Neetu Prashar & ANR v. District Bar Association Pkl & ORS

Vinod Kumar 2017.08.30 08:44 I attest to the accuracy and integrity of this document CWP No.18288 of 2017 [ 1 ] *****

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP No.18288 of 2017 Date of decision:18.08.2017 Neetu Prashar and another

...Petitioners

Versus

District Bar Association, Panchkula and others

...Respondents

Coram:

Hon'ble Mr. Justice Rakesh Kumar Jain

Present:

Mr. RPS Ahluwalia, Advocate, for the petitioners.

***** Rakesh Kumar Jain, J.

The petitioners, who are the members of the District Bar Association, Panchkula, have filed the present petition for issuance of a direction to the respondents to allot them chambers on the ground floor in terms of Rule 10 framed by the Building Committee (Haryana) in its meeting held on 26.09.2012 (hereinafter referred to as the "Rules"). Rule 10 of the Rules read as under:- "10.

Differently abled Advocates and the Advocates above the age of 65 years of age having more than 30 years of experience at Bar shall be accommodated on the ground floor and the first floor." Rule 10 has three parts; (i) the lawyer must be differently abled, (ii) he/she should be above 65 years of age and (iii) he/she has more than 30 years of experience at the Bar. In the present case, petitioner no.1 has alleged that she was operated upon by Laproscopic Surgery for removal of gall-bladder and has been advised by the doctor to avoid climbing stairs and petitioner no.2 has alleged that she has pain in her knee and hip joints. The petitioners may be having some difficulty but these

CWP No.18288 of 2017 [ 2 ] ***** difficulties are not permanent in nature and, thus, they cannot be categorized as "differently abled person(s)". Of course, the petitioners are neither 65 years of age nor have 30 years of experience at the Bar. Thus, in my considered opinion, they have no right to claim allotment of chamber(s) on the ground floor in terms of Rule 10 of the Rules.

Consequently, the present petition is hereby dismissed being denuded of any merit, though without any order as to costs. August 18, 2017 (Rakesh Kumar Jain) vinod* Judge Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No