NATHIBAI DAMODAR THACKERSEY WOMEN'S UNIVERSITY LAW SCHOOL vs THE STATE OF MAHARASHTRA AND 2 ORS

Judgment text excerpt

1501.19-wp.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 1501 OF 2019 Digitally Smt. Nathibai Damodar Thackersey signed by BASAVRAJ Women’s University Law School .. Petitioner BASAVRAJ GURAPPA GURAPPA PATIL PATIL Date: 2025.04.02 Versus 17:52:15 +0530 The State of Maharashtra & Ors. .. Respondents Dr. Milind Sathe, Senior Advocate (Amicus Curiae) a/w Gaurav Shrivastav a/w Aditya Mhase - present. Mr. Nitin Chaudhary a/w Siddeshvar Gaikwad, Disha Vardhan i/by Mr. Sachin Chandan for petitioner. Smt. Jyoti Chavan, Addl. Govt. Pleader for respondent no.1. Mr. Shekhar Jagtap for respondent no.2 – BCI. Mr. Yogendra Rajgor a/w Meghna Gowalani for respondent no.3. CORAM: ALOK ARADHE, CJ. & M. S. KARNIK, J. RESERVED ON : 24th MARCH, 2025 PRONOUNCED ON : 2nd APRIL, 2025 JUDGMENT [PER : CHIEF JUSTICE] 1. Rule. Rule is made returnable forthwith. By consent of the parties, the matter is heard finally. 2. In this petition, the petitioner has assailed the validity of Rule 2(iv)(a), Rule 2(xii)(B) and the Proviso appended thereto, Rule 14, Rule 16(2), Rule 18(2), Rule 19(ii), Rule 19(iii) and Rule 26(a) of the Rules of Legal Education-2008 (Rules of 2008) on the ground that the same are void and ultra vires the power conferred under Section 49(1)(d) read with Section 7(1)(i) of the Advocates Act, 1961 (Act of 1961) 1 1501.19-wp.doc and therefore, same be struck down. In addition, the petitioner has challenged the validity of the impugned notices dated 28th August 2018 and 19th September 2018 issued by the Bar Council of India (BCI), inter alia; on the ground that the same is ex-facie arbitrary and illegal and is dehors Section 7(h) and (i) and Section 49(d) of the Act of 1961 and is violative of Articles 14 and 19(1)(g) of the Const