'You Have So Many Panel Counsels, But No Appearance For Union Of India On Many Occasions' : Supreme Court To Centre

Expressing displeasure at the frequent lack of appearance of the Union in different matters, the Supreme Court today (December 12) inquired why the Union Government has not appointed specific counsels for different benches despite having so many panel lawyers.

This oral observation was made by a bench of Justices B.R. Gavai and KV Viswanathan while hearing a matter pertaining to the admission of a student, belonging to the OBC category and with locomotive benchmark disability coupled with speech impairment by birth, to the MBBS Course.

Although notice in this matter was issued on November 25, Union failed to appear. Yesterday, when the matter came up in the afternoon, the Union's counsel failed to appear. This compelled the Court to pass an order: "It is unfortunate that in the matter concerning admission of the petitioner belonging to the Persons with Disability category, in spite of notice being duly served, none appears. Though normally we do not direct the presence of the officers of the Government to remain present in the 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 12.12.2024 at 10.30 A.M."

Today when the matter was taken up at 10:45 am, Additional Solicitor General Vikram Banerjee appeared for the Union.

Justice Gavai reiterated the dismay in which the Union's counsels failed to appear in matters. He particularly stated when the matter concerns a person with a disability, it is expected that Union will appear.

He said: "What is this? Notices are been served and you don't bother to appear? You have so many law officers- A Panel Counsel, B Panel Counsel, C Panel Counsel. This is not happening for the first time. On many occasions for the Union of India, nobody is present here. Yesterday also, we saw that if somebody is present, we will not pass such an order. But nobody was here. We waited till 4'o clock and then passed an order...Specifically when matter pertains to persons with disability, we expect you to respond. You have so many panel counsels, why don't you assign some panel counsels to some courts? Frankly, when we require somebody's assistance, they can be there immediately. In affidavit, we see 8 lawyers, 9 lawyers..."

The Director General of Health Services also appeared today as per the Court's order yesterday. In the order, the Court observed that it does not take pleasure in summoning the officers to the court" but was constrained to do so since there was no representation. The Court passed an order allowing the student to be admitted for MBBS course in a college in Rajasthan.