Challenge To Delhi HC's Senior Designations | Can Deferred Candidates Be Considered Again By Full Court? Supreme Court Asks HC

Can Deferred Candidates Be Considered Again? Apex Court Seeks Clarification

New Delhi, March 22 – In a significant development, the Supreme Court of India has raised crucial concerns regarding the Delhi High Court's recent senior advocate designations. The apex court has specifically questioned whether candidates whose applications were deferred in the past could be reconsidered by the Full Court of the Delhi High Court.

A bench comprising Justices Abhay Oka and Ujjal Bhuyan heard a petition challenging the designation of 70 senior advocates by the Delhi High Court. The controversy stems from allegations of irregularities and lack of transparency in the selection process. Advocate Raman Gandhi, the petitioner, has argued that the process was arbitrary and lacked a clear rationale for approving some candidates while deferring others.

The Supreme Court has directed the Delhi High Court's Registrar General to clarify the criteria and methodology used in the selection process. Furthermore, the court has asked whether the High Court intends to give deferred candidates another chance for reconsideration.

Allegations of Procedural Lapses

The controversy escalated when Senior Advocate Sudhir Nandrajog, a former member of the Permanent Committee responsible for shortlisting candidates, claimed that the final list was approved without his input. Nandrajog alleged that he was unable to attend the concluding meeting due to prior commitments, and yet, decisions were made in his absence. His statement has raised serious concerns about the fairness and integrity of the process.

Petitioner Advocate Raman Gandhi has argued that the entire process lacked transparency and did not provide clear reasons for rejecting or deferring specific candidates. The plea further alleges that some meritorious candidates were sidelined without explanation, violating principles of fairness and natural justice.

Supreme Court's Stand on the Issue

The Supreme Court has taken a firm stance, emphasizing the need for transparency in the designation process. The bench remarked that if eligible candidates were unfairly deferred, the Full Court of the Delhi High Court must reconsider their applications. The court also warned that if the High Court fails to address these concerns appropriately, the Supreme Court itself may intervene.

Justice Abhay Oka stated, "If there are eligible candidates who were deferred without valid justification, the Full Court must provide them an opportunity. Otherwise, we will be compelled to examine the matter ourselves."

Next Hearing on April 4

The Supreme Court has scheduled the next hearing for April 4, by which time it expects a response from the Delhi High Court. The High Court has been asked to clarify whether it intends to reconsider deferred candidates and provide a transparent explanation of the designation process.

This case has sparked widespread discussion within legal circles, with many senior advocates calling for a more structured and accountable system for conferring senior advocate designations. With the Supreme Court closely monitoring the issue, the outcome of this case could set a crucial precedent for future senior advocate selections across Indian courts.