SC Expresses Displeasure Over Repeated Absence of Centre's Advocates

SC Expresses Displeasure Over Repeated Absence of Centre's Advocates

The Supreme Court expressed its dissatisfaction with the recurring absence of the Centre's advocates in multiple cases, stating on Thursday that it did not take any pleasure in summoning government officers before the court.

Recently, a bench of Justices B.R. Gavai and K.V. Viswanathan directed the presence of the Director General of the Centre's Directorate General of Health Services, highlighting the "casual approach" in a case involving the admission of a medical aspirant from the persons with disability category.

"The court does not take pleasure in summoning the officers to the court. However, when in spite of being duly served, the respondents do not put in appearance, we were compelled to do so," it said.

On Thursday, both the officer and the Centre's counsel, Additional Solicitor General Vikramjit Banerjee, appeared before the bench.

"What is this? Notices are served and you don't even bother to appear," Justice Gavai said, "this is not happening for the first time. On many occasions, for the Union of India, nobody is present here".

The bench explained that it had issued the order for the officer's presence after no lawyer appeared for the authority during the hearing on December 11, despite the authority being duly served.

The court stated that it waited until 4 pm for the counsel to appear, but when no one showed up for the Centre, despite the presence of several lawyers, it decided to pass the order.

"The presence of the officer is dispensed with," the bench said in its order.

"We expect you to respond," the top court said, "when a matter pertains to persons with disability".

"You have so many panel counsel. Why don't you assign some panel counsel to some courts so that at least when we require somebody's assistance, somebody can be there immediately," it said.

While addressing the plea of a medical aspirant from the persons with disability category, the bench directed his admission to a government medical college in Rajasthan. On December 11, the bench instructed the officer to appear before it at 10:30 am on Thursday.

The bench expressed disappointment, stating that it was unfortunate that, despite notice, no one had appeared in a matter concerning a person with disability. However, the court clarified that it typically did not direct government officers to be present in court.

"...In view of the casual approach of respondent no.2, we are compelled to direct the personal presence of the Director General, Directorate General of Health Services, Ministry of Health and Family Welfare, Government of India, New Delhi in this court on December 12 at 10.30 am," it said.

The bench was hearing a petition challenging a September 23 order of the Punjab and Haryana High Court, which had dismissed the aspirant's plea for admission to the MBBS course for the 2024-25 academic session.

The High Court had observed that the challenge in the case concerned the certificate of disability and noted that a similar issue had been decided in a separate matter, where relief was denied primarily because the opinion of disability experts could not substitute the court's opinion.

 

 

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