Appointment as ADJ: SC upholds amended rules

Satya Prakash

Tribune News Service

New Delhi, April 20

The Supreme Court on Friday upheld the Punjab and Haryana High Court’s amended rules which prescribed Rs 5 lakh annual income and conducting 50 cases a year for three consecutive years as additional criteria for direct appointment of advocates as additional district judges (ADJs).

A Bench of Justice AK Goel and Justice RF Nariman dismissed a batch of petitions against the rules framed and notified by both Punjab and Haryana after senior advocate Nidhesh Gupta submitted on behalf of the High Court that the rules had a reasonable nexus with the object sought to be achieved i.e. to attract meritorious candidates to the Punjab and Haryana Superior Judicial Service.

The verdict paves the way for the direct appointment of advocates as ADJs as the last legal hurdle in the process has been removed.

Framed by the High Court in May 2014, the rules required that advocates applying for direct appointment as ADJs should have a minimum annual income of Rs 5 lakh in the last three preceding years and independent engagement of 50 cases.

On behalf of the Punjab and Haryana High Court Bar Association, senior counsel Narender Hooda contended that the rules were arbitrary and violated Articles 14 and 16 of the Constitution.

Gupta defended the rules, saying these were valid criteria to appoint meritorious advocates. The additional eligibility criteria was introduced after it was found that various applicants under the direct recruit quota were not having any practical experience of working of courts, Gupta added.

The petitioners had contended that the rules had the propensity to debar most of the eligible candidates.