Read-down of enrolment rules permits qualified employed applicant to enrol provisionally, with certificate retained until disqualifying service ends.

The Gujarat High Court read down the Bar Council of Gujarat (Enrollment) Rules to align with the Advocates Act, 1961 and the Bar Council of India Rules, holding that the enrolment scheme should preserve the full-time character of legal practice without imposing rigid hardship at the threshold. It permitted enrolment of a qualified applicant who was still in employment, provided the enrolment certificate remained with the Bar Council until the disqualifying occupation ceased and practice could begin. The Court also directed issuance of a provisional sanad and a usable enrolment number compatible with the online examination portal so the applicant could sit for the All India Bar Examination.

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Issues: Whether Rules 1 and 2 of the Bar Council of Gujarat (Enrollment) Rules could be read down so as to permit enrolment of a person who is otherwise qualified but is in full or part time service, employment, trade, business or profession, with the enrolment certificate being retained by the Bar Council until such person ceases the disqualifying occupation and resumes practice, and whether consequential directions could be issued for provisional enrolment and an enrolment number compatible with the examination portal.

Analysis: The rules were examined in the context of the Advocates Act, 1961 and the Bar Council of India Rules, particularly the scheme that an advocate cannot simultaneously continue full-time employment and practice. The Court held that the object of the enrolment restrictions was to preserve the dignity and full-time character of the legal profession, but that a rigid insistence on prior resignation at the threshold could create manifest hardship and frustrate access to the profession in the peculiar facts presented. Applying the principle that subordinate legislation should be interpreted, where possible, in a manner that preserves constitutionality and advances the statutory object, the Court reconciled the State rules with Rule 49 of the Bar Council of India Rules by permitting enrolment first, while retaining the enrolment certificate with the Bar Council until the disqualifying employment ceased. The Court also directed issuance of a provisional sanad and an enrolment number in a format compatible with the online registration system so that the applicant could appear in the All India Bar Examination.

Conclusion: Rules 1 and 2 were read down to allow enrolment despite existing employment, subject to deposit of the enrolment certificate until cessation of the disqualifying occupation, and the writ applicant was entitled to provisional enrolment and a usable enrolment number.

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