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2017 (6) TMI 1334 - HC - Indian LawsDirection to respondents to act in accordance with the guidelines in respondent No.1-Bar Council of India's letter dated 21st September, 2013 - non-enrolment of petitioner as an advocate despite the decision of respondent No.1-Bar Council of India - whether the engagement of the petitioner with the Corporation as Legal Consultant would violate the Rule or not? HELD THAT:- Exercising powers under sub-section (2) of Section 26 of the Advocates Act, 1961, respondent No.2-Bar Council of Gujarat solicited opinion of respondent No.1-Bar Council of India. Respondent No.1 adopted an objective procedure of appointing a Committee of Retired Judge of the High Court, obtained report. The final decision was taken on the basis of such report to refuse the enrolment to the petitioner on the ground that it would be in contravention of Rule 49 of the Rules. Thus the expert committee went into the issue and answered it. At this stage contention of party-in-person about constitution of the committee may be dealt with, Bar Council of India had on the contrary required personal presence of the petitioner for giving opportunity to her for hearing. As the party-in-person was not able to remain present, in the fairness, the committee was constituted headed by the Retired Honourable Judge of this Court to have a proper decision on the issue. No illegality was committed by the Bar Council of India in constituting the committee. It was rather just, fair and reasonable stand to have an objective view. Looking at Rule 49 of the Bar Council Rules, it provides that an advocate shall not be a full-time salaried employee. The conditions attached to the contract of service of the petitioner with the Corporation are reflective of the nature of the employment. The employment envisages that services are required to be rendered during the standard hours of service as per condition No.2. Condition Nos.9 and 7 show that service as legal assistant rendered by the petitioner is a full-time job and attaches with it monthly payable amount of ₹ 25,000/- - The mode of payment of TDS cannot determine the nature of employment for the purpose of Rule 29 of the Rules. Nothing could be propounded to persuade the Court to take a different view. From the totality of operation of the facts and considering the nature of the service contract of the petitioner with the Corporation, there is no gainsaying that the petitioner incurs debility in terms of Rule 49 as her employment could be characterised as a full-time salaried employment. As a result, refusal by the respondents to grant the petitioner enrolment and the certificate to practice law could be said to be eminently proper and legal - Petition dismissed.
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