NE LEGAL BUREAU
NEW DELHI, SEPT 13
Aspiring to study law, a 77-year old woman has approached the Supreme Court challenging the fresh BCI rules prescribing an upper age limit of 30 for admission.
Denied admission to pursue a three-year LL.B course, Rajkumari Tyagi, a resident of Sahibabad in Uttar Pradesh, moved a plea seeking to intervene in a case already pending on the issue wherein the Bar Council of India (BCI) rule has been challenged.
The BCI rules prescribe an upper age limit of 20 years for 5-year and 30 years for a 3-year LL.B course.
The plea says that Tyagi developed an interest in law after she was left alone to defend the estate of her late husband.
It says that she had dealt with legal complications, without having to resort to a lawyer, at every given point when handling the will or identification of records.
The plea claims that the fresh rules violate Articles 14 (equality before the law), 19(1)(g) (Right to practice any profession or to carry on any occupation, trade or business), and 21 (Protection of life and personal liberty) of the Constitution.
She has urged the court to declare that she has a fundamental right to pursue a legal education in a college or institution of her choice and that the right is protected under Article 21 of the Constitution.
“It has been laid down (by the Supreme Court) that Right to Life under Article 21 of the Constitution, is not limited to mere ”animalistic existence” but also includes right to live with dignity which includes facilities for reading and writing and the right to receive instructions in a course/medium of one’s choice,” the plea says.
