GOPAL JHA versus THE HON’BLE SUPREME COURT OF INDIA

Citation: [2018] 13 S.C.R. 517 · Decided: 25-10-2018 · Supreme Court of India · Bench: A.K. SIKRI · Disposal: Disposed off

Cited by 1 judgment(s) · cites 1 · see the full citation network in Lexace

Judgment (excerpt)

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GOPAL JHA
v.
THE HON’BLE SUPREME COURT OF INDIA
(Writ Petition (Civil) No. 745 of 2018)
OCTOBER 25, 2018
[A. K. SIKRI AND ASHOK BHUSHAN, JJ.]
Supreme Court Lawyers’ Chambers (Allotment and
Occupancy) Rules – Supreme Court invited applications for
allotment of Lawyers’ chambers on 31st October. 2017 and 16th May,
2018 stipulating various eligibility criteria for allotment of chambers
– Challenged by petitioners, practicing advocates, some of whom
are Advocates on Record (AOR), while others fall under the category
of ‘other advocates’/’non-advocate on record’ – Challenge inter
alia to fixation of block period (period for which eligibility criteria
of filing and/or appearance has to be fulfilled) – Held: There is
rationale in the decision taken by the Judges’ Allotment Committee
(on whose recommendations, chambers are allotted by the Hon’ble
CJI to the advocates) for fixing the block period from 1st June 2011
to 30th June 2016 as contained in the revised notice dated 16th May
2018 viz. fixing the block period which is proximate to the notice
for making application for the allotment – Therefore, starting of
cut-off date from the year 2004 is unacceptable – However, since,
sometime has elapsed when the block period was fixed by the Judges’
Allotment Committee and the date for making application has been
extended, the only modification which can be done, is to put the
block period from 1st October, 2013 to 30th September, 2018 – It is
during this period the applicant shall have to satisfy the criteria for
appearances or filing – Further, plea of petitioners that membership
of Supreme Court Advocates on Record Association (SCAORA)
should be treated as sufficient eligibility for allotment of chambers,
rejected – No  reason to interfere with the requirement of being a
member of Supreme Court Bar Association (SCBA) for
submitting application for allotment of chambers – Constitution of
India – Art. 14.
[2018] 13 S.C.R. 517
517
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518
SUPREME COURT REPORTS
[2018] 13 S.C.R.
Disposing of the writ petitions, the Court
HELD: 1.1 Change of Block Period:  A suggestion was
made that period of 730 days for fulfillment of the eligibility criteria
shall be counted from the last cut-off date in 2004 till September
30, 2018.  This suggestion cannot be accepted as it is way too off
the mark and may have no connection with the active practice
requirement of an advocate, having proximity with the date when
the applications for allotment are invited.  It hardly needs to be
emphasised that pre-requisite for allotment of chamber is that
the concerned advocate should be in active practice.  That is why
the eligibility criteria for member advocates is the requirement
of 50 appearances per year in the block year; for AORs, it is
minimum of 20 filings or 50 appearances in a period of one year
for two years and minimum 40 filings or 100 appearances in a
period of 730 days.  However, if the cut-off date starts from the
year 2004, this purpose may be lost in many cases, resulting in
alloting the chambers to those who may be non-active as of today.
There may be cases where a non-AOR or AOR may fulfil
conditions of appearances/filing in first 730 days starting from
the year 2004 i.e. during the year 2004-2005 and thereafter he
may not have any appearances or filings, or such appearances/
filings may be negligible.  Still he/she would become entitled to
allotment of chamber.  This would bring in such advocates who
may not be in active practice in recent past. Such a situation cannot
be countenanced.  There is rationale in the decision taken by the
Judges’  Allotment Committee for fixing the block period from
June 01, 2011 to June 30, 2016 as contained in the revised notice
dated May 16, 2018 viz. fixing the block period which is proximate
to the notice for making application for the allotment.  Therefore,
starting of cut-off date from the year 2004 is unacceptable.  Since,
sometime has elapsed when the block period was fixed by the
Judges’ Allotment Committee and the date for making application
is extended, the only modification which can be done is to put the
block period from October 01, 2013 to September 30, 2018.
It is during this period the applicant shall have to satisfy the
criteria and appearances or filing as indicated above.  [Paras 24,
25] [537-A-H]
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1.2  Applications for allotment of chambers were last invited
in the year 2004 and considerable period has lapsed thereafter.
Therefore, in order 

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