* RAJASTHAN HIGH COURT, JODHPUR NOTIFICATION NO.07/S22.0,/2019/ DATE: 03.07.2019 In exercise of the powers conferred by Section 16°(2) of the Advocates Act,'1961 and all other: powers enabling it in this behalf; the Rajasthan High Court makes the: following Guidelines for designation of ‘Advocates as ’Senior Advocates! and the matters incidental thereto:- RAJASTHAN HIGH COURT: (DESIGNATION OF SENIOR ADVOCATES) GUIDELINES- 2019 J, These Guidelines shall be- called ‘The Rajasthan High Court (Designation of Senior Advocates) Guidelines-2019". 2. °. Desijnation'as Senior Advocate ‘The Full Court may’ designate an Advocaté'as Senior Advocate, if in ty its opinion by: virtue’ of his ability, standing at the Bar, or special knowledge or experience in law, the said Advocate is deserving of such‘ listinction. 3. Permanent Committee for Designation of Senior Advocates (@)_-AIl niatters relating to designation of Senior Advocates-in the High Cour: of Judicature for Rajasthan shall be dealt with by a Permanent ‘Comunittée; tobe known as “Committee for Designation of ‘Senior “Advocates.” (i) The Conte wil bs comprising of the following members : (a) The Chief Justice — Chairperson (b). Two Senior imost Judges of the High Court (©) Advocate General of the State of Rajasthan (d) Two Senior Advocates designated by the Rajasthan High Court, on-'each from Jodhpur and Jaipur to be nominated by the above. ¢ Such nomination shall: be for a period of two years and the nominated: members ’shall be eligible for te-nomination: f 4... Secrévariat ‘The Committee shall have a Permanent Secretariat, the composition of which will be as directed by the Chief Justice of the High Court in con:ultation with the other members of the Committee. fohrmm—2 (ii). The Committee may issue such directions from time’ to time as deemed necessary’ as “regards functioning of the Secretariat, including the manner in which, and the source(s) from: which, the necessary data and information with regard to designation of Senior Advocates ate to be collected, complied and presenéd, Eligibility Qualification No person. shall. be eligible. for “designation as’ Senior Advocate unless he/she Has: been an Advocate entered in-ary‘roll under the Provisions of the Advocates Act, 1961 and actually practicing: for atleast ten. years in the Rajasthan High Court at Jod! pur or its Berich at Jaipur or Courts subordinate to Rajasthan High Court or has been a. District & ‘Sessions Judge in ‘the cadre of Rajasthan Judicial Service with the combined standing as an Advocate and ag District & Sessions Judge for atleast ten years. Disqualification ‘The candidature of. an ‘Advocate found to have been Punished for professional misconduct by any Bar Coundil with ‘eny:punishment, ‘shall:not be eonsidered. ‘Recommendation/A pplication for designation’ “as Senior ‘Advocate ‘The name of an‘Advocate for being designated as Senior Advocate maybe considered : é IF the Chief Justice or any other Judge is of the opinion thet an Advocate by. virtue of his ability, standing at the Bar. or “special. knowledge or experience in law is deserving of suc'1-distinction so as to be designated as Senior Advocate, the Chief Iustice/the Judge ‘may, in vriting, recommend the name of such Advocate for being considered for’ designation as Senior Advocate. The sfecommendation by the Chief Justiee/the Judge shell be in format Appendix-A, which shall be accompanied’ by ‘bio-data ‘of the Advocate in format Appendix-B duly filled in ind: signed by Advocate concerted. (@, On ‘en application submitted by the Advocate, lesirous 10 be designated as Senior Advocate along with his bio-dala in the format Appendix-B, Qo :8. a Processing of applications’. proposals for designation of Senior ‘Advocate (i) The t-commendation of the Chief Justice or a Judge ‘accompanied by the Tio-data. of the ‘Advocate’ ot the: application by Advocate alongwith bio-data shall be placed before the Registrar General of the High Court, who shall forward the same to the Secretariat, (ii). On receipt of proposals as mentioned in clause ‘7(i) and 7(ii), the Secrecariat will compile the relevant: data and information with tegard to the reputation, conduct, integrity of the Advocate(s). concemed including his/her participation in pro-bono. work; teporied judgments for the last five years in which the concemed Advo sate has appeared and actually argued. Invitiag the suggestions and views on proposed designation The. Secretariat “will publish the ‘Proposal: of designation. of a particular Advocate as Senior Advocate in the official website of the Rajasthan “High Court inviting the suggestions/views of. other stakel.olders in the proposed designation within such time as may be directed by the Conimittee. 