High Court rejects Plea challenging the Action of Demanding Increased Enrollment Fee by Bar Council [Read Judgment]

The Gujarat HC has rejected the plea challenging the action of demanding increased enrollment fee by the Bar Council of Gujarat.

In the case Ramjesh Manibhai Patel vs. Bar Council of Gujarat, the HC interpreted provisions of the Advocates Act, 1961 & the Bar Council of India Rules harmoniously & construed that the increase in the rate of enrollment fees is properly & adequately justified & the provisions of both the Advocates Act, 1961 & the Bar Council of India Rules aren't in conflict with one another.

The petitioner namely Ramjesh Manibhai Patel has completed his Three Year LL.B. Degree Course & after completing the same has applied to the Bar Council of Gujarat for being enrolled as an advocate, which application apparently hasn't been processed as the petitioner is not willing to deposit the fee required for such enrollment & registration by 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 & Section 30 of the Advocates Act, 1961 & also Articles 14, 19(1)(g) & 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) & 21 of the Constitution of India or not?

The Division Bench of the HC of Gujarat consisting of the Chief Justice Vikram Nath & Justice Ashutosh J. Shastri rejected the plea challenging the action of demanding increased enrollment fee by the Bar Council of Gujarat.

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