Rajasthan HC Seeks BCI Reply on Advocate’s Denial of Certificate of Practice Despite Clearing AIBE

In a case that raises significant questions about the administration of legal practice in India, the Rajasthan High Court has sought a formal response from the Bar Council of India (BCI) after a practicing advocate alleged he was denied a Certificate of Practice, despite having cleared the All India Bar Examination (AIBE) over a decade ago.

The petitioner, advocate Bhagirath Singh Chauhan, has been in regular legal practice for the past 13 years. He contends that after enrolling with the Bar in October 2012, he successfully cleared the AIBE the same year, and was subsequently allotted his enrollment number.

However, despite this, he claims the BCI has refused to issue him a Certificate of Practice on the grounds that he did not clear the AIBE within the time limit stipulated under AIBE Rules, 2010. According to the petitioner, his name appeared erroneously in a 2022 list issued by the BCI, not among the successful candidates, but rather in a list of advocates said to have failed to pass the AIBE within the prescribed timeline.

As per Rule 9 of the AIBE Rules, an advocate must pass the AIBE before being granted a Certificate of Practice. This administrative oversight (or alleged misinterpretation of the rule) has now culminated in a formal legal challenge. In 2025, a communication from the BCI confirmed the denial of the Certificate of Practice to Chauhan, prompting him to approach the High Court.

After hearing preliminary arguments, Justice Sameer Jain issued notice to the BCI, directing it to file a detailed response. “It is also directed that respondent No. 2 shall remain present in the Court in person or via VC to explain the matter along with the relevant record, on the next date of hearing,” the Court stated in its order. The matter has been listed for hearing on September 9, 2025.

This case not only underscores the challenges faced by lawyers navigating bureaucratic and regulatory hurdles but also touches on larger concerns regarding transparency and administrative accuracy within the Bar Council system.

Verdicto will continue to follow this story closely, bringing you legal insights, expert interviews, and fact-based analysis.

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