RULES SUPPLEMENT TO PART II EXTRAORDINARY

HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH

GUIDELINES FOR DESIGNATION OF ADVOCATES

AS SENIOR ADVOCATES :

NOTIFICATION No. 39/SO/2018

Roc.No.2674/SO/2017,- In supercession of the existing guidelines on the

subject, the High Court Judicature at Hyderabad for the State of Telangana and Andhra

Pradesh frames the following guidelines for designating Advocates as Senior

Advocates, under Section 16(2) of the Advocates’ Act, 1961 (Central Act 25

of 1961) :

(1)

All matters relating to designation of Advocate as Senior Advocate in the

High Court of Judicature at Hyderabad for the State Telangana and

Andhra Pradesh shall be dealt with by a Permanent Committee to be known

as “the Committee for designation of Senior Advocate”.

(2)

The Permanent Committee will be headed by the Hon’ble the Chief

Justice and consist of two senior-most Judges of the High Court; the

Advocate General will be a Member of the Permanent Committee. The

above four Members of the Permanent Committee will nominate another

Member of the Bar to be the fifth Member of the Permanent Committee.

[1]

NOTIFICATIONS BY GOVERNMENT

Registered No. HSE-49/2016

No.1

AMARAVATI, FRIDAY , NOVEMBER 23, 2018

G.842

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(3)

The Permanent Committee shall have a Permanent Secretariat, the

composition of which will be decided by the Hon’ble the Chief Justice

in consultation with other members of the Committee.

(4)

All applications including written proposals by the Hon’ble Judges will

be submitted to the Secretariat of the Permanent Committee.

(5)

On receipt of applications for designation of Senior Advocates or

proposals from Hon’ble Judges, the Secretariat will compile the relevant

data and information with regard to :

(i)

The reputation, conduct, integrity of the Advocate(s) concerned;

(ii)

Number of cases in which the applicant participated in probono work ;

(iii)

Reported judgments at least in 25 cases during the preceding five

years, in which the concerned Advocate(s) had personally appeared

and argued;

(iv)

The source(s) from which information/data is to be collected is to be

forwarded by the applicants by giving the case numbers and the

citations of reported judgments to enable the secretariat to verify the

same;

(v)

The Secretariat will publish the proposal of designation of a particular

Advocate in the official website of the High Court inviting suggestions

on the proposal. Suggestions/ views received within 15 days

from the date of the proposal will be placed before the Permanent

Committee;

(vi)

After the data-base in terms of the above is compiled and all such

information as may be specifically directed by the Permanent

Committee to be obtained in respect of any particular candidate

is collected, the Secretariat shall put up the case before the

Permanent Committee for scrutiny;

(vii)

The Permanent Committee will examine each case in the light

of the data provided by the Secretariat of the Permanent Committee;

interview the concerned Advocate; and make its overall assessment

on the basis of a point-based format indicated below:

ANDHRA PRADESH GAZETTE EXTRAORDINARY

[R.S.Part-II

S.NO

MATTER

POINTS

Number of years of practice of the

Applicant Advocate from the date of

enrolment.

[10 points for 10-20 years of practice;

20 points for practice beyond 20 years]

20 POINTS

Judgments (Reported and unreported)

which indicate the legal formulations

advanced by the concerned Advocate in the

course of the proceedings of the case; pro

bono work done by the concerned

Advocate; domain Expertise of the

Applicant Advocate in various branches of

law, such as Constitutional law, Inter-

State Water Disputes, Criminal law,

Arbitration law, Corporate law, Family law,

Human Rights, Public Interest Litigation,

International law, law relating to women,

etc.

40 POINTS

Publications by the Applicant Advocate

15 POINTS

Test of Personality & Suitability on the

basis of interview/interaction

25 POINTS

(viii)

All the names that are listed before the Permanent Committee/cleared

by the Permanent Committee will go to the; Full Court.

(ix)

Voting by secret ballot will not normally be resorted to by the full court

except when unavoidable. In the event of resort to secret ballot decisions

will be carried by a majority of the Judges who have chosen to exercise

their preference/choice.

