Utkarsh Gupta vs State of U.P. Thru. Secy. Nyay Karyalay Lko. and Another — Allahabad HC (2025) — LawSathi Research

Utkarsh Gupta vs State of U.P. Thru. Secy. Nyay Karyalay Lko. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

No final relief granted; interim direction issued to opposite party no. 2 to file counter affidavit on expenses and post-police-verification rejections; matter listed for 7.10.2025.

Issue for consideration

Whether the conditions/instructions/paragraphs nos. 3, 4, 5 and 6 stipulated by opposite party no. 2 (Bar Council of U.P.) for consideration of applications for registration of candidates as Advocates are liable to be quashed. +1 more

Key takeaways

Interim direction: opposite party no. 2 (Bar Council of U.P.) shall file counter affidavit bringing on record the breakdown of expenses involved in processing applications of candidates for registration, and shall indicate how many applications have been rejected after verification from the police regarding criminal antecedents of candidates.¶20

Detailed headnote1 paragraphs

Allahabad High Court, Lucknow Bench (WRIT - C No. 8687 of 2025, September 8, 2025; Sangeeta Chandra and Brij Raj Singh, JJ.) - Utkarsh Gupta v. State of U.P. Through Secretary, Nyay Karyalay, Lucknow and another. Writ petition praying (i) certiorari to quash conditions/instructions/paragraphs nos. 3, 4, 5 and 6 stipulated by opposite party no. 2 (Bar Council of U.P.) for consideration of applications for registration of candidates as Advocates, and (ii) mandamus to decide the petitioner's application dated 17.7.2025. Counsel for petitioner submitted that respondents take over four months to process applications whereas the Delhi Bar Council takes only 15 days; Sri Subhash Chandra Pandey for the Bar Council submitted that the Delhi Bar Council receives few applications while U.P. receives several thousands, the State having a population of almost 28 cores, 75 districts and greater geographical expanse than NCT of Delhi. The Court directed the Bar Council of U.P. to file counter affidavit disclosing the breakdown of expenses involved in processing applications and the number of applications rejected after police verification of criminal antecedents, and listed the matter for 7.10.2025. Procedural/interim order only; no issue finally adjudicated.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

WRIT - C No. - 8687 of 2025

Utkarsh Gupta

.....Petitioner(s)

Versus

State Of U.P. Thru. Secy. Nyay Karyalay Lko. And Another

.....Respondent(s)

Counsel for Petitioner(s) : Lokendra Kumar Gupta Counsel for Respondent(s) : C.S.C., Subhash Chandra Pandey

Court No. - 2

HON'BLE MRS. SANGEETA CHANDRA, J. HON'BLE BRIJ RAJ SINGH, J.

Heard learned counsel for the petitioner, learned Standing Counsel for the State and Sri Subhash Chandra Pandey learned counsel who has put in appearance on behalf of the opposite party no. 2.

This writ petition has been filed by the petitioner with the following prayers :-

(i) Issue a writ, order or direction in the nature of certiorari commanding the opposite party no. 2 to quash the conditions/instructions/paragraphs no. 3, 4, 5 and 6 stipulated for consideration of the application for registration of the candidates as Advocates.

(ii) Issue a writ, order or direction in nature of mandamus commanding the opposite party no. 2 to consider and decide the application dated 17.7.2025 moved by the petitioner to the opposite party no. 2.

Learned counsel for the petitioner has submitted that the respondents are taking a long time of almost more than four months in processing the application of the candidates whereas the Delhi Bar Council would take only 15 days time for consideration of the application for consideration of the candidates as Advocates.

Sri Subash Chandra Pandey, leaned counsel submits that the Delhi Bar Council receives few applications whereas the Bar Council of U.P. receives application for registration in several thousands. Moreover, the State of U.P. has a population of almost 28 cores having 75 districts and the geographical expanse of the State of U.P.

WRIC No. 8687 of 2025

2

is greater than the National Capital Territory of Delhi.

The opposite party no. 2 i.e. the Bar Council of U.P. shall file counter affidavit bringing on record the break down of the expenses involved in processing of the application of candidates for registration. It shall also be indicated that as to how many applications have been rejected after verification from the police regarding the criminal antecedents of the candidates concerned.

List this matter on 7.10.2025.

September 8, 2025 kanhaiya

(Brij Raj Singh,J.) (Mrs. Sangeeta Chandra,J.)

Digitally signed by :- KANHAIYA KUMAR High Court of Judicature at Allahabad, Lucknow Bench