Court affirms continuation of Legal Aid Defense Counsels under National Scheme, rejecting State's independent selection process
In a significant ruling, the Madhya Pradesh High Court has quashed the Standard Operating Procedure (SOP) framed by the State Legal Services Authority (SLSA) for the selection of Legal Aid Defense Counsels, deeming it contrary to the Modified Scheme of 2022 established by the National Legal Services Authority (NLSA). The decision was delivered by a division bench comprising Justices Vishal Dhagat and Anuradha Shukla, addressing a writ petition filed by Ramkrishna Soni and others.
The petitioners, who were appointed under the Modified Scheme of 2022 on a contractual basis for two years with a provision for extension based on performance evaluation, challenged the SOP which introduced a fresh selection process upon the expiry of the current term, effectively discontinuing the automatic extension mechanism.
The court found that Sections 7 and 8 of the Legal Services Authorities Act, 1987, mandate the State Authority to act under the guidance and directions of the NLSA, implementing its policies without unilateral modifications. The bench observed that the SOP's requirement for a new selection process contravened the NLSA's Modified Scheme, which stipulates an extension based on satisfactory performance evaluations.
The court further clarified that the Modified Scheme of 2022 is not suggestive but mandatory, including the contractual terms and conditions for Legal Aid Defense Counsels. The bench emphasized that the SLSA lacks the authority to independently alter the scheme or its contractual stipulations, which are binding on both the petitioners and the appointing authority.
The judgment underscores the importance of adherence to national policies by state authorities, ensuring consistent and uninterrupted legal aid services. The court's decision affirms the continuation of the petitioners in their respective roles, subject to performance evaluations as per the NLSA's guidelines.
Bottom Line:
Legal Aid - Standard Operating Procedure (SOP) framed by State Legal Services Authority (SLSA) found contrary to Modified Scheme of 2022 of National Legal Services Authority (NLSA) - Petitioners appointed under Modified Scheme of 2022 on contractual basis for two years with provision for extension based on performance evaluation - SOP providing fresh selection process and discontinuing extension mechanism quashed.
Statutory provision(s): Legal Services Authorities Act, 1987 Sections 7, 8, Legal Aid Defense Counsel System Modified Scheme, 2022 Clauses 4, 9
Ramkrishna Soni v. Union of India, (Madhya Pradesh)(DB)(Jabalpur) : Law Finder Doc Id # 2833169
