Heard Sri Ramesh Upadhyay, learned senior counsel for the petitioner, Sri Prateek Chandra, Pramod Kumar Singh, learned counsels for the respondents as well as Sri Rohan Gupta representing the Bar Council of India.
The essence of the dispute inter partes which was noticed by a learned Judge in an order passed on this writ petition on 18 December 2020 reads as follows:
"Heard Shri Rmesh Upadhyaya, learned Senior Advocate, assisted by Shri Rajan Upadhyay, learned counsel for the petitioner, Shri Pranav Mittal, learned Advocate, holding brief of Shri Rohan Gupta, learned counsel for the Bar Council of India and Shri Pratik Chandra, learned counsel appearing on behalf of respondent No.3.
By means of this writ petition under Article 226 of the Constitution of India, the petitioner has prayed for a writ of mandamus to the respondent No.2-Bar Council of India to grant necessary recognition to the institution for running LLB courses.
It is argued on behalf of the petitioner that Rajendra Prasad (Rajju Bhaiya) University, Prayagraj, UP, had accorded affiliation to the college of the petitioner vide letter dated 30th May, 2019 and as a consequence to that, petitioner made necessary deposit on 13.12.2019 with the Bar Council of India to have necessary inspection for the recognition to be granted to run the courses. However, it appears that the said draft was not got liquidated by the Bar Council of India in time and vide letter dated 23.09.2020 it asked the petitioner to deposit the amount again through RTGS online. The online transaction has taken place in October, 2020, as is admitted to the parties.
It is argued by the learned counsel for the petitioner that the petitioner's process of recognition is sought to be derailed on account of the resolution of Bar Council of India dated 11.08.2019 in which a moratorium of 3 years has been created an recognition of the new institutions, though, pending cases are directed to be disposed of. He further argues that petitioner had obtained recognition on 30th May, 2019, so the matter should be taken as pending one and it is also so acknowledged by the Bar Council of India through its letter dated 23rd September, 2019.
Let the counsel for the Bar Council of India have instructions as to whether the necessary relief can be granted in the matter considering the fact that the recognition by UP State University has been accorded to the petitioner's institution well before the resolution dated 11.08,.2019 adopted by Bar Council of India."
Upon hearing counsels, the Court notes that it is the conceded position that the proposal of the petitioner institution for being accorded recognition was pending before the Bar Council of India prior to 11 August 2019. It is in that backdrop that it was submitted that the moratorium as introduced by the BCI resolution of 11 August 2019 would not apply or detract from the right of the petitioner to seek recognition.
Sri Rohan Gupta, learned counsel appearing for the Bar Council of India states that in view of the aforesaid undisputed position, the claim of the petitioner for being accorded recognition shall be duly attended to and a final decision in respect thereof communicated with expedition and preferably within a period of four months from the date of presentation of a duly authenticated copy of this order, the writ petition and its enclosures. The statement so made is recorded and accepted.
Petition stands disposed of.
Order Date :- 11.1.2021 Arun K. Singh (Yashwant Varma, J.)