“We have to support these people. We need the best lawyers and judges from these people also.” – Justice Devan Ramachandran
The number of enrolling lawyers has been increased tremendously but what backfire is that the high-quality profession become unemployed because of the financial instability faced by the juniors mainly from the backward categories.
In the year 2012-13 for the purpose of ensuring the adequate representation of law graduates who are facing financial difficulties for starting their profession belonging to the backward classes the Kerala Government launched the scheme of ‘Advocate Grant.’
As per the grant, for 3 consecutive years a sum of Rs.12000/- per year will be provided to the eligible enrolled law graduates for purchasing law books and robes. For this scheme certain eligibility requirements are mentioned under as follows: –
The applicant should be: –
- Permanent Resident of Kerala
- Belong to the Backward Community of Kerala State.
- Enrolled as an advocate in Bar Council of Kerala.
- Be a law graduate.
- Be started practice as a n advocate within the state shall alone considered.
- The annual family income should be Rs.1,00,000/-.
The preference for this scheme will be:
- Preference to Below Poverty Line (BPL) candidates.
- Preference to candidates whose annual family income is less.
- In case of tie on the eligibility criteria, the scheme will be provided by considering the marks of Law Degree.
- If tie exits even after considering marks, preference will be for the law graduates from Kerala University.
Adv. Priyanka Sharma M R v. State of Kerala and Another [WP(C)31882/2023]
Under the scheme the eligible junior advocates belong to OBC category is entitled to Rs.12000 per year for three consecutive years. Though the Directorate of Backward classes Development Department invited application for the scheme, but last notification was issued on 15th July 2021 without any further notifications. Contenting the same Adv. Priyanka Sharma M.R filed a writ petition in Kerala High Court on the discontinuation of the grant scheme. She also quoted that absence of further notifications upon the matter has caused disruptions, she herself an eligible applicant for the scheme who was enrolled after 30-06-2021 are not able to apply for availing the Advocate Grant due to the failure of issuing new notification. She also states that the non-issuance of the notification for application is irregular, violates basic principles of administrative law and jurisprudence and it violates the Fundamental rights of all the eligible advocates.
Justice Devan Ramachandran stated that the benefit given to the young lawyers under the scheme cannot be denied for no perceptible reason and observed that there was no reason for non-issuance of notification for the year 2021-22 and 2022-23. The court also passed order against this to claim annual grant of 12000rs to the young lawyers belonging to OBC and that the Government cannot deny the benefits to lawyers who were eligible under the scheme as it was issued for helping them to sustain in the profession which is very valuable.
Counsel for petitioner: Adv. Ajmal A, Adv. Dhanush CA and Rinshad TP
Counsel for Respondent: Government Pleader Sunil Kumar Kuriakose
2023 KHC OnLine 731
