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by Admin
07 May 2024 2:49 AM
In a significant decision, the Delhi High Court recently upheld the appointment of a legal consultant for judicial service, dismissing a challenge to the eligibility criteria. The court ruled that the engagement of the legal consultant, who was engaged on a contractual basis by the Department of Legal Affairs, did not violate Rule 49 of the Bar Council of India Rules.
The court emphasized the nature of services performed by the legal consultant, which included conducting court cases and appearing in courts on behalf of the Central Government. The engagement was clearly described as a professional service, and the legal consultant was not considered a full-time salaried employee.
Delhi court stated, "We are unable to accept that the engagement of respondent no.5 with the Department of Legal Affairs can be construed as respondent no.5 being 'a full-time salaried employee'. As stated above, respondent no.5 was not paid any salary by the Government of India."
The court also referred to a previous Supreme Court decision, highlighting the functionality test, which distinguishes between the engagement of an advocate to provide services in the practice of law versus other kinds of legal work. It concluded that the legal consultant's engagement satisfied the requirements and did not compromise their independence as a professional advocate.
Addressing the petitioner's challenge, the court upheld the decision of the committee of the Delhi High Court, which had examined the legal consultant's engagement and found it to be in compliance with the relevant rules. The petitioner's contention regarding the award of additional marks in certain papers of the examination was also deemed unsustainable, leading to the direction of redrawing the select list of candidates.
Date of Decision: July 12, 2023
SUDEEP RAJ SAINI vs HIGH COURT OF DELHI & ORS.
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