Kerala High Court Seeks State's Response On Petition Challenging Discontinuation Of Annual Grant Of ₹12K To OBC Junior Advocates

The Kerala High Court has sought a response from the Government of Kerala and the Directorate of Backward Classes Development Department in response to a Writ Petition challenging the discontinuation of the annual grant of Rs. 12,000 for junior advocates belonging to the OBC category under the 2012 OBC Advocate Grant Scheme.

The Single Judge Bench of Justice Devan Ramachandran directed the Government Pleader to seek instructions from the Respondents in the Petition and adjourned the matter. Advocates Ajmal A, Dhanush CA and Rinshad TP appeared for the petitioner.

The Writ Petition, filed by Advocate Priyanka Sharma M R, challenges the discontinuation of the OBC Advocate Grant Scheme, initiated by the Backward Classes Development Department of the Government of Kerala in the 2012-2013 financial year. It is contended in the Petition that, under this scheme, eligible junior advocates from the OBC category were entitled to receive an annual grant of Rs. 12,000 for three consecutive terms with the aim of assisting young lawyers in purchasing law books and robes to establish their legal practice.

The Petition also states that each year, the Directorate of Backward Classes Development Department issued notifications inviting applications for the Advocate Grant Scheme. However, the last notification was issued on July 15, 2021, and since then, no subsequent notifications have been released.

Sharma emphasized in the Petition that the absence of notifications since 2021 has resulted in significant disruption, as junior advocates, especially those who enrolled after June 2021, have been unable to apply for the scheme.

"The petitioner herewith is an Advocate practising at the District Court Centre, Kollam. The petitioner is enrolled as an Advocate on 18-09-2022. The petitioner belongs to the OBC Category and has an annual income below 1 Lakh Rupees, which makes her an eligible applicant of the Advocate Grant Scheme but due to non-issuance of new notifications after Exhibit - P10 the petitioner as well as the other advocates enrolled after 30- 06-2021 are not able to apply for availing the Advocate Grant", states the Writ Petition.

The Petitioner has also stated that the non-issuance of notifications for inviting applications from the Advocates enrolled after June 2021 is grossly irregular and against the basic principles of administrative law and jurisprudence. The Petitioner submits that the fundamental rights of all the eligible advocates enrolled after June 2021 have been infringed.

The Petition also underscores that the scheme is still in effect, and as a result, the Respondents are obligated to invite applications from eligible advocates and undertake all necessary measures for the implementation of the scheme.

Cause Title: Adv. Priyanka Sharma M R v. State of Kerala and Another [WP(C) 31882/2023]