JUDGEMENT
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(1.) THE petitioners, who are six in number, have preferred this writ petition for the following reliefs;
"I. "issue a writ, order or direction in the nature of mandamus commanding the respondents to issue an ad -interim mandamus staying the counseling B.T.C. 2013 dated 15 - 03 -2014.
II. issue a writ, order or direction in the nature of mandamus commanding the respondents to issue choice of the district for counseling of petitioner No. 6.
III. issue any other writ, order or direction which this Hon'ble Court may deem fit and proper in to the facts and circumstances of the case.
IV. Award the cost of the petition in favour of the petitioners."
(2.) SOME of the paragraphs of the writ petition need to be quoted, which are as under;
"3. That the matter is very urgent because the respondents taking the counseling on 15 -03 -2014 which petitioners are very loss if not stay the B.T.C. counseling.
3A - That the all petitioners O.B.C. categories. The petitioners in the merit list in B.T.C. Counseling 2013, so that petitioner No. 1 namely Sandeep Patel counseling in Allahabad district and others counseling district Faizabad/ Ambedkar.
5. That the petitioner No. 1 selected the district Allahabad and 9 others district choice of alternative chances if district Allahabad paid the free seat and then other district select by the petitioner. And petitioners No. 2 to 5 select the district the Ambedkar and 9 others district alternative free paid of the aforesaid district. For kind perusal of this Hon'ble Court a photo copies of the choice of district is being filed herewith and marked as ANNEXURE NO. 2 to this writ petition.
6. That the petitioners after counseling informal final selected list and others districts option of the available aforesaid mentioned. For kind perusal of this Hon'ble Court a photo copies of the selection list is being filed herewith and marked as ANNEXURE NO. 3 to this writ petition.
7. That the petitioners are available chances of the free seat in others districts which 9 alternative districts aforesaid mentioned.
8. That the Respondents publicity in Daily News Paper (Dainik Jagran) 7 March, 2014 declare of the B.T.C. Counseling dated 15 -03 -2014 and other alternative option full free paid of the B.T.C. Seat then will be fill up paid seat in aforesaid district. For kind perusal of this Hon'ble Court a photo copies of the Daily News Paper (Dainik Jagran) is being filed herewith and marked as ANNEXURE NO. 4 to this writ petition.
9. That the petitioners are belong poor family. The petitioners selected the in merit list of B.T.C. 2013.
11. That the petitioner No. 6 is SC. candidate belong to poor family. The petitioner No. 6 is select candidate in B.T.C. Session 2013 which multiple marks 207.51 and select option of 10 district. For kind perusal of this Hon'ble Court A photo copy of the allotted district is being filed herewith and marked as ANNEXURE NO. 6 to this writ petition.
13. That the respondents not available to aforesaid district choice of the petitioner No. 6, so that respondents are act illegal."
(3.) WHEN the matter was taken up, some Senior Advocates, namely, Sri P.N. Saxena, Sri Ashok Khare, Sri R.K. Ojha and Sri G.K. Singh were present in the Court. They also expressed their concern on the falling standard of the Bar. One of the learned Senior Advocates gave a suggestion that like Supreme Court this Court may also consider to hold some examination for Junior Advocates.
The Court leaves this issue to the Bar Association to consider the matter.
The Court finds that several writ petitions are filed with somewhat similar pleadings. The Supreme Court in the case of In Re: Sanjiv Datta, Deputy Secretary, Ministry of Information and Broadcasting, New Delhi and two others, 1995 3 SCC 619 had the occasion to consider the matter with regard to casual approach to the practice by some of the members of the Bar. The Court observed as under;
"19. Of late, we have been coming across several instances which can only be described as unfortunate both for the legal profession and the administration of justice. It becomes, therefore, our duty to bring it to the notice of the members of the profession that it is in their hands to improve the quality of the service they render both to the litigant -public and to the courts, and to brighten their image in the society. Some members of the profession have been adopting perceptibly casual approach to the practice of the profession as is evident from their absence when the matters are called out, the filing of incomplete and inaccurate pleadings - - many times even illegible and without personal check and verification, the non -payment of court fees and process fees, the failure to remove office objections, the failure to take steps to serve the parties, et al. They do not realise the seriousness of these acts and omissions. They not only amount to the contempt of the court but do positive disservice to the litigants and create embarrassing situation in the court leading to avoidable unpleasantness and delay in the disposal of matters. This augurs ill for the health of our judicial system.";
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