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A writ petition under Article 32 of the Constitution of India has been filed in the apex court seeking issuance of appropriate directions to the authorities for designation of eligible Advocates of High Court of Judicature at Patna as Senior Advocates in terms of guidelines laid down by the Hon’ble Supreme Court  in the 2017 case of Indira Jaising Vs. Union of India and the rules framed by the High Court of Judicature at Patna.

The petitioner Sanjay Kumar is a practising advocate at the High Court of Judicature at Patna and has invoked the jurisdiction of this Hon’ble Court for the redressal of the legitimate, just and bona fide grievances and issues faced by advocates and the public in the State of Bihar due to the delay of almost five (5) years and the lackadaisical approach of the High Court of Judicature at Patna and the Committee for Designation of Senior Advocates in designating and appointing Senior Advocates.”

In this context, the plea states,

“The delay in designating the Advocate as Senior is also depriving the assistance of those Advocates who after being designated would be duly recognized and their knowledge can be used in larger interest of the justice.”

 

It is stated in the petition that the Respondent No. 1 is the High Court of Judicature of Patna, through its Registrar and Respondent No. 2 is the Committee for Designation of Senior Advocates, through the Secretary.

The petitioner states that no progress has been taken thereafter after by the committee and in fact, no advocate has been designated seniority for almost the past five years at the High Court, Patna.

The facts of the present petition date back to July 1, 2019 when the Committee responsible for designation of Senior Advocates issued a public notice inviting applications from eligible practicing Advocates at the High Court, Patna for designation of Senior Advocates as per the rules and guidelines laid down by the Hon’ble Supreme Court and as per the High Court of Judicature at Patna (Designation of Senior Advocates) Rules, 2019.

The final date for submissions of applications was fixed as 21.07.2019.

“That vide notice dated 17.07.2019, the Committee extended the dates for accepting the applications and the revised extended date fixed was 22.07.2019.That vide notice dated 05.08.2019 the Committee notified that 35 advocates of the total number of applicants did not have the documents required and hence gave last opportunity to furnish the same by 13.08.2019.”
-  excerpt from the plea.

In this context, it is argued that,

“inaction is an action which can be challenged as arbitrary. The law does not lay down any time frame for different stages of senior designation but lack of action for an indefinite period is not the mandate of law. When the law does not prescribe any time period the same has to be acted within a reasonable period. Any action/inaction which is irrational, capricious, unreasonable, unfair, not informed with reason, unguided by public interest capricious or without any sanction of law or that does not confirm to rule of law can be termed as arbitrary under Article 14. It would be pertinent to mention here that the last designation of the Senior Advocate by the High Court of Judicature of Patna was in the year 2015. Now it has been almost five years that any advocate has been designated as Senior Advocate in the High Court. It would not be out of place to mention that after framing of guidelines by the Hon’ble Supreme Court in Indira Jaising Case (Supra) may High Courts after framing of law for Senior Designation has already designated deserving Advocates as senior Advocates," states the petitioner.

Therefore, taking into account the facts of the petition, the petitioner seeks the following reliefs:

“1) Issue an order direction or writ in the nature of Mandamus directing the respondent authorities to designate the eligible Advocates of High Court of Judicature at Patna as Senior Advocates in terms of 16 guidelines laid down by the Hon’ble Supreme Court and the rules framed by the High Court of Judicature at Patna christened as High Court of Judicature at Patna (Designation of Senior Advocates) Rules, 2019 (herein after referred as Rules) and notified on 29.03.2019.

2) Issuance of writ in the nature of Mandamus directing the respondent authorities to designate the Advocates as the Senior Advocates from list published on 19.08.2019 submitted by the Advocates pursuant to the Notice dated 01.07.2019 by High Court of Judicature at Patna inviting names of the Advocates to be designated as Senior Advocates.

3) Any other relief or reliefs to which the petitioner is found entitled to in the facts and circumstances of the case.”

 

[Case title: Sharad Kumar v. The High Court of judicature at Patna, through registrar and Anr., 4th February 2021]

 

Access Copy of Petition Here