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IN THE HIGH COURT OF DELHI AT NEW DELHI
DEVENDRA KUMAR UPADHYAYA CJ., TUSHAR RAO GEDELA
Vijai Pratap Singh – Appellant
Versus
Delhi High Court, Through Registrar General – Respondent
JUDGMENT :
TUSHAR RAO GEDELA, J.
1. Present writ petition has been filed under Article 226 of the Constitution of India seeking quashing of Rule 9B of the High Court of Delhi Designation of Senior Advocate Rules, 2024 (hereafter referred to as ‘the Rules’) as being arbitrary, discriminatory, and violative of Articles 14, 19(1)(g), and 21 of the Constitution of India .
2. The petitioner is a retired judicial officer with extensive experience in the Uttar Pradesh Higher Judicial Service. After serving 36 years in the Uttar Pradesh Judiciary, including 16 years in the Higher Judicial Service (hereafter referred to as ‘HJS’), the petitioner was selected and appointed as a Judicial Member of the National Company Law Tribunal (hereafter referred to as ‘NCLT’). Subsequently, the petitioner was elevated as a ‘Technical Member’ of the National Company Law Appellate Tribunal (hereafter referred to as ‘NCLAT’), Delhi, and retired upon attaining the age of 67, on 20.02.2022.
3. On 14.03.2024, this Court issued Notification No.18/Rules/DHC whereby certain amendments in Chapter 6-L, Volume V of High Court Rules & Orders were made. Part L of Chapter 6 provides the Rules to designate an advocate as a
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Designation as Senior Advocates – Voting by secret ballot should not be rule but clearly an exception – Academic knowledge of law is an important prerequisite.
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