The Delhi High Court on Wednesday stayed the rule mandating lawyers seeking ‘senior’ designation needing the recommendation from three senior advocates of the Bar.
A Bench of Chief Justice Rajendra Menon and Justice A.J. Bhambhani directed the matter to be placed before a full court for reconsidering the rule mandating recommendation from a panel of three senior advocates.
It also asked the High Court registry to issue a public notice about the stay of the rule as well as its reconsideration by the full court.
The High Court of Delhi Designation of Senior Advocate Rules, 2018, notified on March 13, states that an advocate may be considered by the High Court for being designated as a senior either through a suo motu action or on a joint proposal by three senior advocates.
Advocates Nandita Rao and Farrukh Rashid, in their plea, said that this prerequisite of recommendation from three senior advocates is not based on the point system and is ultra vires of the Constitution as they create a “subjective entry barrier” to designation.
Their counsel argued the notification restricts meritorious candidates from applying thus bypassing the objective system laid down by the Supreme Court.
“The entry barrier of three recommendations from senior advocates and the number of recommendations they can give are completely subjective and have no nexus with the rational criteria for selection of senior advocate stipulated by the Supreme Court thereby making the said rules arbitrary and in violation of Article 14 of the Constitution,” the plea has said.
It has alleged that this requirement of getting recommendation from seniors “creates a monopoly” and with no restrictions on recommending chamber juniors and briefing counsels, such recommendations are “subjective and promote a coterie rather than merit and excellence”.