Advocates must prioritize their duty to the court over client interests, maintaining high ethical standards to uphold the integrity of the legal profession.

1. Heard learned Advocate Mr. Mukund Desai and learned Advocate Mr. Jayraj Chauhan in person. Learned Advocate General Mr. Kamal Trivedi, learned Assistant Government Pleader Mr. Sahil Trivedi, learned Advocate Mr. Kshitij Amin for the University and learned Advocate Mr. G.R. Virk on behalf of the Institution.

2. The present hearing has taken place in context of order passed by this Court dated 18.04.2024 whereby certain explanations had been called for from learned Advocate Mr. Mukund Desai and learned Advocate Mr. Jayraj Chauhan. This Court had further directed the Vice Chancellor of the Hemchandracharya North Gujarat University and Registrar of the University to remain present. Accordingly while the matter had continued on various dates after 18.04.2024, and whereas this Court had noticed the presence of the Vice Chancellor and the Registrar of the University concerned.

3. It is noted that learned Advocate Mr. Desai and learned Advocate Mr. Chauhan have tendered their affidavits and whereas learned Advocate Mr. Desai has also inter alia submitted a communication whereby he has intimated to the Vice Chancellor as regards his retiring as an Advocate from Special Civil Application No. 852 of 2021 and Special Civil Application No. 14829 of 2021. It is also mentioned in the said communication dated 27.04.2024 that the communication be treated as No Objection Certificate by the learned Advocate. It would also be pertinent to mention here that both the Vice Chancellor as well as the Registrar of the University have filed separate affidavits in both the petitions explaining their stand and whereas in the considered opinion of this Court, in view of the affidavit tendered by learned Advocate Mr. Desai as well as learned Advocate Mr. Chauhan it would not be required to look into the circumstances in which the University had engaged two separate Advocates.

4. At this stage it requires to be mentioned that order dated 18.04.2024, inter alia called upon the learned Advocate Mr. Desai and learned Advocate Mr. Chauhan to explain as to why action should not be taken against the said Advocates for professional misconduct and whereas, considering the affidavit preferred by the learned Advocates, this Court does not intend to take the aspect any further.

5. Inspite of having stated so, this Court would take up this opportunity to reiterate observations made by the Hon’ble Supreme Court vide order dated 18.09.2015 in case of Vishvabharathi Medical College and Anr. Vs. Union of India and Anr. in Writ Petition (Civil ) No. 432 of 2015 whereby, while dealing with a similar issue, the Hon’ble Supreme Court had made certain pertinent observations with regard to conduct of members of the Bar more particularly conduct of senior members of the Bar.

“..Senior members of the Bar, we hardly need to mention, are role models for the juniors who look up to the seniors not only to learn from their knowledge and scholarship but also to emulate them in their personal and professional conduct.

Indeed the higher one climbs in the profession the greater is the scrutiny that he suffers from his peers and the litigant public. Any aberration by a senior member of the Bar, therefore, has the potential of not only damaging his or her reputation but a more pernicious effect of sending to the members of the Bar a message that one can get away with any kind of unprofessional conduct.

This Court has in a long line of decisions rendered over the past repeatedly emphasised the importance of the role of a lawyer in the administration of justice. In Re: Sanjiv Dutta and Ors. (1995) 3 SCC 619 , this Court gave a timely reminder to all concerned that legal profession is a solemn and serious occupation. It is a noble calling for all those who belong to it and are its honourable members. As a professional a lawyer declared the Court has to maintain his honour by exemplary conduct both inside and outside the Court and to conduct himself as a model for others both in his profession