BADSHAH PRASAD SINGH Vs. HIGH COURT OF CHHATTISGARH

JUDGEMENT

(1.) Heard Mr.Rajesh Kumar Kesharwani, learned counsel for the petitioner. Also heard Mr.Sumesh Bajaj and Mr.Shashank Thakur, learned counsel for respondent No.1, Mr.Prasoon Bhaduri and Mr.Ghanshyam Patel, learned counsel for respondent No.2, Mr.Aman Pandey, learned counsel for respondent No.3, Mr.Navin Shukla, learned counsel for respondent No.4, Mr.K.R.Nair, learned counsel for respondent No.5, Mr.Sabyasachi Bhaduri and Mr.Pankaj Singh, learned counsel for respondent No.6, Mr.Sourabh Sahu, learned counsel for respondent No.8, Mr.Dhiraj Wankhede, learned counsel for respondent No.9, Mr.Chandresh Shrivastava and Mr.Vikram Sharma, learned counsel for respondent No.10, Mr.Kanwaljeet Singh Saini and Ms.Archi Agrawal, learned counsel for respondent No.11, Mr.Atul Kumar Kesharwani, Mr.Anis Tiwari and Mr.Prateek Tiwari, learned counsel for respondent No.12, Mr.Hariom Rai, learned counsel for respondent No.13 and Mr.Devershi Thakur, learned counsel for intervener-Mr.T.K.Tiwari.

(2.) By way of this writ petition, the petitioner has prayed for following reliefs:-

(3.) The respondents have filed preliminary objection with regard to maintainability of writ petition stating inter-alia that the petitioner has apparently filed this writ petition in his personal capacity and not as a PIL. He has only challenged the notification designating the private respondents as Senior Advocates. Even if the petitioner was to succeed, he having not claimed any relief for himself, the whole exercise would be academic and futile. Such a petition is not maintainable in law. Designation of Senior Advocate is the prerogative and power of the High Court under Sec. 16(2) of the Advocates Act read with Rule 3 and 7 of the High Court of Chhattisgarh (Designation of Senior Advocates) Rules, 2018 (hereinafter called as 'Rules of 2018'). There is neither any fundamental nor legal right vested in any Advocate to be designated as Senior Advocate. Once there is consideration by the designating authority in accordance with the procedure laid down and the decision is arrived, no further legal right accrues to challenge the same.