IN THE SUPREME COURT OF INDIA
CIVIL 
I.A. NO. OF 2017
IN

WRIT PETITION (CIVIL) NO. 1023 OF 2016

IN THE MATTER OF

Rishabh Duggal Another
PETITIONERS

VERSUS

The Bar Council of India Another
RESPONDENTS

AND IN THE MATTER OF

Micheal Sam

AN APPLICATION FOR IMPLEADMENT AS PARTY-
RESPONDENT

PAPER BOOK

(FOR INDEX -- PLEASE SEE INSIDE)

ZOHEB HOSSAIN
ADVOCATE FOR THE APPLICANT

INDEX
S.N
O

PARTICULAR(S)

1.

Application for Impleadment along
with Affidavit

2.

ANNEXURE A-1: True Copy of the
Order dated 03.01.2017 passed by
this Hon’ble Court

3.

ANNEXURE A-2: True Copy of the
Certificate dated 28.05.2015 by the
Orphanage

4.

ANNEXURE A-3: True Translated
Copy of the Notification published on
Maharashtra Gazette, bearing RNI No.
MAHBIL/2009/31874, dated

5.

ANNEXURE A-4: True Copy of the
Secondary School Certificate, dated
07.06.2013,
awarded
by
the
Maharashtra
State
Board
of
Secondary & Higher Education

6.

ANNEXURE A-5: True Copy of the
brochure of IDIA dated NIL

7.

ANNEXURE A-6: True Copy of IDIA
Scholar Stories dated NIL

PAGE
NOS.

 IN THE SUPREME COURT OF INDIA
CIVIL 
LA. No OF 2017
IN

WRIT PETITION (CIVIL) NO. 1023 OF 2016

IN THE MATTER OF

Rishabh Duggal Another
PETITIONERS

VERSUS

The Bar Council of India Another
RESPONDENTS

AND IN THE MATTER OF

Micheal Sam

APPLICANT

APPLICATION FOR IMPLEADMENT AS PARTY-
RESPONDENT
To,

Hon'ble the ChiefJustice of India and
His Companion Judges of the
Supreme Court of India

MOST SHOWETH:

1. The abovementioned Writ Petition under Article 32
of the Constitution of India has challenged the
validity of Clause 28, Schedule Rule 11 of the
Rules of Legal Education, 2008 Rules')
which prescribe an arbitrary age limit of 20 years
and 30 years respectively for admission into the 5-
Year and 3-Year LLB programmes of all law schools
in India.

2
2.

This Hon’ble Court, on 03.01.2017, issued notice
to the Bar Council of India (‘BCI’) and Ministry of
Law & Justice (Union of India) Respondent Nos. 1
and 2, respectively. True Copy of the Order, dated
03.01.2017, passed by this Hon’ble Court is
annexed herewith as ANNEXURE A-1 (Page No.
).

3.

The Applicant, Michael Sam, is a 21 year old
orphan who desires to enter the hallowed halls of
the legal profession. To this end, the Applicant has
been preparing for the Common Law Admission
Test

(‘CLAT’)

and

other

law

entrance

examinations in order to gain admission to one or
more of the premier law colleges/universities in
the country, including the various National Law
Universities (‘NLUs’). The Applicant, currently
aged about 21 years and studying in Class 12, has
been disqualified from seeking admission to any
of the law schools in India by virtue of the age bar
reintroduced

by

the

BCI.

Consequently,

the

Applicant has been denied the opportunity to
appear for the CLAT Entrance Test – 2017-18.
Aggrieved thereby, the Applicant prefers the
present application to seek the permission of this
Hon’ble Court to implead himself as a party to the
present proceedings.
The Story of Michael Sam
4.

The Applicant, originally named Bala Bhimrao,
now called Michael Sam (by way of Maharashtra
Gazette notification in the year 2015) is an orphan
child and has battled several odds to reach where
he is today.

 3

True Copy of the Certificate dated 28.05.2015 by
the Orphanage is annexed herewith as

ANNEXURE A-2 (Page N05. to 
True Translated Copy of the Notification published

on Maharashtra Gazette, bearing RNI No.
--dated . is
annexed herewith as ANNEXURE A-3 (Page

N05. to 
His inspiring story is narrated below:

i. The Applicant was abandoned at birth by a
set of parents who till date, remain unknown.
He was found by a lady, one Ms. Hashumati
Lalit at Suchak Naka, Kalyan East, Thane
Dist. (Maharashtra) on 9th March, 1995. This
date is regarded as the birth date of Michael
Sam for all official purposes.

ii. Michael Sam was supported and looked after
by Ms. Hashumati Lalit till the year 2001,
when he was admitted to the Shelter Ark
Orphanage, New Panvel in Raigad district,
Maharashtra.

