate regarding standing at Bar is to be issued, High Court of J&K (Grant of Actual Bar Practice Certificate) Procedure Order, 1995 issued vide order No352 dated 26.08.1995 shall be strictly followed
2. A law graduate when enrolled on the rolls of Bar Council has to be treated in actual practice or treated to have standing at Bar as long as he remains connected with legal profession only which include higher studies in law i.e. LL.M or LL.D, drafting of petitions, consultation which, in effect, would mean that he is practicing law.
3. Appearance in the courts in connection with cases is not the only factor for grant of practice certificate
4. A law graduate who though enrolled as an advocate but is not connected with the profession of law or is in regular service of the Government of any other establishment, institution, unconnected with profession
of law, in short pursuing any other full time avocationunrelated with the profession of law, shall not be treated to have standing at Bar or to be in actual practice at Bar."
The High Court of Jammu and Kashmir in an order dated 07/09/2017 has specifically ruled that a law graduate pursuing higher studies in the field of law would be treated in actual practice.
In this case one Mr. Tahir Ahmad Dar made an objection to an appointment for the post of Legal Assistant in the State Law Department, contending that the selected candidate did not have the requisite experience of “two years’ actual practice at bar"
The petitioner also contended before the court that the experience of the selected candidate should have been calculated after deducting the time spent in pursuing an LL.M. He had submitted that the time spent in pursuing higher studies would not come under the purview of the phrase “actual practice at bar”
However the Court after considering various judgments of other High Courts and Webster Law Dictionary held that "In essence, both the two expressions, actual practice at Bar and standing practice at bar in the context of job requirement, stand on the same footing. The two expressions cannot be given two different meanings in the context of job profile."
In this case the court issued following directions:
" 1. Whenever an actual practice certificate or a certificate regarding standing at Bar is to be issued, High Court of J&K (Grant of Actual Bar Practice Certificate) Procedure Order, 1995 issued vide order No352 dated 26.08.1995 shall be strictly followed
2. A law graduate when enrolled on the rolls of Bar Council has to be treated in actual practice or treated to have standing at Bar as long as he remains connected with legal profession only which include higher studies in law i.e. LL.M or LL.D, drafting of petitions, consultation which, in effect, would mean that he is practicing law.
3. Appearance in the courts in connection with cases is not the only factor for grant of practice certificate
4. A law graduate who though enrolled as an advocate but is not connected with the profession of law or is in regular service of the Government of any other establishment, institution, unconnected with profession
of law, in short pursuing any other full time avocationunrelated with the profession of law, shall not be treated to have standing at Bar or to be in actual practice at Bar."
