Supreme Court Criticizes Union of India for Absence of Counsel in Important Cases

The Supreme Court today voiced its dissatisfaction with the Union of India for not consistently providing legal representation in court matters, despite having numerous panel counsels available. During a session on December 12, the bench consisting of Justice B.R. Gavai and Justice KV Viswanathan dealt with a case regarding the admission of a student with disabilities into the MBBS program, highlighting this issue.

The student, who belongs to the OBC category and has both locomotor and speech disabilities, had not seen the Union’s representation despite notices being issued as far back as November 25. The lack of presence from the Union’s side on multiple occasions led the court to direct the personal appearance of the Director General of the Directorate General of Health Services, Ministry of Health and Family Welfare.

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At today’s hearing, the Additional Solicitor General Vikram Banerjee did appear for the Union. Justice Gavai expressed the court’s frustration over the repeated non-appearance, questioning the allocation of legal duties among the Union’s counsel. He emphasized the expectation of the court for the Union to be particularly responsive in cases involving persons with disabilities.

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The court also had to direct yesterday that the Director General appear personally because of the Union’s non-representation. By the end of today’s proceedings, the Supreme Court granted the student admission to an MBBS course in Rajasthan, reiterating the need for the Union to ensure more reliable and timely legal representation in the courts.

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