Age bar in legal studies challenged by a Lady Constable

After a PIL filed by a Mumbai based lawyer, this time a lady constable Shabnam Amin Mulani, mother of two and sole bread earning member in the family has filed a Writ Petition before the Bombay High Court with a prayer to quash & set aside Rule 28 of Schedule III of the Resolution No. 110/2008 of the Bar Council of India which introduced age bar on admissions to law Colleges.

The lawyer of Shabnam Amin Mulani, Mr. Mahesh Vaswani said that the main contention of the Petitioner is that she has necessary percentage of marks at Graduation level to study law and therefore had applied for admission to the GJ Advani Law College in Bandra, Mumbai for the studying law in the 3 year LL.B. degree course of Mumbai University for the ongoing academic year 2008-2009. Further, her present job is of such nature which requires investigative work to be done and which is to be done on the basis of established legal principles, such that it would stand the test of judicial scrutiny, also to deal with under-trials and convicted prisoners in custody which require updates on human rights of prisoners and updates on related issues, it is only imperative that she ought to posses proper legal knowledge by undergoing a formal education discipline of Laws.

Advocate Mr. Mahesh Vaswani further said that that age bar laid down in impugned Resolution, under Advocate’s Act, 1961, is blatantly ultra vires, arbitrary and denial of equality to his client and others similarly placed, According to him the impugned Resolution of Bar Council of India is violative of his client’s fundamental right enshrined in Article 14 of the Constitution.

Advocate, Mr. Mahesh Vaswani has informed that this Writ Petition petition would come up for hearing on 17th April 2009 at 11 a.m. before the Division Bench comprising the Chief Justice Hon'ble Swatanter Kumar and Hon'ble Justice S.C. Dharmadhikari of the Bombay High Court.

On 17th April 2009, the Bench comprising Hon'ble Justice P. B. Majmudar And Hon'ble Justice R. M. Savant heard the case and after admitting this case issued Notices to Respondents including the Mumbai University, the Union of India and the Bar Council of India directing them to file affidavits in the matter by June 10th 2009. The Petitioner has been given time to file rejoinders to the Respondents' affidavits by June 15th after they file their affidavits. The matter has been fixed for commencing arguments on 17th June 2009.

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