Sekh Babaruddin S/O Shri Guldeen ... vs Rajasthan State Road Transport ...
2023 Latest Caselaw 293 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

              S.B. Civil Writ Petition No. 27636/2018

Sekh Babaruddin S/o Shri Guldeen Khan
                                                                  ----Petitioner
                                   Versus
Rajasthan State Road Transport Corporation
                                                                ----Respondent

For Petitioner(s)        :     Mr. Ankul Gupta
For Respondent(s)        :     Mr. M.S. Singhvi, AG with
                               Mr. Darsh Pareek
                               Mr. Vinayak Joshi
                               Mr. Rajpal Dhankhar
                               Mr. Uttam Singh (Executive Law)
                               Mr. Jagdish Prasad Nitharwal (EN)
                               (Legal Monitoring)
                               Mr. Mahendra Shandilya (President,
                               RHBA, Jaipur)



             HON'BLE MR. JUSTICE SAMEER JAIN

                                    Order

10/01/2023

The matter was listed today in the background of order dated

05.01.2023, vide which this Court directed the respondent

Corporation to submit the statistics of all cases of the respondent

Corporation, under different categories, pending adjudication

before this Court and other Courts/Tribunals.

Learned Advocate General, Mr. M.S. Singhvi has appeared

and was appraised of the Circular dated 16.11.2022 issued by

Principal Secretary, Law, qua the appearance of Additional

Advocate Generals, which was not so desired.

Mr. Uttam Singh, Executive Director, Law and Mr. Jagdish

Prasad Nitharwal, EN, Legal Monitoring, present in person. It is

submitted by the officials that near about 7500 cases of the

(2 of 2) [CW-27636/2018]

respondent Corporation are pending before the Court and that

they have no policy or framework for quick and efficient disposal

of the same. It was also submitted that the respondent

Corporation has no fixed method or policy of

appointment/engagement of panel lawyers.

Mr. Mahendra Shandilya, President, RHBA Jaipur, also

appeared and submitted that the mode and method of

engagement of panel lawyers is opaque and highly arbitrary. There

is no transparency in the engagement of such panel lawyers, nor

is there any coherent appointment method - like an open

advertisement or some sort of consultation - and the lack thereof

promotes and permits favouritism and backdoor entry. He has also

relied upon Hon'ble Apex Court judgment of State of Punjab and

Ors. vs. Brijeshwar Singh Chahal and Ors.: (2016) 6 SCC 1

to submit that appointment of lawyers/counsels in the matters of

State and instrumentalities of State should be done in a fair and

transparent manner and the power to engage and appoint

representatives/lawyers/counsels by the State must be like any

other power, to be exercised in a fair, reasonable, non-

discriminatory and objective manner, otherwise the same would be

violative of Article 14 and 21 of Constitution of India.

Upon consideration of the respective submissions, this Court

directs the respondent corporation to file appropriate affidavit in

the background of the present case and the arguments made

today within a period of 3 days.

List the matter on 17.01.2023 as a first case before this

Court for passing necessary orders.

(SAMEER JAIN),J

JKP/144

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