Bar Council of India (BCI) isn’t an ‘enterprise’ that abused its dominance: Supreme Court

Case Details: Thupili Raveendra Babu v. Competition Commission of India - [2022] 139 taxmann.com 114 (SC) 

Judiciary and Counsel Details

• • Sanjay Kishan Kaul & M.M. Sundresh, JJ.
  • Samir Agrawal, Adv, Amarjeet Singh, AOR & Ms Divya Verma, Adv., for the Appellant.

Facts of the Case

In the instant case, the Appellant who was 52 years of age challenged rule framed by the Bar Council of India by virtue of which candidates attaining the age of more than 30 years was barred from pursuing a legal education.

NCLAT Held

NCLAT held that the Bar Council of India is a statutory body established under section 4 of the Advocate Act, which is an exclusive rule-making authority to set standards of legal education and, thus, it could not be said to be an ‘enterprise’ within the meaning of section 2(h), which abused its dominant position.

In view of the aforesaid, the Hon’ble Supreme Court dismissed an appeal filed against the impugned order passed by NCLAT. However, dismissal of an appeal would not come in way of the appellant approaching an appropriate legal forum to adjudicate the controversy. However, the dismissal of the appeal will not come in the way of the appellant approaching the appropriate legal forum to adjudicate the controversy.