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2023 Supreme(Ker) 928

IN THE HIGH COURT OF KERALA AT ERNAKULAM
DEVAN RAMACHANDRAN, J.
Priyanka Sharma M.R. D/o Mohan Sharma – Petitioner
Versus
State of Kerala – Respondent
W.P. (C) No. 31882 of 2023
Decided On : 01-11-2023

Advocates:
Advocate Appeared:
For the Petitioners: Ajmal A., Dhanush C.A., Rinshad T.P.
For the Respondent: Sunil K. Kuriakose.

Headnote:

Advocates Grant - Backward Classes Development Department - The court directed the competent authority to issue necessary notifications under the 'Scheme' for the years 2021-2022 and 2022-2023, ensuring eligible young Advocates receive the benefits without delay.

Fact of the Case:

The petitioner sought the issuance of notifications under the 'Advocates Grant' Scheme for the years 2022 and 2023, as they were not published despite a notification for the year 2021.

Finding of the Court:

The court found that the 'Scheme' was intended to benefit young Advocates from disadvantaged backgrounds and that the omission to issue notifications for the years 2022 and 2023 was unjustifiable, thus granting the relief sought by the petitioner.

Issues: Failure to issue notifications under the 'Scheme' for the years 2022 and 2023, denying eligible young Advocates the benefits thereunder.

Ratio Decidendi: The court held that the 'Scheme' was crucial in supporting young Advocates from disadvantaged backgrounds and ordered the competent authority to issue necessary notifications for the years 2021-2022 and 2022-2023, ensuring eligible candidates receive the benefits without delay.

Final Decision: The court allowed the writ petition and directed the competent authority to issue necessary notifications under the 'Scheme' for the years 2021-2022 and 2022-2023, ensuring eligible young Advocates, including the petitioner, receive the benefits without delay.

JUDGMENT :

DEVAN RAMACHANDRAN, J.

1. The Junior Advocates of the State of Kerala are benefited by “Advocates Grant” under the aegis of the Backward Classes Development Department - of which the 2nd respondent is the Director, which was commenced in the year 2012-13, whereby, an amount of Rs. 12,000/- per year is given to eligible candidates for a period of three consecutive years.

The petitioner says that, though notification under the Scheme had been published by the competent Authority of the Government in year 2021, no such was issued for the years 2022 or 2023; thus constraining her to approach this Court because, she is now being denied valuable assistance, solely on account of such omission. She thus prays that respondents be directed to issue a notification under the “Scheme” for the years 2022 and 2023 and thus favour eligible candidates, including her, with the benefits thereunder.

2. This Court is aware that the matter had been considered earlier on 25.10.2023, on which day, the learned Government Pleader sought time to obtain instructions as to why the notifications under the “Scheme” has not been published in the years 2022 and 2023.

3. Today, Sri.Sunil Kumar Kuriakose - learned Government Pleader, conceded that, under the “Scheme” notifications are to be issued every year because, it is a continuing financial assistance for a consecutive three year period, to a deserving candidate. He submitted that, therefore, if this Court is so inclined, the competent Authority can consider the issuance of notification for the years 2022 and 2023; however, praying that no affirmative declarations be made in favour of the petitioner.

4. There can be little doubt that the “Scheme” has been propounded with a very laudable objective. It was done under the aegis of the Backward Classes Development Department of the Government of Kerala, obviously to benefit persons among young Advocates from disadvantaged background, who would find it extremely difficult to survive in the Profession of Law. The grant was intended to help them to sustain in the profession and to be able to create the minimum infrastructure required and apodictically, stoppage of the same cannot be countenanced.

5. As is well known and therefore, amenable to judicial notice by this Court, the travails of a young Advocate, when they join the profession is sometimes grave and brilliant persons drop out solely for want of sufficient support. Even though the amount under the Scheme is only Rs. 12,000/- a year, for a young Advocate, this would be sometimes invaluable, particularly to those who belong to the disadvantaged classes of the Society.

6. Certainly, the Profession of Law and the legal system require brilliant people from such communities and classes to be successful Advocates, Judges and Jurists and any support that the system can afford them, would surely be necessary and imperative.

7. Since, the “Scheme” had been launched from the year 2012-2013, I see absolutely no reason for the Government not to have issued notifications for the years 2022 and 2023. The benefits to the young Advocates, who enrolled in these two years, cannot be robbed for no perceptible reason and am certain that petitioner is, therefore, entitled to reliefs, as sought in this petition.

8. In the afore circumstances, I allow this writ petition; with a consequential direction to the competent Authority of the 1st respondent, to issue necessary notifications under the “Scheme” both for the years 2021-2022 and 2022-2023, at the earliest, but not later than one month from the date of receipt of a copy of this judgment; consequent to which, the 2nd respondent or such other competent Authority, will ensure that eligible young Advocates, including the petitioner, are given the benefits thereunder, after following due procedure without any avoidable delay.

9. Needless to say, as regards the year 2021-2022, since the notification has been ordered to be issued only now, the eligible benefits thereunder shall be

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