Law graduates willing to pursue LLM from Delhi University may no longer have to resign from their jobs or give up their practice.
The move comes after the Delhi High Court questioned the nearly five-decade-old system requiring anyone taking admission to the two-year LLM course at DU to furnish an affidavit stating that they will not practice or undertake employment while enrolled in the course.
“Restrictions”
A Bench of Justice Sanjeev Sachdeva said: “The Bar Council of India, which regulates the legal profession, allows advocates to join LLM as regular students while carrying on their profession, then how can DU impose restrictions on carrying on of the practice of law?”
It directed DU not insist on any such affidavits till the next date of hearing, that is October 4. The court was hearing a petition filed by Rahul Dutta and Padma Landol, two law graduates who qualified for admission to the LLM course this year.
DU seeks 50 per cent marks in LLB degree course for general category and 45 per cent for SC/ST candidates and merit in the entrance test for admission to the two-year LLM course.
When the petitioners went to the Faculty of Law to enquire about the documents they needed to submit at the time of counselling, which was to be held on Thursday, they were told that along with other documents they needed to furnish an affidavit stating they will not practise law or take up employment while studying.
Their counsel S. N. Singh told the court this condition was tantamount to restricting petitioners from practising in courts, which is necessary for their career. He contended that the Bar Council permits practicing lawyers to pursue LLM full-time course without suspending their licence.
On DU’s argument that the affidavit is mandatory since LLM is a full-time course with requirement of minimum attendance and research work to be done by students, the Bench said: “Prima facie, the contention of DU does not appear to be sustainable. The requirement of attendance...has to be fulfilled by the students. Once a student fulfils the attendance requirements, then what the student does in her/ his free time and also when the classes are not being held, cannot be regulated by the university. Furthermore, the Bar Council of India, in its meetings held in 2009, had resolved that a practicing advocate can join LLM as regular student without suspending the practice.”
DU used to ask LLM students to furnish an affidavit stating that they will not practice law while studying