10. | Consideration by Permanent Committee G@) After the data-base in terms of the above is compiled arid all such information as may be. specifically directed by the Committee to be obtait ed: in respect: of any particular carididate is collected, the Secre ariat shall put-up the same before the Committee for ‘scrutiny. Gi) The. Committee. will examine each case in the light of the data provided by the Secretariat of the Committee; interview the Conce-nied Advocate; and make its. overall assessment ott the basis » ofa point-based format indicated below: pi[3 | Publications by the Advocate 15 points Test of Personality & Suitability on the bass off 5 interview/interaction Gil) All the names listed before the Committee shiall be submitted to the: Full Court for consideration, IL. Consideration by Full Court All the names that are forwarded by the Committe will be placed before the Full Court for Consideration. Voting by: secret ballot will * hot normally be resorted:'to by the Full Court except: when unavoidable. In-the event of resort to secret ballot, decisions will be catried by:a majority of the Judges who have chosen to exercise their preference/choice. 12. . Review/Reconsideration of. the cases not favoura)ly considered Advocate for'a period of two years from the date of such decision and the intimation thereof shall be senit to the Advocate concemed. (i) After’ lapse of the Period. as afc resaid, fresh tecommendation/application of such Advocate for designation ‘as Senior Advocate, received in the mannet prescribed under clause 7(i) and 7(ii), as the case may be, shall be open to be ccnsidered by the Full Court afresh: : Ae13. Recalling of the designation. In the event a Senior Advocate is guilty of conduct Which according to the Full Court disentitles the Senior Advocate concemed to continue to-be worthy of the designation, the Full Court may review its decision designating the concerned person and recall the same. Provided that such Advocate shall be extended an Opportunity of ‘hearit g: in the manner détermined by the Full Court. 14. .. Notification of Designation/Recall In the event of designation of ah Advocate as a Senior Advocate or on'rec illing of such designation; the notification to that ¢ffect shall be issued arid published in such mannet as may be directed by the Chief fustice. The notification issued as aforesaid shall: ‘be forwarded by the Registrar General to the’Secretaty General, Supteme Court of India, all the High Courts, Secretary to the Bar Council of India and Secretary to the Bar Council of Rajasthian and also to all District & Sessioa Judges subordinate to the Rajasthan High Court. 15... Oblig stions and Functions of the Senior Advocate (1) The Senior Advocate'shall not _ @ filo‘a vakalatnama or act'in-any court or tribunal in India; Gi) appear without an advocate ‘on recofd in.the Supreme Court or without an advocate in-part II of the State Roll in any court or ‘triounal or before any petson or other authorities mentioned in Section 30-of the Advocates Act, 1961; © Gii)ac-ept. instructions to -draw. pleadings ‘or affidavits, advise on evidence or do any drafting work of any ‘analogous ’kind in any, . Sourt of tribunal in India or undertake conveyancing work of any ‘Kid whatsoever but this prohibition shall not extend to settling any such matter as, aforesaid in consultation with a junior; (iv) ac2ept directly from a client any briefor instructions to appear in any Court of tribunal in India, Explanation:- (i) ‘acting’ means filing an appearance or any :pleadings or applications in any court or tribunal in India or any act (other “chan pleading) required or alithorized by law to be done by a garty in such: court or tribunal either’ in-person or by his ‘ecognized agent of by-an advocate.or attorney. on ‘his behalf. (Bn