Orissa High Court
Unknown vs And on 15 October, 2019
Author: C.R. Dash
Bench: C.R. Dash
W.P.(C) NO.17009 of 2019
W.P.(C) No.17009 of 2019
AND
W.P.(C) No.17110 of 2019
AND
I.A No.14249 of 2019
(In W.P.(C) No.17009 of 2019)
04. 15.10.2019 Heard Mr. Baug, who appears in person
to move the Interim Application.
The Interim Application has been filed
with a prayer to issue direction for staying of
operation of the impugned notice dated 03.10.2019
vide Annexure- 10 to the Interim Application. The
said notice has been issued by the Special Officer
(Special Cell), Orissa High Court, Cuttack, to all the
applicants, who have applied for being designated as
Senior Advocates for their interaction with the
Permanent Committee on 17th & 18th of October,
2019.
Mr. Baug very strenuously argues that,
if the interaction is allowed to be commenced in the
midst, the Prayer Nos.1 & 3 made in the writ
application shall become infructuous or at-least the
Opposite Parties shall have the opportunity to say
that the aforesaid two prayers made in the writ
application have become infructuous.
Prayer No.1 in the writ application
needs quashing of the Notification No.1378, dated
19.08.2019 vide Annexure- 8, declaring the Opposite
Parties 5 to 9 as Senior Advocates, allegedly on gross
contravention of the Rules and dictum of the Hon'ble
Supreme Court in the case, where Indira Jaysingh is
the petitioner.
Prayer No.3 of the writ application
relates to consideration of the application of the
Opposite Parties 5 & 9 along with 45 other applicants
named in the notice dated 09.08.2019 vide
Annexure- 7. If Prayer No.1 is allowed, then the
question of consideration of Prayer No.3 may arise.
Answering such question is preposterous at this
juncture.
If the petitioner succeeds in the writ
application, still the Opposite Parties 5 to 9 shall
have the right to be considered for their designation
as Senior Advocates. In such event, this Court may
direct for their consideration, even without issuing a
direction for staying the entire process.
Regard being had to all such facts and
submissions and especially the peculiarity of the fact
that the process for designating 44 applicants have
already commenced, we deem it just and proper to
dispose of the Interim Application with the following
observations :-
(1) The designation of Opposite Parties 5 & 9 as
Senior Advocates shall be subject to result
of the writ application.
(2) All the applicants, who have been asked to
join for interaction with the Permanent
Committee, may participate in the
interaction without prejudice to their rights
and the contentions to be made in the writ
application by the petitioner, who is also an
applicant.
(3) Pendency of the writ application shall not be
a bar for the petitioner or any other
applicant to appear before the Permanent
Committee for interaction.
The Registrar General of this Court
submits copies of the documents in sealed cover in
Court today. The same be kept on record.
If copy of any document is applied for by
the petitioner, the same be supplied to the petitioner
by the Registry of this Court.
The I.A. is accordingly disposed of.
Urgent certified copy of this Order be
granted as per rules.
List both the matters on 23.10.2019.
...............................
C.R. Dash, J.
............................... Dr. A.K. Rath, J.
Subha