IN THE HIGH COURT OF DELHI AT NEW DELHI
RAJIV SHAKDHER, J.
PHAGUNI NILESH LAL - Petitioner
Versus
THE REGISTRAR GENERAL, SUPREME COURT OF INDIA & ANR. - Respondents
WP(C) 360/2013
Decided on: 16.12.2013
Constitution of India, 1950 -Article 14, 16 & 226 - Appointment of Law Clerk-cum-Research Assistant in Supreme Court - Approved panel and Stand-by-category - Section 8(1)(b) of Right to Information Act, 2005 - Locus - Policy and/or Eligibility criteria - Reasonable classification should be based on intelligible differentia, which has, in turn, nexus with the object sought to be achieved - Institutional preference - Trust and confidence cannot form an eligibility criteria for recruitment as the appointment is an institutional appointment - Administrative convenience cannot trump the mandate of equality - Appointment by an arbitrary procedure cannot complain if the termination of appointment is equally arbitrary - Petition allowed.
Service Law - Selection - Appointment - Policy - Constitutional validity - Selection as LCRAs in respect of - Applications for consideration for short-term assignment as LCRA were being called from National Law Schools/ Universities on the "approved panel" - Petitioner denied the same - Sourcing of candidates only from empanelled Law Colleges and Universities, is illegal - Respondent no.1 is empowered to design a policy which is fair and equitable, and that, which enables every aspirant to be considered for engagement as a LCRA - Scheme/policy confines the source of candidates, for engagement as LCRAs, to the empanelled Law Colleges and Universities; it is illegal - Respondent no.2 is not on the panel maintained by respondent no.1 - Petitioner's application is not sponsored by respondent no.2 - It is directed that Respondent no.1, shall consider the application of the petitioner for engagement as a LCRA, for at least, the remaining term - Writ petition is allowed - Held, scheme/ policy, as formulated, is unconstitutional.
RAJIV SHAKDHER, J.
WP(C) No. 360/2013 & CM No. 739/2013 (Stay)
BACKGROUND
1. The petitioner is a topper of her batch. She pursued her studies in law at the Army Institute of Law, situate at Mohali (i.e., respondent no.2). Respondent no. 2, is affiliated to the Punjabi University, at Patiala, and is recognized by the Bar Council of India.
1.1 The petitioner, has approached this court for redressal of her grievance, which stems from the stand taken by respondent No.1 to not, consider her application, for appointment as a Law Clerk-cum-Research Assistant (in short LCRA) for the year 2013-14, inter alia, on the following grounds. First, that respondent No.2 is not empanelled with it. Second, that the petitioner’s application has not been forwarded by respondent No.2.
2. With this preface, let me sketch out briefly, the facts, which have led to the institution of the present petition under Article 226 of the Constitution.
2.1 The Supreme Court, on its administrative side issued a communication dated 03.12.2012, addressed to the Registrar, National Law University, Dwarka, New Delhi (in short NLU, Delhi), whereby it invited applications from LL.B. (Final Year)/ Semester/ Trimester students, who were likely to graduate in May-June, 2013, to consider them for selection as LCRAs in respect of, assignments commencing from 01.07.2013 and ending in the summer of 2014. A request was made that the recommendations should be supported by signed applications, in the format specified, accompanied by passport size attested photographs along with attested photocopies of mark-sheets/ grade-cards and other testimonials of eligible candidates. The recommendations, with indicated enclosures, were required to reach respondent No.1, latest by 31.01.2013.
2.2 The opening paragraph of the aforementioned communication dated 03.12.2012, clearly indicated that, the applications for consideration for short-term assignment as LCRA, as in the previous years, were being called from National Law Schools/ Universities on the “approved panel”, and in the “stand-by-category”. Since, NLU, Delhi was evidently empanelled; applications were invited from its students.
2.3 The petitioner, who had joined the law course with respondent no. 2 in 2008, and was likely to graduate in 2013, approached respondent no. 1, to know the procedure for making an application for being considered, for appointment, as a LCRA, in the Supreme Court.
2.4 It appears that the petitioner was told that, students of only those National Law Schools could apply, which were placed on the approved panel of the Supreme Court.
2.5 The petitioner was, naturally, aggrieved, which made her approach, then Hon’ble the Chief Justice of India (CJI) vide communication dated 11.01.2013. The petitioner, claims that she did not receive a response to her communication; a fact which has not been disputed by respondent no.1.
2.6 Consequently, the petitioner filed an application under the Right to Information Act, 2005 (in short the RTI Act) with the Additional Registrar/ Central Public Information Officer (CPIO) of the Supreme Court on 14.01.2013. Several queries were raised in the said application. The petitioner, inter alia, sought information qua various aspects, which can broadly be paraphrased as follows:
(i) Whether there was, in place, a scheme/ guidelines or administrative orders for appointment of a LCRA?
(ii) Information was sought, with regard to Law-Colleges/Universities which had been put on the approved panel or in the stand-by-category in the previous five (5) years, on a year-wise basis.
(iii) The criteria adopted for empanelment on the approved panel or stand-by-category.
(iv) List of candidates of Colleges and Universities, who had been shortlisted in the previous five (5) years, for the purpose of interaction with the Judges.
(v) List of candidates, who had been finally selected for appointment as LCRAs, in the previous five (5) years. In this regard the names of candidates along with the
SupremeToday
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.