High Court Seeks Response Of Delhi University, BCI On Plea Challenging Condition Restricting LLM Students From Simultaneously Practicing Law

The Delhi High Court has issued notice on a plea challenging a condition imposed by the Delhi University stipulating that the two-year LL.M. programme is available only to students who are not engaged in any employment, trade, profession, business, or occupation.

Justice Vikas Mahajan sought response of the varsity and Bar Council of India (BCI) and listed the matter for hearing on September 25.

The plea has been filed by 32 students who are pursuing LL.M at the faculty of law for the session 2024–2026. It is their case that the impugned condition is arbitrary, ultra vires and unconstitutional.

“On the strength of this aforementioned Notification, the Faculty of Law, University of Delhi by way of rules, imposed an affidavit condition which requires LL.M. (2-year course) students to declare that they will not practise law during the course of their studies. The Petitioners who are already enrolled as advocates submit that this condition is arbitrary, unconstitutional, and directly violates their fundamental rights under Articles 14, 19(1)(g), and 21 of the Constitution,” the plea said.

It added that other institutions, despite having a more intensive and rigorous one-year LL.M. courses, imposes no such restriction on practising law.

As per the plea, such students in other varsities are able to simultaneously gain practical experience, putting them in a far more favorable position to meet eligibility criteria for judicial services and other professional opportunities.

Counsel for Petitioners: Mr. Dev Nagar, Mr. Monu Kumar and Mr. Prashant D. Tiwari, Advs

Counsel for Respondents: Mr. Santosh Kumar and Mr. Devansh Malhotra, Advs. for DU; Mr. Preet Pal Singh, Ms. Tanupreet Kaur, Mr. Abhay Singh and Ms. Medha Navami, Advs. for BCI

Title: HARISH AND ORS v. UNIVERSITY OF DELHI AND ORS

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