Good Practice as an Advocate does not equate Teaching Experience: High Court of Delhi
The High Court of Delhi dismissed a petition challenges the selection process for appointment to the post of Assistant Professor in the Faculty of Law in the University of Delhi on the ground that criteria for selection which is laid down wrongly excludes Advocates having experience of practice, and instead only giving weightage to teaching experience of a candidate, and it is argued that resultantly there is arbitrariness, discrimination of excluding Advocates‟ experience and violation of Article 14 of the Constitution of India.
Putting it in other words, it is argued that whereas experience of teaching is given weightage, the W.P.(C) No.2219/2017 Page 2 of 5 experience as an Advocate is not being given weightage, and therefore, because of the latter aspect the selection process is arbitrary and hit by Article 14 of the Constitution of India.
Moreover, the Court held that:
No doubt, an Advocate who has experience would have considerable weight, but that weightage will be in the field of practice of law and it cannot be argued that merely being a successful Advocate and having a good practice as an Advocate will mean that such a person should be equated to a person who has teaching experience or a post Ph.D research experience.
In any case, in my opinion, there are two views of the mater as to whether an experienced and successful Advocate can or cannot be equated to a person who has teaching experience or post Ph.D research experience, and once two views are possible, this Court will not substitute its view for that of the University/employer fixing the criteria and the weightage for selection and appointment to the post of Assistant Professor.
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