OCI Law Student Moves HC On BCI Enrolment Curbs

Hyderabad: A two-judge panel of the Telangana High Court took on file a writ plea of an aspiring lawyer from the premier Nalsar University of Law challenging the Bar Council of India rules governing enrolment of foreign nationals and adjourned the matter for response. The panel comprising Chief Justice Aparesh Kumar Singh and Justice G.M. Mohiuddin was dealing with a writ plea filed by Gurrala Srivar Venkat Reddy, seventh semester student holding an Overseas Citizen of India card. The student appeared as party-in-person and contended that he joined the BA LLB (Hons) course under the foreign national category with the intention of practising as a litigating advocate in India. He relied on the Ministry of Home Affairs (MHA) Notification dated March 4, 2021, issued under the Citizenship Act, 1955, which granted parity to OCI card holders with non-resident Indians in pursuing professions and expressly included advocates. The petitioner contended that a subsequent gazette notification issued by the Bar Council of India, framed as the Rules on Enrolment and Practice of Foreign Nationals, which disallowed OCI card holders from enrolment as advocates and confined them to non-litigious practice, running contrary to the MHA notification. He submitted that the impugned BCI rules directly curtailed his eligibility for enrolment despite the parity granted by the Central government. The panel ordered notice to enable the government and the Bar Council to respond to the plea.

HC dismisses Qazi appointment appeal

A two-judge panel of the Telangana High Court comprising Justice Moushumi Bhattacharya and Justice Gadi Praveen Kumar dismissed a writ appeal challenging the recommendation made for the appointment of a Government Qazi for Vikarabad municipality and mandal, holding that the proceedings impugned were only recommendatory in nature and that the writ petition itself was premature. The panel was hearing a writ appeal filed by Qazi Syed Mukthadir Ali Quadri. The appellant challenged the order of a single judge who declined to interfere with proceedings of February 2024, issued by the district collector, Vikarabad, recommending another individual for appointment as Sadar Qazi for Vikarabad municipality and mandal. The appellant contended that the recommendation was vitiated by incorrect findings regarding the eligibility and experience of the recommended candidate, particularly the claim of four years’ experience as Naib Qazi. He further contended that objections raised by him were not considered and that the recommendation would unlawfully curtail his area of functioning, as he was discharging duties as Qazi in the region since 2005. Opposing the appeal, the respondents contended that the recommendation was made after due enquiry and consultation as mandated under the applicable Government Orders, and that there was a demonstrated local requirement for appointment of a separate Sadar Qazi for Vikarabad, as religious functions were being performed by Qazis from neighbouring districts. The panel noted that the proceedings of February 2024 amounted only to a recommendation by the district collector and not a final appointment, which could be made only by the state government in terms of a government order of April 2022. The panel also referred to the Qazis Act, 1880, which vests the state government with conclusive authority in matters relating to appointment of Qazis. Holding that the writ plea was premature and that the grievance essentially related to reduction of the area of the functioning of the appellant, the panel found no legal infirmity either in the recommendation process or in the order of the single judge. Accordingly, the panel dismissed the writ appeal.

HC notice on liquor shop licence

Justice N.V. Shravan Kumar of the Telangana High Court ordered notice to the Principal Secretary (revenue-excise), the commissioner of prohibition and excise and other competent authorities in a writ plea challenging the grant of a liquor shop licence in a residential locality at Dammaiguda in Medchal–Malkajgiri district. The judge was dealing with a writ plea filed by Beti Raji Reddy. The petitioner alleged that the prohibition and excise department illegally granted permission to M/s Rudra Wines to operate a liquor and wine shop along with a permit room in a residential area at Dammaiguda. The petitioner contended that the action was in violation of the provisions of Telangana Excise Act, 1968, and the Telangana Excise (Grant of Licence of Selling by Shop and Conditions of Licence) Rules, 2012. The petitioner also relied on an earlier High Court ruling laying down restrictions on the establishment of liquor outlets in residential localities. After preliminary hearing, the judge ordered notice to the respondent authorities.