A Petition has been filed before the Hyderabad High Court challenging a notification issued by the Registrar General of the High Court for recruitment of Law Clerks.
The Petition, filed by Hyderabad based Advocate S.M. Saifulla, challenges the notification as being “discriminatory in nature and opposed to principles of natural justice”, as it makes eligible only those candidates who have graduated from a 5-year law course.
“It is pertinent to note that neither the Bar Council of India nor any rules and regulations which are in force had made a distinction between a Law graduate pursued 3 years or 5 years stream, however in the present case only graduates from 5 years stream are made eligible to apply, leaving behind students of 3 years course, which is nothing but a clear cut discrimination between the students who completed their Law graduation from 3 years and 5 years, such discrimination has to be curbed by this Hon’ble Court (sic),” the Petition submits.
Mr. Saifulla also challenges the second condition which makes eligible only the Advocates who have not enrolled with any State Bar Council. Terming these conditions as “discriminatory”, he alleges a violation of Article 14 of the Indian Constitution and the principles of natural justice.
He, therefore, submits, “…classification of candidature for a post will not depend upon the college, university or in the stream which he had pursued but depends upon the individual capacity of the candidate. In the present case disqualifying the Law graduates from applying for the post of law Clerk is nothing but literally treating them as unqualified, and such presumption is bad in law. Furthermore, disqualifying Advocates for applying for the said post is also another type of discrimination evolved in the present notification. It is pertinent mention here that an Advocate enrolled with Bar Council and who had appeared for Bar Council Exam will be more qualified that the Law Graduate who is not enrolled, however the said conditions imposed in the notification are cryptic, unreasonable and discriminatory.”
Mr. Saifulla, thereafter, goes on to demand that the notification be stayed, and subsequently be set aside, as being “illegal, arbitrary and violative of Art. 14 of Indian Constitution”.
Read the petition Here