Mohit Kumar Gupta & ANR v. Reserve Bank Of India & ORS
$~17 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 3181/2016 MOHIT KUMAR GUPTA & ANR ..... Petitioners Through:
Ms. Sashi, Petitioner No.2 in person versus RESERVE BANK OF INDIA & ORS ..... Respondents Through:
Mr. H.S. Parihar, Advocate with Mr. K.S.
Parihar, Advocate for R-1 & R-3 Mr. Preet Pal Singh, Advocate for R-2
CORAM:
HON'BLE MR. JUSTICE SIDDHARTH MRIDUL
O R D E R
% 15.09.2016 The present petition under Article 226 of the Constitution of India has been filed by the students of Campus Law Centre, Delhi University, who are pursuing a three year LL.B. Degree, which prays as follows:- "In the facts and in the circumstances of the case it is most humbly and respectfully prayed that this Hon'ble Court may be pleased to:
A. Issue a Writ of Mandamus to Reserve Bank of India to allow the petitioners to apply for the Summer Placement in the month of July, 2016 on the basis of Bonafide Certificate issued by their college;
B. Stay the operation immediately and/or quash the BCI Circular No.5/2014 BCI:D:1478/2014 (LE) dated 11.09.2014;
C. Declare formally the equivalence of Three Years Bachelor in Laws with Five Years Integrated Bachelor in Laws in conformity with provisions contained in Advocates Act, 1961 for all purposes and direct the office of Bar Council of India to notify the same as soon as possible to information of general public, government institutions and others;
D. Direct the office of Human Resource and Management Development (HRMD), Reserve Bank of India to release a 'Corrigendum' stating the change in eligibility criteria of Summer Placement within a week of receipt of the order;
E. Direct an inquiry about the illegal selection of law students in Summer Placements carried outside the purview of said scheme by RBI;
F. Recommend to the office of RBI to comprehensively review the Summer Placement policy to address all issues raised by the petitioners;
G. Direct the Bar Council of India and though them, each state bar council to comply with Clause 26, Schedule III (Minimum infrastructural facilities required in a Centre of Legal Education for applying permission to run law courses with affiliation from an Indian University); and H. Pass any other order(s) as this Hon'ble Court deems fit in the interest of justice."
Mr. K.S. Parihar, learned counsel appearing on behalf of respondent No.1/Reserve Bank of India has handed over in Court today an additional affidavit dated 08.09.2016, authored by Mr. Shiv Yadav, AGM, Reserve Bank of India, Human Resource Management Department, Regional Office, New Delhi. The same is taken on record. Paragraph 4 thereof reads as under:- "4.
It is submitted that the Summer Placement Scheme in the Reserve Bank of India was reviewed and a decision was taken to include students pursuing three year full time professional degree in Law as eligible to apply for the internship scheme. The revised details of the scheme was placed in the Bank's website www.rbi.org.in accessible by the general public on September 30, 2015. However, it was not considered necessary by the Bank to issue a notification in this regard as the Scheme is not an equal opportunity employment scheme. Hence, there is no discrimination between the students who are studying law as a profession integrated course for a period of five years and those who are studying law as a professional course for a period that is not less than three years."
A perusal of the above paragraph clearly reveals that the Reserve Bank of India will not discriminate between the students, who are studying law as a professional integrated course for a period of five years and those who are studying law as a professional course for a period that is not less than three years.
In view of the above statement made on behalf of Mr. Shiv Kumar Yadav, since the reliefs sought on behalf of the petitioners, except prayer clause
G stand satisfied, the petitioner No.2, who appears in person, prays for leave to withdraw this petition with liberty to institute an appropriate proceeding, in accordance with law, seeking a direction to the Bar Council of India to comply with Clause 26, Schedule III (Minimum infrastructural facilities required in a Centre of Legal Education for applying permission to run law courses with affiliation from an Indian University).
Leave and liberty granted.
The petition is dismissed as withdrawn and disposed of accordingly. SIDDHARTH MRIDUL, J SEPTEMBER 15, 2016 dn