The Hindu : Tamil Nadu News : Advocates abstain from High Court, subordinate courts and tribunals

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Tamil Nadu

Advocates abstain from High Court, subordinate courts and tribunals

Special Correspondent

They are protesting against High Court’s in-principle decision

CHENNAI: Advocates abstained from the Madras High Court, subordinate courts and tribunals on Friday to protest against the Madras High Court’s decision in principle to permit High Court and district court employees to apply for vacancies of Civil Judge.

The strike call was given by members of the Madras High Court Advocates Association, Women Lawyers’ Association and the Tamil Nadu Advocates Association.

The TNAA members, led by president S.Prabakaran, took out a rally in the High Court premises.

Mr. Prabakaran said the Full Court’s resolution should be withdrawn.

Madurai Special Correspondent writes:

A majority of lawyers feel that their chances of getting selected to the posts will be minimised if the court staff holding law degrees too are permitted to participate in the ongoing recruitment process.

Talking to The Hindu over phone, R.K. Chandramohen, Chairman, Bar Council of Tamil Nadu and Puducherry, said court staff should not be considered for the posts as they did not have adequate experience in arguing cases.

Only practising lawyers, if appointed as Civil Judges, would be able to understand the difficulties faced by litigants and extend appropriate remedy. “Court employees do not possess that sensitivity as they are on the administrative side,” he said.

M. Ajmal Khan, president, Madurai Bench High Court Advocates Association, was of the view that the court employees were already employed and hence they should give way for fresh law graduates to occupy the Civil Judge vacancies. He was also against any reservation for court staff in the recruitment.

On the other hand, Justice K. Jagannatha Shetty Commission, in its 2003 report, had said: “We are of the opinion that it will be useful to extend the zone of selection (for Civil Judges) to law graduates who are working in court and other allied departments. They acquire sufficient knowledge of law and procedure.”

The Committee’s recommendations were accepted by the Supreme Court and also by another committee headed by Supreme Court Judge P. Sathasivam, then a Judge of the Madras High Court.

Further, court employees in Puducherry, Andhra Pradesh and a few other States were allowed to contest for the posts of judicial officer.

According to sources, the number of court staff to contest for the posts would be very negligible.

In 2003, when court employees were allowed to apply for the vacancies, only ten from the Madras High Court applied.

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