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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


                                                  {1}                     ca10184-26.doc
                 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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