SC proposes relook at rejected, deferred Delhi HC senior designations

The Supreme Court on Friday suggested a Delhi High Court panel to conduct a fresh exercise for conferring senior designations to lawyers whose applications were either rejected or deferred.

A bench of Justices Abhay S Oka and Ujjal Bhuyan asked senior advocate Rajshekhar Rao, representing the Delhi High Court, to seek instructions and posted the hearing on April 15.

"We are suggesting that deferred candidates and rejected candidates, committee will do the fresh exercise in terms of Indira Jaising judgement. This is the understanding. Fresh process has to be conducted by reconstituting the committee," it said.

The top court was hearing a plea challenging the Delhi High Court's decision to confer senior designations on 70 advocates in November, 2024 on the ground of alleged irregularities.

While Rao said the high court could take up the remaining applications for consideration in a full court, the counsel appearing for the aggrieved petitioners said the entire marking procedure was defective.

The Delh High Court designated 70 lawyers, including 12 women, as senior advocates.

The senior designations were conferred after a permanent committee evaluated the candidates.

Over 300 lawyers applied for the coveted senior tag, which is granted by Supreme Court and high courts as a recognition of a lawyer's ability, court craft and legal knowledge.

The top court on February 20 said a "serious introspection" was required when it came to designating lawyers as senior advocates and referred the issue to Chief Justice Sanjiv Khanna for deciding whether a larger bench should hear the matter.

Expressing its reservations, the apex court had said it was doubtful whether by interviewing a candidate for a few minutes, his personality or suitability could really be tested.

"The question that needs serious consideration is whether the court should permit applications to be made for grant of designation, though the statute does not contemplate it. If the legislature intended to allow advocates to make applications for designation, sub-section (2) of Section 16 would not have provided for this court or high courts to take the consent of advocates before designation," the bench had said.

Section 16 of the Advocates Act deals with senior designation of lawyers.