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2015 Supreme(All) 3774

ALLAHABAD HIGH COURT
Amreshwar Pratap Sahi, Aditya Nath Mittal, JJ.
Asok Pande - Appellant
Versus
ALLAHABAD HIGH COURT Through Its Registrar General, Allahabad - Respondent
Misc. Bench No. - 6698 of 2013
Decided On : 22-05-2015

Advocates Appeared:
For the Petitioner:Sri Ashok Pandey, Advocate (in person)
For the Respondent: Sri Upendra Nath Mishra,

Headnote:

The High Court Rules, 1952 have been framed in exercise of constitutional authority and the rules provide for making provisions to regulate and permit any person to practice as an advocate which includes the right of practice of a designated senior advocate. In this context, if a rule has been framed for screening and recommending a candidate for being designated as a Senior Advocate, it presupposes an assessment of the practice of an advocate and the permission by the High Court to allow such practice on such terms as may be permissible under law.

Fact of the Case:

The petitioner, a practicing advocate, basically stationed at the Lucknow Bench of this Court felt aggrieved when the full court meeting was to take place on 4th August, 2013 for taking up the agenda of designation of Senior Advocates by the High Court on being ignored and therefore he has expressed his anguish in Paragraph 12 of the petition as follows:- "12. That he also now has around 25 years of practice and yet despite being the most deserving candidate, he is being ignored for the designation of "Senior Advocate." Why?"

Finding of the Court:

The court held that the High Court Rules, 1952 have been framed in exercise of constitutional authority and the rules provide for making provisions to regulate and permit any person to practice as an advocate which includes the right of practice of a designated senior advocate. In this context, if a rule has been framed for screening and recommending a candidate for being designated as a Senior Advocate, it presupposes an assessment of the practice of an advocate and the permission by the High Court to allow such practice on such terms as may be permissible under law.

Issues: 1. Whether the High Court Rules, 1952 have been framed in exercise of constitutional authority? 2. Whether the rules provide for making provisions to regulate and permit any person to practice as an advocate which includes the right of practice of a designated senior advocate?

Ratio Decidendi: The court held that the High Court Rules, 1952 have been framed in exercise of constitutional authority and the rules provide for making provisions to regulate and permit any person to practice as an advocate which includes the right of practice of a designated senior advocate. In this context, if a rule has been framed for screening and recommending a candidate for being designated as a Senior Advocate, it presupposes an assessment of the practice of an advocate and the permission by the High Court to allow such practice on such terms as may be permissible under law.

Final Decision: The court held that the High Court Rules, 1952 have been framed in exercise of constitutional authority and the rules provide for making provisions to regulate and permit any person to practice as an advocate which includes the right of practice of a designated senior advocate. In this context, if a rule has been framed for screening and recommending a candidate for being designated as a Senior Advocate, it presupposes an assessment of the practice of an advocate and the permission by the High Court to allow such practice on such terms as may be permissible under law.

JUDGMENT

The petitioner, a practising advocate, who professes to be a seeker of justice and who claims to have fought legal battles involving public issues of importance and has excelled in the profession, has come forward praying for repairing the damage caused due to the promulgation of rules regulating the designation of a distinction, that of a Senior Advocate, which according to him is bestowing of an honour, and thus the High Court should not cage itself within impermissible parameters of law so as to frustrate the very purpose of this choice. Rules, according to him, should not put shackles on the free expression of opinion by the Full Court so as to narrow down the objective of a true search and identification of exceptional legal talent. The process of selection should be by way of direct recognition and not stultified through an advisory opinion of a body of lesser numbers that has no statutory authorisation.

2. Subjectivity in choice of such conferment according to him should not prevail to an extent that those like the petitioner, who by their dint of hard labour and devotion have made a place for themselves in the profession worthy of timely recognition, should be left ignored, and on the other hand undeserving and calculative brains should reap honours at the hands of sheer whimsical franchise through a short cut method of screening by a minuscule number of Judges. He therefore by exercising his right of freedom of speech and expression trumpets a caution.

3. There can be hardly a dispute with the proposition advanced by Sri Pande that a process for conferring a distinction should be of the utmost careful selection to avoid any pointing of fingers and no rule that diminishes such exercise should serve as a statutory block while granting clearance, that too by Judges who are mortals but are supposed to discharge divine duties.

4. We would only supplement this apprehension and Mr. Pande's discomfort by saying that lofty and tall claims through self promotion, open canvassing and advertisement are not the methods through which such distinction can be achieved. A craving or a desire is different from a true and genuine ambition, because a bonafide and honest pursuit with pure devotion is a virtue that comes as a natural attribute to a real disciple of the profession. To be simply desirous without dedication, and with the aid of stilts and artificial crutches, one can acquire wealth and can become affluent, but that would not gather respect or distinction. One can be widely known by his infamous demeanours but that would be an identity inviting avoidance by society and not a mark for conferring distinction. The mere amassing of briefs and sheer quantity of cases handled is no measure of professional achievement for conferment of a distinction. This can be earned only through qualitative delivery and real service to a cause to achieve the ends of justice. This may occur with the handling of a single complex dispute that would weigh against a hundred routine matters.

5. In monetary terms an ambulance chaser may have a heavy return to file but that is no reflection of sincerity to the cause of justice. The spirit of dedication cannot be purchased through the mint. It has its foundations in virtues of the profession. Decency, observance of ethical values and a good reputation of character, professional as well as personal, are some indicators. It is this acquisition which counts for what the statute defines and aims at "standing at the bar". It is for this reason that a distinction should be conferred on one who can sustain responsibility on his shoulders and does not become a burden for himself or for the fraternity.

6. Eminence and distinctions are achieved by merit, that is, on being worthy and deserving. It is only thereafter that honour follows that is acknowledged and respected because of one's excellence. Public recognitions are achieved through various methods but all are not merited. It is because of this that the























































































































































































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