- (1.) The petitioner, an association of the Advocates' Clerks has preferred this petition for writ to have direction for the respondent State to frame and promulgate schemes for the welfare of the Advocates' Clerks. As per the petitioner, the Advocates' Clerks are an integral part of the justice delivery machinery, therefore, their profession is having recognition even under the Rajasthan High Court Rules, the General Rules (Civil) 1986 and in several other enactments, but no protection to them has been provided as given to the other professionals like Advocates, Chartered Accountants, Medical Practitioners etc. A need to regulate the profession of Advocates' Clerks has been emphasised with a view to extend efficient service and contribution to the system with higher degree of protection from the hardships attached. It is pointed out that the Advocates' Clerks though are under employment of the individual advocates, but are discharging statutory duties in addition to their private responsibilities with advocates. It is asserted that a deep sense of insecurity exists among the Advocates' Clerks due to non-availability of any set of rules or norms to regulate their service and its conditions.
(2.) While accepting significance of the Advocates' Clerks in the justice delivery system, it is stated by Shri Prithvi Raj Singh, learned Additional Advocate General that no direction to legislate welfare enactments as claimed for can be given by this Court while exercising powers under Article 226 of the Constitution of India or otherwise.
(3.) The significance of Advocates' Clerks in the court management is well known and well recognised and looking to that necessary provisions have been incorporated in several enactments pertaining to the court management. Chapter XXVI of the High Court of Judicature for Rajasthan 1952 regulate functioning of the Advocates' Clerks. Rule 495 of the High Court Rules prescribes that no Advocates' Clerk shall be allowed to do any work in the High Court, unless he has been registered under the Rules and no Advocate shall be permitted to have more than two registered clerks. Rules 496 and 497 of the High Court Rules, relate to qualifications and disqualifications for registration of a person as an Advocate's Clerk. The acts, those can be performed by an Advocate's Clerk are given in Rule 499 of the High Court Rules, as follows:- "(1)Receiving notice on behalf of his master; (2)taking back an appeal or application filed before the Registrar, if found defective or returned by him for presentation in Court; (3)presenting to the Registrar or the Deputy Registrar an application signed by his master for- (a)copy of a document; (b)inspection of a record; (c)return of a document; (d)refund of a surplus balance; (e)translation and printing; or (f)transliteration or translation of a document or the verification of such transliteration or translation; (4)taking notes from the deficiency report of the Stamp Reporter and filing the necessary stamps; (5)depositing money and paying court-fees; (6)receiving paper-book, certified copies etc.; (7)filing Vakalatnama or retainer's slip or certificate of fee; or (8)identifying persons personally known to him inspecting record or swearing affidavit.";