The Delhi High Court has praised a young advocate for stepping up and arguing a case independently, while also commending his senior for allowing him to continue even after joining the proceedings midway.
A Division Bench of Justices C Hari Shankar and Nivedita Anil Sharma made the observations while hearing All India Institute of Medical Sciences v Girdhari Lal Jakhar.
The court noted that advocate Ayush Gupta was appearing for the All India Institute of Medical Sciences (AIIMS) because senior counsel Anand Varma was engaged elsewhere. Gupta, the Bench observed, was well prepared and demonstrated a strong command of the case record.
When Varma subsequently arrived during the hearing, he did not take over the proceedings. Instead, he remained beside Gupta and stepped in only when the junior needed assistance.
The Bench said this was the kind of professional relationship it expected between senior and junior counsel.
The judges contrasted the episode with what they said was a frequent courtroom practice in which junior lawyers seek passovers or adjournments when the designated arguing counsel is unavailable, sometimes saying they are unfamiliar with the case or lack instructions to address the court.
The present matter, the Bench said, offered a welcome change.
The court stressed that junior advocates should come prepared to argue matters, while senior counsel should give them the opportunity to develop their courtroom skills rather than discouraging them from taking the lead.
“We record our appreciation for Mr. Gupta as well as Mr. Varma. It gives us hope,” the Bench remarked.
Dispute over AIIMS recruitment
The observations came as the High Court dismissed AIIMS’ challenge to an order passed by the Central Administrative Tribunal concerning the recruitment of Girdhari Lal Jakhar to a driver post under the Other Backward Classes (Non-Creamy Layer) category.
Jakhar had secured fifth position after scoring 161 out of 200 marks in the written examination. His candidature was subsequently rejected because the OBC-NCL certificate he submitted had not been issued within the period specified by AIIMS, covering April 2020 to March 2021.
The High Court, however, found that the certificate established his OBC-NCL status for the relevant financial year. The Bench also took note of the fact that AIIMS had itself granted Jakhar additional time to submit the required certificate.
The writ petition was consequently dismissed, with AIIMS directed to process Jakhar’s candidature within eight weeks.
Anand Varma and Ayush Gupta appeared for AIIMS.