Point of Law: Practice and Procedure - Appointment - Designation of "Senior Advocate” - When process under Rule- 6 was on, it was irregular on part of High Court to issue Notification. Instead of expanding ambit of selection process, it put selection process into more confusion. Therefore issuance of Notification is not valid in eye of law.

JUDGMENT :

C.R. Dash, J.

Both these writ petitions have been filed by four Advocates. They have put in several years of practice in the High Court and other Courts. They aspire to be conferred with the designation of “Senior Advocate”.

While the process of conferring designation of “Senior Advocate” was on in accordance with Rule-6 of High Court of Orissa (Designation of Senior Advocate) Rules, 2019 (“2019 Rules” for short), the Hon’ble Full Court conferred designation of “Senior Advocate” on five Advocates, who are Opposite Party Nos. 5 to 9.

2. Being aggrieved by such action of the Hon’ble Full Court, both these writ petitions have been filed with the following prayers ;

(I) to quash the Notification No.1378, dated 19.08.2019 vide Annexure-8 declaring Opposite Party Nos.5 to 9 as “Senior Advocates” ;

(II) to quash sub-rule-(9) of Rule-6 of “2019 Rules”;

(III) to issue direction to the Permanent Committee as well as the Hon’ble Full Court of the High Court to consider the applications of Opposite Party Nos.5 to 9 along with other applicants named in the Notice dated 09.08.2019 vide Annexure-7 for being designated as “Senior Advocates”;

(IV) In W.P.(C) No.17110 of 2019, one more prayer is added to quash the Notification dated 04.09.2019, which calls applications from eligible advocates for being designated as “Senior Advocates”.

3. Brief fact of the case is as follows :-

(a) Hon’ble the Supreme Court on 12.10.2017 delivered the Judgment in the case of Indira Jaising vs. Supreme Court of India, (2017) 9 SCC 766 (Annexure-1). The Orissa High Court, in exercise of the power under Section-16(2) read with Section-34 of the Advocates Act, 1961 and the guidelines framed by Hon’ble the Supreme Court in the aforesaid Judgment vide Annexure-1, notified “2019 Rules” on 13.02.2019. (Annexure – 2)

The Orissa High Court thereafter through the Registrar (Judicial) issued an Advertisement inviting applications from the eligible Advocates to be conferred with the designation of “Senior Advocates”. (Annexure – 3)

In response to the aforesaid advertisement, 50 applications were received, out of whom, Mr. P.K. Routray, Advocate has expired in the meantime and Mr. S.S. Rao has withdrawn his application.

On scrutiny and perusal of the applications, the Permanent Committee (which includes Hon’ble the Chief Justice and two Senior-most Hon’ble Judges of the Court) placed names of Opposite Party Nos.5 to 9 before the Hon’ble Full Court for consideration of conferring them with designation of “Senior Advocate” by invoking it’s suo motu power under sub-rule (9) of Rule-6 of “2019 Rules”.

The Orissa High Court thereafter through the Registrar (Judicial) invited suggestions and views on 45 remaining applicants. (Annexure-7)

(b) The Hon’ble Full Court on 17.08.2019, unanimously Resolved to designate Opposite Party Nos. 5 to 9 as “Senior Advocates” in exercise of it’s suo motu power under sub-rule (9) of Rule-6 of “2019 Rules”.

Notification was issued on 19.08.2019 by the Orissa High Court designating Opposite Party Nos.5 to 9 as “Senior Advocates”. (Annexure-8)

After this stage, Mr. P.K. Routray expired and Mr. S.S. Rao withdrew his application. So there remained 43 advocates excluding opposite party Nos.5 to 9 to be considered for conferring designation of “Senior Advocate” on them.

On 04.09.2019, the Orissa High Court through the Registrar (Judicial) issued a fresh advertisement inviting applications from the eligible Advocates to be designated as “Senior Advocates”. (Annexure -9) (Annexures cited above are as per W.P.(C) No.17009 of 2019).

(C) Impugning conferment of the designation of “Senior Advocate” on Opposite Party Nos.5 to 9 and issuance of Notification dated 04.09.2019 which calls for applications afresh from the eligible Advocates after conferring designation of “Senior Advocates” on Opposite Party Nos.5 to 9, the present writ petitions have been filed with the prayers as delineated in paragraph-2 (supra).

4. Briefly stated, the counter affidavit filed by the Ori