MADAN SINGH* Vs. RAJASTHAN HIGH COURT

JUDGEMENT

(1.) HEARD Mr. P. S. Bhati, learned counsel for the appellant.

(2.) THIS appeal is directed against the order passed by Hon'ble Palshikar, J. dated 04. 08. 2000 in SBCW Pet. No. 2661/2000 rejecting the contentions raised on behalf of the appellant that he is entitled to contest, as the Head Legal Assistant working in the Government Advocate Office, is a Law Officer.

(3.) IN our opinion, the said judgment is contrary to this submission. IN the said case the appellant before the Supreme Court was working as an Additional Government Advocate in Government of INdia and she was also an Advocate-on-Record of the Supreme Court. She remained on the rolls of the Bar Council as an Advocate by virtue of exception to Rule 49 of the Bar Council of INdia Rules. IN response to an advertisement issued by the Delhi High Court, she applied for appointment to Delhi Higher Judicial Service but she was not called for interview on the ground that she was not eligible. The Delhi High Court dismissed her writ petition relying on its earlier judgment in Oma Shanker Sharma's case which inter alia laid down that a Law Officer of Government though entitled to be enrolled as an advocate for the purpose of the Advocates Act, 1961, yet is not a member of the Bar for the purpose of Rule 7 of the Delhi Higher Judicial Service Rules, 1970. The precise question before the Supreme Court was whether the appellant was an "advocate" for the purpose of Article 232 (2) of the Constitution and was "from the Bar" for the purpose of Rule 7 of the Delhi Higher Judicial Services Rules, 1970. The Supreme Court held that an advocate employed by the government or a body corporate as its Law Officer even on terms of payment of salary would not cease to be an advocate in terms of Rule 49 of the Bar Council of INdia Rules, if such advocate is required to act or plead in courts on behalf of the employer. The test, therefore, is not whether such person is engaged on terms of salary or by payment of remuneration but whether he is engaged to act or plead on behalf of his employer, in a court of law as an advocate.