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IN THE HIGH COURT OF JUDICATURE AT MADRAS
M.SUNDAR, N.SATHISH KUMAR, JJ.
S.Lawrence Vimalraj - Petitioner
Versus
The Registrar (Judicial), High Court of Madras, Madurai Bench and ors. – Respondents
W.P.(MD)No.27523 of 2022 and W.M.P.(MD)No.21615 of 2022
Decided On : 23-12-2022
Civil Procedure code, 1908 – Section 100 – Constitution of India, 1950 – Article 226, 134-A (b) – Advocates Act, 1961 – Letters Patent, 1865 – Federal Court of India Rules, 1937 – Rule 3 of Order VII – Indian Bar Councils Act, 1926 – Advocates Act, 1961 – Writ Petition has been filed by writ petitioner seeking equal numbers or 30% reservation for women advocates in conferment of designation of Senior Advocates from lists of candidates published vide notifications being Notification Permanent Secretariat for Designation of Senior Advocate and Notification respectively – Held, Court do not want to delve into same – Suffice to say that we draw inspiration from this instructive line of ratios and say that 'substantial question of law' is one where issue is open/not concluded – Hon'ble Supreme Court in Indira Jaising case supra has put in place a framework for designation of Senior Advocates holding that time has come for uniform parameters/guidelines qua all Courts in Country including Supreme Court and has emphasised that maximum objectivity to be sublime philosophy underlying this – As this is substratum of matter, purported substantial questions of law do not find favour with us – Rejected.
ORDER :
M.SUNDAR, J.
Captioned Writ Petition and 'Writ Miscellaneous Petition' ['WMP' for the sake of brevity] thereat have been listed before this Division Bench pursuant to an order made by Hon'ble Acting Chief Justice being order dated 13.12.2022 on the administrative side.
2. Captioned Writ Petition has been filed by writ petitioner seeking equal numbers or 30% reservation for women advocates in the conferment of designation of Senior Advocates from the lists of candidates published vide notifications dated 31.10.2020 and 04.08.2022 being Notification No.1/2020/Permanent Secretariat for Designation of Senior Advocate and Notification No.2/2022/SSA respectively.
3. Mr.B.Ravi Raja, learned counsel along with Mr.R.R.Kannan and Mr.M.Sivakumar, counsel on record for writ petitioner, Ms.Chitra Sampath, learned Senior Advocate instructed by Ms.D.Prasanna, counsel on record for Women Lawyers' Association/intervenor and Mr.M.Santhanaraman, learned Standing Counsel for respondents 1, 2 and 3 were before this Court.
4. This order has to be read in conjunction with and in continuation of the proceedings made in the previous listing on 19.12.2022 in captioned Writ Petition and a separate order made in W.M.P.No.33409 of 2022 (impleading WMP) on the same day.
5. Proceedings made in captioned Writ Petition on 19.12.2022 reads as follows :
'Captioned matter has been listed before this Division Bench by way of an order dated 13.12.2022 made by Hon'ble Acting Chief Justice on the administrative side.
2 In the light of the earlier proceedings in the previous listing on 12.12.2022 made by a Division Bench presided by Hon'ble Acting Chief Justice, the matter was listed today for hearing.
3 Ms.Sudarshana Sunder, learned counsel who was before us submitted that though she represented the counsel for writ petitioner in the previous listing on 12.12.2022, she does not want to argue the matter now as a matter of propriety. This submission is owing to learned counsel being one of the applicants qua senior counsel designation. Thereafter, Mr.B.Ravi Raja, learned counsel who is before us submits that he is representing the counsel on record for writ petitioner. Learned counsel submitted that he is ready to advance submissions but Ms.D.Prasanna, learned counsel who is before us submits that Women Lawyers' Association, Madras High Court, Chennai-600 104 has filed a implead petition vide SR.No.140589/2022 dated 13.12.2022 (yesterday) and requests for rescheduling of the captioned matter and listing of the same on Monday saying that the implead application has to be brought on Board and a Senior Advocate has to be briefed. Ms.D.Prasanna, learned counsel made a request that the petitioner's counsel may also please be heard on Monday and made a fervent plea for rescheduling. To be noted, counsel on record for writ petitioner are not before this Court and we are informed that rescheduling/listing on Monday (19.12.2022) would enable second named counsel on record Mr.M.Sivakumar to travel from Madurai and be before this Court.
4 Learned counsel on record to remove the objections if any, Registry to process the aforementioned implead application (SR.No.140589/2022 dated 13.12.2022) and list it on Board if in order.
5 In the light of the narrative thus far, list this matter on Monday (19.12.2022) at 02.15 p.m.'
2 Pursuant to the aforementioned proceedings, W.M.P.No.33409 of 2022 with a implead prayer taken out by Women Lawyers' Association was on board. Ms.Chitra Sampath, learned Senior Advocate instructed by Ms.D.Prasanna for petitioner was before this Court. In and by a separate order made today, the petitioner Association was permitted to be heard as a intervenor and audience was acco
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