MADHYA PRADESH HIGH COURT ISSUES JUDGEMENT ON SHAILENDRA VERMA AND OTHERS V/S STATE BAR COUNCIL OF MADHYA PRADESH AND OTHERS

JABALPUR, India, Jan. 20 -- Madhya Pradesh High Court issued the following judgment/order on Dec. 19:

1. Petitioners in W.P. No. 29547/2024 are elected members of the State Bar Council and inter alia seek setting aside of order dated 31.01.2022, whereby Respondent No. 8 (Smt. Geeta Shukla) was appointed as the Assistant Secretary of the State Bar Council.

2. In W.P. No. 23220/2024, Petitioner an Advocate inter alia seeks setting aside/quashing of the resolution of the State Bar Council dated 09.07.2024, whereby Respondent No. 3 (Smt. Geeta Shukla) was appointed to the post of Secretary of the State Bar Council.

3. Though there are other incidental prayers in the petitions, however arguments by all were confined to the prayers seeking quashing of the appointment of Smt. Geeta Shukla as the Assistant Secretary and then to the post of Secretary.

4. As per the Petitioners, Smt. Geeta Shukla has been granted out of turn promotion on 31.01.2022 from the post of Lower Divisional Clerk (hereinafter referred to as LDC) to the post of Additional Secretary of the Bar Council by giving her an acceleration of six posts without there being any provision of out of turn promotion in the Rules of the State Bar Council and later on 09.07.2022 given further out of turn promotion and appointed to the post of Secretary. After filing of the petitions on 25.08.2024 she has been reverted to the post of Additional Secretary subject to the outcome of the Petitions.

5. As per the Petitioners the promotion of the employees is to be done by the General Body of the Bar Council on the recommendation of the Executive Committee and on merit cum seniority basis. The Executive Committee has to conduct a suitability test every two years to assess their knowledge and skill.

6. It is contended by the Petitioners that applications were invited from advocates for appointment to the post of Assistant Secretary. Several advocates applied. Smt. Geeta Shukla also applied and stated that she had experience of practice of 08 years. Test was conducted on 01.03.2019. Smt. Geeta Shukla secured '0' mark in drafting Writ Petition, '2' marks in drafting letter in English and '3' marks in drafting letter in English. i.e. total of '5' marks as against '40' marks secured by the top candidate. She ranked 12th.

7. No appointment was done on the basis of the said Examination. However, by order dated 31.01.2022, the Chairman of the Madhya Pradesh State Bar Council promoted Smt. Geeta Shukla, who was then an LDC, to the post of Assistant Secretary of the State Bar Council. Subsequently, the General Body of the State Bar Council in its meeting held on 07.07.2024, accepted the representation of Smt. Geeta Shukla, that the post of Secretary was vacant and she had been discharging the duties of the Secretary being the Assistant Secretary and be promoted to the post of Secretary of the State Bar Council. She was thus promoted to the post of Secretary of the State Bar Council. It is informed that after filing of the Writ Petitions, said decision has been kept in abeyance pending the outcome of these Petitions.

*Rest of the document can be viewed at: (https://mphc.gov.in/upload/jabalpur/MPHCJB/2024/WP/23220/WP_23220_2024_FinalOrder_19-12-2025.pdf)

Disclaimer: Curated by HT Syndication.