The Full Court of the Delhi High Court on August 1, 2019, has taken a decision to remove the pre-requisite of joint proposal by three senior advocates for a lawyer to apply for Senior designation.
A Public Notice subsequently published to this effect on August 14, 2019, calls for all eligible and desirous advocates to apply for the said position to the Secretariat of the Committee by 4.30 PM on August 31, 2019.
It also clarifies that the Advocates who have already applied with the recommendation of three Senior Advocates need not apply again.
Earlier, a Division Bench comprising of former Chief Justice Rajendra Menon and JusticeAnup J. Bhambhani had stayed the operation of Rule 7 of the High Court of Delhi Designation of Senior Advocate Rules 2018, insofar as it called for a joint proposal by three Senior Advocates for a lawyer to apply for Senior designation. The order was passed on a petition filed by advocates Nandita Rao and Farrukh Rasheed challenging the requirement of a joint proposal for the Senior gown.
The Petitioners had contended that "the said entry barrier to apply for senior designation is in violation of provisions of Section 16(2) of the Advocates Act and also of Article 14 and 21 of the Constitution and further it is in violation of judgment of Supreme Court in case titled Indira Jaising v. Supreme Court of India.”
As per the Public Notice, Rule 7 of the High Court of Delhi Designation of Senior Advocate Rules 2018shall now read as under:
"(7) Procedure for designation of an Advocate as Senior Advocate. An advocate may be considered by the High Court for being designated as Senior Advocate either (A) SuoMotu by the High Court. or (B) on an application by an Advocate.
- Procedure Suo Motu:
- An Advocate who fulfils the eligibility conditions prescribed hereinbefore, may be considered suo moto by the High Court for being designated as a Senior Advocate either on the written proposal of a Judge of the High Court or of Hon'ble the Chief Justice of the High Court.
- Such written proposal of a Judge or of Hon'ble the Chief Justice shall be sent to the Registrar General who shall forward it to the Secretariat after obtaining a consent-cum personal information sheet (Annexure-A to these Rules) duly filled in and signed by the Advocate concerned.
7(B) Procedure on application by an Advocate:
Any Advocate who fulfils the eligibility conditions prescribed hereinbefore may submit a written application for being designated as Senior Advocate to the Registrar General who shall forward it to the Secretariat after obtaining a consent-cum-personal information sheet (Annexure-A to these Rules) duly filled in and signed by the Advocate concerned."