Madras High Court governs consideration for appointment in banks a fundamental right of lawyers

Madras High Court governs consideration for appointment in banks a fundamental right of lawyers

The petitioner was deprived of the opportunity despite sending applications to the respondents

The Madras High Court has held that being considered for empanelment in a bank is a fundamental right of lawyers.

The bench comprising Justice S. M. Subramaniam was hearing a writ petition whereby the writ of certiorified mandamus was instituted questioning the validity of the withdrawal of the circular issued by the Reserve Bank of India (RBI). It pertained to the appointment of panel advocates for nationalized banks at the All-India state/regional/zone level.

The directions were sought for empanelling the advocates by following the established principles of law and providing adequate representations to the candidates belonging to SC/ST/OBC communities.

The petitioner maintained that he was deprived of the opportunity to be empanelled as an advocate in banks, despite sending applications to the respondent banks.

The court observed, "The prevailing procedures being adopted by the banks for empanelment of lawyers are not in consonance with the established principles to be followed for appointments. The procedures and method of selection and merit assessments are to be made and the guidelines should contemplate the same for empanelling the lawyers. It is needless to state that adequate representations have to be provided to SC/ST/OBC candidates without compromising the merits."

The bench noted that public notifications inviting applications from eligible lawyers were the primary procedure to be followed. It was the basic element of equal opportunity for all. The procedures were to be contemplated, ensuring transparency and merit assessment.

Disposing of the writ petition, Justice Subramaniam directed the banks for the empanelment of lawyers and suitably alter, amend, or frame new rules and procedures in consonance and in compliance with the constitutional mandates.

He added that it should be based on the established principles adopted for an appointment and directed the alterations to be completed within four months.