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

The Gujarat High Court 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 High Court interpreted provisions of the Advocates Act, 1961 and 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.

The petitioner namely Ramjesh Manibhai Patel has completed his Three Year LL.B. Degree Course and after completing the same has applied to the Bar Council of Gujarat for being enrolled as an advocate, which application apparently has not been processed as the petitioner is not willing to deposit the fee required for such enrollment and 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 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 Division Bench of the High Court of Gujarat consisting of the Chief Justice Vikram Nath and Justice Ashutosh J. Shastri rejected the plea challenging the action of demanding increased enrollment fee by the Bar Council of Gujarat.