While at the orphanage, funds from various
donors helped Michael Sam get educated till
Class from the St. Joseph's High School.
True Copy of the Secondary School
Certificate, dated 07.06.2013, awarded by
the Maharashtra State Board of Secondary 
Higher Education is annexed herewith as
ANNEXURE A-4 (Page No. 

iv. As per the rules of Shelter Ark Orphanage,
upon completing Class X, Michael Sam was
required to vacate the hostel and fend for
himself. Thereafter, he was out on the streets

4
and

struggled

during

the

initial

days.

However, the stars soon shone on him and
he was able to get a job as a carpenter at
L&T Realty, the real estate development arm
of Larsen and Toubro (L&T). He also began to
learn a course in carpentry from the same
firm. Michael Sam worked with L&T till the
year 2014.
v.

Later, he found a job as an attender/helper at
a canteen in Fort, Mumbai. But the spark of
knowledge burnt bright and he yearned to
learn again. Using his meagre savings, he
enrolled in a night college (Kannada Bhavan
Education Society Junior College) to pursue
his Class XI and XII. However, in order to
make ends meet, he continued as a full timeworker at the canteen.

vi.

Constantly

striving

to

improve

his

lot,

Michael Sam later found a better job (around
April, 2016) with the currency chest of IDBI
bank. His main tasks were to filter out soiled
and fake currency.
vii.

Through an interaction with IDIA volunteers
in January 2016, Michael became interested
in the profession of law. As part of its overall
efforts to sensitise more underprivileged
students to law and legal education, IDIA
volunteers
College,

from

Mumbai

the
(GLC)

Government
visited

Law

Michael’s

school and spoke about the power and
promise of the law, its potential for social
transformation and the pursuit of justice. This
appealed greatly to Michael and his keen

 5
desire to make something of himself and his
life.
IDIA Training and Scholarship:
5.

Founded in 2010, IDIA (‘Increasing Diversity by
Increasing

Access

to

Legal

Education’)

is

a

charitable trust comprising noted legal luminaries
such as Hon’ble Mrs. Justice Ruma Pal (Retd.) and
Professor (Dr) MP Singh as trustees. It is a pan
India movement to train underprivileged students
and help transform them to leading lawyers and
community advocates. IDIA is premised on the
notion that access to premier legal education
empowers marginalized communities and helps
them help themselves. The project is run on the
backbone of highly passionate student volunteers
from various law schools, who travel across the
length

and

breadth

of

India

to

identify

marginalised students with an aptitude for the
study of law. The selected students are rigorously
trained to appear for the leading law entrance
examinations

such

as

CLAT

(Common

Law

Admission Test) and AILET (All India Law Entrance
Test). IDIA further arranges for scholarships and
institutes rigorous mentorship/academic support
programmes to help candidates blossom to their
full potential and take their rightful places as
leading lawyers and community advocates. To this
extent,

it

administers

training

programmes

through its CHAMPS initiative, where students are
coached through the year in order to convert
them into leading lawyers and citizens who are
Creative,

Holistic,

Altruistic

Problem Solvers (CHAMPS).

and

Maverick

 6
6.

In the last six years, approximately 88 students
trained by IDIA have secured admission to various
law schools in India, and of this number, around
68 gained admission to the leading NLUs. They
reflect a truly diverse mix, comprising candidates
from various parts of India who battled severe
odds to get to where they are now: many of them
children of farmers, stone quarry workers, truck
drivers and clerks. Details pertaining to IDIA and
its

various

activities

can

be

found

at

www.idialaw.com. Attached herewith is a brochure
of IDIA, as well as a booklet containing the various
scholar stories and their backgrounds [Copy of the
brochure of IDIA dated NIL is marked and attached
as Annexure –A-5 at Page No.

to

]. Copy

of the IDIA scholar Stories dated NIL is marked
and attached as Annexure –A 6 at Page No. to
___).
7.

Based on largely objective parameters (including
a test for logical reasoning), IDIA volunteers found
that Michael Sam possessed a formidable aptitude
for the study of law. He could articulate his
thoughts clearly and persuade powerfully with his
reasoning

and

argumentation.

