Law:

Section:

Punjab Judicial Service Rules, 1994-- ----R. 7(1)(a)(ii)--Punjab Bar Council Rules, 1974, Rr. 7.10 & 7.12--Experience of active practice as a lawyer for at least two years preceding the date of advertisement--Punjab Judicial Service Rules, 1994, R. 7(1)(a)(ii)--Period of apprenticeship--Commencement of date for counting period of active practice having been enrolled in the Pb.B.C. as an advocate was entitled to continue his active law practice for upto six months before being enrolled as a member of a bar association--Having thus completed the mandatory period of two years active law practice the petitioner was competent to appear in the examination for and be appointed as a Civil Judge cum Judicial Magistrate provided that he is otherwise found to be qualified for the post--Petition allowed. Punjab Bar Council Rules, 1974-- ----Rr. 7.10 & 7.12--Advocate can commence his active practice by appearing as an advocate--Posts of civil judges cum judicial magistrate--Eligibility criteria for candidate, inter alia included experience of active practice--Experience certificate was provided without date of membership of the local bar association--Interim relief was granted to allow the petitioner to sit in written examination--Qualified to be appointed as a civil judge--Question of--Whether he fulfills the condition of two years experience of active practice as a lawyers--Validity--Commission misconstrued the import and effect of Rr. 7.10 & 7.12--Advocate can commence his active practice by appearing as an advocate before sub-ordinate Court as soon as he acquires his license from the Bar Council--Period of his practice upto six months following the date of Bar Council enrollment can only regarded as that of active practice--Held: In compliance with Rule 7.12 of Punjab Bar Council Rules, 1974 the petitioner was subsequently enrolled as member of Distt. Bar Association which fell within six months period of enrolment with Pb.B.C. petition was allowed with direction to be appointed as Civil Judge cum Judicial Magistrate if he was found to be qualified to be appointed. THIS JUDGMENT DELIVERED BY: ASAD MUNIR, JUSTICE---.--- The petitioner, Mian Muhammad Kamran…

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