ORISSA HIGH COURT Vs. BANSHIDHAR BAUG

JUDGEMENT

(1.) We have heard the learned counsel appearing for all the parties and perused the materials available on record.

(2.) These Special Leave Petitions are filed by the High Court of Orissa on its administrative side, challenging the common judgment and order dtd. 10/5/2021[For short, "the impugned order"] passed by the High Court of Orissa at Cuttack on the judicial side[For short, "the High Court"], in W.P.(C) Nos.17009 and 17110 of 2019. By the impugned order, the High Court quashed Sub-rule (9) of Rule 6 of the High Court of Orissa (Designation of Senior Advocate) Rules, 2019[For short, "the Rules, 2019"], on the ground that it is ultra vires and not in consonance with the guidelines laid down in paragraphs 73 and 74 of the judgment of this Court in Indira Jaising v. Supreme Court of India [(2017) 9 SCC 766][Hereinafter referred to as "the Indira Jaising - 1"]. Further, the High Court also quashed the notification dtd. 4/9/2019, issued by it on the administrative side, which called for applications from eligible advocates to be considered for designation as Senior Advocates under the Rules, 2019. Additionally, the High Court directed that Notification No.1378 dtd. 19/8/2019 shall remain in abeyance until a fresh decision is taken by the Full Court regarding designation of Senior Advocates.

(3.) On 2/8/2021, when the special leave petitions were taken up for consideration, this Court stayed the operation of paragraph 24 of the impugned order, which had declared Rule 6(9) as ultra vires and not being in consonance with the judgment in Indira Jaising -1.