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In a writ petition, the Bench of the Gujarat High Court comprising of Chief Justice Vikram Nath and Justice Ashutosh J. Shastri held that even on the principles of harmonious construction of various provisions of the Act and the Rules, the action of Bar Council of India (BCI) in increasing the rate fees cannot be said to unreasonable, unauthorised or ultravires.
The High Court refrained from going into the question of whether the All India Bar Examination could be conducted as the matter is stated to be before the Hon'ble Supreme Court.
The facts of the above mentioned case are as follows:
(i) The Petitioner had claimed for the issuance of-
(a) Writ of Mandamus to Bar Council of Gujarat to process the application of the Petitioner for registration and enrollment with enrollment fee of Rs. 750/- only
(b) For a Writ to be issued to Bar Council of India and Bar Council of Gujarat to issue Certificate of Right to Practice under Section 30 of the Advocates Act, 1961 without any delay post enrollment.
(c) Prayer seeking for Rules 9 to 11 in Part-VI, Chapter-III of the Rules to be declared ultra vires Sections 24 and 30 of the Act as well as Articles 14, 19(1)(g) and 21 of the Constitution of India, was added by way amendment.
(ii) It is stated that no further facts and grounds were adduced to support the relief.
(iii) The Petitioner, whose application for enrollment has not been processed by Bar Council of Gujarat due to non-deposition of fee, has averred that the legality and validity of the Rules 9 to 11 must be challenged as BCI and BCG cannot make Rules exceeding the eligibility criteria enumerated in the Act.
The Bench of the Court dismissed the petition and recorded scathing remarks regarding the inexperience of the advocate who has filed the petition.
In conclusion, the High Court of Gujarat dismissed a writ petition challenging the right of the BCI and Bar Council of Gujarat to levy as well as increase the fee for enrollment of advocates and issuance of Certificate of Practice as stipulated under the Advocates Act of 1961 and Bar Council of India Rules of 1975.
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