Kerala High Court Directs State To Issue Preceding Two Years Notifications For Disbursing Annual 12K Grant To Junior OBC Advocates

Justice Devan Ramachandran stated that the benefit given to the young lawyers under the Scheme cannot be denied for no perceptible reason and observed that there was no reason for non-issuance of notification for the years 2021-22 and 2022-23. It directed thus:

Therefore, I allow this writ petition with a consequential direction to the competent authority of the first respondent to issue necessary notifications under the scheme in question both for the years 2021-22 and 2022-23 at the earliest but not later than one month from date of the receipt of the copy of the judgment consequent to which the second respondent or such other competent authority will ensure that the eligible young advocates are given the benefits thereunder.”

The Court passed the above order in a plea moved against non-issuance of notification for 2022 or 2023 to claim an annual grant of twelve thousand rupees to the junior advocates belonging to the OBC category for purchasing uniforms and books. The notification was first issued in the year 2012-13. The State Government was arrayed as the first respondent and the Director of the Backward Classes Development Department was arrayed as the second respondent in the writ petition.

During the hearing today, Court noted that the Government cannot deny the benefits of the scheme to the young lawyers who were eligible for it. It noted that the scheme was issued under the aegis of the Backward Classes Development Department of Kerala for the benefit of young lawyers from disadvantaged communities. It further noted that young lawyers from disadvantaged backgrounds find it extremely difficult to survive in the legal profession during their initial years and the OBC Advocate Grant Scheme was meant to help them sustain in the profession.

Justice Ramachandran noted that the amount of Rs. 12,000 per year for a young lawyer, particularly from a backward community, is very valuable. It noted that young advocates who join the profession face grave financial issues and drop out of the profession due to a lack of sufficient support. The Court stated that the legal system requires successful lawyers, judges and jurists from such communities/classes and that the system should support them in every possible way.

The Court stated that the Government had absolutely no reason for non-issuance of notification under the OBC Advocate Grant Scheme since 2021. On the above observations, the Court allowed the writ petition and directed the Government to issue necessary notifications for the years 2021-22 and 2022-23 and to ensure that amounts were disbursed to the eligible young lawyers under the Scheme.  

Counsel for the petitioner: Advocates Ajmal A, Dhanush CA and Rinshad TP.

Counsel for the respondents: Government Pleader Sunil Kumar Kuriakose

Case title: Adv. Priyanka Sharma M R v State Of Kerala & Anr.

Case number: WP(C) 31882/2023