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2026 Supreme(Online)(Raj) 13211

HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR


D.B. Special Appeal (Civil) No. 3/2026

In

S.B. Civil Misc. Application No.1592/2018

In

S.B. Civil Misc. Appeal No.3327/2018


State Of Rajasthan

----Appellant

Versus

Smt. Meena Devi W/o Late Ramshnehi And Ors.

----Respondents


For Appellant(s) : Mr. Rajendra Prasad, Advocate General with

Ms. Dhriti Laddha

For Respondent(s) :


HON'BLE THE ACTING CHIEF JUSTICE MR. SANJEEV PRAKASH SHARMA

HON'BLE MRS. JUSTICE SHUBHA MEHTA


23/04/2026

Order

1. The matter comes upon an application No.1/2026 seeking leave to appeal

2. For the ground mentioned in the application No.1/2026, leave is granted and accordingly, the application is allowed.

3. Another application No.2/2026 filed for seeking exemption from filing of paper book.

4. For the ground mentioned in the application No.2/2026, seeking exemption from filing of paper book is allowed.

5. Heard.

6. Admit.

7. The State assails the judgment passed by the learned Single Judge dated 11.02.2026 whereby, the learned Single Judge while allowing the miscellaneous application for condonation of delay in civil miscellaneous appeal under the Motor Vehicles Act, proceeded to allow the application subject to the cost of Rs.11000/- to be deposited in fund to be created by the Bar Association by the name of the "Junior Advocates Welfare Fund for Purchasing Law Books" and the State Government, Bar Council of Rajasthan, Bar Association of High Court as well as all Bar Associations at the level of every districts were directed to frame a scheme for purchase of law books for such young budding lawyers in the name and style as follows:-

"a) The Rajasthan Advocates (Aid to purchase Law Books) Scheme shall constitute a Purchase Committee for all the Districts of the State of Rajasthan through District and Local Bar Associations who shall provide one time aid of Rs.5,000/- to such Junior Advocates, who are enrolled with the Bar Council of Rajasthan and are not more than 28 years of age. The concerned Junior Advocates who will be given such amount/aid under this Scheme would be required to produce cash memo receipts, in relation to the purchase of law books by him/her within one month from the date of receipt of the amount, to the authority concerned. In case such Junior Advocate fails to submit the receipt of purchase of law books within the stipulated period, the amount paid to him/her shall be recovered from him/her. The concerned authority shall have the right to inspect the Library so maintained by such Advocate who has been given the above aid under this Scheme.

(b) In case the authority concerned, on inspection, is satisfied that the Junior Advocate has not utilized the amount given to him/her for purchasing the Law Books, the amount paid to him/her shall be recoverable with interest @12% p.a.

(c) The costs deposited in this fund, i.e. "Junior Advocates Welfare Fund for purchasing Law Books" under the orders of the Court; any amount contributed by Senior Advocates; Advocates; deposited through any other process/method by the State Government; Bar Council; or any Bar Association shall be utilized for this purpose only by distributing the same to such Young Advocates, as specified herein above.

(d) The designated Senior Advocates and Advocates having long standing in the Bar, good experience and number of years of practice to their credit, may be requested by the Bar Associations to voluntarily contribute any suitable amount every year for this noble and pious purpose of welfare of Young Budding Lawyers."

8. Learned Advocate General submits that before seeking directions as noted above, the State Government was required to be heard and in their absence seeking directions and forming of schemes by learned Single Judge, is an issue beyond his jurisdiction.

9. Matter being of public interest, is required to be taken up before the appropriate Court.

10. While we uphold the order regarding condonation of delay, the other directions issued by the learned Single Judge shall be stayed.

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