Bombay High Court
MATSYODARI SHIKSHAN SANSTHA JALNA THR ITS SECRETARY AND ANOTHERversusTHE BAR COUNCIL OF INDIA THR ITS SECRETARY AND OTHERS
- Disposal
- DISPOSED OFF
Holding
The Court ordered the petitioner to deposit Rs.8 lakh within two weeks, subject to the outcome, and disposed of the civil application.
Summary
Matsyodari Shikshan Sanstha, Jalna (Petitioner) filed a civil application challenging three communications dated 10, 22 and 26 August 2026 in which the Bar Council of India demanded a late fee of Rs.4 lakh per course, totalling Rs.8 lakh, for affiliation. The Petitioner argued that the university granted affiliation only on 4 June 2026, after the Bar Council’s cutoff date of 5 March 2026, making timely submission impossible, and noted that it had already deposited Rs.47 lakh with the Council. The Court held that the Petitioner must deposit the demanded Rs.8 lakh within two weeks, without prejudice to its rights, and that the Bar Council must issue approval of the affiliation within four weeks thereafter. The order was made subject to the final outcome of the petition. The civil application was thereafter disposed of.
Issues considered
- Whether the petitioner is liable to pay the late fee demanded by the Bar Council of India for affiliation after the prescribed cutoff date
- Whether the court can condition the payment of the fee on the pending outcome of the petition
Subjects
- affiliation
- Bar Council of India
- late fee
- university affiliation
- civil application
- conditional order
- deposit
Judgment
2026:BHC-AUG:45883-DB
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drp
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD
CIVIL APPLICATION NO. 10184 OF 2026
IN
WRIT PETITION NO.9738 OF 2026
Matsyodari Shikshan Sanstha, Jalna
Through its Secretary and Another PETITIONERS
VERSUS
The Bar Council of India and Others RESPONDENTS
.......
Mr. S. S .Tope, Advocate for the Applicants
Mr. A. B. Girase, Government Pleader for Respondent - State
Mr. Prashant R. Nangare, Advocate for Respondent No.1
Mr. M. D. Narwadkar, Advocate for Respondent No.3
Mr. M. V. Navandar, Advocate for Respondent No.5
....…
[CORAM : NITIN B. SURYAWANSHI, &
ABASAHEB D. SHINDE, J. J.]
DATE : 30th SEPTEMBER, 2026
ORDER :
1. By this Civil Application, the Applicant / original Petitioner
challenges communications dated 10th August, 2026, 22nd
August, 2026 and 26th August, 2026, by which late fee of Rs.4
lakh per course (totaling to Rs.8 lakhs) is demanded from the
Applicant / Petitioner.
2. It is the contention of the Applicant that the affiliation was
granted by the University on 4th June, 2026 and the same was to
{2} ca10184-26.doc
be furnished as per the cutoff date prescribed by the Bar Council
of India i.e. 5th March, 2026. The Applicant, therefore, contends
that it was beyond the control of the Applicnat that it could not
produce the affiliation on or before the said cutoff date. It is
further contended that, till date, the Petitioner has already
deposited an amount of Rs.47 lakh with the Bar Council of India.
3. Be that as it may, the Petitioner shall deposit an amount of
Rs.8 lakh with the Bar Council of India, within a period of two
weeks from today, without prejudice to the rights and conditions
of the Petitioner, which shall be subject to the outcome of the
present Petition. On deposit of the aforesaid amount, the Bar
Council of India shall issue approval to the affiliation granted in
favour of the Petitioner within a period of four weeks thereafter.
4. The Civil Application is disposed of.
[ ABASAHEB D. SHINDE ] [ NITIN B. SURYAWANSHI ]
JUDGE JUDGE
drp/ca10184-26.doc
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