On Tuesday (April 15), the Supreme Court
directed the Delhi High Court to reconsider the applications for senior
advocate designations that were deferred or rejected in November last year, in
line with the High
Court of Delhi Designations of Senior Advocates Rules, 2024.
The
bench, comprising Justice Abhay S. Oka and Justice Ujjal Bhuyan, issued the
direction “in the peculiar facts of the case and to prevent injustice to any of
the applicants.” During the hearing, Justice Oka remarked that the records
indicated the marks awarded by one member of the Permanent Committee had not
been taken into account. "The issue prima facie is that marks assigned by
one member have not been considered," Justice Oka said.
The
bench disposed of the writ petition challenging the senior designation process,
issuing specific directions for reconsideration. After reviewing the affidavit
submitted by Mr. Sudhir Nandrajog and the documents provided by the Registrar
General of the Delhi High Court, the Supreme Court held that the appropriate
course of action would be to direct the High Court to reassess the cases of
candidates whose applications were either deferred or rejected, in accordance
with the High Court of Delhi Designations of Senior Advocates Rules, 2024.
Accordingly, the Court directed the Registrar General to initiate the
reconstitution of the Permanent Committee as per Rule 3 of the 2024 Rules. Once
reconstituted, the Committee is to re-evaluate the deferred and rejected
applications strictly in line with the existing rules.
During
the hearing, Senior Advocate Vikas Singh, representing one of the petitioners,
urged the bench to direct that the fresh evaluation process be completed within
four weeks. However, the bench declined the request. Justice Abhay S. Oka noted
that the process would require time to thoroughly review the judgments and
documents submitted by the candidates. In response, Singh pointed out that the
earlier designations in November were carried out "overnight,"
arguing that there was no reason the current process couldn’t also be conducted
swiftly. When Singh emphasized the need to complete the designations before the
Court's vacation, Justice Oka questioned, "What is the tearing hurry for
the designations?" Singh alternatively suggested that the cases of
deferred applicants could be considered directly by the Full Court instead of
the Permanent Committee.
Senior
Advocate Rajshekhar Rao, appearing on behalf of the High Court, requested the
inclusion of a direction to the Government of the National Capital Territory of
Delhi to nominate its representatives to the Permanent Committee in accordance
with the rules within one week of receiving a requisition from the Registrar
General. The bench, comprising Justices Abhay S. Oka and Ujjal Bhuyan, was
hearing a petition challenging the Delhi High Court’s decision to designate 70
advocates as Seniors in November last year, citing alleged procedural
irregularities.
In an
earlier hearing, the Supreme Court had asked the Delhi High Court whether its
Permanent Committee would be willing to reassess the applications that were
either rejected or deferred.