The Supreme Court on Friday issued notice in a Special Leave Petition challenging the 2019 designation of senior advocates by the Allahabad High Court, taking note of a departure from the guidelines laid down in Indira Jaising v. Supreme Court of India.
A Bench comprising Justice Abhay S. Oka and Justice Ujjal Bhuyan issued notice on the plea challenging a September 2024 judgment of the Allahabad High Court which had dismissed a writ petition filed by Advocate Vishnu Bihari Tiwari. The petitioner had questioned the legitimacy of the senior designations conferred in 2019, alleging procedural irregularities and non-compliance with the Supreme Court’s guidelines.
Background
In 2019, the Allahabad High Court invited applications for the designation of senior advocates. The Permanent Committee, headed by the then Chief Justice, adopted a criterion wherein applicants scoring at least 45 out of a total of 75 points were eligible for consideration. Out of 78 applications forwarded to the Full Court, 75 candidates were granted senior designation.
The High Court, in its 2024 judgment, upheld the committee’s decision, holding that the rules framed by the Permanent Committee were consistent with the 2017 judgment in Indira Jaising v. Supreme Court, which permits framing of rules to screen applicants before sending them to the Full Court.
Key Issues
The Supreme Court, while issuing notice, flagged the reduction of total marks from 100 to 75 by the Permanent Committee as a deviation from the standards laid down in Indira Jaising. The Bench also took note that no senior designations had taken place in the High Court after 2019.
Further, the Allahabad High Court had held that since the petitioners had not been shortlisted due to not meeting the cut-off score, they had no locus standi to challenge the designation process. The High Court also opined that although interviews should ideally be conducted before conferring senior designation, the absence of interviews was not fatal in the present case, particularly in light of the High Court’s and Supreme Court’s suo motu powers to designate.
Recent Context
This development comes close on the heels of the Supreme Court’s observations on the 2024 senior designation process undertaken by the Delhi High Court, where the apex court directed reconsideration of rejected and deferred candidates.
Additionally, a separate Bench led by Justice Oka has reserved its judgment on whether the principles laid down in the Indira Jaising ruling need to be revisited, indicating broader judicial scrutiny of the senior designation process across High Courts.
The matter will now be taken up for further hearing in due course.
