The Rajasthan High Court has issued significant directions for the financial support of junior advocates while adjudicating an application for the condonation of delay in a Motor Accident Claims appeal. Justice Anoop Kumar Dhand directed the establishment of a “Junior Advocates Welfare Fund” to assist young lawyers in purchasing necessary law books, emphasizing the need to support first-generation legal professionals.
Case Background
The matter came before the High Court via a Civil Miscellaneous Appeal filed by Smt. Meena Devi and others (Appellants) against Rahul Haldiya and others (Respondents). The appellants were challenging the judgment and award dated January 10, 2017, passed by the Motor Accident Claims Tribunal, Dausa. The appeal, however, was time-barred, having been filed with a delay of 450 days. An application under Section 5 of the Limitation Act was moved by the appellants seeking condonation of this delay.
Arguments of the Parties
The counsel for the appellants submitted that the delay occurred because the appellants could not contact their counsel and were consequently unaware of the impugned judgment passed by the Tribunal. It was argued that the compensation awarded by the Tribunal was inadequate, and the appeal was filed to seek an enhancement of the amount. The appellants prayed for the delay to be condoned to allow the matter to be heard on merits.
Court’s Observations and Analysis
Justice Anoop Kumar Dhand observed that the Court was “not satisfied with the reasons/explanation given for the inordinate delay of 450 days.” However, considering that “important questions of law and facts are involved in this appeal,” the Court decided to allow the application subject to a cost.
The Court utilized this opportunity to address the systemic challenges faced by young lawyers. Justice Dhand remarked:
“The first generation young budding lawyers have no support to establish their practice and they have no resources to purchase the necessary law books, which are required by them every day.”
The judgment highlighted the financial instability faced by junior advocates, noting that “money problems are very common for Young Advocates” and that “without access to necessary law books, they struggle to prepare cases efficiently.”
The Court emphasized the importance of institutional support, stating:
“Support growth, respect young talent and help to create a legal system where every young budding lawyer feels confident and helpful.”
Decision and Directions
The High Court allowed the application for condonation of delay, subject to the appellants depositing a cost of Rs. 11,000/-.
In a landmark move for the welfare of the legal fraternity, the Court issued the following specific directions:
- Creation of Fund: The President/Secretary of the Rajasthan High Court Bar Association, Jaipur, were directed to create a separate bank account titled “Junior Advocates Welfare Fund for purchasing Law Books.” The cost imposed on the appellants is to be deposited into this fund.
- Disbursement to Juniors: The Court directed that a sum of Rs. 5,000/- be disbursed from this account to Junior Advocates who are below the age of 28 years and have practiced for at least one year but not more than five years.
- Selection Process: The Bar Association was directed to prepare a list of eligible advocates who are unable to purchase law books. The disbursement is to be made on a “first come first serve basis.”
- State-Wide Scheme: The Court directed the State Government, Bar Council of Rajasthan, and all Bar Associations (from High Court to Taluka level) to frame a scheme titled “The Rajasthan Advocates (Aid to purchase Law Books) Scheme.”
- Under this proposed scheme, Purchase Committees would be constituted to provide one-time aid of Rs. 5,000/- to eligible junior advocates.
- Beneficiaries must submit cash memo receipts for the books purchased within one month.
- The Court suggested that Senior Advocates be requested to voluntarily contribute to this fund.
The Court directed the compliance report regarding the opening of the bank account and disbursement to be submitted, listing the matter for a compliance check on March 6, 2026. Copies of the order were directed to be sent to the Chief Secretary, Law Secretary, Bar Council of India, and Bar Council of Rajasthan.
Case Title: Smt. Meena Devi & Ors. vs. Rahul Haldiya & Ors.
Case Number: S.B. Civil Miscellaneous Appeal No. 3327/2018