IDIA

therefore

selected him as an IDIA Trainee Scholar, eligible
for free coaching (for CLAT and other law entrance
examinations), mentorship and other academic
support.
8.

As per the IDIA scholarship, Michael was also
eligible for free coaching at any of the training
centres of one or more of IDIA’s partners,
including IMS and LST, two of the leading CLAT
coaching
residence

institutes.
and

ease

Based

on

his

of

travel,

place

of

Michael

in

 7
consultation with the IDIA team decided to enroll
at a centre operated by IMS in Churchgate,
Mumbai.
9.

In order to enable Michael to pursue his training
with some rigor, IDIA through its donor partners
(most notably Thomson Reuters India Ltd, which
instituted a specific fund at IDIA for training
scholars) made available a monthly stipend to
Michael to meet his daily needs and advised him
to leave his job at the IDBI currency chest.

10. Over the last several months, Michael has been
working very hard preparing for CLAT and other
law entrance examinations to realise his dream of
becoming a lawyer. However, Michael was visibly
shattered when he found that he was no longer
eligible to take the law entrance exam owing to
the age bar imposed by the Respondent No. 1,
i.e., BCI, and subsequently adopted by the CLAT
body.
11. His disappointment is best expressed in this poem
below, written by a friend, philosopher and guide:
Coming of Age
Is age a mere number,
Or something of a stumbler?
How would I know?
When I’ve got nothing to show
No laughter, no light,
No parent in sight.
But a soul so kind
On a road did (me) find
Picked up and led,
To an orphanage that fed.
Stayed for some years
But soon there were tears

 8
For I had to make way,
for another child to stay.
On the streets I found
Much fury and sound
Did odd jobs and all,
to find food and stall.
But loved to read and think
And make many a link
Discovered one day
The law and its way
Through an IDIA that came,
with a more inclusive game.
Access, Diversity and all
Elite bastions to fall
Charging me with hope
About the law and its stroke
To fight injustice we see,
and be the best we can be.
But alas,
CLAT said no!
Too old for school you know.
With sadness I find
The law is unkind
Age is a ceiling
For those without feeling.
The name’s Michael Sam
But who gives a damn!
Born without a date
Then left to my fate
Orphaned by parents,
And now by the state.
~ Michael Sam (Feelings my own; expressed
through a friend. For when the heart is heavy,
words are but few)
12. The Applicant therefore seeks the permission of
this Hon’ble Court to challenge this highly unjust
and inequitable age barrier imposed on him and
those similarly situated, who may not have been
dealt a good hand at birth, and have had to

 9
struggle to educate themselves. And now find
themselves on the wrong side of the age barrier.
13. Even outside of his own circumstances, Michael
firmly believes that his age and experience will
bring

a

rare

diversity

into

the

law

school

classroom and enrich the educational process. He
strongly believes that there is no rational nexus
whatsoever

between

one’s

age

and

his/her

capacity to study and excel in the law. He is given
to

understand

that

several

leading

legal

luminaries entered law schools much later in their
lives, and yet went on to make their mark in the
profession.
14. The applicant adopts in toto the grounds raised in
the Writ Petition, including the constitutional
infirmity of the age bar, its deleterious impact on
his fundamental right to education and profession
under Article 19 and 21, its innate arbitrariness
and lack of rational nexus with the study of the
law and the ability to excel therewith under Article
14 and the sheer lack of competence on the part
of the BCI to impose such age restrictions. The
Applicant seeks liberty to urge additional grounds
in support subsequently.
15. The Applicant has no other efficacious remedy,
other than seeking just and appropriate relief from
this Hon’ble Court in the present proceedings.
This application is being made bona fide and in
the interests of justice. In view of the above, it is
humbly prayed to implead the Applicant as a
necessary party to the present proceedings.
PRAYER

 10
In the premises, it is most respectfully prayed that
this Hon’ble Court may be pleased to:
(a)

Implead

the

Applicant

herein

as

Party

Respondent No. 3 in Writ Petition (Civil) No.
1023 of 2016; and
(b)

Pass such other and further orders as this
Hon’ble Court may deem fit in the facts and
circumstances of the matter.
FILED BY:

Drawn On
Filed On :

: 12.01.2017
.01.2017
Zoheb Hossain
Advocate for the Applicant