Judgment Intelligence
Petition Allowed
Surendra Khinchi v. Bar Council of Rajasthan & Ors.
2026:RJ-JP:35534
S.B. Civil Writ Petition No. 9369/2026
- Court
- Rajasthan High Court
- Date of Decision
- 3 September 2026
- Bench
- Justice Shubha Mehta
- Relevant Acts & Sections
- Advocates Act, 1961 (enrolment; Section 58 relied on by the petitioner)
Final Outcome
Petition allowed. The Bar Council of Rajasthan must dispose of all pending enrolment applications by 09.09.2026 under the prescribed procedure and inform the candidates; pending applications disposed of (paras 7-8).
Source Rajasthan High Court, decided 03.09.2026
Judgment digest by NyayVidhan: a summary of the court's judgment, not its text. The judgment itself is the authoritative version.
Brief Facts
The petitioner, a 2025 law graduate of Dr. Bhimrao Ambedkar Law University, Jaipur, applied to the Bar Council of Rajasthan for enrolment as an advocate with the required documents and fee, and also sent a representation by e-mail (para 1). The application stayed undecided because of the Council's ongoing elections and administrative reasons (para 1). He said the delay was harming his right to begin practice and his livelihood, and sought a time-bound direction or, alternatively, enrolment by the High Court under Section 58 of the Advocates Act (para 3). The respondents said enrolment work had stopped during the elections: a committee formed on 24.02.2026 had been cancelled by the High Level Election Supervision Committee on 12.03.2026 (para 4).
Court's Findings
The Court recorded that it was admitted that the petitioner's application was pending with the Bar Council, that the Council's elections had not been completed when the case was heard, and that no committee was functioning for enrolment, the ad hoc committee having been cancelled on 12.03.2026 (para 6). It took judicial notice that the elections had since been completed and the results declared (para 7). In that situation it found it proper to allow the petition and order disposal of the petitioner's enrolment application (para 7). The Bar Council had itself informed the Court that similar applications of several candidates were pending, and the Court held that the delay in enrolling them as advocates was causing them difficulty and affecting their right to livelihood (para 7). It therefore directed the Bar Council to dispose of all enrolment applications pending as of that day by 09.09.2026, under the prescribed procedure, and to inform the candidates (para 7). The order does not invoke Section 58 of the Advocates Act; only the petitioner relied on it (para 3).
Legal Principle
Once a State Bar Council's elections are over, its pending enrolment applications cannot be left undecided: delay in enrolling law graduates affects their right to livelihood, and the High Court may direct the Council to decide all pending applications within a fixed time under the prescribed procedure (para 7).