DEV SAHAY Vs. HONBLE HIGH COURT ALLAHABAD

JUDGEMENT

(1.) THE petitioner seeks to quash the Allahabad High Court Advocates' Clerks (Regulation and Conduct) Rules, 1997.

(2.) THE High Court regulates the working of the Advocates' Clerks and has laid down qualification for the purpose of registration in the Registry. Chapter 26 of the High Court Rules, 1952, had provided qualification for registration of the clerks. This has been amended by Allahabad High Court Advocates' Clerks (Registration and Conduct) Rules, 1997. Rule 3 provides for preparation and maintenance of Roll. Rule 4 prohibits a person from working as an advocate's clerk unless his name is entered in the Roll. Rule 5 provides for qualification for registration as a clerk of an advocate. Rule 6 lays down the conditions for disqualification for enrolment. Rule 7 provides the manner in which the panel of the clerks will be prepared. Rule 8 provides the terms and conditions of engagement of the clerk by an advocate. Rule 9 provides regarding application for registration of roll. Rule 10 is in respect of registration fee. Rule 11 is in respect of removal of name from the Roll or Panel. Rule 12 provides the acts which a registered clerk may perform.

(3.) LEARNED counsel for the petitioner submitted that the various rules framed are onerous for a person who is to be enrolled as clerk.