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2025 Supreme(Bom) 540

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ALOK ARADHE, CJ, M. S. KARNIK, J
Nathibai Damodar Thackersey Women’s University Law School – Appellant
Versus
State Of Maharashtra – Respondent


Advocates Appeared:
Dr. Milind Sathe, Senior Advocate (Amicus Curiae) a/w Gaurav Shrivastav a/w Aditya Mhase - present.
Mr. Nitin Chaudhary a/w Siddeshvar Gaikwad, Disha Vardhan i/by Mr. Sachin Chandan for petitioner.
Smt. Jyoti Chavan, Addl. Govt. Pleader for
respondent no.1.
Mr. Shekhar Jagtap for respondent no.2 – BCI.
Mr. Yogendra Rajgor a/w Meghna Gowalani for
respondent no.3.

JUDGMENT :

Alok Aradhe, C.J.

1. Rule. Rule is made returnable forthwith. By consent of the parties, the matter is heard finally.

2. In this petition, the petitioner has assailed the validity of Rule 2(iv)(a), Rule 2(xii)(B) and the Proviso appended thereto, Rule 14, Rule 16(2), Rule 18(2), Rule 19(ii), Rule 19(iii) and Rule 26(a) of the Rules of Legal Education-2008 (Rules of 2008) on the ground that the same are void and ultra vires the power conferred under Section 49(1)(d) read with Section 7(1)(i) of the Advocates Act, 1961 (Act of 1961 and therefore, same be struck down. In addition, the petitioner has challenged the validity of the impugned notices dated 28th August 2018 and 19th September 2018 issued by the Bar Council of India (BCI), inter alia; on the ground that the same is ex-facie arbitrary and illegal and is dehors Section 7(h) and (i) and Section 49(d) of the Act of 1961 and is violative of Articles 14 and 19(1)(g) of the Constitution of India

(I) FACTS:

3. The factual matrix, which is not in dispute, lies in a narrow compass. The petitioner, a law school, was established in the year 2006 by Smt. Nathibai Damodar Thackersey Women’s University (SNDT University) and imparts

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