I. FACTS:
That by way of present Petition, the Petitioner seeks to invoke the jurisdiction of this Hon’ble Court under Article 226 of the Constitution of India, thereby challenging the arbitrary action taken by the Ministry of Law and Justice vide notification/ Advertisement no. -A-12024/2018-Admin.I (LD) dated 05.2019 inviting only the 5-Year Bachelor of law for the post of 3 Legal Research Associate. Thereby violating Article 14 and Article 16 of the Constitution of India. The petitioner, i.e., Mr. Akash Verma through Mr. Nikhil Sharma (Advocate, PATIALA HOUSE COURT, NEW DELHI-110001) challenged the said Advertisement/notification issued by the Legislative Department of Ministry of Law and Justice.
The concerned advertisement provided for the recruitment of the 03 Legal Research Associates on a contract basis for the period of one year. Education qualification which is mandatory for applying for the said post is Five year integrated bachelor’s degree in Law from the recognized university or National Law University with not less than 60% marks or equivalent CGPA in aggregate of all semesters/years up to final examination and no provision was made for Three year bachelor in Law graduates.
The petitioner challenged the said notification on the ground that the Government Ministry cannot make differences between the similar levelled degrees as per the provision as contained in points (vi) and (xxxi), clause 2, Chapter-1, Rules of Legal Education (Part-IV), Bar Council of India.
II. ORDER OF DELHI HIGH COURT:
VIBHU BAKHRU (JUSTICE) passed an order in the said Writ Petition (W.P.(C) 7902/2019) as on 23rd of July 2019.
The order reads as follows:
It is the petitioner’s case that restricting the applicants only to those graduates who had completed a five-year integrated bachelor’s degree is arbitrary and unreasonable and this amounts to hostile discrimination against those candidates who had completed a three-year degree course from a recognized university. Prima facie, the challenge in the present petition is merited as both the qualifications are of equivalent value. Issue notice. Learned counsel appearing for the respondent accepts notice and seeks time to file the counter affidavit. Let the same be filed within a period of two weeks. Rejoinder, if any, be filed within a period of one week, thereafter.
It is clarified that in the meanwhile, the respondent shall not process any application pursuant to the notice issued on 28.05.2019. It is further clarified that the respondents are at liberty to issue an amended notice including the three-year degree in Law from a recognized university as an acceptable educational qualification. It is clarified that if such an amended notice is issued then this order will not come in the way of the respondents to receive and process the applications pursuant to the amended notice.
Now the case has been listed for next hearing, i.e., 06.09.2019.
