Sushree Mohanty
The High Court Bar Association (HCBA), Allahabad and the Awadh Bar Association High Court, Lucknow has resolved to avoid coming to judicial work to communicate their displeasure over the passing of the Uttar Pradesh Educational Services Tribunal Bill, 2021.
The two associations have cited various purposes behind contradicting the Bill. While High Court Bar Association, Allahabad is restricting the Bill as the Bill proposes to set up Tribunal’s Principal Bench in Lucknow, the Awadh Bar Association is expressing its disapproval over the bifurcation of the Tribunal at two different places.
On February 23, an important emergency meeting was held through video conferencing medium of the Governing Council of Awadh Bar Association, High Court, Lucknow. The meeting was presided by the chairman of the council, Senior Advocate HGS Parihar.
The council in the said meeting came to the conclusion that it “will abstain from judicial work on 24.02.2021” and will stage a strike in peaceful manner near the High Court.
The HCBA meeting was conducted in the Old Study Room on February 23, 2021.
During the meeting, all the authorities and legal counsellors opposed the passing of the Uttar Pradesh Education Service Tribunal Bill by the State Government and demanded that the Government should establish the Tribunal as per the direction of the Supreme Court.
The meeting was headed by Amrendra Singh, along with other members of the council.
It is argued that the manner in which the Annual Budget of 2021 (which likewise manages the foundation for the Education Tribunal) was achieved by the State government is hazardous.
In building up the Education Tribunal at Lucknow, not only the legal advocates be compromised, but also the teachers and individual staffs wil; also face an emergency situation.
It was submitted that the Principal seat of the council should to be in Prayagraj and the other seat can be comprised in Lucknow.
During the resolution, in September 2019, the Deputy Chief Minister had asserted the Bar Association that the Principal Bench of Education Tribunal would be set up in Allahabad and that the subordinate seat would be in Lucknow.
Earlier when the Uttar Pradesh budget plan was passed by the government, the Deputy Chief Minister of UP, Dinesh Sharma stated that “The issue of the educational service tribunal has been settled. Presently, two seats of the council will be set up, one in Lucknow and another in Allahabad,”
It was then informed by Dinesh Sharma during the budget disclosure that the courts will have the same number of individuals.
In 2019, when the government chose to set up the Education Tribunal in Lucknow, the bar affiliations had went on a strike.
The court took cognizance of the matter and notifications were served upon the public authority.
On the matter of staging a strike, the Division Bench comprising of Justices Sudhir Agarwal and Rajeev Mishra in In Re: Dispute Relating to Place of Establishment of Adjudicatory Forum Like Specialized Tribunal etc opined that
“We can’t close our eyes from the fact that Courts at Allahabad and Lucknow both are reeling under intense amount of pending cases which has gone past 9.25 lakhs at the two places aggregately. From one perspective, Stakeholders are trying to make strides for early disposal of the pending issue so litigants may get justice at an early date however, legal work is incapacitated bringing about virtual non disposal of cases and baffling the very endeavour with respect to Stakeholders towards decrease in pendency of huge arrears“
The meeting held by the Awadh Bar Association additionally discussed on the issue of the bifurcation of the Educational Tribunal and said that there is a feeling of “outrage” among the individuals from the association.
The State government had concluded at first to set up the Educational Tribunal in Lucknow , yet later it chose to bifurcate the Tribunal and the same was appropriated between Allahabad and Lucknow.
Another issue under contention concerns the area of the proposed Goods and Services Tax (GST) Tribunal.
It was recently proposed by the State government to set up the Tribunal for Goods and Services Tax and the Company Law Tribunal at Lucknow, yet till date, no update has been given by the authority on this front.
Further, the Bar Association collectively affirmed the minutes of the previously held meeting on February 11, 2021 when the decision to boycott court was passed in the wake of a request passed by the Allahabad High Court on February 9 (Writ Tax No.655 of 2018).
The said order in gave instructions to the Union of India to establish the Principal/State Bench of the GST Tribunal at Allahabad.
The Association demanded that the Tribunal be situated in Lucknow. It is argued by the Lucknow Bar Association that the Court’s decision on February 9, 2021 is in clash with the order passed in Oudh Bar (Association) High Court, Lucknow v. Association of India.
Regarding the complaint over the inability to expand the territorial jurisdiction, it is observed that a recently built structure at the Lucknow Bench has 25 courts (of 55) empty.
It is contended that there have been past requests for expanding the territorial jurisdiction purview of the Lucknow Bench to regions of Kanpur, Bareily, Moradabad and Merrut. However, no decisions have been made yet.
