Apex Court Upholds Ruling Against Lpqb Over Articled Clerkship Abolition

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The Federal Court says the Legal Profession Qualifying Board had acted beyond its powers.
The Federal Court ordered the Legal Profession Qualifying Board to pay RM80,000 in costs to Khairul Anwar Khairuddin and law firm Fahri, Azzat & Co.PETALING JAYA: The Federal Court today upheld a Court of Appeal ruling that the Legal Profession Qualifying Board (LPQB) acted ultra vires (beyond its powers) in abolishing the articled clerkship programme in 1985
A three-member bench led by Chief Justice Wan Ahmad Farid Wan Salleh dismissed LPQB’s application for leave to appeal, reported Bernama. Also on the bench were Justices Nallini Pathmanathan and Lee Swee Seng.
The court ordered LPQB to pay RM80,000 in costs to Khairul Anwar Khairuddin and law firm Fahri, Azzat & Co.
LPQB’s counsel Khoo Guan Huat and counsel K Shanmuga, acting for Khairul and the law firm, confirmed the court’s decision to Bernama.
The articled clerkship programme, established under the Legal Profession Act 1976, provides an alternative route for individuals to qualify as lawyers without attending full-time law school.
The case began in 2022 when Khairul applied to join Fahri, Azzat & Co as an articled clerk after reading an online article about the programme.
However, the LPQB rejected his application on Aug 5, 2022, citing its earlier decision to abolish the scheme.
Following the rejection, the law firm and Khairul filed for a judicial review at the High Court.
On Nov 16, 2023, the High Court dismissed their application.
However, the Court of Appeal overturned the High Court’s ruling last year, stating that the LPQB had acted beyond its powers by deciding to abolish the articled clerkship programme.
The appellate court found that such a significant change to the qualification framework could only be effected by Parliament, not the board.
Consequently, it quashed both LPQB’s original 1985 decision to abolish the programme and its 2022 rejection of Khairul’s application.
In the wake of today’s Federal Court decision, Shanmuga told Bernama that the articled clerkship programme remained a valid pathway to qualification, and his client could now submit a fresh application to the board. - FMT

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