Senior designations: SC directs Delhi HC to consider applications of rejected, deferred candidates

New Delhi: The Supreme Court on Tuesday directed the Delhi High Court to consider afresh the applications for conferring senior designations to lawyers whose applications were either rejected or deferred.

A bench of Justices Abhay S Oka and Ujjal Bhuyan said the appropriate solution would be to direct the high court to consider the cases of the deferred and rejected candidates in accordance with the High Court of Delhi Designations of Senior Advocates Rules, 2024.

Prima facie, the court said, the issue was that the marks assigned by one member were not considered.

"The registrar general will take steps for the reconstitution of the permanent committee in terms of Rule 3 of the 2024 Rules. The applications of the deferred and rejected applicants shall be again placed before the permanent committee which shall be processed in accordance with the Rules 2024," the bench said.

During the hearing, the court was informed that of the 302 applicants, 70 were designated as senior advocates in November 2024 whereas applications of 67 candidates were deferred and the rest were rejected.

The top court asked the high court to complete the process of conferring senior designations expeditiously.

A plea has challenged the Delhi High Court's decision to confer senior designations on 70 advocates in November, 2024 on the ground of alleged irregularities.

The 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 acumen.

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.