In response to an advertisement published by Respondent No, 2 inviting applications for appointment to the posts of Civil Judges/Judicial Magistrates the petitioner filed an application, which was summarily rejected on 11.1.2008. A representation filed by the petitioner was dismissed on 19.2.2008. The ground of rejection is that the petitioner has no requisite experience.
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 dated 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 Associations 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 practicing Advocate w,e,f,., 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 '29.10.05 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 :-- "7. Qualifications:--(1) No person shall be appointed to a post in the service by initial recruitment unless-
(a) in case of appointment to a post of Civil Judge-cum-Judicial Magistrate-
(i) he possesses a degree in 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 practiced the profession of law for not less than two years after having been enrolled as an Advocate.
Rule 7.10 of the Punjab Legal Practitioners & Bar Council Rules, 1974 is to the following effect:-- "7.10. No person shall practice as an Advocate unless he is a member of a recognized Bar Association".
I also deem it appropriate to reproduce here Rule 7.12 of the said Rules: 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 Council Rules, 1974 it is clearly provided that membership of recognized Bar Association is condition precedent for a person to practice 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.
5. Now coming to the said contention of the learned counsel it is true that the said Article 6 of the Memorandum of Association/Rules of Business of Bar Associations does provide that fresh entrants, to the profession shall be deemed to be practicing regularly but this is only for the purpose of the said Article 6 so as to make them eligible for membership of the Bar Associations.
The said Article 6, therefore, does not at all in any manner derogate from the mandatory provisions contained in Rule 7.10 of the said Rules 1974.
6. Having thus examined the facts of this, case in the light of applicable Rules I do find that the application filed by the petitioner was correctly rejected with reference to lack of statutory period of experience. The writ petition is accordingly dismissed in limine.