(6)

The Advocate, to be designated as a Senior Advocate, should have:-

(i)

a minimum standing of 10 years at the Bar, out of which not less than seven

years shall be in the High Court of Judicature at Hyderabad for the State

of Telangana and the State of Andhra Pradesh;

(ii)

ordinarily appeared as the arguing Counsel in not less than twenty

five cases, reported in law journals, in the preceding five years and

November 23, 2018]

RULES SUPPLEMENT

should have contributed to the growth of law; or should have appeared

in the Court as a Senior Law Officer of the Government i.e., the

Additional Advocate-General or the Public Prosecutor or the

Assistant-Solicitor General.

(iii)

not been convicted by a competent Court, not have been charged for

an offence involving moral turpitude or for contempt of Court or imposed

punishment by the Bar Council of the State/Bar Council of India; and

(7)

Canvassing in any form, including meeting the Judges, by advocate concerned,

shall result in disqualification of the proposal.

(8)

On acceptance of the proposal by the Full Court, the Registrar General

shall notify acceptance of the proposal to the Advocate concerned. Intimation

shall also be sent to the High Court Advocates’ Association, the Bar Council

of the State, the Bar Council of India, and the Registrar, Supreme Court of

India.

(9)

All cases that have not been favourably considered by the Full Court may

be reviewed/reconsidered after expiry of a period of two years following

the manner indicated above as if the proposal is being considered

afresh;

(10) A designated Senior Advocate shall not appear in any Court or proceeding

in the absence of his instructing Counsel. He shall also not draft pleadings.

(11) Withdrawal of designation:

In the event a Senior Advocate, according to the Full Court, is guilty of

conduct which disentitles that person to continue to be worthy of the

designation, the Full Court may review its decision to designate the

concerned person and recall the same;

(12) The Registrar General shall notify withdrawal of the designation, and

communicate the decision of the Full Court to the Advocate concerned, the

High Court Advocates’ Association, the Bar Council of the State, the Bar

Council of India, and the Registrar, Supreme Court of India.

FORM OF CONSENT

I hereby express my consent, for being designated as Senior Advocate.

ADVOCATE.

ANDHRA PRADESH GAZETTE EXTRAORDINARY

[R.S.Part-II

FORM OF BIO-DATA

1).

Name:

2).

Father’s/husband’s name:

3).

Address:

4).

Permanent Address:

5).

Age/Date of Birth:

6).

Date of Enrolment:

7).

Name of the Bar Association of which he/she is a member.

8).

Number of years of practice, and in which Court/s.

9).

If specialized in any branch of Law.

10).

Whether he/she is, or has been, in the panel of Advocates of the State or Central

Government, or a public sector undertaking, or a statutoiy body, or institution. If so,

details thereof.

11).

Particulars of important matters in which he/she appeared in the last five years,

and particulars of, at least, twenty five citations of reported cases during this period.

12).

Names and particulars of Advocates associated with him in his/her chambers /

office.

13).

Particulars of cases in which he/she appeared as an arguing Counsel, on behalf

of another Advocate, (not being an advocate from his chambers/office), during the

preceding three years, and the name and particulars of the Advocate on whose

behalf he/she appeared.

14).

Particulars of articles, if any, published in any journal or books, if any, authored.

15).

Whether associated with any faculty of Law (If so, the particulars thereof].

16).

Particulars of the cases in which he/she provided free legal aid.

17).

Whether his/her name was earlier proposed for being designated as Senior

Advocate of the High Court of Judicature at Hyderabad for the State of Telangana

and the State of Andhra Pradesh, or any other High Court, or of the Supreme

Court of India. If so, the decision thereon.

18).

Whether involved in any Criminal Case, or disciplinary proceedings before the

State Bar Council. If so, the particulars, the result/the stage of the proceedings.

November 23, 2018]

RULES SUPPLEMENT

DECLARATION

I,....................................................................Son of..................................................., Advocate

hereby declare that the above stated particulars are true and correct.

Sd/-

(NAME OF THE ADVOCATE)

Sd/-.,

Hyderabad,

REGISTRAR GENERAL.

Dated : 31-10-2018.

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Published and Uploaded by the Commissioner of Printing, Government of Andhra Pradesh at

Government Regional Press, Vijayawada, www.apegazette.cgg.gov.in

ANDHRA PRADESH GAZETTE EXTRAORDINARY

[R.S.Part-II