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2022 Supreme(SC) 1725

K. M. JOSEPH, HRISHIKESH ROY
Nandini Sharma – Appellant
Versus
Registrar Supreme Court of India – Respondent


Advocates appeared:
Petitioner-in-person, For the Appellant / Ms. Radhika Gautam, Advocate, For the Respondent.

JUDGMENT

K.M. Joseph, J. - The delay of 11 days in refiling the writ petition stands condoned.

2. Application for permission to appear and argue in person is allowed.

3. The petitioner who has filed the writ petition under Article 32 of the Constitution of India lays a challenge to the Rule mentioned in the prayers which inter alia read as under:-

    A. To declare as void the impugned Rule 1 (b) & Rule 5 & Rule 7 (c) of Order IV, the Supreme Court Rules, 2013, for being unreasonable, discriminatory, oppressive and in contravention of Article 14 & Article 19 (1) (g) of the Constitution of India.

4. Under the said Rule which is made under Article 145 of the Constitution of India, the right has been conferred exclusively on a category of Advocates described as Advocates on Record. According to the petitioner, who is an Advocate and who appears as Party-in-person, such a Rule clothing a class of Advocates with exclusive rights runs counter to Section 30 of the Advocates Act, 1961 under which an Advocate like the petitioner who has appeared in the law exams and passed the examination and having become a lawyer, she is entitled just as any other lawyer to do all the things which are now permit

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