A Simple Explanation of a Supreme Court Writ Petition
A Simple Explanation of a Supreme Court Writ Petition
The Supreme Court of India is the highest court in the country, and it can step in when someone’s rights are being violated. This article explains a case where some people (called “petitioners”) asked the Supreme Court for help.
They filed a “Writ Petition” under Article 32 of the Indian Constitution because they couldn’t enroll as lawyers with the Bar Council of Delhi. Let’s break it down in simple English.
IN THE MATTER OF:
A WRIT PETITION UNDER ARTICLE 32 OF THE CONSTITUTION OF INDIA SEEKING INTERFERENCE OF THIS HON’BLE APEX COURT, IN ENROLLMENT PROCESS WITH BAR COUNCIL OF DELHI UNDER RIGHT TO PROFESSION AS GUARANTEED UNDER ARTICLE 19(1)(G) OF THE CONSTITUTION OF INDIA.
To,
The Hon’ble the Chief Justice of India and His Companion
Justices of the Supreme Court of India at New Delhi
The humble petition of the
Petitioners above named
MOST RESPECTFULLY SHOWETH:
- That, the present writ petition is being filed under Article 32 of the Constitution of India seeking appropriate writ, order or direction for enrollment of the petitioners with the Bar Council of Delhi.
- That, the petitioners are permanent resident of State of Odisha and presently practicing legal profession in NCT of Delhi since __________________.
- That, the petitioners have pursued their 3 Years LL.B. course from the respondent no.2 institution from ___________ and passed the same in _____________. Accordingly final mark sheet and the provisional certificate were issued by the Utkal University which was duly served to the petitioners by the respondent no.2.
- That, thereafter in the month of November _____, the petitioners came down to Delhi to practice legal profession and started practice under the advocates of _____________District court, New Delhi.
- That, in the month of the May, ______________the petitioners purchased the enrollment form from the respondent no.3 and after duly filling up, submitted the same along with all requisite documents to be enrolled with respondent no.3 but the officials of the respondent no.3 returned the same to the petitioners for the reason being, the very college i.e. respondent no.2 from which the petitioners were passed, has not deposited the prescribed fee for the period _____________with respondent no.1.
- That, It was also directed that the petitioners have to meet the concerned authority of respondent no.1 and to collect acknowledgement letter regarding deposition of fees from the respondent no.1 for the period______________.
- That, the petitioners thereafter approached the respondent no.1 for acknowledgement letter but the officials of finance department of Respondent no. 1 clarified that prescribed fees was not deposited by respondent no. 2.
- When the petitioners asked at the office of the respondent no.2 they never gave any information about the deposal of fee with BCI. Finding no alternate, the petitioners asked the same through Right to Information Act, 2005, whereby the petitioners were informed by the respondent no.2 that fees prescribed by respondent no.1 was deposited till the session ____________for 3 Years LL.B. Course.
- That, thereafter the petitioners several times approached the respondent no.2 to deposit the fees with the respondent no.1 for the batch ______________ After various efforts made by the petitioners in the last week of December, __________, the respondent no.2 deposited a sum of Rs_____________/- with BCI, which was confirmed by the Principal of the respondent no.2 college.
- Thereafter petitioners approached the respondent no.1 to issue acknowledgement letter regarding the deposal of fees by the respondent no.2. Though the concerned officials admitted that the fees were deposited by the respondent no.2 but clearly denied to provide any acknowledgement letter.
GROUNDS
- Because
- That the petitioners have not filed any other such petition in this matter before this Hon’ble Court or before any other Hon’ble High Court.
PRAYER
It is therefore most respectfully prayed that this Hon’ble Court may graciously be pleased to:
- Pass appropriate writ, order or direction, for ______________ or in the alternative;
- Pass same or similar order or direction
- Pass any further order or directions, which this Hon’ble Court deems fit and proper in the facts and circumstances of the case and in the interest of justice.
AND FOR THIS ACT OF KINDNESS THE PETITIONERS AS ARE DUTY BOUND SHALL EVER PRAY.
Drawn by Filed by
What is the Case About?
The petitioners are from Odisha but moved to Delhi to work as lawyers. They finished their 3-year law degree (LL.B.) from a college under Utkal University and got their certificates. They started working with lawyers in a district court in New Delhi. To practice law officially, they need to join the Bar Council of Delhi, which is a group that manages lawyers in Delhi.
They bought the enrollment form from the Bar Council of Delhi and submitted it with all their papers. But the Bar Council rejected it. Why? Because the college they studied at hadn’t paid certain fees to the Bar Council of India (BCI), a bigger group that oversees all lawyers in the country. Without this fee being paid, the petitioners couldn’t enroll.
What Happened Next?
The Bar Council of Delhi told the petitioners to get a letter from the BCI proving the fees were paid. The petitioners went to the BCI, but the BCI said the college hadn’t paid the fees for their batch. Then, the petitioners asked their college about it. The college didn’t give clear answers at first. So, the petitioners used the Right to Information Act (a law that lets people ask for government information) to find out. The college said it had paid fees up to a certain year, but not for the petitioners’ batch.
The petitioners kept pushing the college to pay the fees to the BCI. Finally, in December (year not specified), the college paid some money to the BCI. The principal of the college confirmed this. The petitioners went back to the BCI to get a letter saying the fees were paid. The BCI agreed the money was received but refused to give the letter. Without this letter, the Bar Council of Delhi still wouldn’t enroll them.
Why Did They Go to the Supreme Court?
The petitioners believe their right to work as lawyers is being blocked. This right is protected under Article 19(1)(g) of the Constitution, which says everyone can choose their profession. Since they couldn’t solve the problem with the college, BCI, or Bar Council of Delhi, they went to the Supreme Court under Article 32. This article lets people ask the Supreme Court directly for help when their basic rights are at risk.
What Are They Asking For?
The petitioners want the Supreme Court to:
- Order the Bar Council of Delhi to enroll them as lawyers.
- Fix the problem with the BCI and the college so they can work.
- Make any other fair decision the court thinks is right.
They say this is their first time asking a court for help on this issue.
Why Does This Matter?
This case shows how people can use the Supreme Court to protect their rights. The petitioners studied hard to become lawyers, but a fee dispute between their college and the BCI is stopping them. They’re asking the court to step in and make things fair so they can start their careers.
Final Note
This article is just to help you understand the case in simple terms. It’s not legal advice. Legal issues can be confusing, and rules might change depending on where you are or what you’re dealing with. If you face a similar problem, talk to experts like the team at Legal Light Consulting. They can guide you through the process and help you out.
Disclaimer: This article is for information only. For real legal help, consult a qualified lawyer.