Advocates:
S. NARAIN & CO.

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CASE NO.:

Writ Petition (civil) 99 of 2000

PETITIONER:

AELTEMESH REIN

Vs.

RESPONDENT:

THE SUPREME COURT OF INDIA

DATE OF JUDGMENT: 03/09/2001

BENCH:

S.R.Babu, Doraiswamy Raju

JUDGMENT:

RAJENDRA BABU, J. :

The petitioner is a Junior Advocate [Non-Advocate-on-Record] of

this Court and he has been a member of the Supreme Court Bar

Association with effect from 12.11.1984. On August 8, 1995,

applications were invited in the prescribed format for allotment of

chambers by the Registry of this Court and the petitioner applied for the

same. He was informed on 28.2.1999 by the Registry of this Court

asking him to furnish the proof of appearances to enable them to finalise

his application for allotment of chambers. The petitioner had filed an

affidavit of Shri K.K.Gupta, Advocate-on-Record to the following effect:

"1. That as per my records Mr. Aeltemesh Rein, Advocate has been

getting his cases filed in the Supreme Court through me for the

last several years and many a times his appearance in those cases

could not be given by me as I am too old and often remain ill. The

accompanying list of his cases filed by him are the cases most of

which have been filed by & through me in the Supreme Court for

him and at his instructions, which cases have been conducted by

himself in the Supreme Court."

Not being satisfied with the material placed by the petitioner either

in the shape of cause list or in the nature of this affidavit and having

rejected his claim for allotment of chambers, this petition is filed. The

claim of the petitioner for allotment of chambers is resisted by the

respondent.

The matter of allotment of chambers to advocates is governed by

Lawyers Chambers [Allotment and Occupancy] Rules. Under Rule 2 of

the said Rules, Allotment Committee for Lawyers Chambers has been

constituted which consists of the following:

"1. Attorney General for India - Chairman

2. President, Supreme Court Bar Association - Member

3. Vice President, Supreme Court Bar Association - Member

4. Hony. Secretary, Supreme Court Bar Association - Member

5. President, Supreme Advocates-on-Record - Member

6. Registrar (Admn.), Supreme Court of India - Member

7. Registrar (Judl.), Supreme Court of India - Member

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8. Joint Registrar (Admn.), Supreme Court of India - Member"

The recommendations of the Allotment Committee for Lawyers

Chambers are placed before a Committee of three Hon’ble Judges of this

Court designated by the Hon’ble the Chief Justice of India for its

consideration and opinion and thereafter the entire matter is placed

before the Hon’ble the Chief Justice of India for final decision. The

eligibility criteria and the mode and manner of allotment of chambers are

that application has to be made in a prescribed form accompanied by a

list of cases filed/appearances made during the period 1.1.1993 to

31.12.1993 and 1.1.1994 to 31.12.1994 and was to contain further

specific details including cause numbers, cause titles and the dates of

filing/appearances in such cases during the said period. Such

application was to be made on or before 31.3.1996.

In respect of Junior Advocates [Non-Advocates-on-Record], the

eligibility criteria is as follows:

(A) All Junior Advocates [Non-Advocates-on-Record], who are mainly

and regularly practicing in the Supreme Court and are the

Members of the Supreme Court Bar Association.

(B) They must have put in not less than fifty appearances (Admission

and Regular Hearing matters excluding CMPs and Cr.MPs.) each

year during the preceding two years prior to the date of inviting

application in the Supreme Court of India.

(C) Subject to the above two requirements being complied with, the

seniority of such persons shall be based on the date of their

present admission to the acti