Friday, September 25, 2020

Plea challenging the action of demanding increased enrollment fee rejected by Gujarat High Court

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The petition challenging the action of demanding an increased enrollment fee by the Bar Council of Gujrat has been rejected by the Gujarat High Court.

In the case, Ramjesh Manibhai Patel vs. Bar Council of Gujarat, provisions of the Advocates Act, 1961 were interpreted by the Gujrat High Court that the Bar Council of India Rules harmoniously and construed that the increase in the rate of enrollment fees is properly and adequately justified and the provisions of both the Advocates Act, 1961 and the Bar Council of India Rules are not in conflict with one another.

Ramjesh Manibhai Patel, the petitioner has completed his Three Year LL.B. Degree Course and after completing his study in law has applied to the Bar Council of Gujarat for being enrolled as an advocate, but his application hasn’t been processed yet as he is not willing to pay the fee required to be enrolled and register under the Bar Council of Gujarat.

Subsequently, the petitioner in his writ petition pleads that by way of an amendment added a prayer to declare Rules 9 to 11 in Part VI, Chapter III of the Bar Council of India Rules, the Conditions for Right to Practice Law as inserted by Resolution No.73 of 2010 are ultra vires.

Section 24 and Section 30 of the Advocates Act, 1961 and also Articles 14, 19(1)(g) and 21 of the Constitution of India. The issue raised in this case was whether the action of demanding increased enrollment fee by the Bar Council of Gujarat is an infringement of Articles 14, 19(1)(g) and 21 of the Constitution of India or not?

The Gujrat High Court has rejected the petition challenging the action of demanding an increased enrollment fee by the Bar Council of Gujarat.

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