A Writ Petition in the Supreme Court of India Seeking Enrollment with the Bar Council of Delhi

In the Supreme Court of India, a writ petition has been filed under Article 32 of the Constitution of India. The petitioners are seeking the court’s intervention to resolve an issue related to their enrollment with the Bar Council of Delhi. They claim that their right to practice a profession, as guaranteed under Article 19(1)(g) of the Constitution, is being violated. Here’s a simplified explanation of the case:

IN THE HON’BLE SUPREME COURT OF INDIA

Writ Petition (Civil) No.        of 2019

(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)

IN THE MATTER OF

_____________________ & ANR             … PETITIONERS

VERSUS

BAR COUNCIL OF INDIA & ORS         … RESPONDENTS

WITH

1. A. No……..2019

APPLICATION FOR EXEMPTION FROM
FILING OFFICIAL TRANSLATION OF ANNEXURES

PAPER BOOK

(FOR INDEX KINDLY SEE INSIDE)
IN THE HON’BLE SUPREME COURT OF INDIA

Writ Petition (Civil) No.        of  2019

IN THE MATTER OF:

1. …………….

S/O…………………..

R/O……………………., MADANGIR VILLAGE

NEW DELHI-110062

2. ……………

S/O………………..

R/O. ……………………….., MADANGIR VILLAGE

NEW DELHI-110062 … PETITIONERS

VERSUS

1. BAR COUNCIL OF INDIA

21, ROUSE AVENUE, ITO

NEW DELHI-110002

2. UNIVERSITY LAW COLLEGE

……………….UNIVERSITY CAMPUS

…………………………………

………………………….

3. BAR COUNCIL OF DELHI

SIRI FORT, KHEL GAON

NEW DELHI-110049 … RESPONDENTS

FILED BY

PETITIONERS

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:

1. 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.

2. That, the petitioners are permanent resident of State of Odisha and presently practicing legal profession in NCT of Delhi since __________________.

3. 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.

4. 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.

5. 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.
6. 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______________.

6. 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.

7. 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.

8. 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.

9. 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

1. Because
2. 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:

1. Pass appropriate writ, order or direction, for ______________ or in the alternative;
2. Pass same or similar order or direction
3. 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

1._________________________

2._________________________

Drawn on: ___.____________

Filed on:

SYNOPSIS & LIST OF DATES

The instant writ petition arises from the circumstances wherein petitioners were aggrieved from the denial of Bar Council of India to supply an acknowledgement letter despite the fact that University _________________, has deposited the fees with the Bar Council of India for the session ___________________ in which the petitioners have pursued 3 Years LL.B.

It is further stated that the petitioners came to know about the non-depositions of the fees only when the

In these circumstances, the petitioners have knocked the doors of this Hon’ble Court by way of present Writ Petition under Article 32 of the Constitution of India.

Hence they have knocked the doors of this Hon’ble Court by way of the present writ petition under Article 32 of the Constitution of India.

___________________: __________________ Hence this present Writ Petition.

Who Are the Petitioners?

The petitioners are permanent residents of Odisha but are currently practicing law in Delhi. They completed their 3-year LL.B. course from a college (referred to as Respondent No. 2) and passed their exams in ______. They received their final mark sheet and provisional certificate from Utkal University, which were handed over to them by their college.

What is the Problem?

After completing their degree, the petitioners moved to Delhi to practice law. In May ______, they applied for enrollment with the Bar Council of Delhi (Respondent No. 3). They submitted all the required documents, but their application was rejected. The reason given was that their college (Respondent No. 2) had not paid the prescribed fee to the Bar Council of India (BCI) for the period when the petitioners were studying.

The petitioners were told to get an acknowledgment letter from the BCI confirming that the fee had been paid. However, when they approached the BCI, they were informed that the fee had not been paid by their college.

Efforts Made by the Petitioners

The petitioners tried to resolve the issue by:

1. Contacting their college (Respondent No. 2) to inquire about the fee payment.
2. Filing a request under the Right to Information (RTI) Act, 2005, to get details about the fee payment.
3. Repeatedly asking their college to pay the fee to the BCI.

Finally, in December ______, the college paid the required fee of Rs. _________ to the BCI. The principal of the college confirmed this payment. However, when the petitioners approached the BCI for the acknowledgment letter, the officials refused to provide it, even though they admitted that the fee had been paid.

What Are the Petitioners Asking For?

The petitioners are requesting the Supreme Court to:

1. Issue an appropriate order or direction to ensure their enrollment with the Bar Council of Delhi.
2. Pass any other order that the court deems fit to resolve the issue.

They argue that their right to practice a profession is being unfairly denied due to the negligence of their college and the refusal of the BCI to provide the necessary acknowledgment.

Key Legal Points

• The petition is filed under Article 32 of the Constitution, which allows citizens to approach the Supreme Court directly if their fundamental rights are violated.
• The petitioners are relying on Article 19(1)(g), which guarantees the right to practice any profession.

Conclusion

This case highlights the challenges faced by young lawyers when administrative issues prevent them from pursuing their careers. The petitioners have made significant efforts to resolve the issue on their own but have now turned to the Supreme Court for justice.

Disclaimer

This article is for educational and informational purposes only. It provides a simplified explanation of the case and does not constitute legal advice. For specific legal guidance, it is recommended to consult a qualified lawyer.

Note: Legal processes can be complex, and outcomes may vary depending on the specifics of each case. Always seek professional assistance for accurate and personalized legal advice.