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SAUMITRA DAYAL SINGH, DONADI RAMESH
Vishnu Behari Tewari – Appellant
Versus
High Court Judicature at Allahabad – Respondent
JUDGMENT :
1. Heard Sri Vishnu Behari Tewari, in person and Sri Rohit Kumar, learned counsel for the petitioner in Writ (C) No. 19326 of 2019 and Sri G.K. Singh, learned Senior Advocate assisted by Sri Ashish Mishra & Sri Chandan Sharma, learned counsel for the Allahabad High Court.
2. Matter has been received upon nomination made. Since one of us was party to the Full Court Meeting held on 18.05.2019, that fact was clarified to the parties, on 08.04.2024. All parties consented that the matter may be heard by this bench. Accordingly, it has been proceeded.
3. On 25.09.2019, the present petition was filed for the following relief:
(ii) TO ISSUE writ, order or direction in the nature of mandamus declaring the words “if it is so desires may in the sub-rule (5) of Rule 6 of The Designation of Senior Advocate Rules, 2018 is contravention of the paragraph No. 73.7 of the Apex Court judgment cited in (
The designation of Senior Advocates must adhere to established guidelines ensuring fairness and transparency, with discretion allowed for waiving interviews under specific circumstances.
The designation of Senior Advocates must prioritize objective assessments of ability and integrity, ensuring inclusivity while addressing concerns over arbitrary practices and the relevance of experi....
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 o....
The designation of Senior Advocate is exclusively within the Full Court's authority, governed by established guidelines, and cannot be granted without following prescribed procedures.
Designation as Senior Advocates – Voting by secret ballot should not be rule but clearly an exception – Academic knowledge of law is an important prerequisite.
Advocates-on-record must ensure accurate representation of facts in legal filings, with potential disciplinary actions for misrepresentation, highlighting the need for guidelines on their conduct.
The designation of Senior Advocates under the Advocates Act, 1961, is a privilege based on merit, requiring adherence to principles of fairness and transparency in the designation process.
(1) Appointment of District Judges – “No change in the rule midway” dictum has become an integral part of service jurisprudence – If precluding a candidate from appointment is in violation of recruit....
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