P L D 2008 Lahore 228 (PLP)

Laws Cited

Representation

• ----Rr. 7.10 & 7.12---Memorandum of Association/Rules of Business of Bar Association, Art.6---Constitution of Pakistan (1973), Art.199---Constitutional petition---Practising as advocate---Pre-condition---Petitioner was enrolled as advocate on 19-8-2005 and became member of Bar Association on 29-10-2005---Application of petitioner for the post of Civil Judge/Judicial Magistrate was rejected on the ground that he did not have requisite experience of two years as advocate---Plea raised by petitioner was that under Art.6 of Memorandum of Association/Rules of Business of Bar Association published vide notification dated 7-12-1981, he was deemed to be practising advocate with effect from the date of his enrolment---Validity---Membership of recognized Bar Association was condition precedent for a person to practice as an advocate---Provisions of Art.6 of Memorandum of Association/Rules of Business of Bar Association was only to make a fresh advocate eligible for membership of the Bar Association and it could not, in any manner, derogate from the mandatory provisions contained in. R.7.10 of Punjab Legal Practitioners and Bar Councils Rules, 1974---High Court declined to interfere in the order passed by the authorities whereby application of petitioner was rejected---Petition was dismissed in circumstances.
• Muhammad Hanif Saleemi for Petitioner.
• 2. Learned counsel for the petitioner contends that the petitioner having been enrolled as an Advocate on 19-8-2005, notwithstanding fact that he became member of the Bar Association on 29-10-2005 he had the requisite 2 years experience by the closing date 20-10-2007 and as such the impugned orders are void. In support of this contention he relies on Article 6 of the Memorandum of Association/Rules of Business of Bar Association published by the Punjab Bar Council vide notification dated 7-12-1981. He particularly referred to Article 6 of the said Memorandum to urge that his client would be deemed a practising advocate with effect from date of his enrollment with the Punjab Bar Council.
• 3. I have gone through this file with the assistance of the learned counsel. The petitioner after passing LL.B. examination was enrolled as Advocate by the Punjab Bar Council on 19-8-2005 vide Annex. F., while he became member of the Lahore Bar Association on 29-10-2005 vide certificate Annex. G. The appointment to the said post is governed by the Punjab Judicial Service Rules, 1994. Rule 7 prescribes the qualifications for the appointment to a post of Civil Judge-cum-Judicial Magistrate. These are as follows:--
• (i) he possesses a degree in the Law from a recognized University entitling him to practise the profession of law or is a member of the faculty of advocates of Scotland; and
• (ii) he has actively practised the profession of law for not less than two years after having been enrolled as an Advocate.
• "7.10. No person shall practise as an Advocate unless he is a member of a recognized Bar Association"
• 7.12. It will be sufficient compliance with the requirements of Rule 7.10 if within six months of being enrolled as an advocate a person applies for being admitted as a member of such Bar Association and his application has not been dismissed.
• 4. Upon plain reading of the said rule of appointment and said Punjab Legal Practitioners and Bar Councils Rules, 1974 it is clearly provided that membership of recognized Bar Association is condition precedent for a person to practise as an Advocate. Rule 7.12 facilitate such a person by providing that Rule 7.10 shall stand complied with on an application being filed by the person for membership of Bar Association. Upon my query learned counsel states that application for membership was also filed on 29-10-2005.

Headnotes / Summary

Judgment & Decree