N.Radha B.A., B.L v. The Member Secretary
1/6
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19-06-2025
CORAM
THE HONOURABLE MR JUSTICE N. ANAND VENKATESH and WMP Nos. 12612 & 12614 of 2025 N.Radha B.A., B.L Petitioner(s) Vs
1. The Member Secretary State Legal Services Authority, R Buildings, High Court Campus, A.D.N. Fort Road, Parrys George Town, Chennai-104.
2.The Chairman / Principal District Judge District Legal Services Authority, District Court Campus, Cuddalore.
Respondent(s) PRAYER Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, calling for the records culminating in the Impugned Notification DLSA No. 490/ 2025 dated 10.03.2025 and quash the same and consequently direct the respondents to
2/6 appoint petitioner, who has secured the highest mark in the interview conducted as Chief Legal Aid Defence Counsel. For Petitioner(s):
Mr.P.Aravind Subramaniam Senior Counsel for Mr.V.Shenaz For Respondent(s):
Mrs.K.M.Valsala Kumari Standing Counsel for R1 and R2
ORDER
This writ petition has been filed challenging the impugned notification dated 10.03.2025 and for a consequential direction to the respondents to engage the petitioner as Chief Legal Aid Defence Counsel to represent District Legal Services Authority.
2.Heard Mr.P.Aravind Subramaniam, learned Senior Counsel appearing on behalf of the petitioner and Mrs.K.M.Valsala Kumari, learned Standing Counsel appearing on behalf of the respondents.
3/6 3.In the previous selection, the petitioner participated in the selection and ultimately, the selection of the petitioner was placed before the Executive Chairman who has to approve and only thereafter, the petitioner will be able to function as Chief Legal Aid Defence Counsel. On going through the report submitted by the State Legal Services Authority, the Executive Chairman came to a conclusion that the approval cannot be granted for the selection of the petitioner and directed the Chairman of District Legal Services Authority to call for fresh candidates for the position of Chief Legal Aid Defence Counsel. 4.The subsequent selection process for which notification dated 10.03.2025 was issued, did not go through due to the pendency of the present writ petition.
5.In view of the above, the petitioner cannot insist for being engaged as Chief Legal Aid Defence Counsel to represent the Legal Services Authority. The challenge made by the petitioner with respect to the impugned notification dated 10.03.2025 also does not subsist, since the selection process was not continued
4/6 due to the pendency of the writ petition. Hence, it is left open to the 2nd respondent to issue a fresh notification for selecting the Chief Legal Aid Defence Counsel. The petitioner can also participate in the said selection process. Ultimately, the procedure as contemplated under the Legal Aid Defense Counsel Scheme, 2022, will be followed and the final approval will go through only if it is approved by the Executive Chairman. 6.This writ petition is disposed of in the above terms. No Costs. Consequently, connected miscellaneous petitions are closed. 19-06-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes ssr
5/6 To 1.The Member Secretary State Legal Services Authority, R Buildings, High Court Campus, A.D.N. Fort Road, Parrys George Town, Chennai-104.
2.The Chairman / Principal District Judge District Legal Services Authority, District Court Campus, Cuddalore.
6/6 N.ANAND VENKATESH J.
ssr 19-06-2025